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Trucking company challenging big fine for dumping saltwater on county roads

A South Dakota company facing more than $900,000 in fines from the North Dakota Industrial Commission because a truck driver dumped saltwater on Williams County roads argues the Commission doesn’t have jurisdiction.

That argument is now before the North Dakota Supreme Court.

The Industrial Commission said a Black Hills Trucking company truck dumped saltwater on township roads three times between February and March of 2014.  The company admits those incidents happened. But it said it was already assessed a $459,000 fine from the state Health Department - $259,000 of which was suspended.

Attorney John Morrison represents Black Hills Trucking. He argued that the Health Department already has that jurisdiction, while the Industrial Commission doesn’t – and the company should not be fined by both agencies.

"If you read the Commission's rules, they have specific regulations on saltwater disposal wells and underground injection control, and all of those are aimed at facilities," Morrison told the Court. "They have no regulations that address teh disposal, or dumping, or discharging on roads."

Assistant Attorney General Hope Hogan represented the Industrial Commission. She told the Court the Commission does have that jurisdiction.

"It has jurisdiction to dispose of the waste cradle-to-grave," Hogan said. "Meaning once the waste is created at the well site, it (the Industrial Commission) is responsible to make sure that waste is properly disposed of. So when the waste leaves the well site, in a truck, you have concurrent jurisdiction by both agencies."

The high court has taken the case under advisement.

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