1. (1) Application for a permit under this section:

   1. (a) Any person who is required to have a permit shall complete, sign, and submit a permit application to the division.
   2. (b) When the owner and operator are different, it is the operator's duty to obtain a permit.
   3. (c) The division may not begin processing a permit until the applicant has fully complied with the application requirements for that permit and the division reviews the application for completeness.
   4. (d) The application must be complete before the permit is issued. An application for a permit is complete when the division receives an application form and any supplemental information that are completed to the division's satisfaction. The completeness of any application for a permit shall be judged independently of the status of any other permit application or permit for the same CO2 Sequestration facility or activity.
2. (2) The division cannot issue a permit on an area basis for a Class VI well or permit.

3. (3) Permit applications, reports, or information submitted to the division must comply with the following signature and certification requirements:

   1. (a) Any permit application must be signed as follows:

      1. (i) For a corporation by a principal executive officer of at least the level of vice president;
      2. (ii) For a partnership or sole proprietorship by a general partner or the proprietor, respectively;
      3. (iii) For a Limited Liability Company (LLC) by an authorized member or representative; or
      4. (iv) For a municipality, state, federal, or other public agency by either a principal executive officer or ranking elected official.

   2. (b) Reports required by permits and other information requested by the division must be signed by a person described in Subsection (a), or by an authorized representative of that person. A person is an authorized representative only if:

      1. (i) The authorization is made in writing by a person described in Subsection (a);
      2. (ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated CO2 Sequestration facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, or position of equivalent responsibility. An authorized representative may thus be either a named individual or any individual occupying a named position; and
      3. (iii) The written authorization is submitted to the division.
   3. (c) If an authorization under Subsection (b) is no longer accurate because a different individual or position has responsibility for the overall operation of the CO2 Sequestration facility, a new authorization pursuant to Subsection (b) must be submitted to the division prior to or together with any reports, information, or applications to be signed by an authorized representative.
   4. (d) Any person signing the application shall make the following certification statement: "I certify under penalty of law that this document and each attachment was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 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."

KEY: oil and gas law

Date of Last Change: July 31, 2025

Authorizing, and Implemented or Interpreted Law: 40-11-3