Section 43-02-02.4-19 - Surface facilities - Location - Exception to location requirements1. All surface facilities and flow lines installed shall be constructed so that the materials contained in the facilities do not cause waste. Operation of surface facilities and flow lines shall not begin until the operator has complied with the methods and means to prevent pollution as specified in these rules.2. Surface facilities may not be located less than five hundred feet from either of the following: a. Existing recorded freshwater wells and reasonably identifiable freshwater wells utilized for human consumption.3. Surface facilities may be located closer than five hundred feet from existing recorded freshwater wells and reasonably identifiable freshwater wells utilized for human consumption and occupied dwellings under either of the following conditions:a. Upon presentation to the director of a written consent signed by the owner or owners of all existing recorded freshwater wells and reasonably identifiable freshwater wells utilized for human consumption and occupied dwellings.b. After notice and hearing, the commission determines that the proposed surface facility location will prevent waste, protect environmental values, and not compromise public safety.4. The director shall be notified within twenty-four hours of emergency repairs to existing surface facilities that substantially modify the facility or piping. Details regarding such emergency repairs, including changes in size or location of facility structures or piping, shall be submitted in writing within thirty days of the repair.N.D. Admin Code 43-02-02.4-19
General Authority: NDCC 38-12-02
Law Implemented: NDCC 38-12-02