North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-02 - Subsurface Mineral Exploration and Development
Section 43-02-02-21.1 - Notification of fires, leaks, spills, or blowouts

All persons controlling or operating any well, pipeline, receiving tank, storage tank, or production facility into which subsurface minerals or water is produced, received, stored, processed, or through which subsurface minerals or water is injected, piped, or transported, shall verbally notify the director within twenty-four hours after discovery of any fire, leak, spill, blowout, or release of fluid. If any such incident occurs or travels offsite of a facility, the persons, as named above, responsible for proper notification shall within a reasonable time also notify the surface owners upon whose land the incident occurred or traveled. Notification requirements prescribed by this section shall not apply to any leak, spill, or release of fluid that is less than one barrel total volume and remains onsite of a facility. The verbal notification must be followed by a written report within ten days after cleanup of the incident, unless deemed unnecessary by the director. Such report must include the operator and description of the facility, the legal description of the location of the incident, date of occurrence, date of cleanup, amount and type of each fluid involved, amount of each fluid recovered, steps taken to remedy the situation, cause of the accident, and action taken to prevent reoccurrence. The signature, title, and telephone number of the company representative must be included on such report. The persons, as named above, responsible for proper notification, within a reasonable time, also shall provide a copy of the written report to the surface owners upon whose land the incident occurred or traveled.

The commission, however, may impose more stringent spill-reporting requirements if warranted because of proximity to sensitive areas, past spill performance, or careless operating practices as determined by the director.

General Authority: NDCC 38-12-02

Law Implemented: NDCC 38-12-02