Title 38, Mining and Gas and Oil Production

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…

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…

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…

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…

The commission may use hearing examiners under such rules as the commission may adopt.

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, …

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…

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…

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.

The interstate mining compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE I - FINDINGS AND PURPOSES 1. The party states find that: a. Mining and the contributions thereof to the eco…

In accordance with subsection 9 of article V of the compact, the interstate mining compact commission shall file copies of its bylaws and any amendments thereto with the governor and public service commission.

There is created a geophysical, geothermal, subsurface minerals, and coal exploration fund. The following must be deposited into the fund: 1. Fees collected under sections 38-08.1-04, 38-12-03, 38-12.1-05, and 38-19-04. 2. Money received from the forfeiture of bonds or other secu…

Money in the fund may be used to pay costs and expenses incurred by the industrial commission to satisfy unfulfilled obligations imposed on persons regulated under chapters 38-08.1, 38-12, 38-12.1, and 38-19. To cure such obligations, the commission may enter contracts consistent…

All money collected under section 38-21-01 must be deposited in the fund established by that section. The fund must be maintained as a special fund and all money transferred into the fund is appropriated and must be used and disbursed solely for the purposes described in section …

It is in the public interest to promote the geologic storage of carbon dioxide. Doing so will benefit the state and the global environment by reducing greenhouse gas emissions. Doing so will help ensure the viability of the state's coal and power industries, to the economic benef…

As used in this chapter, unless the context requires otherwise: 1. "Carbon dioxide" means carbon dioxide produced by anthropogenic sources which is of such purity and quality that it will not compromise the safety of geologic storage and will not compromise those properties of a …

The commission has authority: 1. Over all persons and property necessary to administer and enforce this chapter and its objectives. 2. To regulate activities relating to a storage facility, including construction, operation, and closure. 3. To enter, at a reasonable time and mann…

Geologic storage is allowed if permitted by the commission. A permit may be transferred if the commission consents.

1. A person applying for a permit shall: a. Comply with application requirements set by the commission. b. Pay a fee in an amount set by the commission. The amount of the fee must be set by rule and must be based on the commission's anticipated cost of processing the application.…

1. The commission shall hold a public hearing before issuing a permit. 2. Notice of the hearing must be published for two consecutive weeks in the official newspaper of the county or counties where the storage reservoir is proposed to be located and in any other newspaper the com…

Before issuing a permit, the commission shall consult the department of environmental quality.

Before issuing a permit, the commission shall find: 1. That the storage operator has complied with all requirements set by the commission. 2. That the storage facility is suitable and feasible for carbon dioxide injection and storage. 3. That the carbon dioxide to be stored is of…

The commission may include in a permit or order all things necessary to carry out this chapter's objectives and to protect and adjust the respective rights and obligations of persons affected by geologic storage.

If a storage operator does not obtain the consent of all persons who own the storage reservoir's pore space, the commission may require that the pore space owned by nonconsenting owners be included in a storage facility and subject to geologic storage.

When the commission issues a permit it shall also issue a certificate stating that the permit has been issued, describing the area covered, and containing other information the commission deems appropriate. The commission shall file a copy of the certificate with the county recor…

1. The commission shall take action to ensure that a storage facility does not cause pollution or create a nuisance. For the purposes of this provision and in applying other laws, carbon dioxide stored, and which remains in storage under a commission permit, is not a pollutant no…

Nothing in this chapter nor the issuing of a permit: 1. Prejudices the rights of property owners within a storage facility to exercise rights that have not been committed to a storage facility. 2. Prevents a mineral owner or mineral lessee from drilling through or near a storage …

1. Storage operators shall pay the commission a fee on each ton of carbon dioxide injected for storage. The fee must be in the amount set by commission rule. The amount must be based on the contribution of the storage facility and the source of the carbon dioxide to the energy an…

1. Storage operators shall pay the commission a fee on each ton of carbon dioxide injected for storage. The fee must be in the amount set by commission rule. The amount must be based on the contribution of the storage facility and the source of the carbon dioxide to the energy an…

The storage operator has title to the carbon dioxide injected into and stored in a storage reservoir and holds title until the commission issues a certificate of project completion. While the storage operator holds title, the operator is liable for any damage the carbon dioxide m…

1. After carbon dioxide injections into a reservoir end and upon application by the storage operator, the commission shall consider issuing a certificate of project completion. 2. The certificate may only be issued after public notice and hearing. The commission shall establish n…

1. A person who violates a provision of this chapter or a commission rule or order under this chapter is subject to a civil penalty imposed by the commission or a court not to exceed twelve thousand five hundred dollars for each offense, and each day's violation is a separate off…

1. 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 38-08. 2. The commission may allow an enhanced oil or gas recovery projec…

1. The commission may enter into agreements with other governments, government entities, and state agencies for the purpose of carrying out this chapter's objectives. 2. The commission may enter into contracts with private persons to assist it in carrying out this chapter's objec…

Cooperative operation of a storage facility permitted by the commission does not violate North Dakota statutes relating to trusts, monopolies, or restraint of trade.

The entity or official controlling state interests or the interests of political subdivisions is authorized to consent to and participate in a geologic storage project.

1. The commission, under procedures and criteria it may adopt, shall determine the amount of injected carbon dioxide stored in a reservoir that has been or is being used for an enhanced oil or gas recovery project. The commission may also make such a determination for carbon diox…

The placement, storage, exploration, testing, or disposal of high-level radioactive waste within the exterior boundaries of North Dakota is prohibited. If this provision is superseded by federal law, the remaining provisions of this chapter continue to apply. This section does no…

As used in this chapter: 1. "Commission" means the industrial commission. 2. "High-level radioactive waste" means: a. Highly radioactive material resulting from the reprocessing of spent nuclear fuel, and other highly radioactive material, containing fission products in sufficien…

1. The commission has jurisdiction and authority over any person or property, public or private, necessary to enforce this chapter. The commission may investigate and determine whether facts exist justifying action by the commission. The state geologist shall act as a supervisor …

1. A person may not commence any actions for testing, exploring, excavating, drilling, boring, or operating a high-level radioactive waste facility without obtaining a permit from the commission. 2. A notice of opportunity for a position paper from the commissioners of the county…

The administrative procedure involved in adopting rules or the issuance of orders by the commission under this chapter must be in accordance with chapter 38-08. If the commission determines an emergency exists which requires the making, revoking, changing, amending, modifying, al…

Sections 38-08-16 and 38-08-17 are applicable to the provisions of this chapter and to the rules and orders of the commission adopted or issued under this chapter.

There is established a high-level radioactive waste fund into which funds received under an agreement entered under this chapter, permit fees, and civil penalties must be deposited. The commission shall administer the fund and may use the fund to fulfill any of the commission's p…

1. The high-level radioactive waste advisory council is established to advise the commission in carrying out its duties. The council consists of the director of the department of water resources, state health officer, director of the department of transportation, director of the …

A county zoning regulation may not prohibit a high-level radioactive waste disposal exploratory drilling permit or a high-level radioactive waste facility permitted by the commission, but may regulate the size, scope, and location.