North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-02.4 - Solution Mining
Section 43-02-02.4-33 - Secondary containment - General requirements

1. The sidewalls and floor of a secondary containment area shall be constructed of sufficiently impermeable material to provide emergency containment.

2. Dikes or firewalls shall be maintained and the enclosure kept free of waste products, stored products, tank bottoms, brine, water, vegetation, debris, and any flammable or combustible material.

3. Dikes must be of sufficient dimension to contain the total capacity of the largest tank plus one day's fluid production.

4. An operator shall install an automatic surface facility shutdown system designed to prevent liquids from overflowing the secondary containment area. A surface facility shall be exempt from the requirement of an automatic shutdown system if the facility has staff present while operating and is equipped with alarm systems on the storage tank or tanks.

5. All transfer and injection pumps shall have leak containment constructed to prevent the seepage of any liquids moved by the pump or any lubricating oils into the surrounding soils, surface waters, or ground water.

6. Wellheads and flare stacks shall have secondary containment and spill containment areas constructed in a manner to prevent the seepage of waste product, stored product, or brine into the surrounding soils, surface waters, or ground water. Secondary containment at the wellhead shall be constructed in a manner to capture leakage of liquid that may occur. In addition, if the wellhead is equipped with a pump jack utilizing a gasoline or diesel-powered engine, then the engine shall also have secondary containment that is sufficient to prevent the seepage of any machine oils or fuels into the surrounding soils, surface waters, or ground water.

7. An operator shall keep secondary containment areas free of standing liquid. All spills in a secondary containment area shall be pumped up within forty-eight hours of discovering the spill.

8. An operator shall submit to the director a plan for inspections and monitoring of active wells and surface facilities.