North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-02.2 - In Situ Leach Mining Rules
Section 43-02-02.2-52 - Excursions - Controlled

1. An excursion is controlled if it can be demonstrated through water quality and ground water gradients or, if applicable, pressure measurements, that recovery fluid in unauthorized areas is declining.

2. If the excursion is controlled, but the control parameters have not been restored to values consistent with local baseline water quality within sixty days following confirmation of the excursion, the operator shall submit, within ninety days following confirmation of the excursion, a plan, for approval by the department, to bring the well or wells off excursion. The plan can be submitted as part of the remedial action report required every two weeks in section 43-02-02.2-51.

3. Cleanup is considered accomplished if the water quality in the affected monitoring wells has been restored to values consistent with local baseline water quality and the restoration is confirmed by three consecutive weekly samples. The department may determine that cleanup is not necessary if the operator demonstrates that the change in water quality is not due to the presence of recovery fluids.