Title 38 — Mining and Gas and Oil Production
35 chapters · 312 sections in this title.
N.D.C.C. § 38-24-01 Definitions
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As used in this chapter: 1. "Commission" means the industrial commission. 2. "Nonhydrocarbons" include compressed air, nitrogen, and other gases and liquids not otherwise regulated by title 38. 3. "Underground storage and retrieval facility" means a drilled, bored, or excavated d…
N.D.C.C. § 38-24-02 Jurisdiction of the commission and duties
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The commission has jurisdiction and authority over any person or property, public or private, necessary to enforce this chapter. The commission acting through the office of the state geologist may: 1. Require: a. Identification of ownership of all facilities and equipment used fo…
N.D.C.C. § 38-24-03 Permit required
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A person may not commence operations for the testing, exploration, excavating, drilling, boring, or construction of an underground storage and retrieval facility or the conversion of an existing facility for use in an activity regulated by this chapter, without obtaining a permit…
N.D.C.C. § 38-24-04 Denial of permit - Review
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1. Following a hearing, the commission may deny an application if the commission determines the facility or activity poses a threat to ground or surface waters or the environment. A person denied a permit may appeal the denial in accordance with chapter 28-32. 2. All fees collect…
N.D.C.C. § 38-24-05 Action to restrain violation or threatened violation
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The commission may bring action against a person violating or threatening to violate a provision of this chapter, or a rule, regulation, or order of the commission. The action must commence in the district court of the county where the violation occurred or is threatened. Without…
N.D.C.C. § 38-24-06 Penalties
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1. A person that violates this chapter, or a rule, regulation, or order of the commission adopted under this chapter is subject to a civil penalty of not more than twelve thousand five hundred dollars for each violation and for each day the violation occurred. 2. It is a class C …
N.D.C.C. § 38-24-07 Administrative procedure and judicial review
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A proceeding under this chapter for the issuance or modification of rules, including emergency orders relating to underground storage and retrieval and determining compliance with rules of the commission, must be conducted in accordance with chapter 28-32. If the commission deter…