North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-05 - Geologic Storage of Carbon Dioxide
Chapter 43-05-01 - Geologic Storage of Carbon Dioxide
Section 43-05-01-07.1 - Permitting

Universal Citation: ND Admin Code ยง 43-05-01-07.1

Current through Supplement No. 392, April, 2024

1. Application for a permit under this chapter:

a. Any person who is required to have a permit shall complete, sign, and submit a permit application to the commission.

b. When the owner and storage operator are different, it is the storage operator's duty to obtain a permit.

c. The commission shall not begin processing a permit until the applicant has fully complied with the application requirements for that permit.

d. The application must be complete before the permit is issued. An application for a permit is complete when the commission receives an application form and any supplemental information which are completed to the commission's satisfaction.

2. All permit applications, reports, or information submitted to the commission must comply with the following signature and certification requirements:

a. All permit applications must be signed as follows:
(1) For a corporation by a principal executive officer of at lease the level of vice president;

(2) For a partnership or sole proprietorship by a general partner or the proprietor, respectively; or

(3) For a municipality, state, federal, or other public agency by either a principal executive officer or ranking elected official.

b. All reports required by permits and other information requested by the commission must be signed by a person described in subdivision a, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described in subdivision a;

(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, or position of equivalent responsibility. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and

(3) The written authorization is submitted to the commission.

c. If an authorization under subdivision b is no longer accurate because a different individual or position has responsibility for the overall operation of the storage facility, a new authorization pursuant to subdivision b must be submitted to the commission prior to or together with any reports, information, or applications to be signed by an authorized representative.

d. Any person signing a document under subdivision a or b shall make certification under penalty of law that that person has personally examined and is familiar with the information submitted in the document and all attachments and that, based on inquiry of those individuals immediately responsible for obtaining the information, the person believes that the information is true, accurate, and complete. Further, the person shall certify awareness that there are significant penalties for submitting false information, including the possibility of a fine and imprisonment.

3. Applicants shall provide the following information to the commission:

a. The activities conducted by the applicant which require it to obtain a storage facility permit or other federal, state, or local permits;

b. Name, mailing address, and location of the storage facility for which the application is submitted;

c. Up to four standard industrial classification codes which best reflect the principal products or services provided by the facility;

d. The storage operator's name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity;

e. Whether the storage facility is located on Indian lands, historic or archaeological sites; and

f. A listing of all environmental permits, construction approvals, or any other relevant permit received or applied for from the commission or any other federal, state, or local regulatory agency.

4. Applicants shall retain records of all data used to complete permit applications and supplemental information until project completion. Upon project completion, the storage operator shall deliver any records required in this section to the commission.

5. Storage operators applying to drill a new injection well shall submit an application within a reasonable time before construction is expected to begin.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 38-22

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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