N.D. Admin. Code 43-02-03-19.3
Except as otherwise provided in this section and sections 43-02-03-19.4, 43-02-03-19.5, and 43-02-03-51.3, no saltwater, drilling mud, crude oil, waste oil, or other waste may be stored in earthen pits or open receptacles except in an emergency and upon approval by the director.
A lined earthen pit or open receptacle may be temporarily used to retain oil, water, cement, solids, or fluids generated in well plugging operations. A pit or receptacle used for this purpose must be sufficiently impermeable to provide adequate temporary containment of the oil, water, or fluids. The contents of the pit or receptacle must be removed within seventy-two hours after operations have ceased and must be disposed of at an authorized facility in accordance with section 43-02-03-19.2. Within thirty days after operations have ceased, the earthen pit shall be reclaimed and the open receptacle shall be removed. The director may grant an extension of the thirty-day time period to no more than one year for good reason.
The director may permit pits or receptacles used solely for the purpose of flaring casinghead gas. A pit or receptacle used for this purpose must be sufficiently impermeable to provide adequate temporary containment of fluids. Permission for such pit or receptacle must be conditioned on locating the pit not less than one hundred fifty feet [45.72 meters] from the vicinity of wells and tanks and keeping it free of any saltwater, crude oil, waste oil, or other waste. Saltwater, drilling mud, crude oil, waste oil, or other waste must be removed from the pit or receptacle within twenty-four hours after being discovered and must be disposed of at an authorized facility in accordance with section 43-02-03-19.2.
The director may permit pits used solely for storage of freshwater used in completion and well servicing operations. Permit applications for freshwater pits must be submitted on a sundry notice and must be valid for a period of one year but may be reauthorized upon application. Freshwater pits must be lined and no pit constructed for this purpose may be wholly or partially constructed in fill dirt unless approved by the director. The director may approve chemical treatment to municipal drinking water standards upon application.
The freshwater pit must have signage on all sides accessible to vehicular traffic clearly identifying the usage as freshwater only.
The director may permit portable-collapsible receptacles used solely for storage of fluids used in completion and well servicing operations, although no flowback fluids may be allowed. Permit applications for such receptacles must be submitted on a sundry notice and must be valid for a period of one year but may be reauthorized upon application. Such receptacles must utilize a sealed inner bladder, erected to conform to American petroleum institute standards, and may not be wholly or partially constructed on fill dirt unless approved by the director. Such receptacles must have signage on all sides accessible to vehicular traffic clearly identifying the fluid contained within.
The director may permit portable-collapsible single sidewall, double liner open top receptacles used solely for storage of fluids used in completion and well servicing operations, although no flowback fluids may be allowed. Such receptacles must have signage on all sides accessible to vehicular traffic clearly identifying the fluid contained within. Permits for such receptacles must be submitted on a sundry notice and must be valid for a period of one year but may be reauthorized upon application. Permits for such receptacles must include at least the following information:
The director may docket the permit application for hearing to gather additional information necessary to evaluate the proposed open top receptacle and site.
Permits may contain such terms and conditions as the director deems necessary.
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 modified or suspended by the director for good cause.
Permits are transferable only with approval of the director.
N.D. Admin Code 43-02-03-19.3
General Authority: NDCC 38-08-04
Law Implemented: NDCC 38-08-04