NDAC 43-05-01-07.1
Permitting
Cite as N.D. Admin. Code ยง 43-05-01-07.1
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.