North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-05 - Underground Injection Control
Section 43-02-05-04 - Permit requirements

Universal Citation: ND Admin Code ยง 43-02-05-04

Current through Supplement No. 392, April, 2024

1. No underground injection may be conducted, or site or access road construction commenced, without obtaining a permit from the director after notice and hearing. The application shall be on a form 14 or form provided by the director and shall include at least the following information:

a. The name and address of the operator of the injection well.

b. The surface and bottom hole location.

c. Appropriate geological data on the injection zone and the upper and lower confining zones including geologic names, lithologic descriptions, thicknesses, and depths.

d. The estimated bottom hole fracture pressure of the upper confining zone.

e. Average and maximum daily rate of fluids to be injected.

f. Average and maximum requested surface injection pressure.

g. Geologic name and depth to base of the lowermost underground sources of drinking water which may be affected by the injection.

h. Existing or proposed casing, tubing, and packer data.

i. Existing or proposed cement specifications, including amounts and actual or proposed top of cement.

j. A plat and maps depicting the area of review, (one-quarter-mile [402.34-meter] radius) and detailing the location, well name, and operator of all wells in the area of review. The plat and maps must include all injection wells, producing wells, plugged wells, abandoned wells, drilling wells, dry holes, permitted wells, water wells, surface bodies of water, and other pertinent surface features, such as occupied dwellings and roads.

k. A review of the surficial aquifers within one mile of the proposed injection well site or surface facilities.

l. A tabulation of data on all wells within the area of review that penetrate the proposed injection zone. Such data must include a description of each well's type, construction, date drilled, location, depth, record of plugging and completion, and any additional information the director may require. A detail of any corrective action necessary for any of the wells not properly cemented or plugged to prevent the movement of fluid out of the injection zone must also be included.

m. If faults are known or suspected, a cross section that includes a depiction of the fault at depth.

n. Proposed injection program, including method of transportation of the fluid to the injection facility and the injection well.

o. A tabulation of all freshwater wells and domestic freshwater sources within the area of review. Each freshwater well and domestic freshwater source must be identified by owner, location by quarter-quarter, section, township, and range, type of well or source, depth, and current status. A quantitative analysis from a state-certified laboratory of freshwater from the two nearest freshwater wells within a one-mile [1.61-kilometer] radius must be submitted. This requirement may be waived by the director in certain instances.

p. Quantitative analysis from a state-certified laboratory of a representative sample of water to be injected. A compatibility analysis with the receiving formation may also be required.

q. List identifying all source wells or sources of injectate.

r. A legal description of the land ownership within the area of review in both tabular and plat form.

s. An affidavit of mailing, and proof of service, certifying that all landowners within the area of review have been notified of the proposed injection well. A copy of the letter sent to each landowner must be attached to the affidavit.

If the proposed injection well is within an area permit authorized by a commission order, the notice shall inform the landowners within the area of review that comments or objections may be submitted to the commission within thirty days and must include a contact person and phone number for the applicant and a contact person and phone number for the commission.

If the proposed injection well is not within an area permit authorized by a commission order, the notice shall inform the landowners within the area of review that a hearing will be held at which comments or objections may be directed to the commission, and written comments or objections to the application may be submitted prior to the hearing date, received by the commission no later than five p.m. on the last business day prior to the hearing date.

t. An affidavit of mailing, and proof of service, certifying that all owners or operators of any usable oil and gas exploration and production well or permit within the area of review have been notified of the proposed injection well. A copy of the letter sent to each owner or operator must be attached to the affidavit.

If the proposed injection well is within an area permit authorized by a commission order, the notice must include the proposed surface and bottom hole locations of the proposed injection well and inform the owner or operator of any oil and gas exploration- and production-related well within the area of review that comments or objections may be submitted to the commission within thirty days and must include a contact person and phone number for the applicant and a contact person and phone number for the commission.

If the proposed injection well is not within an area permit authorized by a commission order, the notice must include the proposed surface and bottom hole locations of the proposed injection well and inform the owner or operator of any oil and gas production-related well within the area of review that a hearing will be held at which comments or objections may be directed to the commission, and that written comments or objections to the application may be submitted prior to the hearing date, received by the commission no later than five p.m. on the last business day prior to the hearing date.

u. All logging and testing data on the well which has not been previously submitted.

v. Schematic or other appropriate drawings and tabulations of the wellhead and surface facilities, including the size, location, construction, and purpose of all tanks, the height and location of all dikes and containment, including a calculated containment volume, all areas underlain by a synthetic liner, and the location of all flow lines and a tabulation of any pressurized flow line specifications. It must also include the proposed road access to the nearest existing public road and the authority to build such access.

w. A schematic drawing of the well detailing the proposed well bore construction, including the size of the borehole; the total depth and plug back depth; the casings and tubing sizes, weights, grades, and top and bottom depths; the perforated interval top and bottom depths; the packer depth; the injection zone and upper and lower confining zones' top and bottom depths.

x. Traffic flow diagram of the site, depicting sufficient area to contain all anticipated traffic.

y. A detailed drilling prognosis, including a drilling, casing, cementing, logging, testing, and coring program, if applicable.

z. A detailed description of the proposed completion or conversion procedure.

aa. Any additional information necessary to demonstrate that injection into the proposed injection zone will not initiate fractures in the confining zone that could allow fluid movement out of the injection zone.

bb. Any other information required by the director to evaluate the proposed well.

2. Permits may contain such terms and conditions as the director deems necessary.

3. The corrective action plan for any well in the area of review which is not properly cemented or plugged to prevent the movement of fluid out of the injection zone must be incorporated into the permit as a condition if the plan is deemed adequate by the director. If the director deems the plan inadequate, the director shall require the applicant to revise the plan, prescribe a plan for corrective action as part of the permit, or deny the application. Before injection commences in an injection well, the applicant shall complete any needed corrective action on wells penetrating the injection zone in the area of review to the satisfaction of the director.

4. Any permit issued under this section may be revoked by the commission after notice and hearing if the permittee fails to comply with the terms and conditions of the permit or any applicable rule or statute. Any permit issued under this section may be suspended by the director for good cause.

5. Before a permit for underground injection will be issued, the applicant must satisfy the director that the proposed injection well will not endanger any underground source of drinking water.

6. No person shall commence construction of an underground injection well, site, or access road without prior approval of the director.

7. Permits are transferable only with approval of the director.

8. Permits may be modified by the director.

9. All injection wells permitted before November 1, 1982, shall be deemed to have a permit for purposes of this section; however, all such prior permitted wells are subject to all other requirements of this chapter.

10. A permit shall automatically expire one year after the date it was issued, unless operations have commenced to complete the well as an injection well.

11. If the permitted injection zone is plugged and abandoned, the permit shall expire and be of no further force and effect.

General Authority: NDCC 38-08-04(2)

Law Implemented: NDCC 38-08-04(2)

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.
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