NDAC 43-02-02.4-41
Existing facilities - Maintenance
Cite as N.D. Admin. Code ยง 43-02-02.4-41
1.
The operator of a well shall maintain all existing dikes or firewalls installed before July 1, 2013,
and shall keep the containment area free of oil, emulsions, waste products, stored products,
tank bottoms, brine, water, vegetation, debris, or any flammable or combustible material.
2.
The director may require surface facilities constructed before July 1, 2013, to be upgraded to
meet secondary containment requirements of this chapter if the facility is substantially
modified or if losses have resulted in pollution.
3.
Before any modification of a secondary containment area, other than routine maintenance, the
operator of a well shall notify the director in writing. The notification shall include a modified
secondary containment plan reflecting the proposed changes. The operator shall receive
approval from the director before making the modification. The director shall approve or deny
the request within eleven days of receipt of the request. The director may require an
inspection of the modified secondary containment area before it is returned to service.