1. (1) The operator must comply with each condition of a permit. Any permit noncompliance constitutes a violation of Title R644 and is grounds for enforcement action allowed under Title 40, Chapter 11, Part 3, Board authority -- Rulemaking authority, or permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application if the division determines that such noncompliance endangers USDWs.
2. (2) In an enforcement action, the operator may not use as a defense the reasoning that compliance could only be achieved by halting or reducing the permitted activity.
3. (3) The operator shall take every reasonable step to minimize or correct any adverse impact on the environment such as the contamination of USDW resulting from noncompliance with the permit.
4. (4) The operator shall maintain and properly operate any systems of treatment and control that are used at their facilities to achieve compliance within the conditions of their permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operation staffing and training, and adequate laboratory process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

5. (5) The operator shall allow the director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:

   1. (a) Enter upon the operator's premises where a regulated CO2 Sequestration facility or activity is located or conducted, or where records must be kept under the conditions of the permit;
   2. (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;
   3. (c) Inspect at reasonable times any facilities, equipment including monitoring and control equipment, practices, or operations regulated or required under the permit; and
   4. (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Safe Drinking Water Act, any substances or parameters at any location.
6. (6) Compliance with a permit during its term constitutes compliance, for purposes of enforcement, with Part C of the Safe Drinking Water Act.
7. (7) The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of state or local law or regulations.

KEY: oil and gas law

Date of Last Change: July 31, 2025

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