In determining the adequacy of the remedial action plan required in section 43-02-02.2-51 proposed by the operator and in determining the additional steps needed to prevent an excursion into unauthorized zones or underground sources of drinking water, the department shall consider the following:

1. Toxicity and volume of the injected fluid;

2. Toxicity of formation fluids or byproducts of injection;

3. Whether or not any person, animal, wildlife, aquatic life, and plant life is potentially affected by the injection;

4. Geohydrology;

5. History of the injection operation;

6. Completion and plugging records;

7. Abandonment procedures in effect at the time the well was abandoned; and

8. Hydraulic connections with underground sources of drinking water.

History: Effective January 1, 2009.

General Authority: NDCC 38-12-02

Law Implemented: NDCC 38-12-02