NY Env Conserv L § 23-1301 (2021)
2021 New York Laws ENV - Environmental Conservation Article 23 - Mineral Resources Title 13 - Underground Storage of Gas 23-1301 - Procedure for Obtaining Underground Storage Permit.

§ 23-1301. Procedure for obtaining underground storage permit.1. No underground reservoir shall be devoted to the storage of gas, or   liquefied  petroleum gas unless the prospective operator of such storage   reservoir shall have received from the  department,  after  approval  in   writing  of  the  state  geologist,  an underground storage permit which   shall be in full force. The application for said  permit  shall  include   the following:a.  A  map  showing  the  location  and  boundaries  of  the  proposed   underground storage reservoir.b. A report containing sufficient data to show that the  reservoir  is   adaptable for storage purposes.c.  An affidavit signed by the prospective operator to the effect that   he has acquired by grant, lease or other agreement at least seventy-five   percent of the storage rights in said reservoir and in the  buffer  zone   established  to  protect  the  reservoir  as approved by the department,   calculated on the basis of surface acreage;  and  such  affidavit  shall   also  set  forth  that  the  applicant  will agree as a condition to the   issuance of such permit that it will thereafter within a reasonable time   either acquire by negotiation, or file  and  proceed  with  condemnation   proceedings  to acquire, any outstanding storage rights in the remaining   reservoir and buffer zone acreage.d. Such other information as the department may require.2. The permit shall be  granted  within  ninety  days  of  application   unless  the  department  finds  that the application and the information   submitted with it do not meet the  requirements  of  this  section.  The   department may revoke or suspend any underground storage permit in force   hereunder  for  failure  to  comply  with  any  of its provisions or for   failure to comply with subdivision 4 of this section.3. Subdivisions 1 and 2 of this section shall not apply to underground   storage reservoirs or the storage of  gas  therein  provided  that  such   reservoirs have been placed in operation prior to October 1, 1963 and so   long as such operation is not abandoned.4. Every operator shall file with the department on or before December   31  of  each  year,  a  report  with respect to each underground storage   reservoir operated by him showing any change in:a. The estimated size in surface acreage or shape of the reservoir and   the buffer zone if any;b. His estimate of total capacity of the reservoir;c. His estimate of working capacity of the reservoir; andd. Any other engineering, geological or operational data that  may  be   requested by the department.5.  The applicant for a permit for the following purposes shall submit   with his application the following fees:a. for a new underground storage reservoir,  a  fee  of  ten  thousand   dollars.b.  for  a  modification  of  the  storage  capacity  of  an  existing   underground storage reservoir, a fee of five thousand dollars.6. No permit issued hereunder and no provision of this  article  shall   be  construed  to  diminish  or  impair  the  jurisdiction of the Public   Service Commission  with  respect  to  regulation  of  the  manufacture,   transportation, distribution or sale of gas.