North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS
Section 43-02-14-05 - Geological storage facility permit hearing
Universal Citation: ND Admin Code ยง 43-02-14-05
Current through Supplement No. 392, April, 2024
1. At least thirty days before the scheduled hearing, the applicant shall give notice of the hearing to persons outlined in North Dakota Century Code 38-25-04.
2. Notice given by the applicant must contain the following:
a. A
legal description of the land within the oil or gas facility area.
b. The date, time, and place the commission
will hold a hearing on the permit application.
c. A statement of purpose of the
application.
d. A statement that a
digital copy (.pdf format) of the permit may be obtained from the
commission.
e. A statement that all
comments regarding the geological storage facility permit application must be
in writing and submitted to the commission by five p.m. on the last business
day before the hearing date or presented at the hearing.
f. Storage in an oil and gas reservoir must
contain:
(1) A statement that amalgamation of
the pore space within the geological storage reservoir is required to operate
the geological storage facility, which requires consent of persons who own at
least fifty-five percent, unless otherwise provided for as outlined in North
Dakota Century Code section 38-25-05, of the pore space, and a statement that
the commission may require the pore space owned by nonconsenting owners to be
included in the geological storage facility.
(2) A statement that unitization of oil and
gas minerals and oil and gas leases within the geological storage reservoir is
required to operate the geological storage facility, which requires consent of
persons who own at least fifty-five percent, unless otherwise provided for as
outlined in North Dakota Century Code section 38-25-05, of the oil and gas
minerals and oil and gas leases, and a statement that the commission may
require the oil and gas minerals and oil and gas leases owned by nonconsenting
owners to be included in the geological storage facility.
g. Storage in a saline reservoir must contain
a statement that amalgamation of the pore space within the geological storage
reservoir is required to operate the geological storage facility, which
requires consent of persons who own at least sixty percent of the pore space,
and a statement that the commission may require the pore space owned by
nonconsenting owners to be included in the geological storage
facility.
h. Storage in a salt
cavern must contain:
(1) A statement that
amalgamation of the pore space within the salt cavern is required to operate
the geological storage facility, which requires consent of persons who own at
least sixty percent of the pore space, and a statement that the commission may
require the pore space owned by nonconsenting owners to be included in the
geological storage facility.
(2) A
statement that unitization of salt minerals and salt leases within the salt
cavern is required to operate the geological storage facility, which requires
consent of persons who own at least fifty-five percent of the salt minerals and
salt leases, and a statement that the commission may require the salt minerals
and salt leases owned by nonconsenting owners to be included in the geological
storage facility.
General Authority: NDCC 38-08-04
Law Implemented: NDCC 38-25
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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