N.D. Admin. Code 33.1-25-01-10

Current through Supplement No. 393, July, 2024

Section 33.1-25-01-10 - Conditions applicable to all permits

1. 1. The general conditions contained under title 40 CFR part 144, section 144.51 apply to class I and class V underground injection control permits. All conditions shall be incorporated into the permits, either expressly or by reference.

2. A permittee may not commence injection into a new injection well until:

a. Construction is complete;

b. The permittee has submitted notice to the director that construction is complete; and

c. The director has inspected or reviewed the new injection well and finds it in compliance with the permit, or the permittee has not received notice from the director of intent to inspect within thirteen days of the permittee's completion notice.

3. The director shall impose on a case-by-case basis such additional conditions as are necessary to prevent the migration of fluids into underground sources of drinking water.

4. In addition to conditions required in all permits the director shall establish conditions in permits as required on a case-by-case basis to provide for and assure compliance with all applicable requirements of the Safe Drinking Water Act and of title 40 CFR parts 124, 144, 145, and 146.

5. The permit shall require the permittee to maintain financial responsibility and resources to close, plug, and abandon the underground injection operation in a manner prescribed by the director. The permittee must show evidence of financial responsibility to the director by the submission of surety bond, or other adequate assurance, such as financial statements or other materials acceptable to the director. Operators of class I hazardous waste injection wells must maintain the resources to close, plug, or abandon the well and for postclosure care pursuant to title 40 CFR part 144, subpart F and title 40 CFR part 146, sections 146.71 and 146.72.

6. The permittee shall retain all records concerning the nature and composition of injected fluids until three years after completion of plugging and abandonment of the well.

7. The following information shall be reported within twenty-four hours:

a. Any monitoring or other information which indicates that any contaminant may cause an endangerment to an underground source of drinking water.

b. Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water.

N.D. Admin Code 33.1-25-01-10

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

General Authority: NDCC 23.1-04, 61-28-04, 61-28.1-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04, 61-28-04, 61-28.1-03; S.L. 2017, ch. 199, §§ 19, 69