State-administered program—Class I, III, IV and V wells.
The UIC program for Class I, III, IV, and V wells in the State of North Dakota, except those on Indian lands, is the program administered by the North Dakota Department of Health, approved by EPA pursuant to section 1422 of the SDWA. Notice of this approval was published in the Federal Register on September 21, 1984; the effective date of this program is October 5, 1984. This program consists of the following elements, as submitted to EPA in the State's program application.
(a) Incorporation by reference.
The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of North Dakota. This incorporation by reference was approved by the Director of the Federal Register effective October 5, 1984.
North Dakota Century Code Sections 38-12-01, 38-12-03 (1980);
North Dakota Century Code, Sections 61-28-02 and 61-28-06 (1989);
North Dakota Administrative Code Sections 33-25-01-01 through 33-25-01-18 (North Dakota State Health Department Underground Control Program) (1983);
North Dakota Administrative Code, Chapter 43-02-02 (Subsurface Mineral Exploration and Development) (August 1986), and Chapter 43-02-02.1 (Underground Injection Control Program) (March 1, 1984);
North Dakota Administrative Code Sections 43-02-02-1-01 through 43-02-02-1-18 (North Dakota Geological Survey—Undergound Injection Control Program) (1984);
(b) Other laws.
The following statutes and regulations, although not incorporated by reference, also are part of the approved State-administered program;
North Dakota Environmental Law Enforcement Act of 1975, North Dakota Century Code Sections 32-40-01 to 32-40-11 (1976);
North Dakota Century Code, Ch. 38-12 (Regulation, Development, and Production of Subsurface Minerals) (1979);
North Dakota Century Code Chapter 61-28 (Control, Prevention and Abatement of Pollution of Surface Waters) (1989);
North Dakota Administrative Code Article 33-22 (Practice and Procedure) (1983).
The Memorandum of Agreement between EPA Region VIII and the North Dakota Department of Health, signed by the EPA Regional Administrator on May 18, 1984.
The Program Description and any other materials submitted as part of the original application or as supplements thereto.
[49 FR 37066, Sept. 21, 1984, as amended at 56 FR 9418, Mar. 6, 1991]