Section 43-02-03-53.1 - Saltwater handling facility permit requirements1. A permit for construction of a saltwater handling facility, saltwater handling facility site, or access road must be approved by the director prior to construction. The saltwater handling facility permit application must be submitted on a facility sundry notice and include at least the following information:a. The name and address of the operator.b. An accurate plat certified by a registered surveyor showing the location of the proposed saltwater handling facility and the center of the site with reference to true north and the nearest lines of a governmental section. The plat also must include the latitude and longitude of the center of the proposed saltwater handling facility location to the nearest tenth of a second and the ground elevation. The plat also must depict the outside perimeter of the saltwater handling facility and verification that the site is at least five hundred feet [152.4 meters] from an occupied dwelling.c. A schematic drawing of the proposed saltwater handling facility 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, the location of all flow lines, and the location and thickness of the stockpiled topsoil. The schematic drawing also must include the proposed road access to the nearest existing public road and the authority to build such access.d. Cut and fill diagrams.e. Schematic drawings of the proposed diking and containment, including calculated containment volume and all areas underlain by a synthetic liner, as well as a description of all containment construction material.f. The anticipated daily throughput of the saltwater handling facility.g. A review of the surficial aquifers within one mile of the proposed treating plant site or surface facilities.h. Any other information required by the director to evaluate the proposed saltwater handling facility or site.2. Permits may contain such terms and conditions as the director deems necessary.3. Any permit issued under this section may be revoked by the commission after notice and hearing if the permittee fails to comply with the terms and conditions of the permit, any directive of the director, or any applicable rule or statute. Any permit issued under this section may be suspended by the director for good cause.4. Permits are transferable only with approval of the director.5. Permits may be modified by the director.6. A permit automatically expires one year after the date it was issued, unless dirtwork operations have commenced to construct the site. The director may extend a saltwater handling facility permit for up to one year upon request.7. If the saltwater handling facility is abandoned and reclaimed, the permit expires and is of no further force and effect.N.D. Admin Code 43-02-03-53.1
Adopted by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.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