North Dakota

Spill Investigation Program

Agency North Dakota Department of Environmental Quality

The Spill Investigation Program of the North Dakota Department of Environmental Quality (DEQ) is listed among the programs of DEQ's Division of Water Quality. DEQ says the program, which the same page also calls the Spill Response Program, was first started in 2015 to more actively document and monitor oilfield and general contamination incidents of soil and water.

In a Phase I ESA

ASTM E1527-21 does not name state spill programs among its standard record sources. The record of reported incidents is on the Environmental Incident Reports page. This page covers the rules that decide what gets reported and when an incident closes.

Contamination found in a property transfer assessment is reportable. DEQ says that if any type of soil or water contamination is found during a property transfer assessment, or in the course of any other activity, it must be reported to DEQ, and that "The fact that it may have been a previously unknown or historic release does not eliminate the reporting requirements." The pages read do not say who must report contamination found this way; for a spill or discharge, DEQ's reporting page says the owner, operator, or person responsible must notify DEQ or the Department of Emergency Services as soon as possible.
Every spill must be reported. DEQ says all spills in North Dakota must be reported, with no material types, minimum volumes or industry restrictions, through the North Dakota Unified Spill Reporting System at spill.nd.gov, and that any release that could impact water, air or soil must be reported within 24 hours. A spill must also be reported immediately by phone, at 1-833-99SPILL (1-833-997-7455), if public health is or may be impacted, waters of the state are impacted or threatened, there are injuries or fatalities, there is a need for evacuation, or wildlife is immediately impacted.
The rule the page cites. DEQ's page says North Dakota Administrative Code 33.1-16-02.1-11, paragraph 4, requires any spill or discharge of liquid or solid (not gaseous) waste which may cause pollution of waters of the state to be reported immediately.

When an incident closes

DEQ says spill incidents remain open until laboratory sample results are within DEQ action levels or other sufficient documentation of successful remediation is received, previously vegetated areas have reached 75 percent or greater revegetation with desirable species, and all trash and debris from the remediation have been removed. Its spill FAQ says remediation action levels can be found in the North Dakota Water Quality Standards.

Closure does not end liability. DEQ defines closure as its determination that no further action is necessary for a remediation of a spill at this time, and adds: "Closure does not release the responsible party from liability and the site can be reopened at any time if the NDDEQ determines additional remediation is necessary." It says a no further action letter can become invalid at any time if DEQ determines additional remediation work is needed.

On farmland, DEQ says constituent levels lower than its action levels may be required to prevent loss of productivity on agricultural lands and subsequent private property damage, and that any such levels are negotiated between the landowner and the responsible party and do not require DEQ's involvement. Ask the owner whether such an agreement exists.

What the final report holds

DEQ requires a final report once remediation is complete, detailing the nature and cause of the release and the remedial actions taken. Its checklist includes the final laboratory confirmation results with the full laboratory report and chain-of-custody copies, a map of all confirmation sample locations, the current site status, and any waste disposal documentation. For a closed incident, the final report is the document to ask for.

Where to look a site up

The incident databases are on the Environmental Incident Reports page.
DEQ's reporting page lists important contact numbers: DEQ at 701-328-5210, the Oil and Gas Division at 701-328-8020, and the Department of Emergency Services at 701-328-8100.

Getting the file

DEQ takes open records requests at DEQOpenRecords@nd.gov, on its General Request Form for general records. What to put in a request is on the Open Records Requests page.

Sources

North Dakota Department of Environmental Quality pages, read October 13, 2026, no modified date shown: