North Dakota Administrative Code

Any unit operator desiring to certify a secondary recovery project as a "qualifying secondary recovery project" for purposes of eligibility for the tax incentive provided in North Dakota Century Code chapter 57-51.1 shall submit to the director an application for certification of…

Upon the filing of an application for certification of a qualifying secondary recovery project, the commission shall promptly set a date for hearing. In determining whether a secondary recovery project shall be certified as a "qualifying secondary recovery project", the commissio…

Any unit operator desiring to certify a tertiary recovery project as a "qualifying tertiary recovery project" for purposes of eligibility for the tax incentive provided in North Dakota Century Code chapter 57-51.1 shall submit to the director an application for certification of a…

Upon the filing of an application for certification of a qualifying tertiary recovery project, the commission shall promptly set a date for hearing. In determining whether a tertiary recovery project shall be certified as a "qualifying tertiary recovery project", the commission s…

1. a. In a unit where there has not been a secondary recovery project, the commission will establish a primary production decline curve. In such instance, incremental production is the production above the established primary production decline curve which production is a result …

1. a. In a unit where there has not been a secondary recovery project and a tertiary project is commenced, the commission will establish a primary production decline curve. In such instance, incremental production is the production above the established primary production decline…

Any unit operator desiring to certify a secondary recovery project shall make and keep appropriate books and 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 reports required by thi…

The terms used throughout this chapter have the same meaning as in chapter 43-02-03 and North Dakota Century Code chapter 38-08 except shallow gas and shallow gas zone are defined under North Dakota Century Code chapter 57-51. History: Effective July 1, 1996; amended effective Ju…

two-year inactive well for taxable events occurring through December 31, 2015. Repealed effective April 1, 2018.

Any operator desiring to certify a shallow gas well for purposes of eligibility for the tax incentive provided in North Dakota Century Code chapter 57-51 shall submit to the director an application for certification of the well. The operator has the burden of establishing entitle…

Repealed effective July 1, 2002.

Repealed effective April 1, 2018.

Repealed effective April 1, 2018. 1

Repealed effective April 1, 2018.

Any operator desiring to certify a shallow gas well shall make and keep appropriate books and 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 reports required by this chapter. Hist…

The application must include the following: 1. The name and address of the applicant and the name and address of the person operating the well if different. 2. The name and number of the well and the legal description of the surface location of the well for which a determination …

The terms used in this chapter have the same meaning as in North Dakota Century Code chapter 38-08.1 except: 1. "Building" means any residence or commercial structure including a barn, stable, or other similar structure. 2. "Director" means the director of oil and gas of the indu…

This chapter contains general rules of statewide application which have been adopted by the industrial commission to govern geophysical exploration in North Dakota. Special rules, regulations, and orders have been and will be issued when required and shall prevail as against gene…

Any person desiring to engage in geophysical exploration within this state, including a contractor and subcontractor, shall obtain from the secretary of state a certificate of authority to transact business in this state. A copy of this certificate must be filed with the commissi…

1. To satisfy the obligation that a geophysical exploration contractor desiring to engage in geophysical exploration shall file with the commission a good and sufficient surety bond, the contractor, in lieu of a surety bond, may post cash or a certificate of deposit with the Bank…

1. Any person applying to the commission for an exploration permit must have a certificate to conduct geophysical exploration pursuant to subsection 3 of North Dakota Century Code section 38-08.1-03.1. A person may not commence geophysical exploration activities in this state wit…

Seismic shot hole operations may not be conducted less than six hundred sixty feet [201.17 meters] from water wells, buildings, underground cisterns, pipelines, and flowing springs. Nonexplosive exploration methods may not be conducted less than three hundred feet [91.44 meters] …

The director may require progress reports prior to the completion of a project. Within thirty days following the completion of geophysical exploration by any person within this state, such person shall file with the commission a seismic completion report in the form of an affidav…

1. Prior to commencement of any drilling or plugging operations, the director may require a field meeting with the geophysical contractor and subcontractors. 2. Except in those circumstances in which the director allows otherwise, all seismic shot holes must be plugged the same d…

All geophysical, drilling, and plugging contractors shall make and keep appropriate books and 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 reports required by this chapter. Hist…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapters 38-23 and 38-08 except: 1. "Active institutional controls" are the means used to control access to an open or closed high-level radioactive waste disposal site by anything other …

This chapter contains general rules of statewide application which have been adopted by the industrial commission to regulate the exploration, testing, placement, storage, and disposal of high-level radioactive waste to provide for operation in a manner as to protect the citizens…

development, and storage or disposal of high-level radioactive wastes. 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 high-level radioactive waste. However, it sha…

All operators, contractors, drillers, carriers, service companies, and all other persons at all times shall conduct their operations in the drilling, plugging, storage, disposal, and site reclamation of high-level radioactive waste in a manner that will prevent waste and prevent …

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 from time to time may enter arrangements with state and federal government agencies, industry committees, and individuals with respect to special projects, services, and studies relating to high-level radioactive waste disposal. History: Effective October 1, 2020. …

Every person acting as principal or agent for another or independently engaged in the exploration, drilling, testing, placement, storage, and disposal of high-level radioactive waste or retains ownership of equipment used for high-level radioactive waste storage or disposal or re…

By special order of the commission, periodic surveys may be made of both the rock containing high-level radioactive waste and the rocks above and below it. These surveys must be thorough and complete and must be made using methods approved by the director. The condition of the ro…

The commission, director, and their representatives shall have access to all exploration test well, storage and disposal well, and high-level radioactive waste facility records wherever located. All owners, operators, drilling contractors, drillers, service companies, or other pe…

Before any person receives a permit to drill a test well or perform a test that causes surface disturbance while exploring for a high-level radioactive waste disposal site, the person shall submit to the commission and obtain its approval of a surety bond or cash bond. An alterna…

Before any person receives a permit to construct a high-level radioactive waste facility, the person 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 …

A permit is required prior to commencement of operations for the drilling, boring, excavating, testing, and either land-based or airborne geophysical surveying for the purpose of exploring for a high-level radioactive waste facility. It is unlawful to proceed with these activitie…

A facility permit application is required prior to commencement of operations to create or construct a high-level radioactive waste facility. The application for a high-level radioactive waste facility permit must be filed with the director, together with a permit fee. The amount…

Prior to a person submitting either an exploration permit or a facility permit, the person shall confirm the size, scope, and location of the project conforms to the county zoning regulations. History: Effective October 1, 2020. General Authority: NDCC 38-23-09 Law Implemented: N…

A permit may be issued only after notice and hearing and the notice must follow Rule 4 of the North Dakota Rules of Civil Procedure. The permit applicant must follow the notification and publication requirements in North Dakota Century Code section 38-23-04. History: Effective Oc…

The commission may take up to six months to review and approve or deny an exploration permit. During that time, the commission shall review the exploration permit, bring the exploration permit application before the advisory council, and hold a hearing on the exploration permit a…

The notice of disapproval to be issued to Congress within the time period mandated by the federal Nuclear Waste Policy Act. The notice of disapproval to be accompanied by a statement of reasons explaining why the commission disapproved of the recommended repository site. History:…

Any high-level radioactive waste facility shall comply with all applicable federal regulations including those of the nuclear regulatory commission, Title 10, Code of Federal Regulations, and the environmental protection agency, 40 Code of Federal Regulations, Part 191. History: …

In the construction of a well site, access road, and all associated facilities, the topsoil must be removed, stockpiled, and stabilized or otherwise reserved for use when the area is reclaimed. "Topsoil" means the suitable plant growth material on the surface; however, in no even…

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. 8 2. Cores, except those portions used for necessary testing or analysis, in which case the results o…

Monthly reports on well activities, including drilling, completion, waste insertion, and plugging must be submitted to the state geologist. The amount of high-level radioactive waste in temporary storage, long-term storage, or has been disposed also must be reported on a monthly …

The amount of the annual operating fee, pursuant to North Dakota Century Code section 38-23-03, is due on January fifteenth. The one million dollar minimum fee threshold to be adjusted to reflect any increase in the consumer price index published by the United States department o…

The plugging and reclamation of exploration test wells must comply with all applicable rules in chapter 43-02-03, including plugging and site reclamation. The commission may require the well bore to be filled with concrete or another approved plugging material from the base of th…

The plugging and reclamation of high-level radioactive waste facilities must comply with all applicable rules in chapter 43-02-03. Well bore must be filled with concrete or another plugging material approved by the commission from the top of the waste to the ground surface. All b…

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 …