North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-05 - Geologic Storage of Carbon Dioxide
Chapter 43-05-01 - Geologic Storage of Carbon Dioxide
Section 43-05-01-02.2 - Injection into underground source of drinking water prohibited

Underground injection of carbon dioxide for geologic storage that causes or allows movement of fluid into an underground source of drinking water is prohibited, unless the underground source of drinking water is an exempted aquifer under section 43-02-05-03.

No storage operator shall construct, operate, maintain, convert, plug, abandon, or conduct any injection activity in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water, if the presence of that contaminant may endanger underground sources of drinking water or may adversely affect the health of persons. The applicant must show that the objectives of this section are fulfilled.

Notwithstanding any other provision of this section, the commission may take emergency action upon receipt of information that a contaminant which is present in or likely to enter a public water system or underground source of drinking water may present an imminent and substantial endangerment to the health of persons.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 38-22