We are committed to ensuring our website and web content complies with the Americans with Disabilities Act (ADA) and applicable web accessibility standards. If you have difficulty using our site or need an accommodation, please contact us at deq@nd.gov. To learn more, visit our Accessibility page.
Spill Investigation

Anatomy of a Spill Response

Spill Investigation Program


When a spill occurs in North Dakota, a defined sequence of response and remediation steps is required to protect public health, water quality, and the environment. The steps below are included in all spill incident responses. A reference checklist of the primary spill response and remediation steps can be found at Spill Response Checklist.


  Containment

After the spill has been stopped, containment measures are required to prevent spill migration due to weather or terrain and to keep the spill in the smallest area possible. Containment measures include, but are not limited to the use of:

  • Steel sheet piling
  • Sandbags
  • Earthen berms
  • Floating oil containment booms
  • Underflow dams

The following are NOT considered containment:

  • Absorbent socks
  • Straw waddles
  • Tarps

  Reporting

Spills impacting or threatening to impact a waterway or human health are required to be reported by the responsible party immediately by phone through 1-833-99SPILL (1-833-997-7455). Immediate spill reporting criteria include:

  • Any spill/release that has an impact, or potential impact, to public health
  • Waters of the state are impacted/threatened
  • Injuries or deaths
  • Evacuations, or potential need for
  • Any spill/release that has immediate impact to wildlife

All spills, including those reported by phone, must also be reported online within 24 hours of discovery through www.spill.nd.gov. Additional spill reporting information can be found at Report a Spill.


  Site Assessment and Delineation

A site assessment is used to evaluate the environmental threat caused by the spill. As a part of a site assessment, it is necessary to:

  • Estimate the volume of the spill
  • Delineate the spill
  • Estimate depth to groundwater and distance to surface water
  • Determine if water has been impacted or is threatened
  • Determine land use and vegetation impacted
  • Estimate the actual or potential exposure to humans, livestock, aquatic life, and terrestrial life

Delineation is the process of determining the horizontal and vertical extent of the spill. Spills can be delineated through a variety of methods depending on the material spilled. Additional information on site assessment and delineation can be found at Delineation.


  Remediation

Remediation is the clean-up of the spill. The most common remediation option is excavation, but other options may be available depending on the nature of the spill. Considerations to be accounted for when choosing a remediation tactic include:

  • Would greater environmental damage be caused by additional work?
  • Does depth to contamination make excavation impracticable?
  • Are there culturally or environmentally sensitive areas to avoid disturbing?
  • Is public safety or infrastructure at risk?
  • What are the wishes of the landowner?
  • What are the limits of current technology?

Additional information on remediation options can be found at Oilfield Remediation Options.


  Confirmation Sampling

Evidence of successful remediation must be submitted to the NDDEQ. In most cases, sample results from a laboratory with an active North Dakota Environmental Laboratory Certification Program (NDELCP) certification are required.

Required laboratory sample analyses are different depending on the material spilled. Information on NDDEQ required action levels and sample analyses by spill type can be found at Sampling & Action Levels.


  Revegetation and Incident Closure

Spill incidents are closed with the NDDEQ when:

  • Laboratory sample results within NDDEQ action levels or other sufficient documentation of successful remediation is received
  • Previously vegetated areas of the site have reached 75% or greater revegetation with desirable species
  • All trash and debris have been removed from the site

More information on revegetation, site monitoring, and incident closure can be found at Steps to Closure.

Flow chart showing the spill response process from incident occurrence through no further action, including decision points for delineation, sampling, and vegetation recovery

  Spill Response Checklist

Below is a checklist of the primary spill response and remediation steps. If the answer is "yes" to all questions, the incident may be recommended for closure with the NDDEQ.

  Download Checklist (Word)