La. Admin. Code tit. 43 § XVII-605

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

Section XVII-605 - Permit Requirements, Application, Signatories

A. Applicability. The rules and regulations of this Section apply to all Class VI injection wells or project applications required to be filed with the Department of Natural Resources (Office of Conservation) for authorization under R.S. 1950 Title 30.

B. The commissioner cannot issue a permit on an area basis for a Class VI well or permit.

C. Application Required

1. Permit Application. New applicants, permittees, and any person required to have a permit shall complete, sign, and submit an application to the commissioner as described in this Section.

a. the applicant shall submit one signed paper version of the application and an exact duplicate of the application in an electronic format approved by the commissioner. The commissioner may request additional paper copies of the application, either in its entirety or in part, as needed.

b. the electronic version of the application shall contain the following certification statement:

This document is an electronic version of the application titled (Insert Document Title) dated (Insert Application Date). This electronic version is an exact duplicate of the paper copy submitted in (Insert the Number of Volumes Comprising the Full Application) to the Louisiana Office of Conservation.

c. The applicant shall submit the application identified in §605.C.1 above to the USEPA in an electronic format approved by the USEPA.

2. Time to Apply. Any person who performs or proposes an underground injection for which a permit is or will be required shall submit an application to the commissioner.

a. for new Class VI injection wells, a reasonable time before construction is expected to begin.

D. Who Applies. It is the duty of the owner of a facility or activity to submit an application for permit. When a facility is owned by one person and operated by another, it is the operator's duty to obtain a permit.

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

1. Corporations. By a principal 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 a sequestration well, 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. Limited Liability Company (LLC). By a member if the LLC is member-managed, by a manager if the LLC is manager-managed, or by a duly authorized representative only if:

a. the authorization is made in writing by an individual who would otherwise have signature authority as outlined in §605.E.2 above;

b. the authorization specifies either an individual or position having responsibility for the overall operation of a sequestration well, 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.

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

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

F. Signature Reauthorization. If an authorization under §605.E is no longer accurate because a different individual or position has responsibility for the overall operation of a sequestration well, 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.

G. Certification. Any person signing a document under §605.E shall make the following certification on the application:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

La. Admin. Code tit. 43, § XVII-605

Promulgated by the Department of Natural Resources, Office of Conservation, LR 4759 (1/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq., 30:22 et seq., and 30:1101 et seq.