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 43-05-01-10 - Injection well permit

Universal Citation: ND Admin Code ยง 43-05-01-10

Current through Supplement No. 392, April, 2024

1. Upon review and approval of the application to drill, deepen, convert, reenter, or operate an injection well, submitted in accordance with section 43-05-01-09, the commission shall issue permits to drill and operate.

2. A permit shall expire twelve months from the date of issue if the permitted well has not been drilled, deepened, reentered, operated, or converted.

3. Injection well permits must be issued for the operating life of the storage facility and the closure period.

4. The commission shall review each issued injection well permit at least once every five years to determine whether it should be modified, revoked, or a minor modification made.

5. On a case-by-case basis when required by the commission, the storage operator shall submit a schedule of compliance leading to full compliance with all provisions of this chapter and North Dakota Century Code chapter 38-22.

a. Any schedules of compliance shall require compliance as soon as possible, and in no case later than three years after the effective date of the permit.

b. If the schedule of compliance is for a duration of more than one year from the date of permit issuance, then interim requirements and completion dates (not to exceed one year) must be incorporated into the compliance schedule and permit.

c. No later than thirty days following each interim and final date, the storage operator shall submit progress reports to the commission.

6. For the purposes of enforcement, compliance with an injection well permit during its term means compliance with this chapter and North Dakota Century Code chapter 38-22. However, a permit may be modified, revoked, or terminated during its term pursuant to section 43-05-01-12.

7. The issuance of an injection well permit does not convey any property rights of any sort or any exclusive privilege.

8. The issuance of an injection well permit does not authorize any injury to persons or property or invasion of other private rights or any infringement of state or local law or regulations.

9. Injection is prohibited until construction is complete, and

a. The storage operator has submitted notice of completion of construction to the commission;

b. The commission has issued an approved permit to operate an injection well; and

c.The commission has inspected or otherwise reviewed the injection well and finds it is in compliance with the conditions of the permit; or

d. The storage operator has not received notice from the commission of its intent to inspect the injection well within fourteen days of the date of the notice in subdivision a, in which case prior inspection or review is waived and the storage operator may commence permitted injection. The commission shall include in the notice a reasonable time period in which it shall inspect the well.

10. The permit shall establish any maximum injection volumes and pressures necessary to assure that fractures are not initiated in the confining zone, that injected fluids do not migrate into any underground source of drinking water, that formation fluids are not displaced into any underground source of drinking water, and to assure compliance with section 43-05-01-11.3.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 38-22

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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