reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 89 - Rights of Entry › Section XV-8903 - Written Consent for Entry

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Written consent from the owner of record and lessee, or their authorized
				  agents, is the preferred means for obtaining agreements to enter lands in order
				  to carry out reclamation activities. Nonconsensual entry will be undertaken
				  only after due care and deliberation have exhausted all reasonable
				  possibilities of obtaining written consent.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 89 - Rights of Entry › Section XV-8905 - Entry and Consent to Reclaim

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The office or its agents, employees, or contractors, may enter upon land to
				  perform reclamation activities or conduct studies or exploratory work to
				  determine the existence of the adverse effects of past mining if consent from
				  the owner is obtained.
B. If
				  consent is not obtained, then, prior to entry under this Section, the board
				  shall find in writing with supporting reasons that:
1. land or water resources have been or may
				  be adversely affected by past coal mining practices;
2. the adverse effects are at a state where,
				  in the interest of the public health, safety or the general welfare, action to
				  restore, reclaim, abate, control or prevent the adverse effects of past coal
				  mining practices is not known or readily available, or the owner will not give
				  permission for the office, its agents, employees, or contractors to enter upon
				  such property to restore, reclaim, abate, control, or prevent the effects of
				  past mining practices.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 89 - Rights of Entry › Section XV-8907 - Entry for Emergency Reclamation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office, its agents, employees or
				  contractors shall have the right to enter upon any land where an emergency
				  exists and on any other land to have access to the land where the emergency
				  exists to restore, reclaim, abate, control or prevent the adverse effects of
				  coal mining practices and to do all things necessary to protect the public
				  health, safety or general welfare.
B. Prior to entry under this Section, the
				  office shall after notice and hearing make a finding of fact in accordance with
				  §30:905.4 of the Act.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 91 - Acquisition, Management and Disposition of Lands and Water › Section XV-9101 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  establishes procedures for acquisition of eligible land and water resources for
				  emergency and reclamation purposes by the office under an approved reclamation
				  program. It also provides for the management and disposition of lands acquired
				  by the state and establishes requirements for the redeposit of proceeds from
				  the use of land.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 91 - Acquisition, Management and Disposition of Lands and Water › Section XV-9103 - Land Eligible for Acquisition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Land
				  adversely affected by past coal mining practices may be acquired with monies
				  from the fund by the office if, after notice and hearing, the office finds that
				  acquisition is necessary for successful reclamation and that:
1. the acquired land will serve recreation,
				  historic, conservation and reclamation purposes or provide open space benefits
				  after restoration, reclamation, abatement, control or prevention of the adverse
				  effects of past coal mining practices; and
2. permanent facilities will be constructed
				  on the land for the restoration, reclamation, abatement, control or prevention
				  of the adverse effects of past coal mining practices.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 91 - Acquisition, Management and Disposition of Lands and Water › Section XV-9105 - Procedures for Acquisition

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  appraisal of all land or interest in land to be acquired shall be obtained by
				  the office. The appraisal shall state the fair market value of the land as
				  adversely affected by past mining and shall otherwise conform to the
				  requirements of the handbook on
Uniform Appraisal Standards for Federal
				  Land Acquisition
(Interagency Land Acquisition Conference,
				  1973).
B. When practical,
				  acquisition shall be by purchase from a willing seller. The amount paid for
				  interests acquired shall reflect the fair market value of the interests as
				  adversely affected by past mining.
C. When necessary, land or interest in land
				  may be acquired by condemnation. Condemnation procedures shall not be started
				  until all reasonable efforts have been made to purchase the land or interests
				  in lands from a willing seller.
D.
				  The office shall comply, at a minimum, with the Uniform Relocation Assistance
				  and Real Property Acquisition Policies Act of  1970, U.S.C. 4601, et seq., and
				  41 CFR Parts 114-50.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 91 - Acquisition, Management and Disposition of Lands and Water › Section XV-9107 - Acceptance of Gifts of Land

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  office, under an approved reclamation plan, may accept donations of title land
				  or interests in land.
B. Offers to
				  make a gift of land or interest in land shall be in writing and comply with
				  state regulations for donations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 91 - Acquisition, Management and Disposition of Lands and Water › Section XV-9109 - Management of Acquired Land

Current through Register Vol. 50, No. 6, June 20, 2024
A. Land
				  acquired under this Chapter may be used for any lawful purpose that is
				  consistent with the necessary reclamation activities. Procedures for collection
				  of user charges or the waiver of such charges by the office in conjunction with
				  the Office of State Lands shall be determined on the basis of the fair market
				  value of the benefits granted to the user, charges for comparable uses within
				  the surrounding area or the costs to the state for providing the benefit,
				  whichever is appropriate. The fee may be waived if found in writing that such a
				  waiver is in the public interest.
B. All use fees collected shall be deposited
				  in the Abandoned Mine Reclamation Fund in accordance with Chapter 83.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 91 - Acquisition, Management and Disposition of Lands and Water › Section XV-9111 - Disposition of Reclaimed Land

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior
				  to the disposition of any land acquired under this Chapter, the office shall
				  publish a notice of proposed land disposition, and hold public hearings as
				  contained in §905.4 of the Act.
B. The office may transfer administrative
				  responsibility for land acquired by the state to any state department or
				  agency, with or without cost to the department or agency. The office may
				  transfer title for land acquired by the state, to any agency or political
				  subdivision of the state, with or without cost to that entity. The agreement
				  under which a transfer is made shall specify:
1. the purposes for which the land may be
				  used, which shall be consistent with the authorization under which the land was
				  acquired; and
2. that the title or
				  administrative responsibility for the land shall revert to the office if, at
				  any time in the future, the office finds that the land is not used for the
				  purposes specified.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 93 - Reclamation on Private Land › Section XV-9301 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  authorized reclamation on private land and establishes procedures for recovery
				  of the cost of reclamation activities conducted on privately-owned land by the
				  office.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 93 - Reclamation on Private Land › Section XV-9303 - Appraisals

Current through Register Vol. 50, No. 6, June 20, 2024
A. A notarized
				  appraisal of the fair market value of private land to be reclaimed which may be
				  subject to a lien under
				  §9305 shall be
				  obtained from an independent appraiser.
B. A notarized appraisal of all land
				  reclaimed which was appraised under §9303. A shall also be obtained from
				  an independent appraiser. The appraisal shall state the market value of the
				  land as the appraisal shall not be started until actual completion of
				  reclamation activities.
C. The
				  landowner upon whose property a lien is filed is to be provided with a
				  statement of the increase in market value, an itemized statement of reclamation
				  expenses, and a notice that a lien is being or has been filed in accordance
				  with §9305
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 93 - Reclamation on Private Land › Section XV-9305 - Liens

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office has
				  the discretionary authority to place or waive a lien against land reclaimed if
				  the reclamation results in a significant increase in the fair market value
				  based on the appraisals obtained under §9303; however:
1. a lien shall not be placed against the
				  property of a surface owner who acquired title prior to May 2, 1977, and who
				  did not consent to participate in or exercise control over the mining operation
				  which necessitated the reclamation work;
2. the basis for making a determination of
				  what constitutes a significant increase in market value or what factual
				  situation constitutes a waiver of lien will be made by the office;
3. the lien may be waived by the office if
				  the reclamation work performed on private land primarily benefits health,
				  safety or environmental values of the greater community or area in which the
				  land is located, or if the reclamation is necessitated by an unforeseen
				  occurrence and the work performed to restore that land will not result in a
				  significant increase in the market value of the land as it existed immediately
				  before the occurrence.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 93 - Reclamation on Private Land › Section XV-9307 - Satisfaction of Liens

Current through Register Vol. 50, No. 6, June 20, 2024
A. A lien
				  placed on private property shall be satisfied, to the extent of the value of
				  the consideration received, at the time of transfer of ownership. Any
				  unsatisfied portion shall remain as a lien on the property.
B. The office shall maintain or renew the
				  lien from time to time as may be required under state or local law.
C. Monies derived from the satisfaction of
				  liens established under this Chapter shall be deposited in the Abandoned Mine
				  Reclamation Fund.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 95 - State Reclamation Plans › Section XV-9501 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  establishes the procedures and requirements for the preparation, submission and
				  approval of the reclamation plan.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 95 - State Reclamation Plans › Section XV-9505 - State Reclamation Plan Amendment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office may, at any time, submit to the
				  director of the Office of Surface Mining a proposed amendment or revision to
				  its approved reclamation plan. If the amendment or revision changes the
				  objectives, scope or major policies followed by the office in the conduct of
				  its reclamation program, the office shall include a description of the extent
				  of public involvement in the preparation of the amendment or
				  revision.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 95 - State Reclamation Plans › Section XV-9507 - Impact Assistance

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  reclamation plan may provide for construction of specific public facilities in
				  communities impacted by coal development. This form of assistance is available
				  when the governor has certified, and the director has concurred that:
1. all reclamation with respect to past coal
				  mining and with respect to the mining of other minerals and materials has been
				  accomplished;
2. the specific
				  public facilities are required as a result of coal development; and
3. impact funds which may be available under
				  the Federal Mineral Leasing Act of 1920, as amended, or the Act of October 20,
				  1978, Pub. L. 94-565 (9 Stat. 2662) are inadequate for such
				  construction.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9701 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  sets forth procedures for grants to the office for the reclamation of eligible
				  lands and water and other activities necessary to carry out the plan as
				  approved.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9703 - Eligibility for Grants

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  office is eligible for grants under this Chapter if it has a reclamation plan
				  approved under  30 CFR Part 284.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9705 - Coverage and Amount of Grants

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  office may use monies granted under this Chapter to administer the approved
				  reclamation program and to carry out the specific reclamation activities
				  included in the plan and described in the annual grant agreement. The monies
				  may be used to cover direct costs to the office for services and materials
				  obtained from other state agencies or local jurisdictions.
B. Grants shall be approved for reclamation
				  of eligible lands and water, construction of public facilities, program
				  administration, the incremental cost of filling voids and sealing tunnels with
				  waste from mine waste piles reworked for conservation purposes, and community
				  impact assistance. To the extent technologically and economically feasible,
				  public facilities that are planned, constructed or modified in whole or in part
				  with abandoned mine land grant funds should utilize fuel other than petroleum
				  or natural gas.
C. Acquisition of
				  land or interests in land and any mineral or water rights associated with the
				  land shall be approved for up to 90 percent of the costs.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9707 - Grant Period

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				  provided in §9705 B, the grant funding period for projects shall not
				  exceed three years. The grant period for administrative costs of the office
				  shall be for one year.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9709 - Annual Submission of Projects

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall cooperate with OSM in the
				  development of the annual submission of projects by providing the information
				  required for use by the director in the preparation of his requests for
				  appropriation of monies for the state reclamation grants. The schedule for such
				  estimates shall be determined by OSM on an annual basis. Funds required to
				  prepare the annual submission of projects may be included in administrative
				  grants under
				  30 CFR
				  886.12.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9711 - Grant Application Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. OSM shall act upon a grant application
				  within 90 days of submittal. If OSM approves the office's grant application, a
				  grant agreement shall be prepared and signed by the office and the
				  director.
B. If the application is
				  not approved, OSM shall set forth in writing the reasons for disapproval and
				  may propose modifications if appropriate. The office may resubmit the
				  application or appropriate revised portions of the application. OSM shall
				  approve or disapprove the resubmitted grant application within 30 days of the
				  resubmittal.
C. The office shall
				  use the application forms and procedures applicable to construction and/or
				  nonconstruction programs specified by OSM in accordance with Office of
				  Management and Budget Circular A-102, Attachment M. A preapplication is not
				  required if the total of the grant requested is within the amounts allocated to
				  the office.
D. The office shall
				  agree to perform the grant in accordance with the Act, OSM implementing
				  regulations, and applicable OMB and Treasury circulars.
E. Complete copies of plans and
				  specifications for projects shall not be required before the grant is approved
				  nor at the start of the project. The director may review such plans and
				  specifications after the start of the project in the Conservation Office or on
				  the project site.
F. A description
				  of the actual or planned public involvement in the decision to undertake the
				  work, in the planning of the reclamation activities, and in the decision on how
				  the land will be used after the reclamation, shall be included in the
				  application.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9713 - Grant Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				  director approves the office's grant application, OSM shall prepare a grant
				  agreement, which includes:
1. a statement of
				  the work to be covered by the grant;
2. a statement of the approvals of specific
				  actions as required under this Subchapter or of the conditions to be met before
				  such approvals can be given if monies are included in the grant for such
				  actions;
3. the amounts approved
				  for each individual project included in the grant application; and
4. allowable transfers of funds to other
				  state or local agencies.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9715 - Grant and Budget Revisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Grant
				  Revisions
1. A grant revision is a written
				  alteration of the terms or conditions of the grant agreement, whether
				  accomplished on the initiative of OSM or the office. All procedures for the
				  grant revisions shall conform to OMB Circular A-102.
2. The office shall promptly notify the
				  director, or the director will promptly notify the office, in writing of events
				  or proposed changes, which may require a grant revision. The office shall
				  notify the director in advance of:
a. planned
				  changes in the scope or objective of any individual project even if the change
				  will not result in a change in the total cost of the project; and
b. planned changes which will result in an
				  extension of the grant period.
3. The director will notify the office of the
				  approval or disapproval of each proposed grant revision within 30 days of
				  receipt thereof.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9717 - Audit

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall
				  arrange for an independent audit at least once every two years, pursuant to the
				  requirements of Office of Management and Budget Circular No. A-102. The audit
				  will be performed in accordance with the
Standards for Audit of
				  Governmental Organizations, Programs, Activities, Functions
published
				  by the comptroller general of the United States and audit guides provided by
				  the Department of the Interior.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9719 - Administrative Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  office shall follow administrative procedures governing accounting, payment,
				  property and related requirements contained in Office of Management and Budget
				  Circular No. A-102.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9721 - Allowable Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Reclamation
				  project costs which shall be allowed include actual costs of construction,
				  operation and maintenance, planning and engineering, construction, inspection,
				  other necessary administration costs and up to 90 percent of the costs of the
				  acquisition of land.
B. Costs must
				  conform with any limitation, conditions or exclusions set forth in the grant
				  agreement.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9723 - Financial Management

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  office shall account for grant funds in accordance with the requirements of
				  Office of Management and Budget Circular No. A-102. The office shall use
				  generally accepted accounting principles and practices consistently applied.
				  Accounting for grant funds must be accurate and current.
B. The office shall adequately safeguard all
				  accounts, funds, property and other assets and shall assure that they are used
				  solely for authorized purposes.
C.
				  The office shall provide a comparison of actual amounts spent with budgeted
				  amounts for each grant.
D. When
				  advances are made by a letter-of-credit method, the office shall make drawdowns
				  from the U.S. Treasury through its commercial bank as closely as possible to
				  the time of making the disbursements.
E. The office shall design a systematic
				  method to assure timely and appropriate resolution of audit findings and
				  recommendations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9725 - Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall
				  for each grant/cooperative agreement submit semiannually to OSM the following
				  reports prepared according to Office of Management and Budget Circular No.
				  A-102, Attachments H and I:
1. Financial
				  Status Report, Form SF-269 for the agency's administrative grant/cooperative
				  agreement and the Performance Report, Form OSM-51 covering the performance
				  aspects of the grant/cooperative agreement; and
2. Outlay Report and Request for
				  Reimbursement for Construction Programs, Form SF-271 and the Performance
				  Report, Form OSM-51 for each activity or project including projects previously
				  funded or completed during the period.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 97 - State Reclamation Grants › Section XV-9727 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall
				  maintain complete records in accordance with Office of Management and Budget
				  Circular No. A-102, Attachment C. This includes, but is not limited to, books,
				  documents, maps and other evidence and accounting procedures and practices
				  sufficient to reflect properly:
1. the amount
				  and disposition by the office of all assistance received for the program;
				  and
2. the total direct and
				  indirect costs of the program for which the grant was awarded.
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-103 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicability. These rules and regulations apply to all owners and operators of
				  proposed and existing Class I, III, IV, and V injection wells in the state of
				  Louisiana. For Class I wells, these rules shall only apply to nonhazardous
				  waste disposal as described in §103. C.1.b and c. below. Applicable rules
				  for Class I hazardous waste disposal is in Statewide Order No. 29-N-2 (LAC
				  43:XVII.Chapter 2).
B. Prohibition
				  of Unauthorized Injection. Any underground injection, except as authorized by a
				  permit or rule, is prohibited after the effective date of these regulations.
				  Construction of any well required to have a permit under these regulations is
				  prohibited until the permit has been issued.
C. Classification of Injection Wells
1. Class I
a. Wells used by generators of hazardous
				  wastes or owners or operators of hazardous waste management facilities to
				  inject hazardous waste beneath the lowermost formation containing, within 1/4
				  mile radius of the well bore, an underground source of drinking
				  water.
b. Other industrial and
				  municipal disposal wells which inject fluids beneath the lowermost formation
				  containing an underground source of drinking water within 1/4 mile radius of
				  the well bore.
c. Radioactive waste
				  disposal wells which inject fluids below the lowermost formation containing an
				  underground source of drinking water within 1/4 mile of the well bore. This
				  classification of radioactive waste disposal wells does not affect the disposal
				  of naturally occurring radioactive material (NORM) in Class II wells as part of
				  oil and gas exploration and production operations. The injection of wastes
				  associated with oil and natural gas exploration and production, including such
				  wastes containing NORM, are regulated under the appropriate Class II
				  regulations.
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-105 - Permit Application Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability. The rules and regulations
				  of this Section apply to all Class I and III injection wells or project
				  applications required to be filed with the Department of Natural Resources
				  (Office of Conservation) for authorization under R.S. 1950 Title 30.
B. Application Required
1. Permit Application. New applicants,
				  permittees with expiring permits, and any person required to have a permit
				  shall complete, sign, and submit an application in triplicate to the
				  commissioner as described in this Section. Persons currently authorized with
				  interim status under the Resource Conservation and Recovery Act (RCRA) or
				  authorized by rule shall apply for permits when required by the commissioner
				  (see §105. B 2
2. Time to
				  Apply. Any person who performs or proposes an underground injection for which a
				  permit is or will be required shall submit an application to the commissioner
				  as follows:
a. for existing Class I and III
				  wells or projects no later than four years after inauguration of the UIC
				  program and according to the schedule of repermitting established by the
				  commissioner;
b. for existing Class
				  I commercial facilities injecting hazardous waste, within six months of the
				  effective date of the UIC program;
c. for new Class I injection wells, a
				  reasonable time before construction is expected to begin; or
d. for new Class III injection wells, except
				  new wells covered by an existing area permit, a reasonable time before
				  construction is expected to begin.
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-113 - Permit Modification, Revocation and Reissuance, Termination, Transfer or Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicability. The rules of this Section set forth the standards and
				  requirements for applications and actions concerning modification, revocation
				  and reissuance, termination, transfer and renewal of permits.
B. Permit Actions
1. The permit may be modified, revoked and
				  reissued, or terminated for cause.
2. The permittee shall furnish to the
				  commissioner, within 30 days, any information which the commissioner may
				  request to determine whether cause exists for modifying, revoking and
				  reissuing, or terminating a permit, or to determine compliance with the permit.
				  The permittee shall also furnish to the commissioner, upon request, copies of
				  records required to be kept by the permit.
3. The commissioner may, upon his own
				  initiative or at the request of any interested person, review any permit to
				  determine if cause exists to modify, revoke and reissue, or terminate the
				  permit for the reasons specified in §113 C, D, and E. All requests shall
				  be in writing and shall contain facts or reasons supporting the
				  request.
4. If the commissioner
				  decides the request is not justified, he shall send the person making the
				  request a brief written response giving a reason for the decision. Denials of
				  requests for modification, revocation and reissuance, or termination are not
				  subject to public notice, comment, or hearings.
5. If the commissioner decides to modify or
				  revoke and reissue a permit under §113 C, D, and E, he shall prepare a
				  draft permit under §111. C incorporating the proposed changes. The
				  commissioner may request additional information and, in the case of a modified
				  permit, may require the submission of an updated permit application. In the
				  case of revoked and reissued permits, the commissioner shall require, if
				  necessary, the submission of a new application.
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-115 - Emergency or Temporary Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicability. The provisions for this Section set the standards applicable to
				  emergency or temporary permits for all Class I, III, IV, and V wells.
B. Coverage. Notwithstanding any other
				  provision of this Section, the commissioner may temporarily permit a specific
				  underground injection which has not otherwise been authorized by rule or permit
				  if an imminent and substantial endangerment to the health of persons will
				  result unless a temporary emergency permit is granted. The permittee need not
				  comply with the provisions of the permit to the extent and for the duration
				  that noncompliance is authorized in a temporary emergency permit.
C. Requirements for Issuance
1. Any temporary permit under this Section
				  shall be for no longer term than required to prevent the hazard.
2. Notice of any temporary permit under this
				  Section shall be published in accordance with §111. E within 10 days of
				  the issuance of the permit.
3. The
				  temporary permit under this Section may be either oral or written. If oral, it
				  must be followed within five calendar days by a written temporary emergency
				  permit.
4. The commissioner shall
				  condition the temporary permit in any manner he determines is necessary to
				  ensure that the injection will not result in the movement of fluids into an
				  underground source of drinking water.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XVII - Office of Conservation-Injection and Mining › Subpart 2 - Statewide Order No. 29-N-2 › Chapter 2 - Class I Hazardous Waste Injection Wells › Section XVII-203 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicability. The rules and regulations of this Section apply to all owners
				  and operators of proposed and existing Class I hazardous waste injection wells
				  in the state of Louisiana.
B.
				  Prohibition of Unauthorized Injection. Any underground injection, except as
				  authorized by a permit, is prohibited after the effective date of these
				  regulations. Construction of any well required to have a permit under these
				  regulations is prohibited until the permit has been issued.
C. Classification of Class I Wells
1. Class I Hazardous Waste Injection Wells.
				  Wells used by generators of hazardous wastes or owners or operators of
				  hazardous waste management facilities to inject hazardous waste beneath the
				  lowermost formation containing, within 1/4 mile radius of the well bore, an
				  underground source of drinking water.
2. Class I Nonhazardous Waste Injection
				  Wells. Other industrial and municipal disposal wells which inject fluids
				  beneath the lowermost formation containing an underground source of drinking
				  water within 1/4 mile radius of the well bore.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XVII - Office of Conservation-Injection and Mining › Subpart 2 - Statewide Order No. 29-N-2 › Chapter 2 - Class I Hazardous Waste Injection Wells › Section XVII-205 - Permit Application Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability. The rules and regulations
				  of this Section apply to all Class I hazardous waste injection wells required
				  to be filed with the Department of Natural Resources, Office of Conservation,
				  for authorization under R.S. 1950 Title 30.
B. Application Required
1. Permit Application. New applicants,
				  permittees with expiring permits, and any person required to have a permit
				  shall complete, sign, and submit an application in triplicate to the
				  commissioner as described in this Section.
2. Time to Apply. Any person who performs or
				  proposes a Class I hazardous waste injection well for which a permit is or will
				  be required shall submit an application to the commissioner a reasonable time
				  before construction of the new well is expected to begin.
3. All applicants for a new Class I hazardous
				  waste injection well shall comply with and submit to the commissioner, as part
				  of the permit application, all the information listed in §205 A, B, C, D
				  and E concerning new wells including those applicable amended portions of the
				  aforementioned paragraphs as listed below. This information shall be submitted
				  in conjunction with the appropriate application form.
4. For an existing Class I hazardous waste
				  injection well, the applicant shall comply with and submit to the commissioner,
				  as part of the permit application, all the information listed in §205 A,
				  B, C, D and E concerning existing wells including those applicable amended
				  portions of the aforementioned paragraphs as listed below except for those
				  items of information which are current, accurate, and available in the existing
				  permit file. This information shall be submitted in conjunction with the
				  appropriate application form.
5.
				  For both new and existing Class I hazardous waste injection wells, certain
				  maps, cross-sections, tabulations of wells within the area of review and other
				  data may be included in the application by reference provided they are current
				  and readily available to the commissioner and sufficiently identifiable to be
				  retrieved.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XVII - Office of Conservation-Injection and Mining › Subpart 2 - Statewide Order No. 29-N-2 › Chapter 2 - Class I Hazardous Waste Injection Wells › Section XVII-209 - Technical Criteria and Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability. This Section establishes
				  technical criteria and standards for the regulation of Class I hazardous waste
				  injection wells.
B. Area of Review
1. The area of review for each Class I
				  hazardous waste injection well shall be a fixed radius of no less than 2 miles
				  around the well or shall be determined by the calculated cone of influence of
				  the well, whichever is greater.
2.
				  All known unplugged, improperly plugged and abandoned, or improperly
				  constructed wells in the area of review which penetrate the confining of
				  injection zone are subject to the corrective action requirements of §209 C
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XVII - Office of Conservation-Injection and Mining › Subpart 2 - Statewide Order No. 29-N-2 › Chapter 2 - Class I Hazardous Waste Injection Wells › Section XVII-211 - Permitting Process

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicability. This Section contains procedures for issuing UIC permits for
				  Class I hazardous waste injection wells other than emergency (temporary)
				  permits.
B. Application Submission
				  and Review
1. Any person required to have a
				  UIC permit shall submit an application to the Office of Conservation as
				  outlined in §205
2. Check
				  for completeness:
a. the commissioner shall
				  not issue a permit before receiving an application form and any required
				  supplemental information which are completed to his satisfaction;
b. each application for a permit submitted
				  for a Class I hazardous waste injection well will be reviewed for completeness
				  by the commissioner and the applicant will be notified of the commissioner's
				  decision within 90 days of its receipt; and
c. for each application for a Class I
				  hazardous waste injection well permit, the commissioner shall, no later than
				  the date the application is ruled complete, prepare and mail to the applicant a
				  project decision schedule. The schedule shall specify target dates by which the
				  commissioner intends to:
i. prepare a draft
				  permit;
ii. give public
				  notice;
iii. complete the public
				  comment period, including any public hearing; and
iv. issue a final permit.
3. Incomplete
				  Applications
a. If the application is
				  incomplete, the commissioner shall list in the notification in §211.
				  B.2 b, the information necessary to make the application complete. The
				  commissioner shall notify the applicant when an application is complete. The
				  commissioner may request additional information from an applicant only when
				  necessary to clarify, modify, or supplement previously submitted material.
				  Requests for such additional information will not render an application
				  incomplete.
b. If an applicant
				  fails or refuses to correct deficiencies found in the application, the permit
				  may be denied and, for existing wells, appropriate enforcement actions may be
				  taken under the applicable statutory provision.
4. If the commissioner decides that a site
				  visit is necessary for any reason in conjunction with the processing of an
				  application, he shall notify the applicant, state the reason for the visit, and
				  a date shall be scheduled.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XVII - Office of Conservation-Injection and Mining › Subpart 2 - Statewide Order No. 29-N-2 › Chapter 2 - Class I Hazardous Waste Injection Wells › Section XVII-213 - Permit Modification, Revocation and Reissuance, Termination, Transfer or Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicability. The rules of this Section set forth the standards and
				  requirements for applications and actions concerning modification, revocation
				  and reissuance, termination, transfer and renewal of permits.
B. Permit Actions
1. The permit may be modified, revoked and
				  reissued, or terminated for cause.
2. The permittee shall furnish to the
				  commissioner, within 30 days, any information which the commissioner may
				  request to determine whether cause exists for modifying, revoking and
				  reissuing, or terminating a permit, or to determine compliance with the permit.
				  The permittee shall also furnish to the commissioner, upon request, copies of
				  records required to be kept by the permit.
3. The commissioner may, upon his own
				  initiative or at the request of any interested person, review any permit to
				  determine if cause exists to modify, revoke and reissue, or terminate the
				  permit for the reasons specified in §213 C, D and E. All requests shall
				  be in writing and shall contain facts or reasons supporting the
				  request.
4. If the commissioner
				  decides the request is not justified, he shall send the person making the
				  request a brief written response giving a reason for the decision. Denials of
				  requests for modification, revocation and reissuance, or termination are not
				  subject to public notice, comment, or hearings.
5. If the commissioner decides to modify or
				  revoke and reissue a permit under §213 C, D or E, he shall prepare a
				  draft permit under §211. C incorporating the proposed changes. The
				  commissioner may request additional information and, in the case of a modified
				  permit, may require the submission of an updated permit application. In the
				  case of revoked and reissued permits, the commissioner shall require, if
				  necessary, the submission of a new application.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XVII - Office of Conservation-Injection and Mining › Subpart 2 - Statewide Order No. 29-N-2 › Chapter 2 - Class I Hazardous Waste Injection Wells › Section XVII-215 - Emergency or Temporary Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicability. The provisions for this Section set the standards applicable to
				  emergency or temporary permits for Class I hazardous waste injection
				  wells.
B. Coverage. Notwithstanding
				  any other provision of this Section, the commissioner may temporarily permit a
				  specific underground injection which has not otherwise been authorized by rule
				  or permit if an imminent and substantial endangerment to the health of persons
				  will result unless a temporary emergency permit is granted. The permittee need
				  not comply with the provisions of the permit to the extent and for the duration
				  that noncompliance is authorized in a temporary emergency permit.
C. Requirements for Issuance
1. Any temporary permit under this Section
				  shall be for no longer term than required to prevent the hazard.
2. Notice of any temporary permit under this
				  Subsection shall be published in accordance with §211. E within 10 days of
				  the issuance of the permit.
3. The
				  temporary permit under this Subsection may be either oral or written. If oral,
				  it must be followed within five calendar days by a written temporary emergency
				  permit.
4. The commissioner shall
				  condition the temporary permit in any manner he determines is necessary to
				  ensure that the injection will not result in the movement of fluids into an
				  underground source of drinking water or outside of the injection
				  zone.