NDAC 33.1-25-01-10
Conditions applicable to all permits
Cite as N.D. Admin. Code ยง 33.1-25-01-10
1.
1. The general conditions contained under title 40 CFR part 144, section 144.51 apply to
class I and class V underground injection control permits. All conditions shall be incorporated
into the permits, either expressly or by reference.
2.
A permittee may not commence injection into a new injection well until:
a.
Construction is complete;
b.
The permittee has submitted notice to the director that construction is complete; and
c.
The director has inspected or reviewed the new injection well and finds it in compliance
with the permit, or the permittee has not received notice from the director of intent to
inspect within thirteen days of the permittee's completion notice.
3.
The director shall impose on a case-by-case basis such additional conditions as are
necessary to prevent the migration of fluids into underground sources of drinking water.
4.
In addition to conditions required in all permits the director shall establish conditions in permits
as required on a case-by-case basis to provide for and assure compliance with all applicable
requirements of the Safe Drinking Water Act and of title 40 CFR parts 124, 144, 145, and 146.
5.
The permit shall require the permittee to maintain financial responsibility and resources to
close, plug, and abandon the underground injection operation in a manner prescribed by the
director. The permittee must show evidence of financial responsibility to the director by the
submission of surety bond, or other adequate assurance, such as financial statements or
other materials acceptable to the director. Operators of class I hazardous waste injection wells
must maintain the resources to close, plug, or abandon the well and for postclosure care
pursuant to title 40 CFR part 144, subpart F and title 40 CFR part 146, sections 146.71 and
146.72.
6.
The permittee shall retain all records concerning the nature and composition of injected fluids
until three years after completion of plugging and abandonment of the well.
7.
The following information shall be reported within twenty-four hours:
a.
Any monitoring or other information which indicates that any contaminant may cause an
endangerment to an underground source of drinking water.
b.
Any noncompliance with a permit condition or malfunction of the injection system which
may cause fluid migration into or between underground sources of drinking water.