La. Admin. Code tit. 43 § XIX-531

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIX-531 - Permitting Conditions

A. The Office of Conservation may refuse to issue, reissue, or reinstate a commercial facility or transfer station permit or authorization to the following:

1. any individual, partnership or other entity which has been found to have violated any provision of LAC 43:XIX.Subpart 1 (Statewide Order No. 29-B) or has other violations which include, but is not limited to, failure to provide for proper closure of an oil, gas or injection well, commercial facility, transfer station and/or other oilfield site, failure to pay all fees, or failure to pay all civil penalties;

2. any individual, partnership, corporation or other entity for which a general partner, an owner of more than 25 percent ownership interest, a trustee, or other individual having direct or indirect control of the entity has held a position of ownership and/or control in another partnership, corporation or other entity which has been found to have violated any provision of LAC 43:XIX.Subpart 1 (Statewide Order No. 29-B) or has other violations which include, but is not limited to, failure to provide for proper closure of an oil, gas or injection well, commercial facility, transfer station and/or other oilfield site, failure to pay all fees, or failure to pay all civil penalties;

3. any individual, partnership, corporation or other entity for which a general partner, an owner of more than 25 percent ownership interest, a trustee, or other individual having direct or indirect control of the entity has held a position of ownership and/or control in another partnership, corporation or other entity which has been found, either contemporaneously with or discovered later, to have submitted false or intentionally misleading reports or responses to the orders of the Office of Conservation.

B. The Office of Conservation may refuse to issue, reissue, or reinstate a commercial facility or transfer station permit or authorization to an individual or entity that has committed a violation of any provision of LAC 43:XIX.Subpart 1 (Statewide Order No. 29-B) or other violations which may subject it to the penalty set forth herein if any one of the following has occurred.

1. An order finding the violation has been entered against the individual or entity and all appeals have been exhausted or the individual or entity has failed to timely and appropriately request a hearing and the individual or entity is not in compliance or on a schedule for compliance with an order.

2. The Commissioner of Conservation and the individual or entity have entered into an agreed order relating to the alleged violation and the individual or entity is not in compliance or on a schedule of compliance with an order.

C. The commissioner may deny an application for a commercial facility or transfer station based upon the regulatory compliance history of the applicant required in §519. C 17, 18 and 19.

La. Admin. Code tit. 43, § XIX-531

Promulgated by the Department of Natural Resources, Office of Conservation LR 27:1908 (November 2001).

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