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 43-02-14-19 - Modification, revocation, and reissuance or termination of permits
Current through Supplement No. 392, April, 2024
1. Permits are subject to review by the commission. Any interested person (i.e., the storage operator, local governments having jurisdiction over land within the area of review, and any person who has suffered or will suffer actual injury or economic damage) may request that the commission review permits issued under this chapter for one of the reasons set forth below. All requests must be in writing and must contain facts or reasons supporting the request. If the commission determines that the request may have merit or at the commission's initiative for one or more of the reasons set forth below, the commission may schedule a hearing to review the permit and thereafter issue an order modifying or revoking the permit. Permits, after notice and hearing, may be modified or revoked and reissued when the commission determines one of the following events has occurred:
2. If the commission tentatively decides to modify or revoke and reissue a permit, the commission shall incorporate the proposed changes to the original permit. The commission may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of a revoked and reissued permit, the commission shall require the submission of a new permit application.
3. In a permit modification under this section, only those conditions to be modified may be reopened when a revised permit is prepared. All other aspects of the existing permit remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding, the storage operator shall comply with all conditions of the existing permit until a new final permit is reissued.
4. Suitability of the storage facility location may not be considered at the time of a permit modification or revocation unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.
5. The following are causes for terminating an injection well permit during its term:
6. If the commission tentatively decides to terminate a permit, the commission shall issue notice of intent to terminate.
General Authority: NDCC 38-08-04
Law Implemented: NDCC 38-25