Title 38 — Mining and Gas and Oil Production
35 chapters · 312 sections in this title.
N.D.C.C. § 38-19-01 Declaration of policy
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It is hereby declared to be in the public interest to encourage, and promote the proper use of geothermal resources in a manner which will prevent waste; to authorize and provide for the operation of geothermal resource extraction facilities in such manner as will achieve the opt…
N.D.C.C. § 38-19-02 Definitions
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As used in this chapter: 1. "Commission" means the industrial commission of North Dakota. 2. "Geothermal energy" means the internal energy of the earth, available to man as heat from rocks or liquids. 3. "Geothermal energy extraction facility" means and includes any drilled, bore…
N.D.C.C. § 38-19-03 Jurisdiction of the commission
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The commission has jurisdiction and authority and is charged with the responsibility to enforce the provisions of this chapter. This chapter does not apply to any activity regulated under chapters 38-08, 38-12, 38-12.1, 38-14.1, and 61-28. The jurisdiction granted to the commissi…
N.D.C.C. § 38-19-04 Permit and report required
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It is unlawful to commence any operations for the drilling, boring, excavating, or construction of a geothermal energy extraction facility without first securing a permit from the director of mineral resources, under such rules as may be adopted by the commission and after paying…
N.D.C.C. § 38-19-05 Commission may employ examiners
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The commission may use hearing examiners under such rules as the commission may adopt.
N.D.C.C. § 38-19-06 Action to restrain violation or threatened violation
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Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any rule or order of the commission, the commission may bring action against that person, in the district court of the county where the violation occurs or is threatened, …
N.D.C.C. § 38-19-07 Penalties
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1. Any person who violates any provision of this chapter, or any rule or order of the commission adopted or issued under this chapter, is subject to a civil penalty of not more than twelve thousand five hundred dollars for each act of violation and for each day the violation cont…
N.D.C.C. § 38-19-08 Administrative procedure and judicial review
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Any proceedings under this chapter for the adoption or modification of rules or orders, including emergency orders relating to extraction of geothermal energy and determining compliance with rules of the commission, must be conducted in accordance with sections 38-08-11, 38-08-12…
N.D.C.C. § 38-19-09 Disposition of unusable products
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Products for which there is no beneficial use and which the commission determines to be hazardous must be disposed of in accordance with the provisions of chapter 38-23 and other state laws and regulations regarding the management of hazardous waste.