The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Heyward Jeffers.
DIGEST
Present law provides for the permitting requirements for the underground storage of hazardous
wastes, natural gas, liquid hydrocarbons, carbon dioxide, and Class III brine extractions.
Present law provides that underground storage of hazardous wastes, natural gas, liquid
hydrocarbons, carbon dioxide and Class III brine extractions shall be in the public interest and for
a public purpose, and that such storage shall be determined by the commissioner to be suitable
and feasible, and not contaminate other formations containing fresh water, oil, gas, or other
commercial mineral deposits.
Present law requires public hearings on the issuance of permits for the underground storage of
hazardous wastes, natural gas, liquid hydrocarbons, carbon dioxide, and Class III brine
extraction.
Present law provides that the commissioner shall issue such orders, rules, and regulations as may
be necessary for the purpose of protecting any such underground storage reservoir, strata, or
formations against pollution or against the escape of hazardous wastes, natural gas, liquid
hydrocarbons, carbon dioxide, or Class III brine extractions therefrom, including such necessary
rules and regulations as may pertain to the drilling into or through such underground storage
reservoir.
Proposed law retains present law and provides for a ban on all underground storage of hazardous
wastes, liquid hydrocarbons, natural gas, carbon dioxide, Class III brine extractions and drilling
into or through such underground storage reservoirs, caverns and salt domes near moderate and
catastrophic disasters such as sinkholes and collapses in salt dome caverns.
Proposed law provides that such a ban on permits for underground activities near salt domes,
underground caverns or sink holes where moderate or catastrophic disasters have occurred shall
continue until the secretary of the Department of Natural Resources and industry have sufficient
time to review the current rules and regulations, examine the issues and promulgate new and
more stringent rules and regulations in accordance with the APA in order to determine if such
operations may be safely resumed.
Proposed law provides that permits for underground storage of hazardous wastes, liquid
hydrocarbons, natural gas, carbon dioxide, Class III brine extractions and drilling into or through
such underground storage reservoirs and caverns issued prior to the effective date of proposed
law shall require the approval of the secretary of the Department of Natural Resources before
such operations may continue.
Proposed law provides that bans on issuance of such permits shall further continue until the amended and upgraded permitting process is promulgated by the secretary of the Department of
Natural Resources and that process has been subjected to the oversight of the House Committee
on Natural Resources and Environment and the Senate Committee on Natural Resources and the
Senate Committee on Environmental Quality as provided for pursuant to R.S. 49:968.
Proposed law provides that no new permits shall be issued without a permitee providing a
performance bond, the amount of which shall be determined by the secretary of the Department
of Natural Resources.
Effective August 1, 2013.
(Adds R.S. 30:23.1)