North Dakota Supreme Court rules against Dunn County

BISMARCK—The North Dakota Supreme Court recently ruled that Dunn County does not have the authority through its zoning regulations to veto the state Industrial Commission's siting of an oil and gas waste treating plants.

According to court documents, the case goes back to August 2013, when Environmental Driven Solutions LLC received a permit from the Industrial Commission for a waste oil treating plant in Dunn County. The permit allowed EDS "to recycle and treat waste crude oil obtained from drilling operations ... and other waste crude oil related to oil and gas exploration and production."

The permit also noted, "treating plants must comply with all applicable local, state, and federal laws and regulations." Some area landowners objected to EDS's application, but representatives of the county did not object or appear at the hearing, the ruling states.

After EDS began constructing the treating plant, the county issued notices of "violation and order to abate," claiming the treating plant could not be constructed on the site because the property was zoned "rural preservation," and "salt water storage tank and similar facilities" were not an "allowed use."

Read more: http://www.thedickinsonpress.com/news/local/4234129-nd-supreme-court-rules-against-dunn-county