NDAC 43-02-02-21.1
Notification of fires, leaks, spills, or blowouts
Cite as N.D. Admin. Code ยง 43-02-02-21.1
All persons controlling or operating any well, pipeline, receiving tank, storage tank, or production
facility into which subsurface minerals or water is produced, received, stored, processed, or through
which subsurface minerals or water is injected, piped, or transported, shall verbally notify the director
within twenty-four hours after discovery of any fire, leak, spill, blowout, or release of fluid. If any such
incident occurs or travels offsite of a facility, the persons, as named above, responsible for proper
notification shall within a reasonable time also notify the surface owners upon whose land the incident
occurred or traveled. Notification requirements prescribed by this section shall not apply to any leak,
spill, or release of fluid that is less than one barrel total volume and remains onsite of a facility. The
verbal notification must be followed by a written report within ten days after cleanup of the incident,
unless deemed unnecessary by the director. Such report must include the operator and description of
the facility, the legal description of the location of the incident, date of occurrence, date of cleanup,
amount and type of each fluid involved, amount of each fluid recovered, steps taken to remedy the
situation, cause of the accident, and action taken to prevent reoccurrence. The signature, title, and
telephone number of the company representative must be included on such report. The persons, as
named above, responsible for proper notification, within a reasonable time, also shall provide a copy of
the written report to the surface owners upon whose land the incident occurred or traveled.
The commission, however, may impose more stringent spill-reporting requirements if warranted
because of proximity to sensitive areas, past spill performance, or careless operating practices as
determined by the director.