Section 43-02-02.2-23 - Designation of exempted aquifersThe department, after notice and hearing, may exempt an aquifer or a portion of an aquifer and designate it as an exempted aquifer for class III underground injection control if it meets the following criteria:
1. It does not currently serve as a source of drinking water; and 2. It cannot now and will not in the future serve as a source of drinking water for any of the following reasons: a. It produces minerals, hydrocarbons, or geothermal energy, or can be demonstrated to contain minerals or hydrocarbons that, considering their quantity and location, are expected to be produced commercially; b. It is situated at a depth or location that makes recovery of water for drinking water purposes economically or technologically impractical; c. It is so contaminated that it would be economically or technologically impractical to render the water fit for drinking; or d. It is located over an injection well mining area subject to subsidence or catastrophic collapse; or 3. The total dissolved solids content of the ground water is more than three thousand and less than ten thousand milligrams per liter and it is not reasonably expected to be used as a drinking water source. N.D. Admin Code 43-02-02.2-23
Effective January 1, 2009.General Authority: NDCC 38-12-02
Law Implemented: NDCC 38-12-02