Plugging and abandonment

1. Any class I permit shall include, and any class V permit may include, a plan for plugging and abandonment which shall be incorporated into the permit as a condition to ensure that movement of fluids either into an underground source of drinking water or between underground sources of drinking water is not allowed. 2. After a cessation of operations of two years the owner or operator shall plug and abandon the well in accordance with the plan unless the owner or operator: a. Provides notice to the director; and b. Describes actions or procedures, satisfactory to the director, that the owner or operator will take to ensure that the well will not endanger underground sources of drinking water during the period of temporary abandonment. These actions and procedures shall include compliance with the technical requirements applicable to active injection wells unless waived by the director. 3. The permittee shall notify the director at such times as the permit requires before conversion or abandonment of the well or in the case of area permits before closure of the project. Owners and operators of class V wells authorized by section 33.1-25-01-16 must notify the director at least thirty days prior to closure. 4. Prior to granting approval for plugging and abandonment of a class I well, the director shall consider the plan submitted by the operator which contains the information listed under title 40 CFR part 146, section 146.14(c) (for nonhazardous waste injection wells) or title 40 CFR part 146, sections 146.71(a)(4) and 146.72(a) (for hazardous waste injection wells).