Section 33.1-25-01-11 - Technical requirements1. Construction requirements. a.(1) Existing wells shall achieve compliance with construction requirements prior to permitting or according to a compliance schedule established as a permit condition.(2) New injection wells shall submit plans for testing, drilling, and construction as part of the permit application.(3) New injection wells shall be in compliance with construction requirements prior to commencing injection operations.(4) Changes in construction plans require approval of the director.b. Class I well construction shall conform to the requirements contained under title 40 CFR part 146, section 146.12 (nonhazardous waste injection wells) or title 40 CFR part 146, section 146.65 (hazardous waste injection wells).2. Corrective action. a. Applicants for class I nonhazardous waste injection well permits shall identify all known wells which penetrate the injection zone within the area of review.b. Applicants for class I hazardous waste injection well permits are subject to the corrective action requirements of title 40 CFR part 146, section 146.64 and shall as part of the permit application submit a plan to the director outlining the protocol used to: (1) Identify all wells penetrating the confining zone or injection zone within the area of review; and(2) Determine whether wells are adequately completed or plugged.c. All class I injection wells are subject to the following: (1) For wells in the area of review which are improperly sealed, completed, or abandoned, or for which plugging or completion information is unavailable, the applicant shall also submit a corrective action plan consisting of such steps or modifications as are necessary to prevent movement of fluid into an underground source of drinking water.(2) The director's review of the corrective action plan shall consider all of the following criteria and factors: (a) Toxicity and volume of the injected fluid.(b) Toxicity of native fluids or byproducts of injection.(c) Potentially affected population.(f) History of the injection operation.(g) Completion and plugging records.(h) Abandonment procedures in effect at the time the well was abandoned.(i) Hydraulic connections with an underground source of drinking water.(j) Reliability of the procedures used to identify abandoned wells.(k) Any other factors which might affect the movement of fluids into or between underground sources of drinking water.(3) Where the corrective action plan is adequate, the director shall incorporate the plan into the permit as a condition.(4) Where the corrective action plan is inadequate, the director shall: (a) Require the applicant to revise the plan;(b) Prescribe a corrective action plan as a permit condition; or(5) Permits for existing injection wells that require corrective action shall include a compliance schedule requiring corrective action as soon as possible.(6) New injection wells may not be permitted until all required corrective action has been taken.(7) The director may require as a permit condition that injection pressure be so limited that pressure in the injection zone does not exceed hydrostatic pressure at the site of an improperly completed or abandoned well within the area of review. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such injection pressure limitation can be part of a compliance schedule and last until all other required corrective action has been taken.3. All class I hazardous waste injection wells must be sited in accordance with title 40 CFR part 146, section 146.62.4. Operating, monitoring, and reporting requirements for class I wells shall at a minimum include the items contained under title 40 CFR part 146, section 146.13 (for nonhazardous waste injection wells) or title 40 CFR part 146, sections 146.67, 146.68, and 146.69 (for hazardous waste injection wells).5. In authorizing a new class I well, the director shall require the submission of all the information specified under title 40 CFR parts 144 and 146, sections 144.31 and 146.14 (for nonhazardous waste injection wells) or title 40 CFR parts 144 and 146, sections 144.31, 146.70(a), 146.71(a), and 146.72(a) (for hazardous waste injection wells).6. Prior to granting approval for the operation of a class I well, the operator shall submit for review by the director information listed under title 40 CFR part 146, section 146.14(b) (for nonhazardous waste injection wells) or title 40 CFR part 146, sections 146.66 and 146.70(b) (for hazardous waste injection wells).N.D. Admin Code 33.1-25-01-11
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