Section 43-05-01-07.3 - Permit conditionsThe following conditions apply to all storage facility permits:
1. The storage operator shall comply with all conditions of the permit. Any noncompliance with the permit constitutes a violation and is grounds for enforcement action, including permit termination, revocation, or modification pursuant to section 43-05-01-12.2. In an administrative action, it shall not be a defense that it would have been necessary for the storage operator to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.3. The storage operator shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the storage facility permit.4. The storage operator shall develop and implement an emergency and remedial response plan pursuant to section 43-05-01-13.5. The storage operator shall at all times properly operate and maintain all storage facilities which are installed or used by the storage operator to achieve compliance with the conditions of the storage facility permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the storage facility permit.
6. The permit may be modified, revoked and reissued, or terminated pursuant to section 43-05-01-12. The filing of a request by the storage operator for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.7. The injection well permit or the permit to operate an injection well does not convey any property rights of any sort or any exclusive privilege.8. The storage operator shall furnish to the commission, within a time specified by the commission, any information which the commission may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, orto determine compliance with the permit. The storage operator shall also furnish to the commission, upon request, copies of records required to be kept by the storage facility permit.9. The storage operator shall allow the commission, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the storage facility premises where records must be kept under the conditions of the permit;b. At reasonable times, have access to and copy any records that must be kept under the conditions of the permit;c. At reasonable times, inspect any facilities, equipment, including monitoring and control equipment, practices, or operations regulated or required under the permit; andd. At reasonable times, sample or monitor for the purposes of assuring permit compliance, any substances or parameters at any location.10. The storage operator shall prepare, maintain, and comply with a testing and monitoring plan pursuant to section 43-05-01-11.4.11. The storage operator shall comply with the reporting requirements provided in section 43-05-01-18.12. The storage operator must obtain an injection well permit under section 43-05-01-10 and injection wells must meet the construction and completion requirements in section 43-05-01-11.13. The storage operator shall prepare, maintain, and comply with a plugging plan pursuant to section 43-05-01-11.5.14. The storage operator shall establish mechanical integrity prior to commencing injection and maintain mechanical integrity pursuant to section 43-05-01-11.1.15. The storage operator shall implement the worker safety plan pursuant to section 43-05-01-13.16. The storage operator shall comply with leak detection and reporting requirements pursuant to section 43-05-01-14.17. The storage operator shall conduct a corrosion monitoring and prevention program pursuant to section 43-05-01-15.18. The storage operator shall prepare, maintain, and comply with the area of review and corrective action plan pursuant to section 43-05-01-05.1.19. The storage operator shall maintain financial responsibility pursuant to section 43-05-01-09.1.20. The storage operator shall maintain and comply with the postinjection site care and facility closure plan pursuant to section 43-05-01-19.N.D. Admin Code 43-05-01-07.3
General Authority: NDCC 28-32-02
Law Implemented: NDCC 38-22