North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-02.4 - Solution Mining
Section 43-02-02.4-41 - Existing facilities - Maintenance

1. The operator of a well shall maintain all existing dikes or firewalls installed before July 1, 2013, and shall keep the containment area free of oil, emulsions, waste products, stored products, tank bottoms, brine, water, vegetation, debris, or any flammable or combustible material.

2. The director may require surface facilities constructed before July 1, 2013, to be upgraded to meet secondary containment requirements of this chapter if the facility is substantially modified or if losses have resulted in pollution.

3. Before any modification of a secondary containment area, other than routine maintenance, the operator of a well shall notify the director in writing. The notification shall include a modified secondary containment plan reflecting the proposed changes. The operator shall receive approval from the director before making the modification. The director shall approve or deny the request within eleven days of receipt of the request. The director may require an inspection of the modified secondary containment area before it is returned to service.