North Dakota Administrative Code

Any project proposing research, development, or marketing of lignite or products derived from lignite, or a land reclamation research project is eligible for a contract under this program. The following are examples of eligible topics: 1. Eligible lignite research projects includ…

Grants may be of any amount within the limits of legislative appropriation. History: Effective February 1, 1988; amended effective March 1, 1992. General Authority: NDCC 57-61-01.5 Law Implemented: NDCC 54-17.5-04, 57-61-01.5

A grant may not exceed fifty percent of the total project cost. Documentation demonstrating the matching funds, including letters of commitment from other funding sources, must be submitted to the commission within sixty days of the approval of an application by the commission, o…

An application must be direct, concise, and informative. It must be accompanied with the application fee set forth in section 43-03-04-03. It must be typed and double spaced on eight and one-half-inch by eleven-inch [21.59-centimeter by 27.94-centimeter] paper. Thirty-five copies…

Applications for the first review and award process in each fiscal year must be postmarked on or before October first, and applications for the second review and award process in each fiscal year must be postmarked on or before April first. In addition to these two grant rounds, …

All applications must be accompanied by a one hundred dollar nonrefundable application fee. Checks or money orders should be made payable to the "State of North Dakota". History: Effective February 1, 1988. General Authority: NDCC 57-61-01.5 2 Law Implemented: NDCC 54-17.5-04, 57…

Superseded by subsection 15 of section 43-03-04-01, effective March 1, 1992. 3

All applications will be evaluated according to the criteria set forth in North Dakota Century Code chapter 54-17.5, and the criteria established by the commission as stated in this section. 1. General criteria. Priority areas of the program include, but are not limited to, marke…

Upon receipt of an application, the commission will determine if the application meets eligibility requirements and is complete. The commission shall complete this review within thirty days of the application deadline date, though the commission may extend this time if needed to …

1. Composition. Members of a technical review committee are selected by the commission. Committee members should possess the expertise and experience necessary to adequately review the application. 2. Conflict of interest. No individual with a direct financial interest in a propo…

The council shall consider, but is not bound by, a recommendation of the technical review committee. The council shall make a recommendation on each application to the commission. The council shall make its recommendation to the commission within thirty days of its receipt of the…

A grantee must enter into a contract with the commission and submit any supporting documentation required by the commission. The application will form an integral part of the contract. The commission shall provide a proposed contract to grantees within sixty days of commission ap…

Funds will be disbursed only after a contract has been executed. All disbursements will be made according tothe schedule in the contract. Disbursements may be withheld if the commission deems the grantee has not complied with these rules or the contract. History: Effective Februa…

The project must be completed within the time specified in the contract. If the project cannot be completed within the time specified in the contract, the grantee may make a written request to the commission for an extension of up to one year. The request must set forth the speci…

If the work under a contract extends beyond the state's fiscal biennium in which the contract is made, any further disbursements of the grant by the commission to the grantee cannot be guaranteed and will be made only if sufficient funds are appropriated in the new biennium to sa…

If the commission grant is less than the amount requested, the applicant may decline the award or proceed with the project as proposed, notwithstanding the reduced award. Failure of a grantee to proceed with the project in a timely manner or comply with contract terms or these ru…

If at any time after entering a contract the grantee desires to change any term of the contract, the grantee shall make a written request to the commission. The request must set forth the specific change desired and the reasons why the change is needed. Upon receipt of the reques…

A grantee has the following reporting obligations: 1. Interim reports. A grantee shall submit to the commission reports summarizing the project's accomplishments and expenditures to date. The timing of the reports will be specified in the contract. 2. Special reports. If substant…

Rights to technical data, including software developed under the terms of a grant, shall remain with the grantee. History: Effective February 1, 1988; amended effective October 1, 1990; March 1, 1992. General Authority: NDCC 57-61-01.5 Law Implemented: NDCC 54-17.5-04, 57-61-01.5…

The grantee may copyright and publish material developed with commission funding. The state of North Dakota and its consultants, independent contractors, and suppliers, to the extent such are providing services to the state, shall have an irrevocable royalty-free right to practic…

Applicants may retain the principal worldwide patent rights to any invention made with financial support under this program, except the patent holder agrees directly, or through licensing of patents, to assure that any manufacturing thereof shall substantially occur in North Dako…

1. "Large scale excavation permit" is a permit issued by the state geologist that allows large scale excavation or quarrying of paleontological resources (excavations that disturb a surface area of more than eighteen square feet [1.67 square meters] of material). 2. "Minimum exca…

Permits will be issued only to applicants who can demonstrate that they are qualified and have experience in conducting those activities. The general standards for a qualified applicant will be determined by the state geologist. History: Effective October 1, 1990. General Authori…

Anyone wishing to collect paleontological resources on lands owned by the state or any of its political subdivisions must obtain a paleontological collecting permit. Whether or not a permit is required, the state geologist shall be contacted prior to paleontological mapping or co…

Requirements for permitholders are to be determined by the state geologist and must include, but not be limited to, the following: 1. Permits will be effective until December thirty-first of the year in which they are issued. 2. Permits will generally be issued for paleontologica…

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: 1 1. "Abandoned well" means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used f…

This chapter governs the geologic storage of carbon dioxide. This chapter does not apply to applications filed with the commission proposing to use carbon dioxide for an enhanced oil or gas recovery project, rather such applications will be processed under chapter 43-02-05. Histo…

In addition to the provisions in this chapter, injection wells utilized for geologic storage are subject to the provisions of chapters 43-02-03 and 43-02-05 when applicable. History: Effective April 1, 2013. General Authority: NDCC 28-32-02 Law Implemented: NDCC 38-22

Underground injection of carbon dioxide for geologic storage that causes or allows movement of fluid into an underground source of drinking water is prohibited, unless the underground source of drinking water is an exempted aquifer under section 43-02-05-03. No storage operator s…

A storage operator injecting carbon dioxide for the primary purpose of geologic sequestration into an oil and gas reservoir shall apply for and obtain storage facility and injection well permits when there is an increased risk to underground sources of drinking water compared to …

exemptions. 1. The commission may identify by narrative description, illustrations, maps, or other means and shall implement these rules to protect as underground sources of drinking water, all aquifers and parts of aquifers that meet the definition of "underground source of drin…

Any underground injection of carbon dioxide for the purpose of geologic storage, except into a well authorized by permit issued under this chapter, is prohibited. The construction of any well required to have a permit is prohibited until the permit authorizing construction of the…

Storage operators seeking to convert an existing well to an injection well for the purpose of geologic storage of carbon dioxide must demonstrate to the commission that the well is constructed in a manner that will ensure the protection of underground sources of drinking water. H…

All owners, operators, drilling contractors, drillers, service companies, or other persons engaged in drilling, completing, operating, or servicing storage facilities shall make and keep appropriate books and records until project completion, covering their operations in North Da…

The industrial commission and the commission's authorized agents shall have access to all storage facility records wherever located. All owners, operators, drilling contractors, drillers, service companies, or other persons engaged in drilling, completing, operating, or servicing…

1. An application for a permit must include the following: a. A site map showing the boundaries of the storage reservoir and the location of all proposed wells, proposed cathodic protection boreholes, and surface facilities within the carbon dioxide storage facility area; b. A te…

1. The storage operator shall prepare, maintain, and comply with a plan to delineate the area of review for a proposed geologic sequestration project, periodically reevaluate the delineation, 11 and perform corrective action that meets the requirements of this section and is acce…

1. Notification. The storage operator and proposed transferee shall notify the commission in writing of any proposed permit transfer. The notice must contain the following: a. The name and address of the person to whom the permit is to be transferred. b. The name of the permit su…

Repealed effective April 1, 2013.

1. Application for a permit under this chapter: a. Any person who is required to have a permit shall complete, sign, and submit a permit application to the commission. b. When the owner and storage operator are different, it is the storage operator's duty to obtain a permit. c. T…

1. Draft permits. a. When a storage facility permit application is complete, the commission shall either prepare a draft permit or deny the application. b. Before preparing the draft permit, the commission shall consult the department of environmental quality. c. The draft permit…

The following conditions apply to all storage facility permits: 1. The storage operator shall comply with all conditions of the permit. Any noncompliance with the permit constitutes a violation and is grounds for enforcement action, including permit termination, revocation, or mo…

1. In addition to conditions required in section 43-05-01-07.3, the commission shall establish conditions, as required on a case-by-case basis. Storage facility permits shall include conditions meeting the requirements of this chapter and such additional conditions as are necessa…

1. The commission shall hold a public hearing before issuing a storage facility permit. At least forty-five days prior to the hearing, the applicant shall give notice of the hearing to the following: a. Each operator of mineral extraction activities within the facility area and w…

1. Following receipt of a storage facility permit, the storage operator shall obtain a permit to drill, deepen, convert, operate, or, upon demonstration of mechanical integrity, reenter a previously plugged and abandoned well for storage purposes. 20 2. Application for permits to…

1. The storage operator shall demonstrate and maintain financial responsibility as determined by the commission that meets the following conditions: a. The qualifying financial responsibility instrument used must be from the following list of qualifying instruments: (1) Trust fun…

1. Upon review and approval of the application to drill, deepen, convert, reenter, or operate an injection well, submitted in accordance with section 43-05-01-09, the commission shall issue permits to drill and operate. 2. A permit shall expire twelve months from the date of issu…

1. The storage operator shall ensure that all injection wells are constructed and completed to prevent movement of the carbon dioxide stream or fluids into underground sources of drinking water or outside the authorized storage reservoir. The injection wells must be constructed a…

1. An injection well has mechanical integrity if: a. There is no significant leak in the casing, tubing, or packer; and b. There is no significant fluid movement into an underground source of drinking water through channels adjacent to the well bore. 2. To evaluate the absence of…

1. During the drilling and construction of an injection well, the storage operator shall run appropriate logs, surveys, and tests to determine or verify the depth, thickness, porosity, permeability, lithology, and salinity of any formation fluids in all relevant geologic formatio…