N.D. Admin. Code 43-02-05-14

Current through Supplement No. 393, July, 2024

Section 43-02-05-14 - Area permits

1. The director, after notice and hearing, may issue an area permit providing for the permitting of individual injection wells if the proposed injection wells are:

a. Within the same field, facility site, reservoir, project, or similar unit in the same state;

b. Of similar construction;

c. Of the same class; and

d. Operated by a single owner or operator.

2. An area permit application shall include at least the following information:

a. The name and address of the operator.

b. A plat and maps depicting the area permit and one-quarter mile [402.34 meters] adjacent detailing the location of all anticipated injection wells and the location, well name, and operator of all producing wells, saltwater disposal wells, injection wells, plugged wells, abandoned wells, drilling wells, dry holes, permitted wells, water wells, surface bodies of water, and other pertinent surface features, such as occupied dwellings and roads.

c. A review of the surficial aquifers within the proposed area permit boundary and one mile adjacent.

d. Appropriate geological data on the injection zone and the upper and lower confining zones, including geologic names, lithologic descriptions, thicknesses, and depths.

e. Estimated fracture pressure of the upper confining zone.

f. Estimated maximum injection pressure.

g. Geologic name and depth to base of the lowermost underground source of drinking water which may be affected by the injection.

h. A reference well log, displaying at least a gamma ray curve, from a nearby well.

i. If faults are known or suspected, a cross section that includes a depiction of the fault at depth.

j. Proposed injection program, including method of transportation of the fluid to the injection facilities and wells.

k. List identifying all source wells or sources of injectate.

l. Quantitative analysis from a state-certified laboratory of a representative sample of water to be injected. A compatibility analysis with the receiving formation may also be required.

m. Legal description of the land ownership within and one-quarter mile [402.34 meters] adjacent to the proposed area permit in both tabular and plat form.

n. An affidavit of mailing, and proof of service, certifying that all landowners within the proposed area permit and one-quarter mile adjacent have been notified of the proposed area permit. A representative copy of the letters sent must be attached to the affidavit. The notice must inform the landowners that a hearing will be held at which comments or objections may be directed to the commission, and that written comments or objections to the application may be submitted prior to the hearing date, received by the commission no later than five p.m. on the last business day prior to the hearing date.

o. Schematic of the proposed injection system, including facilities and pipelines.

p. A schematic drawing of a typical proposed injection well bore construction, including the size of the borehole; the total depth and plug back depth; the casings and tubing sizes, weights, grades, and top and bottom depths; the perforated interval top and bottom depths; the packer depth; the injection zone and upper and lower confining zones' top and bottom depths.

3. An area permit authorizes the director to approve individual injection well permit applications within the permitted area. The application shall be made in a format provided by the director and shall include at least the following information:

a. The name and address of the operator of the injection well.

b. The surface and bottom hole location.

c. Average and maximum daily rate of fluids to be injected.

d. Existing or proposed casing, tubing, and packer data.

e. Existing or proposed cement specifications, including amounts and actual or proposed top.

f. A plat and maps depicting the area of review (one-quarter-mile [402.34-meter] radius) and detailing the location, well name, and operator of all wells in the area of review. The plat , maps, or both must include all producing wells, saltwater disposal wells, injection wells, abandoned wells, drilling wells, plugged wells, dry holes, permitted wells, water wells, surface bodies of water, and other pertinent surface features, such as occupied dwellings and roads.

g. A review of the surficial aquifers within one mile of the proposed injection well site or surface facilities.

h. A tabulation of data on all wells within the area of review which penetrate the proposed injection zone. Such data must include a description of each well's type, construction, date drilled, location, depth, record of plugging and completion, and any additional information the director may require. A detail of any corrective action necessary for any of the wells not properly cemented or plugged to prevent the movement of fluid out of the injection zone must also be included.

i. A tabulation of all freshwater wells and domestic freshwater sources within the area of review. Each freshwater well and domestic freshwater source must be identified by owner, location by quarter-quarter, section, township, and range, type of well or source, depth, and current status. A quantitative analysis from a state-certified laboratory of freshwater from the two nearest freshwater wells within a one-mile radius must be submitted. This requirement may be waived by the director in certain instances.

j. All logging and testing data on the well which has not been previously submitted.

k. A schematic drawing of the well detailing the proposed well bore construction, including the size of the borehole; the total depth and plug back depth; the casings and tubing sizes, weights, grades, and top and bottom depths; the perforated interval top and bottom depths; the packer depth; the injection zone and upper and lower confining zones top and bottom depths.

l. A schematic or other appropriate drawings and tabulations of the wellhead and surface facilities, including the size, location, construction, and purpose of all tanks, the height and location of all dikes and containment, including a calculated containment volume, all areas underlain by a synthetic liner, the location of all flow lines, and a tabulation of any pressurized flow line specifications. It also must include the proposed road access to the nearest existing public road and the authority to build such access.

m. Traffic flow diagram of the site, depicting sufficient area to contain all anticipated traffic, if applicable.

n. A detailed drilling prognosis including a drilling, casing, cementing, logging, testing, and coring program, if applicable.

o. A detailed description of the proposed completion or conversion procedure.

p. Any additional information necessary to demonstrate that injection into the proposed injection zone will not initiate fractures in the confining zone that could allow fluid movement out of the injection zone.

q. Any other information required by the director to evaluate the proposed well.

4. The director is authorized to approve individual injection well permit applications within an area permit provided:

a. The additional well meets the area permit criteria.

b. The cumulative effects of drilling and operating additional injection wells are acceptable to the director.

5. If the director determines that any additional well does not meet the area permit requirements, the director may modify or terminate the permit or take enforcement action.

6. If the director determines the cumulative effects are unacceptable, the permit may be modified.

7. Area and individual injection well permits may contain such terms and conditions as the director deems necessary.

8. The corrective action plan for any well in the area of review which is not properly cemented or plugged to prevent the movement of fluid out of the injection zone must be incorporated into the permit as a condition if the plan is deemed adequate by the director. If the director deems the plan inadequate, the director shall require the applicant to revise the plan, prescribe a plan for corrective action as part of the permit, or deny the application. Before injection commences in an injection well, the applicant shall complete any needed corrective action on wells penetrating the injection zone in the area of review to the satisfaction of the director.

9. 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 or any applicable rule or statute. Any permit issued under this section may be suspended by the director for good cause.

10. Before a permit for underground injection will be issued, the applicant must satisfy the director that the proposed injection well will not endanger any underground source of drinking water.

11. No person shall commence construction of an underground injection well, site, or access road until the director has issued a permit for the well.

12. Area and individual injection well permits are transferable only with approval of the director.

13. Individual injection well permits may be modified by the director.

14. Individual injection well permits shall automatically expire one year after the date issued, unless operations have commenced to complete the well as an injection well.

15. If the permitted injection zone is plugged and abandoned, the permit shall expire and be of no further force and effect.

N.D. Admin Code 43-02-05-14

Effective November 1, 1982; amended effective May 1, 1992; May 1, 2004; January 1, 2006.

Amended by Administrative Rules Supplement 376, April 2020, effective 4/1/2020.

General Authority: NDCC 38-08-04(2)

Law Implemented: NDCC 38-08-04(2)