La. Admin. Code tit. 43 § XVII-3105

Current through Register Vol. 50, No. 11, November 20, 2024

Section XVII-3105 - Permit Requirements

A. Applicability. No person shall convert or operate a non-commercial salt cavern waste disposal facility without first obtaining written authorization (permit) from the Office of Conservation.

B. Application Required. Applicants for a non-commercial salt cavern waste disposal facility, permittees with expiring permits, or any person required to have a permit shall complete, sign, and submit one original application form with required attachments and documentation and two copies of the same to the Office of Conservation. The complete application shall contain all information necessary to show compliance with applicable state laws and these regulations.

C. Who Applies. It is the duty of the owner or proposed owner of a facility or activity to submit a permit application and obtain a permit. When a facility or activity is owned by one person and operated by another, it is the duty of the operator to file and obtain a permit.

D. Signature Requirements. All permit applications shall be signed as follows.

1. Corporations. By a principle executive officer of at least the level of vice-president, or duly authorized representative of that person if the representative performs similar policy making functions for the corporation. A person is a duly authorized representative only if:

a. the authorization is made in writing by a principle executive officer of at least the level of vice-president;

b. the authorization specifies either an individual or position having responsibility for the overall operation of the salt cavern waste disposal facility, such as the position of plant manager, 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

c. the written authorization is submitted to the Office of Conservation.

2. Partnership or Sole Proprietorship. By a general partner or proprietor, respectively; or

3. Public Agency. By either a principle executive officer or a ranking elected official of a municipality, state, federal, or other public agency.

E. Signature Reauthorization. If an authorization under §3105. D is no longer accurate because a different individual or position has responsibility for the overall operation of the salt cavern waste disposal facility, a new authorization satisfying the signature requirements must be submitted to the Office of Conservation before or concurrent with any reports, information, or applications required to be signed by an authorized representative.

F. Certification. Any person signing a document under §3105. D shall make the following certification on the application:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and/or imprisonment."

La. Admin. Code tit. 43, § XVII-3105

Promulgated by the Department of Natural Resources, Office of Conservation, LR 29:917 (June 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.