Section 43-02-03-51.3 - [Effective 4/1/2024] Treating plant construction and operation requirements1. Before construction of a treating plant, treating plant site, or access road begins, the operator shall file with the director a surety bond or cash bond conditioned upon compliance with all laws, rules and regulations, and orders of the commission. The bond amount must be specified in the commission order authorizing the treating plant and shall be based upon the location, type, and capacity of the plant, processing method, and plan of operation for all plant waste approved in the commission order and shall be payable to the industrial commission. In no case may the bond amount be set lower than fifty thousand dollars.2. Treating plant sites and associated facilities or appropriate parts thereof must be fenced if required by the director. All fences installed within or around any facility must be constructed in a manner that promotes emergency ingress and egress.3. All storage tanks must be kept free of leaks and in good condition. Storage tanks for saltwater must be constructed of, or lined with, materials resistant to the effects of saltwater. Open tanks are allowed if approved by the director.4. All waste, recovered solids, and recovered fluids must be stored and handled in such a manner to prevent runoff or migration offsite.5. Dikes of sufficient dimension to contain the total capacity of the maximum volume stored must be erected and maintained around all storage and processing tanks. Dikes as well as the base within the diked area must be lined with a synthetic impermeable liner to provide emergency containment unless waived by the director. All processing equipment shall be underlain by a synthetic impermeable material, unless waived by the director. The site must be sloped and diked to divert surface drainage away from the site. The operations of the treating plant shall be conducted in such a manner as to prevent leaks, spills, and fires. All discharged fluids and wastes shall be promptly and properly removed and shall not be allowed to remain standing within the diked area or on the treating plant premises. All such incidents must be properly cleaned up, subject to approval by the director. All such reportable incidents must be promptly reported to the director and a detailed account of any such incident must be filed with the director in accordance with section 43-02-03-30.6. A perimeter berm, at least six inches [15.24 centimeters] in height, must be constructed of sufficiently impermeable material to provide emergency containment around the treating plant and to divert surface drainage away from the site if deemed necessary by the director.7. Within thirty days following construction or modification of a treating plant, a sundry notice (form 4) must be submitted detailing the work and the dates commenced and completed. The sundry notice must be accompanied by a schematic drawing of the treating plant site drawn to scale, detailing all facilities and equipment, including the size, location, and purpose of all tanks; the height and location of all dikes as well as a calculated containment volume; all areas underlain by a synthetic liner; any leak detection system installed; the location of all flowlines; the stockpiled topsoil location and its volume; and the road access to the nearest existing public road.8. Immediately upon the commencement of treatment operations, the operator shall notify the director in writing of such date.9. The operator of a treating plant shall provide continuing surveillance and conduct such monitoring and sampling as the director may require.10. Storage pits, waste pits, or other earthen storage areas must be prohibited unless authorized by an appropriate regulatory agency. A copy of said authorization must be filed with the director.11. Burial of waste at any treating plant site shall be prohibited. All residual water and waste, fluid or solid, must be disposed of in an authorized facility.12. The operator shall take steps to minimize the amount of residual waste generated and the amount of residual waste temporarily stored onsite. Solid waste shall not be stockpiled onsite unless authorized by an appropriate regulatory agency. A copy of said authorization shall be filed with the director.13. If deemed necessary by the director, the operator shall cause to be analyzed any waste substance contained onsite. Such chemical analysis shall be performed by a certified laboratory and shall adequately determine if chemical constituents exist which would categorize the waste as hazardous by department of environmental quality standards.14. Treating plants must be constructed and operated so as not to endanger surface or subsurface water supplies or cause degradation to surrounding lands and shall comply with section 43-02-03-28 concerning fire hazards and proximity to occupied dwellings.15. The beginning of month inventory, the amount of waste received and the source of such waste, the volume of oil sold, the amount and disposition of water, the amount and disposition of residue waste, fluid or solid, and the end of month inventory for each treating plant shall be reported monthly on form 5p with the director on or before the first day of the second succeeding month, regardless of the status of operations.16. Records necessary to validate information submitted on form 5p must be maintained in North Dakota.17. All proposed changes to any treating plant must have prior approval by the director.18. The operator shall comply with all applicable rules and orders of the commission. All rules in this chapter governing oil well sites shall also apply to any treating plant site.19. The operator shall immediately cease operations if so ordered by the director for failure to comply with the statutes of North Dakota, commission rules or orders, or directives of the director.N.D. Admin Code 43-02-03-51.3
Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .Amended by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.Amended by Administrative Rules Supplement 2017-363, January 2017, effective 10/1/2016.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.Amended by Administrative Rules Supplement 376, April 2020, effective 4/1/2020.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 38-08-04
Law Implemented: NDCC 38-08-04