La. Admin. Code tit. 43 § XVII-3103

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

Section XVII-3103 - General Provisions

A. Applicability

1. These rules and regulations shall apply to all applicants, owners and/or operators of non-commercial salt cavern waste disposal facilities for disposal or proposed for disposal of E& P waste. However, where indicated, certain criteria found herein will also apply to commercial facility operators, in addition to the requirements of LAC 43:XIX.501 et seq.

2. These rules and regulations do not address creation of a salt cavern, rather, only the disposal of E&P waste into a salt cavern. Rules governing the permitting, drilling, constructing, operating, and maintaining of a Class III brine solution mining well and cavern are codified in applicable sections of Statewide Order No. 29-N-1 (LAC 43:XVII, Subpart 1) or successor documents.

3. An applicant, owner and/or operator of a salt cavern being solution-mined for conversion to E&P waste disposal should become familiar with these rules and regulations to assure that the well and salt cavern shall comply with these rules and regulations.

B. Prohibition of Unauthorized Disposal of Exploration and Production Waste

1. Construction, conversion and/or operation of a salt cavern for disposal of E& P waste without obtaining a permit from the Office of Conservation is a violation of these rules and regulations and applicable laws of the state of Louisiana.

2. Any salt cavern well or salt cavern existing before the effective date of these rules must comply with the requirements of these rules and regulations before converting the existing well and salt cavern to E& P waste disposal.

C. Prohibition on Movement of Fluids into Underground Sources of Drinking Water

1. No authorization by permit shall allow the movement of injected or disposed fluids into underground sources of drinking water or outside the salt stock. The owner or operator of the salt cavern waste disposal facility shall have the burden of showing that this requirement is met.

2. The Office of Conservation may take emergency action upon receiving information that injected or disposed fluid is present in or likely to enter an underground source of drinking water or may present an imminent and substantial endangerment to the environment, or the health, safety and welfare of the public.

D. Prohibition of Surface Discharges. The intentional, accidental, or otherwise unauthorized discharge of fluids, wastes, or process materials into manmade or natural drainage systems or directly into waters of the state is strictly prohibited.

E. Identification of Underground Sources of Drinking Water and Exempted Aquifers

1. The Office of Conservation may identify (by narrative description, illustrations, maps, or other means) and shall protect as an underground source of drinking water, except where exempted under §3103. E.2 all aquifers or parts of aquifers that meet the definition of an underground source of drinking water. Even if an aquifer has not been specifically identified by the Office of Conservation, it is an underground source of drinking water if it meets the definition.

2. After notice and opportunity for a public hearing, the Office of Conservation may identify (by narrative description, illustrations, maps, or other means) and describe in geographic and/or geometric terms (such as vertical and lateral limits and gradient) that are clear and definite, all aquifers or parts thereof that the Office of Conservation proposes to denote as exempted aquifers if they meet the following criteria:

a. the aquifer does not currently serve as a source of drinking water; and

b. the aquifer cannot now and shall not in the future serve as a source of drinking water because:

i. it is mineral, hydrocarbon, or geothermal energy producing or can be demonstrated to contain minerals or hydrocarbons that when considering their quantity and location are expected to be commercially producible;

ii. it is situated at a depth or location that makes recovery of water for drinking water purposes economically or technologically impractical;

iii. it is so contaminated that it would be economically or technologically impractical to render said water fit for human consumption; or

iv. it is located in an area subject to severe subsidence or catastrophic collapse; or

c. the total dissolved solids content of the groundwater is more than 3,000 mg/l and less than 10,000 mg/l and it is not reasonably expected to supply a public water system.

F. Exceptions/Variances

1. Except where noted in specific provisions of these rules and regulations, the Office of Conservation may allow, on a case-by-case basis, exceptions or variances to these rules and regulations. It shall be the obligation of the applicant, owner, or operator to show that the requested exception or variance shall not create an increased endangerment to the environment, or the health, safety and welfare of the public. The applicant, owner, or operator shall submit a written request to the Office of Conservation detailing the reason for the requested exception or variance. No deviation from the requirements of these rules or regulations shall be undertaken by the applicant, owner, or operator without prior written authorization from the Office of Conservation.

2. Granting of exceptions or variances to these rules and regulations shall only be considered upon proper showing by the applicant, owner, or operator at a public hearing that such exception or variance is reasonable, justified by the particular circumstances, and consistent with the intent of these rules and regulations regarding physical and environmental safety and the prevention of waste. The requester of the exception or variance shall be responsible for all costs associated with a public hearing.

G. Prohibition through Oilfield Site Restoration Fund. Without exception or variance to these rules and regulations, no solution-mined salt cavern or associated well shall be used for exploration and production waste disposal if the well or salt cavern was previously plugged and abandoned by or where site restoration has occurred pursuant to funding provided through the Oilfield Site Restoration Fund, R.S. 30:80 et seq. (Act 404 of 1993).

La. Admin. Code tit. 43, § XVII-3103

Promulgated by the Department of Natural Resources, Office of Conservation, LR 29:916 (June 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.