38-19-03. Jurisdiction of the commission.
438 words·~2 min read·
/nd/title-38/chapter-38-19-geothermal-resource-development-regulation/38-19-03·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The commission has jurisdiction and authority and is charged with the responsibility to enforce the provisions of this chapter. This chapter does not apply to any activity regulated under chapters 38-08, 38-12, 38-12.1, 38-14.1, and 61-28. The jurisdiction granted to the commission by this chapter is not exclusive and does not affect the jurisdiction of other governmental entities. The commission acting through the director of mineral resources has the authority:
1. To require:
a. Identification of ownership of all facilities, installations, and equipment used in the
extraction of geothermal energy.
b. The making and filing of all logs and reports on facility location, drilling, boring,
excavating, and construction and the filing, free of charge, of samples, core chips,
and complete cores, when requested, in the office of the state geologist.
c. The drilling, boring, casing, excavating, plugging, and construction of facilities in a
manner to prevent contamination and pollution of surface and ground water
sources and unnecessary environmental degradation.
d. The furnishing of a reasonable bond with good and sufficient surety, conditioned
upon the full compliance with this chapter and the rules and orders of the
commission relating to the extraction of geothermal energy. The person required
to furnish the bond may elect to deposit a collateral bond, self-bond, cash, or any
alternative form of security approved by the commission, or combination thereof,
by which a permittee assures faithful performance of all requirements of this
chapter and the rules and orders of the industrial commission.
e. Metering or measuring all products extracted from or by means of a facility
regulated by this chapter.
f. That every person who operates a geothermal energy extraction facility in this
state shall keep and maintain complete and accurate records of the quantities
and nature of products extracted from or by means of any facility, and the ultimate
disposition of such products, which records must be available to the commission
or its agents at all times, and that every such person file with the commission
such reports as it may prescribe.
g. That upon termination of the operation of any facility or activity regulated by this
chapter, the operator of the facility shall restore the surface as nearly as possible
to its original condition and productivity.
2. To regulate:
a. The drilling, boring, excavating, and construction of all geothermal energy
extraction facilities.
b. Operations to assure the optimum performance of all facilities regulated under
this chapter.
3. To limit and prescribe the nature, quantity, and source of geothermal energy to be
extracted from any facility regulated by this chapter.
4. To adopt rules and issue orders to effectuate the purposes of this chapter.