Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XVII - Office of Conservation-Injection and Mining › Subpart 1 - Statewide Order No. 29-N-1 › Chapter 1 - Class I, III, IV and V Injection Wells › Section XVII-107 - Legal Permit Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicability. The rules and regulations of this Section set forth legal
				  conditions for Class I, III, IV and V well permits.
B. Signatories. All reports required by
				  permits and other information requested by the commissioner shall be signed as
				  in applications by a person described in §105 D
C. Financial Responsibility. The permit shall
				  require the permittee to maintain financial responsibility and resources to
				  close, plug, and abandon the underground injection wells in a manner prescribed
				  by the commissioner. The permittee must show evidence of financial
				  responsibility to the commissioner by the submission of a surety bond, or other
				  adequate assurance, such as financial statements or other materials acceptable
				  to the commissioner.
D. Duty to
				  Comply. The permittee must comply with all conditions of a permit. Any permit
				  noncompliance constitutes a violation of the act and is grounds for enforcement
				  action, or permit termination, revocation and reissuance, or modification; or
				  for denial of a permit renewal application if the commissioner determines that
				  such noncompliance endangers underground sources of drinking water. The
				  permittee need not comply with the provisions of his permit to the extent and
				  for the duration such noncompliance is authorized in a (temporary) emergency
				  permit under §115
E. Duty to
				  Reapply. If the permittee wishes to continue an activity regulated by a permit
				  after the expiration date of this permit, the permittee must apply for and
				  obtain a new permit.
F. Duty to
				  Halt or Reduce Activity. It shall not be a defense for a permittee in an
				  enforcement action that it would have been necessary to halt or reduce the
				  permitted activity in order to maintain compliance with the conditions of this
				  permit.
G. Duty to Mitigate. The
				  permittee shall take all reasonable steps to minimize or correct any adverse
				  impact on the environment such as the contamination of underground sources of
				  drinking water resulting from noncompliance with this permit.
H. Proper Operation and Maintenance. The
				  permittee shall at all times properly operate and maintain all facilities and
				  systems of treatment and control (and related appurtenances) which are
				  installed or used by the permittee to achieve compliance with the conditions of
				  his 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.
I.
				  Inspection and Entry. Inspection and entry shall be allowed as prescribed in
				  R.S. of 1950, Title 30, Section 4.
J. Compliance. Except for Class III wells,
				  compliance with a permit during its term constitutes compliance, for purposes
				  of enforcement, with the act and these regulations.
K. Property Rights. The issuance of a permit
				  does not convey any property rights of any sort, or any exclusive privilege or
				  servitude.
L. Notification
				  Requirements
1. Planned Changes. The
				  permittee shall give notice to the commissioner as soon as possible of any
				  planned physical alterations or additions to the permitted facility which may
				  constitute a major modification of the permit.
2. Notice of Well Completion
a. A new injection well may not commence
				  injection until construction is complete, a notice of completion has been
				  submitted to the commissioner, and except for wells authorized by area permit
				  or rule, the commissioner has inspected or otherwise reviewed the injection
				  well and finds it is in compliance with the conditions of the permit.
b. The commissioner shall inspect the well
				  within 10 working days of the notice of completion required in §107.
				  L.2 a
c. If the permittee has not
				  received notice from the commissioner of his intent to inspect or review the
				  well or if the commissioner has not inspected or otherwise reviewed the new
				  injection well within 10 working days of the notice of completion in §107.
				  L.2 a, prior inspection or review is waived and the permittee may commence
				  injection.
3.
				  Anticipated Noncompliance. The permittee shall give advance notice to the
				  commissioner of any planned changes in the permitted facility or activity which
				  may result in noncompliance with permit requirements.
4. Transfers. A permit is not transferable to
				  any person except after notice to the commissioner. The commissioner may
				  require modification or revocation and reissuance of the permit to change the
				  name of the permittee and incorporate such other requirements as may be
				  necessary. (See §113)
5.
				  Compliance Schedules. Report of compliance or noncompliance with, or any
				  progress reports on, interim and final requirements contained in any compliance
				  schedule in these regulations shall be submitted to the commissioner no later
				  than 14 days following each schedule date.
6. Twenty-Four Hour Reporting
a. The permittee shall report to the
				  commissioner any noncompliance which may endanger health or the environment.
				  Any information pertinent to the noncompliance shall be reported by telephone
				  at (225) 342-5515 within 24 hours from the time the permittee becomes aware of
				  the circumstances. A written submission shall also be provided within five days
				  of the time the permittee becomes aware of the circumstances and shall contain
				  a description of the noncompliance and its cause; the period of noncompliance,
				  including exact dates and times, and if the noncompliance has not been
				  corrected, the anticipated time it is expected to continue; and steps taken or
				  planned to reduce, eliminate, and prevent reoccurrence of the
				  non-compliance.
b. The following
				  additional information must be reported within the 24-hour period provided
				  above:
i. any monitoring or other information
				  which indicates that any contaminant may cause an endangerment to a
				  USDW;
ii. any noncompliance with a
				  permit condition or malfunction of the injection system which may cause fluid
				  migration into or between USDW's.
7. The permittee shall notify the
				  commissioner at such times as the permit requires before conversion or
				  abandonment of the well or in the case of area permits before closure of the
				  project.
8. Other Noncompliance.
				  The permittee shall report all instances of noncompliance not reported under
				  §107. L.5 and 6, at the time quarterly reports are submitted. The reports
				  shall contain the information listed in §107. L 6
9. Other Information. Where the permittee
				  becomes aware that it failed to submit any relevant facts in a permit
				  application, or submitted incorrect information in a permit application or in
				  any report to the commissioner, it shall promptly submit such facts or
				  information.