1501:13-13-07. In situ processing

(A) Performance standards.

(1) The person who conducts in situ processing activities shall comply with the provisions of this rule.

(2) In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by:

(a) Avoiding discharge of fluids into holes or wells, other than as approved by the chief;

(b) Injecting process recovery fluids only into geologic zones or intervals approved as production zones by the chief;

(c) Avoiding annular injection between the wall of the drill hole and the casing; and

(d) Preventing discharge of process fluid into surface waters.

(3) Each person who conducts in situ processing activities shall submit for approval as part of the application for permit and follow after approval, a plan that ensures that all acid-forming, toxic-forming, or radioactive gases, solids, or liquids constituting a fire, health, safety, or environmental hazard and caused by the mining and recovery process are promptly treated, confined, or disposed of, in a manner that prevents contamination of ground and surface waters, damage to fish, wildlife and related environmental values, and threats to the public health and safety.

(4) Each person who conducts in situ processing activities shall prevent flow of the process recovery fluid:

(a) Horizontally beyond the affected area identified in the permit; and

(b) Vertically into overlying or underlying aquifers.

(5) Each person who conducts in situ processing activities shall restore the quality of affected ground water in the permit and adjacent area, including ground water above and below the production zone, to the approximate premining levels or better, to ensure that the potential for use of the ground water is not diminished.

(B) Monitoring.

(1) Each person who conducts in situ processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics in a manner approved by the chief to measure changes in the quantity and quality of water in surface and ground water systems in the permit and in adjacent areas.

(2) Water quality monitoring shall be conducted in accordance with monitoring programs approved by the chief as necessary according to appropriate federal and state water quality standards.

Five Year Review (FYR) Dates: 9/11/2020 and 09/11/2025
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 08/16/1982 (Emer.), 10/27/1982

Prior History: (Five Year Review (FYR) Dates: 11/02/2015 and 11/02/2020
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 8/16/82 (Emer.), 10/27/82)