N.D. Admin. Code 43-02-07-06
A permit is required prior to the commencement of operations for the drilling, boring, excavating, or construction of a new geothermal energy extraction facility, or substantial modification of an existing geothermal energy extraction facility loop field. A permit is not required for facilities that use a treated municipal water supply as its sole source of water. A permit may be required by the state department of health or the water utility, or both, for facilities hooked into a municipal water supply. The state geologist may grant a permit upon receipt of a permit application on a form provided by the commission, the furnishing of a bond (if required) as provided in section 43-02-07-08, and the payment of a fee of one hundred dollars for each commercial facility permit or twenty dollars for each residential facility permit. The state geologist may waive the fee requirement if the applicant is an instrumentality of the state. The application for a permit must be accompanied by an accurate plat showing the location of the proposed facility with reference to the nearest lines of a governmental section.
The state geologist may deny all or part of an application for permit if the construction of a geothermal energy extraction facility would violate correlative rights or would cause, or tend to cause, waste, damage to the environment, or contaminate underground sources of drinking water. The applicant may appeal the decision of the state geologist to the commission. The state geologist may add stipulations to the permit.
N.D. Admin Code 43-02-07-06
General Authority: NDCC 38-19-03
Law Implemented: NDCC 38-19-03, 38-19-04