Section 43-02-14-15 - Emergency and remedial response planThe storage facility operator shall maintain a commission approved emergency and remedial response plan. This plan must include emergency response and security procedures. The plan, including revision of the list of contractors and equipment vendors, must be updated as necessary or as the commission requires. Copies of the plans must be available at the storage facility and at the storage facility operator's nearest operational office.
1. The emergency and remedial response plan requires a description of the actions the storage facility operator shall take to address movement of the injection or formation fluids that may endanger an underground source of drinking water during any phase of the project. The requirement to maintain and implement a commission-approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. The plan must also detail: a. The safety procedures concerning the facility and residential, commercial, and public land use within the facility area and its delineated area of review.b. Contingency plans for addressing oil or gas leaks from any well, flow lines, or other facility, and loss of containment from the storage reservoir or salt cavern and identify specific contractors and equipment vendors capable of providing necessary services and equipment to respond to such leaks or loss of containment.2. If the storage facility operator obtains evidence that the injected oil or gas stream, or displaced fluids may endanger an underground source of drinking water, the storage facility operator shall: a. Immediately cease injection.b. Take all steps reasonably necessary to identify and characterize any release.c. Notify the director immediately and submit a subsequent sundry notice filed on a form provided by the director within twenty-four hours.d. Implement the emergency and remedial response plan approved by the director.3. The commission may allow the operator to resume injection before remediation if the storage facility operator demonstrates that the injection operation will not endanger underground sources of drinking water.4. The storage facility operator shall review annually the emergency and remedial response plan developed under subsection 1. Any amendments to the plan are subject to the commission's approval, must be incorporated into the storage facility permit, and are subject to the permit modification requirements. Amended plans or demonstrations that amendments are not needed must be submitted to the commission as follows: a. With the area of review re-evaluation.b. Following any significant changes to the facility, such as addition of injection or monitoring wells, or on a schedule determined by the commission.c. When required by the commission.N.D. Admin Code 43-02-14-15
Adopted by Administrative Rules Supplement 2022-384, April 2022, effective 4/1/2022.General Authority: NDCC 38-08-04
Law Implemented: NDCC 38-25