North Dakota Code 38-24-02 – Jurisdiction of the commission and duties
The commission has jurisdiction and authority over any person or property, public or private, necessary to enforce this chapter. The commission acting through the office of the state geologist may:
Terms Used In North Dakota Code 38-24-02
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. Require:
a. Identification of ownership of all facilities and equipment used for the underground storage and retrieval of nonhydrocarbons.
b. The making and filing of all logs and reports on facility location, drilling, boring, excavating, and construction and the filing of samples, core chips, and complete cores, when requested, free of charge, in the office of the state geologist.
c. The drilling, boring, excavating, and construction of facilities in a manner preventing contamination and pollution of surface and ground water sources and the environment.
d. The furnishing of a reasonable bond with good and sufficient surety, conditioned upon the full compliance with this chapter, and the rules and orders of the commission.
e. Metering or other measuring of all nonhydrocarbons injected, emplaced, stored, or retrieved from a facility regulated by this chapter.
f. A person operating a facility for the underground storage and retrieval of nonhydrocarbons in this state to keep and maintain complete and accurate records of the quantities and nature of material stored and retrieved, which records must be available to the commission or its agents at all times, and may require every such person to file prescribed reports with the commission.
g. Upon termination of the operation of a facility or activity regulated by this chapter, the operator of the facility to restore the surface as nearly as possible to its original condition and productivity.
2. Regulate:
a. The testing, exploration, drilling, boring, excavating, and construction of underground storage and retrieval.
b. Operations to assure the optimum performance of a facility regulated by this chapter.
3. Prescribe the nature, quantity, and source of nonhydrocarbons to be stored in or retrieved from a facility regulated by this chapter.
4. Adopt and enforce rules and orders to effectuate the purposes of this chapter.