La. Admin. Code tit. 43 § XVII-107

Current through Register Vol. 50, No. 11, November 20, 2024

Section XVII-107 - Legal Permit Conditions

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.

M. Duration of Permits

1. UIC permits for Class I and Class V wells shall be effective for a fixed term not to exceed 10 years. Permits for Class III wells shall be issued for a period up to the operating life of the facility. The commissioner shall review each issued Class III well or area permit at least once every five years to determine whether it should be modified, revoked and reissued, terminated, or a minor modification made.

2. The term of a permit shall not be extended by modification beyond the maximum duration specified in this Section, except as provided in §107. M.4 below.

3. The commissioner may issue, for cause, any permit for a duration that is less than the full allowable term under this Section.

4. The conditions of an expired permit may continue in force until the effective date of a new permit if the permittee has submitted a timely and a complete application for a new permit, and the commissioner, through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the previous permit (e.g., when issuance is impracticable due to time or resource constraints).

a. Permits continued under this Section remain fully effective and enforceable.

b. When the permittee is not in compliance with the conditions of the expiring or expired permit, the commissioner may choose to do any or all of the following:

i. initiate enforcement action based upon the permit which has been continued;

ii. issue a notice of intent to deny the new permit. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;

iii. issue a new permit under the requirements of these rules for issuing a new permit with appropriate conditions; or

iv. take other actions authorized by these regulations.

N. Schedules of Compliance. The permit may, when appropriate, specify a schedule of compliance leading to compliance with the act and these regulations.

1. Time for Compliance. Any schedules of compliance under this Section shall require compliance as soon as possible but not later than three years after the effective date of the permit.

2. Interim Dates. Except as provided in §107. N.2 b, if a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.

a. The time between interim dates shall not exceed one year.

b. If the time necessary for completion of any interim requirements (such as the construction of a control facility) is more than one year and is not readily divisible into stages for completion, the permit shall specify interim dates for submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

3. Reporting. The permit shall be written to require that progress reports be submitted no later than 30 days following each interim date and the final date of compliance.

O. Additional Conditions. The commissioner shall impose on a case-by-case basis such additional conditions as are necessary to protect underground sources of drinking water.

La. Admin. Code tit. 43, § XVII-107

Promulgated by the Department of Natural Resources, Office of Conservation, LR 8:83 (February 1982), amended LR 11:640 (June 1985), LR 27:1700 (October 2001).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:1 D, 4C(16), and 4.1.