The North Dakota Industrial Commission (NDIC), through its Oil and Gas Division (OGD), is the regulatory agency for oil and gas exploration and production activities in North Dakota. The North Dakota Department of Health (NDDH) Environmental Health Section (EHS) has the responsibility to safeguard the quality of North Dakota's air, land, and water resources.

Contact

North Dakota Industrial Commission
Oil and Gas Division
600 East Boulevard Avenue, Dept. 405
Bismarck, ND 58505-0840 (mailing address)

1016 East Calgary Avenue
Mismarck, ND 58503-5512 (street address)

(701) 328-8020 (phone)
(701) 328-8022 (fax)


North Dakota Department of Health
Environmental Health Section
600 E Blvd Avenue
Bismarck, ND 58505-0200 (mailing address)

918 E Divide Avenue
Bismarck, ND 58501-1947 (street address)

(701) 328-5150 (phone)
(701) 328-5200 (fax)

Produced Water Management Practices and Applicable Regulations

The statutes and rules for oil and gas have been published in the Rulebook.

The rules administered by the OGD are codified in Title 43 (Industrial Commission), Article 43-02 (Mineral Exploration and Development), Chapter 43-02-03 (Oil and Gas Conservation), of the North Dakota Administrative Code (NDAC). The Standards of Quality for Waters of the State are contained in NDAC, Article 33-16. The rules for Solid Waste Management and Land Protection are contained in NDAC, Article 33-20.

• 43-02-03-53 (Saltwater Handling Facilities) — Saltwater handling facility means and includes any container such as a pit, tank, or pool, whether covered or uncovered, used for the handling, storage, or disposal of deleterious substances obtained or used in connection with the drilling or operation of wells.
  • All saltwater liquids or brines produced with oil and natural gas shall be processed, stored, and disposed of without pollution of freshwater supplies. At no time shall saltwater liquids or brines be allowed to flow over or pool on the surface of the land or infiltrate the soil.
  • Underground injection of saltwater liquids and brines shall be in accordance with Chapter 43-02-05.
  • Surface facilities are acceptable, provided that:
• They are devoid of leaks and constructed of materials resistant to the effects of produced saltwater liquids, brines, or chemicals that may be contained therein. The above materials requirement may be waived by the director for tanks presently in service and in good condition. Unusable tanks and injection equipment must be removed from the site or repaired and placed into service within a reasonable time period, not to exceed one year.
• Dikes must be erected and maintained around saltwater tanks at any saltwater handling facility built or rebuilt on or after July 1, 2000. Dikes must be erected around saltwater tanks at any new facility within thirty days after the well has been completed. Dikes must be erected and maintained around saltwater tanks at saltwater handling facilities built prior to July 1, 2000, when deemed necessary by the director. Dikes must be constructed of sufficiently impermeable material to provide emergency containment and of sufficient dimension to contain the total capacity of the largest tank plus one day's fluid production. The required capacity of the dike may be lowered by the director if the necessity therefore can be demonstrated to the director's satisfaction. Discharged saltwater liquids or brines must be properly removed and may not be allowed to remain standing within or outside of any diked areas.
• All open pits and ponds that contain saltwater must be fenced (43-03-03-19.1). Except as otherwise provided, no saltwater, drilling mud, crude oil, waste oil, or other waste shall be stored in earthen pits or open receptacles except in an emergency and upon approval by the director (43-02-03-19.3).
• The operator shall take steps to minimize the amount of solids stored at the facility.

• 33-16-02.1-11 (On-Surface Discharge of Wastes)
  • These regulations are administered by the North Dakota Department of Heath, Environmental Health Section, Water Quality Division
  • No untreated industrial wastes or other wastes containing substances or organisms that may endanger public health or degrade the water quality of water usage shall be discharged into the waters of the state.
  • Any spill or discharge of waste that causes or is likely to cause pollution of waters of the state must be reported immediately. The owner, operator, or person responsible for a spill or discharge must notify the authorities and provide all relevant information about the spill. Depending on the severity of the spill or accidental discharge, the department may require the owner or operator to: take immediate remedial measures, determine the extent of pollution to waters of the state, provide alternate water sources to water users impacted by the spill or accidental discharge, or any other actions necessary to achieve compliance with all applicable regulations.

• Oil and Gas Fill-in Forms
  • Form 16 — Saltwater Disposal Report
  • Form 16A — Saltwater Disposal Report Continuation