Section 33.1-25-01-06 - Permitting1.Application for a permit.a. Any person who is required to have a permit shall complete, sign, and submit an application to the director.b. When the owner and operator are different, it is the operator's duty to obtain a permit.c. The application must be complete before the permit is issued.d. All applicants of class I wells shall provide information specified under title 40 CFR parts 144 and 146, sections 144.31(e) and 146.14(a) and (c) (for class I nonhazardous waste injection wells) or title 40 CFR part 146, sections 146.70(a), 146.71(a), and 146.72(a) (for class I hazardous waste injection wells).e. Applicants shall keep records of all data used to complete permit applications and supplemental information for at least three years from the date the application is signed.f. Operators of new injection wells, unless covered by an existing area permit, shall submit an application within a reasonable time before construction is expected to begin.2.Signatories to permit applications.a. All permits shall be signed as follows:(1) For a corporation: by a principal executive officer of at least the level of vice president.(2) For a partnership or sole proprietor: by a general partner or proprietor.(3) For a municipality, state, federal, or other public agency: by either a principal officer or authorized representative.b. A person is a duly authorized representative if the authorization: (1) Is made in writing by the legal signatory;(2) Specifies an individual or position having responsibility for the overall operation; and(3) Is submitted to the director either prior to or along with documents signed by the authorized representative.c. Changes in authorization must be in writing and submitted to the director.3.Duration of permits.a. Underground injection control permits for class I and class V wells shall be effective for a fixed term of not more than ten years;b. Except as provided in title 40 CFR part 144, section 37, the term of a permit shall not be extended by modification beyond the maximum duration specified in title 40 CFR part 144, section 144.36; andc. Any temporary permit issued under subsection 6 will be for no longer than ninety days, except that if a permit application has been submitted prior to the expiration of the ninety-day period, the director may extend the temporary permit until final action on the application.4.Transfer of permits.a. Any class V permit may be automatically transferred to a new permittee if: (1) The current permittee notifies the director at least thirty days prior to the proposed transfer date; and(2) The notice includes a written agreement between the existing and new permittee containing: (a) A specific date for transfer of permit responsibility, coverage, and liability; and(b) A demonstration that the new permittee meets the financial responsibility requirements. b. Permits for class I wells may be transferred only if the permit has been modified or revoked and reissued.5.Modification, revocation and reissuance, or termination of permits.a. Permits may be modified, revoked and reissued, or terminated at the request of any interested person or at the director's initiative if cause exists as specified under title 40 CFR part 144, section 144.39. All requests shall be in writing and shall contain facts or reasons supporting the request.b. If the director tentatively decides to modify or revoke and reissue a permit, the director shall prepare a draft permit incorporating the proposed changes. The director may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. In the case of revoked and reissued permits, the director shall require the submission of a new application.c. The following are causes for terminating a permit during its term or for denying a permit renewal application: (1) Noncompliance by the permittee with any permit condition;(2) Failure by the permittee to fully disclose all relevant facts or misrepresentation of relevant facts; or(3) A determination that the permitted activity endangers human health or the environment.d. If the director tentatively decides to terminate a permit, the director shall issue notice of intent to terminate.6.Emergency permits. The director may issue a temporary injection permit in accordance with title 40 CFR part 144, section 144.34, subject to the provisions of title 40 CFR part 144, section 144.34(a)(1), (2), and (3).N.D. Admin Code 33.1-25-01-06
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 61-28-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28-04, 61-28-06