Spill Investigation Program
Environmental Incident Reporting
Any spill or discharge of liquid or solid (not gaseous) waste which may cause pollution of waters of the state must be reported immediately (NDAC 33-16-02.1-11 paragraph 4, bottom of page 17). The owner, operator, or person responsible for a spill or discharge must notify the department as soon as possible or the Department of Emergency Services. Depending on the severity of the spill or accidental discharge, the department may require the owner or operator to:
- Take immediate remedial measures;
- Determine the extent of pollution to waters of the state;
- Provide alternate water sources to water users impacted by the spill or accidental discharge; or
- Any other actions necessary to protect human health and the environment.
- Specific minimum quantities for mandatory reporting of spills have not been established.
- North Dakota Department of Environmental Quality (1-701-328-5210)
- North Dakota Oil and Gas Division (1-701-328-8020)
- North Dakota Department of Emergency Services (1-701-328-8100) or
(1-833-99SPILL (1-833-997-7455) State Radio 24-Hour Hotline - valid only in North Dakota.)
If there is any question as to proper response call one of the listed agencies and provide all relevant information about the incident.
(Includes Non-exempt Oilfield Related Incidents)
Some releases may require immediate response by trained emergency personnel. This will be coordinated through the Department of Health, Division of Emergency Management and any other state or local emergency response agencies that may be needed.
Environmental Investigation and Cleanup
Some releases may require additional investigation beyond initial clean up to determine full impacts to the environment. This may include soil borings and samples, monitoring wells and groundwater samples, etc.
Investigations of Contaminant Release Sites (11/06 pdf format)
Environmental Site Investigation Report (11/06 pdf format)
Action levels have been set for petroleum compounds and drinking water maximum contaminant levels may also be used as action levels. Final standards for cleanup are determined on a case-by-case basis, depending on the contaminant involved and potential for risk to human health and the environment.
Cleanup Action Levels for Gasoline and Other Petroleum Hydrocarbons (12/06 pdf)
Property Transfer Assessments
If any type of soil or water contamination is found during a property transfer assessment, or in the course of any other activity, that contamination must be reported to the Department of Environmental Quality. The fact that it may have been a previously unknown, or historic release does not eliminate the reporting requirements.