NDAC 43-05-01-12.1
Minor modifications of permits
Cite as N.D. Admin. Code ยง 43-05-01-12.1
Upon agreement between the storage operator and the commission, the commission may modify a
permit to make the corrections or allowances without the storage operator filing an application to
amend a permit. Any permit modification not processed as a minor modification under this section must
be filed as an application to amend an existing permit under section 43-05-01-12. Minor modifications
may include:
1.
Correct typographical errors;
2.
Require more frequent monitoring or reporting by the storage operator;
3.
Change an interim compliance date in a schedule of compliance, provided the new date is not
more than one hundred twenty days after the date specified in the existing permit and does
not interfere with attaintment of the final compliance date requirement;
4.
Allow for a change in ownership or operational control of a facility where the commission
determines that no other change in the storage facility permit is necessary, provided that a
written agreement containing a specific date for transfer of permit responsibility, coverage, and
liability between the current and new storage operator has been submitted to the commission
pursuant to section 43-05-01-06;
5.
Change quantities or types of fluids injected which are within the capacity of the facility as
permitted and, in the judgment of the commission, would not interfere with the operation of the
facility or its ability to meet conditions described in the permit and would not change its
classification;
6.
Change construction requirements approved by the commission, provided that any such
alteration shall comply with the requirements of this chapter and no such changes are
physically incorporated into construction of the well prior to approval of the modification by the
commission; or
7.
Amend the testing and monitoring plan, plugging plan, postinjection site care and facility
closure plan, emergency and remedial response plan, worker safety plan, or corrosion
monitoring and prevention program where the modifications merely clarify or correct the plan,
as determined by the commission.