NDAC 43-02-05-04
Permit requirements
Cite as N.D. Admin. Code ยง 43-02-05-04
1.
No underground injection may be conducted, or site or access road construction commenced,
without obtaining a permit from the director after notice and hearing. The application shall be
on a form 14 or form provided by the director and shall include at least the following
information:
a.
The name and address of the operator of the injection well.
b.
The surface and bottom hole location.
c.
Appropriate geological data on the injection zone and the upper and lower confining
zones including geologic names, lithologic descriptions, thicknesses, and depths.
d.
The estimated bottom hole fracture pressure of the upper confining zone.
e.
Average and maximum daily rate of fluids to be injected.
f.
Average and maximum requested surface injection pressure.
g.
Geologic name and depth to base of the lowermost underground sources of drinking
water which may be affected by the injection.
h.
Existing or proposed casing, tubing, and packer data.
i.
Existing or proposed cement specifications, including amounts and actual or proposed
top of cement.
j.
A plat and maps depicting the area of review, (one-quarter-mile [402.34-meter] radius)
and detailing the location, well name, and operator of all wells in the area of review. The
plat and maps must include all injection wells, producing wells, plugged wells,
abandoned wells, drilling wells, dry holes, permitted wells, water wells, surface bodies of
water, and other pertinent surface features, such as occupied dwellings and roads.
k.
A review of the surficial aquifers within one mile of the proposed injection well site or
surface facilities.
l.
A tabulation of data on all wells within the area of review that penetrate the proposed
injection zone. Such data must include a description of each well's type, construction,
date drilled, location, depth, record of plugging and completion, and any additional
information the director may require. A detail of any corrective action necessary for any of
the wells not properly cemented or plugged to prevent the movement of fluid out of the
injection zone must also be included.
m.
If faults are known or suspected, a cross section that includes a depiction of the fault at
depth.
n.
Proposed injection program, including method of transportation of the fluid to the injection
facility and the injection well.
o.
A tabulation of all freshwater wells and domestic freshwater sources within the area of
review. Each freshwater well and domestic freshwater source must be identified by
owner, location by quarter-quarter, section, township, and range, type of well or source,
depth, and current status. A quantitative analysis from a state-certified laboratory of
freshwater from the two nearest freshwater wells within a one-mile [1.61-kilometer] radius
must be submitted. This requirement may be waived by the director in certain instances.
p.
Quantitative analysis from a state-certified laboratory of a representative sample of water
to be injected. A compatibility analysis with the receiving formation may also be required.
q.
List identifying all source wells or sources of injectate.
r.
A legal description of the land ownership within the area of review in both tabular and plat
form.
s.
An affidavit of mailing, and proof of service, certifying that all landowners within the area
of review have been notified of the proposed injection well. A copy of the letter sent to
each landowner must be attached to the affidavit.
If the proposed injection well is within an area permit authorized by a commission order,
the notice shall inform the landowners within the area of review that comments or
objections may be submitted to the commission within thirty days and must include a
contact person and phone number for the applicant and a contact person and phone
number for the commission.
If the proposed injection well is not within an area permit authorized by a commission
order, the notice shall inform the landowners within the area of review that a hearing will
be held at which comments or objections may be directed to the commission, and written
comments or objections to the application may be submitted prior to the hearing date,
received by the commission no later than five p.m. on the last business day prior to the
hearing date.
t.
An affidavit of mailing, and proof of service, certifying that all owners or operators of any
usable oil and gas exploration and production well or permit within the area of review
have been notified of the proposed injection well. A copy of the letter sent to each owner
or operator must be attached to the affidavit.
If the proposed injection well is within an area permit authorized by a commission order,
the notice must include the proposed surface and bottom hole locations of the proposed
injection well and inform the owner or operator of any oil and gas exploration- and
production-related well within the area of review that comments or objections may be
submitted to the commission within thirty days and must include a contact person and
phone number for the applicant and a contact person and phone number for the
commission.
If the proposed injection well is not within an area permit authorized by a commission
order, the notice must include the proposed surface and bottom hole locations of the
proposed injection well and inform the owner or operator of any oil and gas production-
related well within the area of review that a hearing will be held at which comments or
objections may be directed to the commission, and that written comments or objections
to the application may be submitted prior to the hearing date, received by the
commission no later than five p.m. on the last business day prior to the hearing date.
u.
All logging and testing data on the well which has not been previously submitted.
v.
Schematic or other appropriate drawings and tabulations of the wellhead and surface
facilities, including the size, location, construction, and purpose of all tanks, the height
and location of all dikes and containment, including a calculated containment volume, all
areas underlain by a synthetic liner, and the location of all flow lines and a tabulation of
any pressurized flow line specifications. It must also include the proposed road access to
the nearest existing public road and the authority to build such access.
w.
A schematic drawing of the well detailing the proposed well bore construction, including
the size of the borehole; the total depth and plug back depth; the casings and tubing
sizes, weights, grades, and top and bottom depths; the perforated interval top and
bottom depths; the packer depth; the injection zone and upper and lower confining zones'
top and bottom depths.
x.
Traffic flow diagram of the site, depicting sufficient area to contain all anticipated traffic.
y.
A detailed drilling prognosis, including a drilling, casing, cementing, logging, testing, and
coring program, if applicable.
z.
A detailed description of the proposed completion or conversion procedure.
aa.
Any additional information necessary to demonstrate that injection into the proposed
injection zone will not initiate fractures in the confining zone that could allow fluid
movement out of the injection zone.
bb.
Any other information required by the director to evaluate the proposed well.
2.
Permits may contain such terms and conditions as the director deems necessary.
3.
The corrective action plan for any well in the area of review which is not properly cemented or
plugged to prevent the movement of fluid out of the injection zone must be incorporated into
the permit as a condition if the plan is deemed adequate by the director. If the director deems
the plan inadequate, the director shall require the applicant to revise the plan, prescribe a plan
for corrective action as part of the permit, or deny the application. Before injection commences
in an injection well, the applicant shall complete any needed corrective action on wells
penetrating the injection zone in the area of review to the satisfaction of the director.
4.
Any permit issued under this section may be revoked by the commission after notice and
hearing if the permittee fails to comply with the terms and conditions of the permit or any
applicable rule or statute. Any permit issued under this section may be suspended by the
director for good cause.
5.
Before a permit for underground injection will be issued, the applicant must satisfy the director
that the proposed injection well will not endanger any underground source of drinking water.
6.
No person shall commence construction of an underground injection well, site, or access road
without prior approval of the director.
7.
Permits are transferable only with approval of the director.
8.
Permits may be modified by the director.
9.
All injection wells permitted before November 1, 1982, shall be deemed to have a permit for
purposes of this section; however, all such prior permitted wells are subject to all other
requirements of this chapter.
10.
A permit shall automatically expire one year after the date it was issued, unless operations
have commenced to complete the well as an injection well.
11.
If the permitted injection zone is plugged and abandoned, the permit shall expire and be of no
further force and effect.