2023 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; and
d. 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.