North Dakota Administrative Code

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapters 38-08 and 38-19 except: 1. "Certified or registered mail" means any form of service by the United States postal service, federal express, Pitney Bowes, and any other commercial, …

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

exploration, and development of deep-well geothermal resources. The commission, its agents, representatives, and employees are charged with the duty and obligation of enforcing all rules and statutes of North Dakota relating to geothermal resources. However, it is the responsibil…

All operators, contractors, drillers, carriers, service companies, and all other persons shall at all times conduct their operations in the drilling, equipping, operating, producing, plugging, and site reclamation of a geothermal energy extraction facility in a manner that will p…

The commission recognizes that all persons drilling and producing on United States government land shall comply with the United States government regulations. Such persons also shall comply with all applicable state rules and regulations. Copies of the sundry notices, reports on …

Forms for written notices, requests, and reports required by the commission must be furnished upon request. These forms must be of such nature as prescribed by the commission to cover proposed work and to report the results of completed work. History: Effective October 1, 2020. G…

The commission may from time to time enter arrangements with state and federal agencies, industry, and individuals with respect to special projects, services, and studies relating to geothermal energy. History: Effective October 1, 2020. General Authority: NDCC 38-19-03 Law Imple…

Every person acting as principal or agent for another or independently engaged in the drilling of deep geothermal wells, or in the exploration, production, reclaiming, treating, and disposal of geothermal resources in North Dakota immediately shall file with the state geologist t…

By special order of the commission, periodic surveys may be made of the reservoirs in this state containing geothermal resources. These surveys must be thorough and complete and must be made using methods approved by the director. The condition of the reservoirs containing geothe…

The commission, director, and their representatives shall have access to all records wherever located. All owners, operators, drilling contractors, drillers, service companies, or other persons engaged in drilling, completing, producing, operation, or servicing wells or construct…

Before any person receives a permit to drill a well while exploring for geothermal resources, the person shall submit to the commission and obtain its approval of a surety bond or cash bond. An alternative form of security may be approved by the commission after notice and hearin…

Before any person receives a permit to construct a facility for the development or production of deep-well geothermal resources, the person shall submit to the commission and obtain its approval of a surety bond or cash bond. An alternative form of security may be approved by the…

Before any person begins any well-site preparation for the drilling of any well other than surveying and staking for the purpose of exploring for deep-well geothermal resources, the person shall file an application for permit to drill on a form approved by the commission with the…

Before any person begins any site preparation for the construction of a deep-well geothermal facility, the person shall file an application for a facility permit on a form approved by the commission with the director, together with a permit fee. The amount of the permit fee to be…

The commission may require notice and hearing before a permit application is approved or denied. Except in the case of an emergency, the commission shall give thirty days' notice to the general public of the time and place of the hearing on the application. Immediately upon recei…

The commission may approve the permit application as submitted, approve with conditions that ensure the protection of human health and the environment, or deny the application. The commission may deny a permit application if the exploration, drilling, or operation poses a threat …

Prior to the construction of any injection well to be utilized for the disposal of fluids resulting from deep geothermal energy production, the department of environmental quality shall permit an operator to operate the underground injection well pursuant to article 33.1-25. All …

The following basic data collected by the operator must be delivered, free of charge, to the state geologist within thirty days of collection: 1. Washed and packaged sample cuts. 2. Cores, except those portions used for necessary testing or analysis, in which case the results of …

The operator of each deep geothermal well completed in any pool, on or before the first day of the second month succeeding the month in which production occurs, shall file a report with the state geologist showing the amount and temperature of production made by each such well up…

temperature of fluids. The rate of the flow of water or steam, or both, and the pressure and temperature of the fluids from each deep geothermal well must be accurately measured. Metering must be on a continuous basis and each well must be gauged at the frequency prescribed by th…

This chapter may 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 spec…

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. History: Effective October…

All waste material associated with exploration or production of geothermal energy must be properly disposed of in an authorized facility in accordance with all applicable local, state, and federal laws and regulations. All waste material recovered from spills, leaks, and other su…

The annual operating fee must be based upon the costs to monitor and inspect the facility. History: Effective October 1, 2020. General Authority: NDCC 38-19-03 Law Implemented: NDCC 38-19-03

The plugging and reclamation of exploration wells to comply with all applicable rules in chapter 43-02-03, including plugging and site reclamation. All lands disturbed during exploration for geothermal resources are to be reclaimed to a condition consistent with prior land use an…

The plugging and reclamation of all wells to comply with all applicable rules in chapter 43-02-03, including plugging and site reclamation. All buildings and infrastructure are to be removed. The site, access road, and other associated facilities constructed are to be reclaimed t…

proceedings. 1. Except as more specifically provided in North Dakota Century Code section 38-08-11, the rules of procedure established in subsection 1 of North Dakota Century Code section 28-32-21 apply to proceedings involving a complaint and a specific-named respondent. 2. For …

The commission may hold investigatory hearings upon the institution of a proceeding by application or by motion of the commission. Notice of the hearing must be served upon all parties personally or by certified mail at least five days before the hearing. History: Effective Octob…

The evidence in each case heard by the commission, unless specifically excluded by the hearing officer, includes the certified directional surveys, and all geothermal resource production records, and all injection records on file with the commission. Any interested party may subm…

Neither petitions for review of a recommended order nor oral arguments following issuance of a recommended order and pending issuance of a final order are allowed. History: Effective October 1, 2020. General Authority: NDCC 38-19-08 Law Implemented: NDCC 38-19-08

The commission may give notice of an order by mailing the order, and findings and conclusions upon which it is based, to all parties by regular mail provided it files an affidavit of service by mail indicating upon whom the order was served. History: Effective October 1, 2020. Ge…

All pleadings, notices, written motions, requests, petitions, briefs, and correspondence to the commission or commission employee from a party (or vice versa) relating to a proceeding after its commencement, must be filed with the director and entered in the commission's official…

The commission by motion may designate and appoint qualified individuals to serve as examiners. The commission may refer any matter or proceeding to any legally designated and appointed examiner or examiners. History: Effective October 1, 2020. General Authority: NDCC 38-19-05 La…

The commission by motion may limit the powers and duties of any examiner in any particular case to such issues or to the performance of such acts as the commission deems expedient; however, subject only to such limitation as may be ordered by the commission, the examiner or exami…

Upon conclusion of any hearing before an examiner, the examiner promptly shall consider the proceedings in such hearing, and based upon the record of such hearing, the examiner shall prepare a report and recommendations for the disposition of the matter or proceeding by the commi…

After receipt of the report and recommendations of the examiner, the commission shall enter its order disposing of the matter or proceeding. History: Effective October 1, 2020. General Authority: NDCC 38-19-05 Law Implemented: NDCC 38-19-05 12…

In a matter pending before the commission, all prehearing motions must be served by the moving party upon all parties affected by the motion. Service must be upon a party unless a party is represented by an attorney, in which case service must be upon the attorney. Service must b…

The terms used throughout this chapter have the same meaning as in chapter 43-02-03 and North Dakota Century Code chapters 38-08 and 57-51.1, except: 1. "Commercial quantities" means production exceeding in value current operating costs. 2. "Condensate recovered in nonassociated …

Any operator desiring to classify a well or property as a stripper well or a stripper well property for purposes of exempting production from the imposition of the oil extraction tax as provided under North Dakota Century Code chapter 57-51.1 shall file an application for strippe…

The director recognizes the following as properties: 1. A unit. 2. A spacing unit. 3. Contiguous tracts within a lease. 4. A single well drilled and completed prior to July 1, 2013, is considered a single well stripper well property. A single well drilled and completed after June…

1. Upon receipt of an application for stripper well or stripper well property determination, the director shall review the application, information, or comments submitted by any interested person and all relevant information contained in the books, files, and records of the commi…

Any applicant adversely affected by a determination of the director made under sections 43-02-08-02 through 43-02-08-03 may within thirty days after the entry of such a determination submit an amended application. If an amended application is submitted, the director shall issue a…

Any person adversely affected by a determination of the director of either an application or an amended application for stripper well or stripper well property status made under sections 43-02-08-02 through 43-02-08-03 may within thirty days after the entry of such a determinatio…

Repealed effective September 1, 1987.

Repealed effective May 1, 1992.

Repealed effective May 1, 1992. 4

Repealed effective May 1, 1992.

Repealed effective May 1, 1992.

Any operator desiring to classify a well or property as a stripper well property pursuant to this chapter shall make and keep records for a period of not less than six years, covering their operations in North Dakota from which they may be able to make and substantiate the report…

The terms used throughout this chapter have the same meaning as in chapter 43-02-03 and North Dakota Century Code chapters 38-08 and 57-51.1 except: 1. "New secondary recovery project" means a secondary recovery project which results in incremental production. 2. "Normal producti…