North Dakota Administrative Code

1. The permit will remain in effect as long as active mining continues at a mine site and the operator remains in full compliance with all permit conditions. 2. A permit shall be reviewed and may be required to be modified or revised due to: a. Additional applicable requirements …

An application for a permit modification or revision shall be in a format acceptable to the director and shall be accompanied by sufficient information for the director to determine whether any of the factors listed in the section are present. A permit modification or revision wi…

1. After notice and hearing, the commission may revoke a mining permit or limit its duration. The commission may act upon its own motion or upon the application of an owner in the permit area. In deciding whether to revoke or limit a permit, the factors that the commission may co…

1. All surface facilities and flow lines installed shall be constructed so that the materials contained in the facilities do not cause waste. Operation of surface facilities and flow lines shall not begin until the operator has complied with the methods and means to prevent pollu…

Prior to the construction of any injection well to be utilized for the extraction of minerals or energy, an operator shall obtain an underground injection control permit pursuant to chapter 43-02-02.1. History: Effective July 1, 2013. General Authority: NDCC 38-12-02 Law Implemen…

At least thirty days before a regularly scheduled test, an operator shall notify the director of the date and approximate time of the test. The notification shall include a copy of the proposed test procedure, including procedures for wireline logging. Mechanical integrity testin…

1. Prior to commencing operations, the operator of a new injection well must demonstrate the mechanical integrity of the well. Injection wells must demonstrate continual mechanical integrity and be tested at least once every five years. An injection well has mechanical integrity …

The operator shall calibrate all pressure gauges used in mechanical integrity demonstrations according to the manufacturer's recommendations. A copy of the calibration certificate shall be submitted to the director at the time of demonstration and every time the gauge is calibrat…

The operator shall file a signed copy of the report of a mechanical integrity test with the director within sixty days after testing. A copy of the pressure record shall accompany the report. The report shall include evaluation of the test results by a person qualified to provide…

The director may require a demonstration of mechanical integrity following a change of well status or if there is reason to believe a well does not have mechanical integrity. History: Effective July 1, 2013. General Authority: NDCC 38-12-02 Law Implemented: NDCC 38-12-02

The operator of a solution well shall submit a plan to monitor cavity size and shape for approval by the director. The plan shall include frequency of monitoring and shall include a description of the method used to determine the size and shape of the cavity. History: Effective J…

The operator shall submit a plan for subsidence monitoring above a cavity for approval by the director. The plan shall include frequency of monitoring and shall include a description of the method used to monitor subsidence. History: Effective July 1, 2013. General Authority: NDC…

Before abandoning a cavity used for storage, the operator shall remove stored product to the extent practicable and replace it with brine or freshwater subject to the approval of the director. History: Effective July 1, 2013. General Authority: NDCC 38-12-02 Law Implemented: NDCC…

1. The director shall have the authority to approve requests to consolidate production equipment at a central location. 2. Commingling of production from two or more wells in a central production facility is prohibited unless approved by the director. There are two types of centr…

Storage of brine solution in underground or partially buried tanks or containers is prohibited. Surface tanks and production equipment must be devoid of leaks and in good condition. Unused tanks and production equipment must be removed from the site or placed into service, within…

No tank bottom waste shall be removed from any tank used for the storage or sale of crude oil without prior approval by the director. Verbal approval may be given. Prior approval to remove tank bottom waste from tanks not used for the storage or sale of crude oil is not required.…

1. All saltwater liquids or brines produced shall be processed, stored, and disposed of without pollution of freshwater supplies. At no time shall saltwater liquids or brines be allowed to flow over the surface of the land or into streams. 2. Underground injection of saltwater li…

Secondary containment measures at a wellhead or surface facility shall meet all of the following requirements: 1. The sidewalls and floor of a secondary containment area shall be constructed of sufficiently impermeable material to provide emergency containment. 2. Dikes or firewa…

A vessel at a surface facility shall be elevated and placed on impervious pads or constructed so that any leakage can be easily detected. A vessel that is to be used onsite for thirty days or less shall, at a minimum, be placed on leak-resistant material installed in a manner to …

1. A truck loading and unloading area located outside of a secondary containment area shall be constructed and sealed in a manner that prevents the seepage of waste product, stored product, or brine into the surrounding soils, surface waters, or ground water. In addition, a ramp …

All piping at a surface facility shall be routed above the ground and kept within the secondary containment area where practicable. Piping that cannot be routed above the ground shall have its location marked with posts or with other location-identifying markers approved by the d…

Upon completion of the construction of a surface facility, but before its use, an operator of a well shall certify to the director that the secondary containment area is constructed according to the approved plan. Following advance notice, the director may require an inspection o…

If a pipeline conveys liquids to or from a well located outside the perimeter of a manufacturing plant, it is subject to the provisions of this section. 1. Except as provided in subsection 2, a marker shall be placed and maintained as close as practicable over each buried brine p…

An operator shall keep records covering each leak discovered, repair made, pipeline break, pipeline patrol, and inspection for as long as the segment of pipeline involved remains in service. History: Effective July 1, 2013. General Authority: NDCC 38-12-02 Law Implemented: NDCC 3…

An operator of a well shall remove all flow lines and vessels, including tanks, if the flow lines or vessels are not used for one year and shall provide notification of the removal to the director. The director may allow a line to be purged and abandoned in place upon written app…

1. The operator of a well shall maintain all existing dikes or firewalls installed before July 1, 2013, and shall keep the containment area free of oil, emulsions, waste products, stored products, tank bottoms, brine, water, vegetation, debris, or any flammable or combustible mat…

The operator shall conform to the following practices: 1. The mining and reclamation operation shall be designed and operated using the most appropriate technology and best management practices. 2. Public safety and welfare. The operator shall minimize hazards to the public safet…

The land surface of the permit area will be restored as nearly as possible to its original condition unless conflicting with the approved postmining land use. Each reclamation plan must be developed to meet the site-specific characteristics of the mining operation and the site. 1…

The operator of each and every injection well shall, on or before the tenth day of the second month succeeding the month in which injection occurs, file with the director the amount of liquid injected, the composition of the liquid, and the source thereof upon approved computer s…

The operator of a mine shall, on or before the tenth day of the second month succeeding the month in which production occurs, file with the director the amount of production made by the mine upon form 5-sm or approved computer sheets no larger than eight and one-half by eleven in…

A person who is producing natural brine shall be required by the director to report annually, within sixty days after the end of the calendar year of production, the amount of natural brine produced during the calendar year of production, unless an extension of time is granted by…

An operator shall control cavity shape during solution mining of bedded salt. An operator who is solution mining shall report annually, within sixty days after the end of the calendar year, the amount of soluble mineral or rock removed and the volumes of fluids injected into and …

The operator shall determine the cavity roof position not less than biennially. Generally accepted wireline logging methods shall be utilized. The results of the determination shall be filed with the director not more than sixty days after completion and shall include all wirelin…

All operators within North Dakota shall make and keep appropriate books and records for a period not less than six years covering their operations in North Dakota from which they may be able to make and substantiate the reports required by this chapter. 29 History: Effective July…

This chapter shall not be taken or construed to limit or restrict the authority of the commission to require the furnishing of such additional reports, data, or other information relative to production or products as may appear to be necessary or desirable, either generally or sp…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 38-12, except: 1. "Certified mail" means a form of service by the United States postal service, federal express, Pitney Bowes, or other commercial nationwide delivery service that…

This chapter contains general rules of statewide application which have been adopted by the commission to conserve the natural resources of North Dakota, prevent waste, and provide for operation in a manner as to protect correlative rights of all owners of subsurface minerals. Sp…

The commission and its agents, representatives, and employees shall enforce all rules and statutes of North Dakota relating to the exploration, development, and production of critical minerals. However, it is the responsibility of all owners or operators to obtain information per…

The commission recognizes all persons exploring for, producing, or processing critical minerals on United States government land or for United States government minerals shall comply with federal regulations and applicable state rules and regulations. History: Effective July 1, 2…

Forms for written notices, requests, and reports required by the commission must be furnished upon request. The forms must be of the nature prescribed by the commission covering proposed work, work in progress, and the results of completed work. History: Effective July 1, 2026. G…

The commission may enter arrangements with state and federal government agencies, industry committees, and individuals with respect to special projects, services, and studies relating to critical minerals. History: Effective July 1, 2026. General Authority: NDCC 38-12-02 Law Impl…

A person acting as principal or agent for another or independently engaged in the drilling for, or in the production, storage, transportation, refining, reclaiming, treating, marketing, or processing of the critical minerals in North Dakota immediately shall file with the state g…

The state geologist shall maintain an official permit list, including: 1. The name of the permitholder; 2. The permit number; 3. The date the permit was issued; and 3 4. The location (county) of the permit. History: Effective July 1, 2026. General Authority: NDCC 38-12-02 Law Imp…

1. A permit is required before commencement of operations for the exploration and evaluation of critical minerals. A permit must be granted for one year upon receipt of a permit application on a form provided by the commission, the furnishing of a bond as set out in this chapter,…

1. A person engaged in critical mineral exploration and evaluation, or who proposes to do so, shall submit to the commission and obtain its approval of a surety bond or cash bond. An alternate form of security may be approved by the commission after notice and hearing, as provide…

1. A processing facility permit application is required before commencement of operations to create or construct a processing facility. The application for a processing facility permit must be filed with the director, together with a permit fee. The amount of the permit fee is de…

1. Before any person receives a permit to conduct processing facility operations for critical minerals, the person shall submit to the commission and obtain its approval of a surety bond executed by a responsible surety company authorized to transact business in North Dakota or a…