NDAC 43-02-02.4-19
Surface facilities - Location - Exception to location requirements
Cite as N.D. Admin. Code ยง 43-02-02.4-19
1.
All surface facilities and flow lines installed shall be constructed so that the materials
contained in the facilities do not cause waste. Operation of surface facilities and flow lines
shall not begin until the operator has complied with the methods and means to prevent
pollution as specified in these rules.
2.
Surface facilities may not be located less than five hundred feet from either of the following:
a.
Existing recorded freshwater wells and reasonably identifiable freshwater wells utilized
for human consumption.
b.
Occupied dwellings.
3.
Surface facilities may be located closer than five hundred feet from existing recorded
freshwater wells and reasonably identifiable freshwater wells utilized for human consumption
and occupied dwellings under either of the following conditions:
a.
Upon presentation to the director of a written consent signed by the owner or owners of
all existing recorded freshwater wells and reasonably identifiable freshwater wells utilized
for human consumption and occupied dwellings.
b.
After notice and hearing, the commission determines that the proposed surface facility
location will prevent waste, protect environmental values, and not compromise public
safety.
4.
The director shall be notified within twenty-four hours of emergency repairs to existing surface
facilities that substantially modify the facility or piping. Details regarding such emergency
repairs, including changes in size or location of facility structures or piping, shall be submitted
in writing within thirty days of the repair.