North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-02.4 - Solution Mining
Section 43-02-02.4-19 - Surface facilities - Location - Exception to location requirements

Current through Supplement No. 392, April, 2024

1. All surface facilities and flow lines installed shall be constructed so that the materials contained in the facilities do not cause waste. Operation of surface facilities and flow lines shall not begin until the operator has complied with the methods and means to prevent pollution as specified in these rules.

2. Surface facilities may not be located less than five hundred feet from either of the following:

a. Existing recorded freshwater wells and reasonably identifiable freshwater wells utilized for human consumption.

b. Occupied dwellings.

3. Surface facilities may be located closer than five hundred feet from existing recorded freshwater wells and reasonably identifiable freshwater wells utilized for human consumption and occupied dwellings under either of the following conditions:

a. Upon presentation to the director of a written consent signed by the owner or owners of all existing recorded freshwater wells and reasonably identifiable freshwater wells utilized for human consumption and occupied dwellings.

b. After notice and hearing, the commission determines that the proposed surface facility location will prevent waste, protect environmental values, and not compromise public safety.

4. The director shall be notified within twenty-four hours of emergency repairs to existing surface facilities that substantially modify the facility or piping. Details regarding such emergency repairs, including changes in size or location of facility structures or piping, shall be submitted in writing within thirty days of the repair.

General Authority: NDCC 38-12-02

Law Implemented: NDCC 38-12-02

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.