N.D. Admin. Code 43-02-02-15.5
For wells drilled to a strata or formation, including lignite or coal strata or seam, located above the depth of five thousand feet [1524 meters] below the surface, or located more than five thousand feet [1524 meters] below the surface but above the top of the Rierdon formation, a container or reserve pit of sufficient size to contain said material or fluid, and the accumulation of drill cuttings may be utilized to contain solids and fluids used and generated during well drilling and completion operations, providing the pit can be constructed, used, and reclaimed in a manner that will prevent pollution of the land surface and freshwaters. A reserve pit may be allowed by an order of the commission after notice and hearing for wells drilled within a specified field and pool more than five thousand feet [1524 meters] below the surface and below the top of the Rierdon formation provided the proposed well or wells utilize a low sodium content water-based mud system and the reserve pit can be constructed, used, and reclaimed in a manner that will prevent pollution of the land surface and freshwaters. In special circumstances, based on site conditions, the director or authorized representative may prohibit construction of a reserve pit or may impose more stringent pit construction and reclamation requirements, including reserve pits previously authorized by a commission order within a specified field or pool. Under no circumstances shall reserve pits be used for disposal, dumping, or storage of fluids, wastes, and debris other than drill cuttings and fluids used or recovered while drilling and completing the well.
Reserved pits shall not be located in, or hazardously near, bodies of water, nor shall they block natural drainages. No reserve pit shall be wholly or partially constructed in fill dirt unless approved by the director.
Within thirty days after the completion of a shallow well, or prior to drilling below the surface casing shoe on any other well, the reserve pit shall be reclaimed. The director may grant an extension of the thirty-day time period of no more than one year for good cause. Prior to reclaiming the pit, the operator, or the operator's agent, shall file a sundry notice (form 4-sm) with the director and obtain approval of a pit reclamation plan. Verbal approval to reclaim the pit may be given. The notice must include:
All pit water must be removed prior to reclamation. Drilling waste should be encapsulated in the pit and covered with at least four feet. [1.22 meters] of backfill and topsoil. The surface shall be sloped, when practicable, to promote surface drainage away from the reclaimed pit area.
N.D. Admin Code 43-02-02-15.5
General Authority: NDCC 38-12-02
Law Implemented: NDCC 38-12-02