La. Admin. Code tit. 43 § XVII-3303

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

Section XVII-3303 - General Provisions

A. Applicability

1. These rules and regulations shall apply to all applicants, owners and/or operators of solution-mining wells in the state of Louisiana.

2. Rules governing the permitting, drilling, constructing, operating, and maintaining of Class III solution-mining wells previously codified in applicable sections of Statewide Order No. 29-N-1 (LAC 43:XVII, Subpart 1) or successor documents are now codified in Statewide Order No. 29-M-3 (LAC 43:XVII, Subpart 5) or successor documents.

3. An applicant, owner, and operator of a solution-mining well should become familiar with these rules and regulations to assure that the well and cavern shall comply with these rules and regulations.

B. Prohibition of Unauthorized Injection

1. The construction, conversion, or operation of a solution-mining well 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. Existing solution-mining wells in compliance with statewide order no. 29-N-1, but not in compliance with statewide order no. 29-M-3 as of February 20, 2014, were allowed to continue to operate for one year under statewide order no. 29-N-1. Within that year, the owner or operator was required to submit an alternate means of compliance or a request for a variance pursuant to §3303. F and/or present a corrective action plan to meet the requirements of statewide order no. 29-M-3. During the review period of the request until a final determination is made regarding the alternate means of compliance or variance and/or corrective action plan, the affected solution-mining well may continue to operate in compliance with statewide order no. 29-N-1 in effect prior to February 20, 2014 except they must conform to the provisions of §3301, §3303 G, §3309 B§3311. D.1 c, §3315, §3319. A and C, §3321. A and C, §3323 C, §3327, §3329, §3331, §3335, and §3337 of this Chapter which was effective as of February 20, 2014.

3. By February 20, 2015, the owner or operator was required to provide for review documentation of any variance previously authorized by the Office of Conservation. Based on that review, the commissioner may terminate, modify, or revoke and reissue the existing permit with the variance if it is determined that continued operations cannot be conducted in a way that is protective of the environment, or the health, safety, and welfare of the public. The process for terminating, modifying, or revoking and reissuing the permit with the variance is set forth in 3311.K. During the review period the affected solution-mining well may continue to operate in compliance with such variance. If the commissioner does not terminate, modify, or revoke and reissue the existing permit, the affected solution-mining well may continue to operate in compliance with such variance.

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

1. No authorization by permit shall allow the movement of injected or produced fluids into underground sources of drinking water or outside the salt stock. The owner or operator of the solution-mining well 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 fluids are 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 §3303. 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/Alternative Means of Compliance

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, variances, or alternative means of compliance to these rules and regulations. It shall be the obligation of the applicant, owner, or operator to show that the requested exception, variance, or alternative means of compliance, and any associated mitigating measures shall not result in an unacceptable increase of 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, variance, or alternative means of compliance. 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.

a. When injection does not occur into, through, or above an underground source of drinking water, the commissioner may authorize a Class III well or project with less stringent requirements for area of review, construction, mechanical integrity, operation, monitoring, and reporting than required herein to the extent that the reduction in requirements will not result in an increased risk of movements of fluids into an underground source of drinking water or endanger the public.

b. When reducing requirements under this Section, the commissioner shall issue a fact sheet in accordance with §3311.F explaining the reasons for the action.

2. Granting of exceptions or variances to these rules and regulations shall only be considered upon proper showing by the applicant, owner, or operator 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 commissioner may require public notice and a public hearing prior to granting any exception or variance if he determines it to be in the public interest or otherwise appropriate. The requester of the exception or variance shall be responsible for all costs associated with any public notice or public hearing.

3. Operators of solution-mining wells and/or caverns may operate in accordance with alternative means of compliance previously approved by the commissioner of conservation. Alternative means of compliance shall mean operations that are capable of demonstrating a level of performance, which meets or exceeds the standards contemplated by these regulations. Owners or operators of caverns existing at the time of these rules may submit alternative means of compliance to be approved by the commissioner of conservation. The commissioner may review and approve upon finding that the alternative means of compliance meet, ensure, and comply with the purpose of the rules and regulations set forth herein provided the proposed alternative means of compliance ensures comparable or greater safety of personnel and property, protection of the environment and public, quality of operations and maintenance, and protection of the USDW.

G. Additional Requirements

1. All tests, reports, logs, surveys, plans, applications, or other submittals whether required by these rules and regulations or submitted for informational purposes are required to bear the Louisiana Office of Conservation serial number of any solution-mining or hydrocarbon storage well associated with the submittal.

2. All applications, reports, plans, requests, maps, cross-sections, drawings, opinions, recommendations, calculations, evaluations, or other submittals including or comprising geoscientific work as defined by R.S. 37.711.1 et seq. and required by the Office of Conservation must be prepared, sealed, signed, and dated by a licensed professional geoscientist (P.G.) authorized to practice by and in good standing with the Louisiana Board of Professional Geoscientists.

3. All applications, reports, plans, requests, designs, specifications, details, calculations, drawings, opinions, recommendations, evaluations or other submittals including or comprising the practice of engineering as defined by La. R.S. 37.681 et seq. and required by the Office of Conservation must be prepared, sealed, signed, and dated by a licensed professional engineer (P.E.) authorized to practice by and in good standing with the Louisiana Professional Engineering and Land Surveying Board.

4. The commissioner may prescribe additional requirements for Class III wells or projects in order to protect USDWs and the health, safety, and welfare of the public.

La. Admin. Code tit. 43, § XVII-3303

Promulgated by the Department of Natural Resources, Office of Conservation, LR 40:318 (February 2014), Amended LR 42414 (3/1/2016), Amended LR 482303 (9/1/2022).

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