Reporting Frequently Asked Questions

What kind of spills need to be reported?

All spills in North Dakota must be reported - there are no material types, minimum volumes, or industry restrictions.

I found previously unknown or historical contamination, does it need to be reported?

Yes! Contamination discovered during a property transfer assessment, excavation work, or other activities must still be reported.

How do I report spills, and what is immediate reporting?

Any spill or discharge of waste which causes or is likely to cause pollution of waters of the state must be reported immediately (NDAC 33.1-16-02.1-11 paragraph 4, bottom of page 18). Immediate reporting through 1-833-99SPILL is required if:

• Public health may be impacted
• Waters of the state are impacted or threatened
• There are injuries or fatalities
• There is a need for evacuation
• Wildlife is immediately impacted

This phone number will notify every necessary state agency. Spills are also required to be reported through Hazconnect at www.spill.nd.gov within 24 hours of discovery. Spills reported by phone must still be reported online.

What information do I need for reporting?

• Contact information
• Volume and type of material
• Safety Data Sheet (SDS), if available
• Date and time of spill
• Global Positioning System (GPS) location and facility name
• Cause/source of the spill
• Impact or potential impacts to water
• Containment/clean-up actions taken
• If the spill is confined to the property of origin

Can I attach photographs?

Yes! Spill and remediation photographs are appreciated.

What is considered waters of the state?

"Waters of the state" means all waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, and all other bodies or accumulations of water on or under the surface of the earth, natural or artificial, public or private, situated wholly or partly within or bordering upon the state, except those private waters that do not combine or effect a junction with natural surface or underground waters just defined. N.D.C.C. § 61-28-02(15).

This definition is different from the federal definition of "Waters of the United States" and includes the majority of water sources that will be encountered outside. Drainages, creeks, or other waterways may be dry at times, but spills into them still threaten to impact waters of the state.

What is considered confined property of origin?

• Spills confined to the surface of a constructed well pad
• Spills confined to the surface of a constructed saltwater disposal pad
• Spills confined to the surface of a chemical manufacturing facility

What is considered the edge of a constructed well pad?

The bounds of a constructed well pad are often smaller than after initial construction and are typically smaller than the total area enclosed by an existing lease fence.

• For well pads with tertiary berms, the edge of the well pad is the top of the berm. If all fluid would flow off the side of the berm back onto the well pad, the spill is considered confined to property of origin.
• For well pads without tertiary berms, the edge of the well pad is determined by where vegetation begins. If a spill touches vegetation, the spill impacts areas off the well pad.

What is containment?

Vertical containment barriers and floating booms are the primary forms of containment. Vertical containment barriers should be designed to prevent any fluids from leaving the site and take weather into account in their construction. Below is an example list of what is and what is not considered containment.

Containment	Not Containment
Steel sheet piling	Absorbent socks
Sandbags	Straw waddles
Non-porous earthen berms	Scoria or gravel berms
Floating oil containment booms	Tarps