North Dakota Code § 38-22-12

Environmental protection - Reservoir integrity
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1. The commission shall take action to ensure that a storage facility does not cause 
pollution or create a nuisance. For the purposes of this provision and in applying other 
laws, carbon dioxide stored, and which remains in storage under a commission permit, 
is not a pollutant nor does it constitute a nuisance.
2. The commission's authority in subsection 1 does not limit the jurisdiction held by the 
department of environmental quality. Nothing else in this chapter limits the jurisdiction 
held by the department of environmental quality.
3. The commission shall take action to ensure that substances that compromise the 
objectives of this chapter or the integrity of a storage reservoir do not enter a storage 
reservoir.
4. The commission shall take action to ensure that carbon dioxide does not escape from 
a storage facility.

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