Title 30, Minerals, Oil, and Gas and Environmental Quality
0 chapters · 1,049 sections in this title.
La. Rev. Stat. § 30:82 Definitions
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§82. Definitions As used in this Part, the following terms shall have the meanings ascribed to them in this Section, unless the context or use clearly indicates otherwise: (1) "Bonds" means revenue bonds, notes, certificates, or other evidences of indebtedness issued by an issuer…
La. Rev. Stat. § 30:83 Oilfield site restoration; administration by the Department of Conservation and Energy
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§83. Oilfield site restoration; administration by the Department of Conservation and Energy A. The Natural Resources Trust Authority, under the direction of the secretary and subject to oversight by the State Mineral and Energy Board pursuant to R.S. 36:356.1, is authorized to pe…
La. Rev. Stat. § 30:83.1 Authorization of bonds
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§83.1. Authorization of bonds A.(1) An issuer is authorized to issue bonds pursuant to the provisions of R.S. 9:2341 through 2347 for the benefit of the trust authority, at the direction of the secretary, to raise funds for authorized purposes in accordance with the provisions of…
La. Rev. Stat. § 30:84 Powers of the secretary
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§84. Powers of the secretary A. The powers of the secretary shall include without limitation the power to do the following: (1) Make expenditures or commitments to make expenditures from the fund or disburse funds for the restoration of oilfield sites as he deems necessary and ap…
La. Rev. Stat. § 30:85 Powers of the secretary
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§85. Powers of the secretary A. The powers of the assistant secretary shall include without limitation the power to do the following, subject to the supervision of the secretary: (1) Adopt and promulgate rules and regulations implementing the administration of this Part. (2) Perf…
La. Rev. Stat. § 30:86 Oilfield Site Restoration Fund
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§86. Oilfield Site Restoration Fund A.(1) There is hereby established a fund in the custody of the state treasurer to be known as the Oilfield Site Restoration Fund, hereafter referred to as the "fund", into which the state treasurer shall, each fiscal year, deposit the revenues …
La. Rev. Stat. § 30:87 Oilfield site restoration fees
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§87. Oilfield site restoration fees A. There is hereby imposed on crude petroleum produced from producing wells in this state a fee on each barrel of oil and condensate as provided in this Section, payable upon the initial disposition of each barrel of oil and condensate. The fee…
La. Rev. Stat. § 30:88 Oilfield site trust accounts
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§88. Oilfield site trust accounts A. If an oilfield site is transferred from one party to another, a site-specific trust account may be established to separately account for each such site for the purpose of providing a source of funds for site restoration of that oilfield site a…
La. Rev. Stat. § 30:88.1 Oilfield site trust accounts for orphaned wells
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§88.1. Oilfield site trust accounts for orphaned wells A. Orphan wells. (1) For purposes of this Section, an orphan well shall mean an oil or gas well that is designated as part of an orphaned oilfield site as of August 1, 2016, and thereafter, and that has had no reported produc…
La. Rev. Stat. § 30:88.2 Orphan well rework program
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§88.2. Orphan well rework program A. Orphan wells. (1) For purposes of this Section, an orphan well shall mean an oil well that is designated as part of an orphaned oilfield site and that has had no reported production for a period of greater than twelve months immediately prior …
La. Rev. Stat. § 30:89 Non-orphan site restoration
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§89. Non-orphan site restoration A. After due notice and hearing and upon certification from the secretary that a responsible party has failed to undertake site restoration of an unusable oilfield site, the secretary is authorized to disburse such funds as are necessary for site …
La. Rev. Stat. § 30:89.1 Credits for judgments or compromises
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§89.1. Credits for judgments or compromises In the event an owner of a property interest in an oilfield site, or in other property affected by oil or gas exploration, development, or production activities on an oilfield site, obtains a final judgment from a court of competent jur…
La. Rev. Stat. § 30:9 Production from pool; drilling units; equitable share; rules and regulations
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§9. Production from pool; drilling units; equitable share; rules and regulations A. Whether or not the total production from a pool be limited or prorated, no rule, regulation, or order of the secretary shall in terms or effect: (1) Make it necessary for the producer from, or the…
La. Rev. Stat. § 30:9.1 Termination of units; conditions; procedure; issuance of orders
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§9.1. Termination of units; conditions; procedure; issuance of orders A. Any unit or units established pursuant to the authority contained in this Chapter shall, unless sooner terminated, extended or otherwise modified by order of the commissioner, remain in full force and effect…
La. Rev. Stat. § 30:9.2 Cross-unit well
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§9.2. Cross-unit well A. The following definitions shall apply where used in this Section: (1) "Cross-unit person" means an interested owner, interested party, or represented party as defined in LAC 43:XIX, other than a mineral lessee. (2) "Cross-unit well" means a well drilled h…
La. Rev. Stat. § 30:90 Natural Resources Trust Authority annual report to the legislature
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§90. Natural Resources Trust Authority annual report to the legislature A. The trust authority shall submit to the Senate Committee on Natural Resources, the House Committee on Natural Resources and Environment, and the Senate Committee on Environmental Quality before March first…
La. Rev. Stat. § 30:901 Short title
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§901. Short title This Chapter shall be known and may be cited as the "Louisiana Surface Mining and Reclamation Act." Added by Acts 1976, No. 141, §1.
La. Rev. Stat. § 30:902 Declaration of policy
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§902. Declaration of policy The legislature finds and declares that: A. The extraction of lignite and other forms of coal by surface mining operations is a basic and essential activity making an important contribution to the economic wellbeing of the state and nation. B. Proper r…
La. Rev. Stat. § 30:903 Purposes
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§903. Purposes A. It is hereby declared to be the purpose of this Chapter to avoid the adverse effects to society and the environment resulting from unregulated surface mining operations, as defined herein; to assure that surface mining operations are not conducted where reclamat…
La. Rev. Stat. § 30:904 Definitions
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§904. Definitions (1) "Act" means the Louisiana Surface Mining and Reclamation Act. (2) "Approximate original contour" means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, close…
La. Rev. Stat. § 30:905 Jurisdiction and powers; rules and regulations
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§905. Jurisdiction and powers; rules and regulations A. The Department of Conservation and Energy, or such persons as may be designated by the secretary, are hereby designated as the official agency whose duty it is to administer the regulations and guidelines contained in this C…
La. Rev. Stat. § 30:905.1 Abandoned mine reclamation; fund participation
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§905.1. Abandoned mine reclamation; fund participation A. The secretary is authorized to take all action necessary to ensure Louisiana's participation to the fullest extent practicable in the abandoned mines reclamation fund established by the Surface Mining Control and Reclamati…
La. Rev. Stat. § 30:905.2 Reclamation Plan
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§905.2. Reclamation Plan A. The office of conservation will submit to the secretary of the Interior a state reclamation plan to carry out the purposes of this Section. B. The state reclamation plan shall generally identify both coal and non-coal problem areas to be reclaimed, the…
La. Rev. Stat. § 30:905.3 Implementation of the plan
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§905.3. Implementation of the plan A.(1) If the secretary, after notice and hearing, makes a finding of fact that: (a) Land or water resources have been adversely affected by past solid mineral development practices; (b) The adverse effects are at a stage where, in the public int…
La. Rev. Stat. § 30:905.4 Exclusion and exemption of water resources
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§905.4. Exclusion and exemption of water resources A. Nothing in this Chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation. B. The operat…
La. Rev. Stat. § 30:906 Mining permits
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§906. Mining permits A. No person shall engage in or carry out on lands within the State any surface coal mining operations unless such person has first obtained a permit issued by the commissioner pursuant to this Chapter. B. All permits issued pursuant to the requirements of th…
La. Rev. Stat. § 30:906.1 Surface mining and reclamation fees
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§906.1. Surface mining and reclamation fees There is hereby imposed on all permittees under the supervision of the secretary pursuant to this Chapter, Surface Mining and Reclamation Act, an annual regulatory fee of eight cents per ton on all coal and lignite mined in this state a…
La. Rev. Stat. § 30:906.2 Collection of surface mining and reclamation regulatory fees
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§906.2. Collection of surface mining and reclamation regulatory fees A. The surface mining and reclamation regulatory fee shall be paid to the secretary of the Department of Revenue on a monthly basis and shall begin to accrue on July 1, 1986, and shall be paid using forms to be …
La. Rev. Stat. § 30:906.3 Department of Revenue; surface mining and reclamation fees
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§906.3. Department of Revenue; surface mining and reclamation fees A. Funds received by the Department of Revenue in the form of surface mining and reclamation fees shall be deposited immediately upon receipt to the state treasury. B, C. Repealed by Acts 1992, No. 984, §18. Acts …
La. Rev. Stat. § 30:907 Application requirements
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§907. Application requirements A. Each application for a surface coal mining and reclamation permit pursuant to this Chapter shall be accompanied by a fee as determined by the secretary, with such fee not to exceed the actual or anticipated cost of reviewing, administering and en…
La. Rev. Stat. § 30:908 Reclamation plan requirements
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§908. Reclamation plan requirements A. Each reclamation plan submitted as part of a permit application under the provisions of this Chapter shall include, in the degree of detail necessary to demonstrate that reclamation required by this Chapter and the regulations issued pursuan…
La. Rev. Stat. § 30:909 Performance bonds
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§909. Performance bonds A. After a surface coal mining and reclamation permit application has been approved but before such a permit is issued, the applicant shall file with the commissioner on a form prescribed and furnished by the commissioner a bond for performance payable, as…
La. Rev. Stat. § 30:91 Orphaned oilfield sites
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§91. Orphaned oilfield sites A. A site may be declared to be an orphaned oilfield site by the secretary upon a finding that: (1) No responsible party can be located, or such party has failed or is financially unable to undertake actions ordered by the secretary; and (2) The oilfi…
La. Rev. Stat. § 30:910 Permit approval or denial
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§910. Permit approval or denial A. Upon the basis of a complete mining application and reclamation plan or a revision or renewal thereof, as required by this Chapter, including public notification and an opportunity for a public hearing as required by R.S. 30:913, the commissione…
La. Rev. Stat. § 30:911 Revision of permits
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§911. Revision of permits A.(1) During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the commissioner. (2) An application for a revision of a permit shall not be approved unless the commis…
La. Rev. Stat. § 30:912 Coal exploration and development permits
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§912. Coal exploration and development permits A. Any person planning to conduct exploration operations as defined in this Chapter shall obtain an exploration permit from the commissioner prior to conducting such exploration operations. The commissioner shall adopt regulations co…
La. Rev. Stat. § 30:913 Public notice and public hearings
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§913. Public notice and public hearings A. At the time of submission of an application for a surface coal mining and reclamation permit, or revision of an existing permit, pursuant to the provisions of this Chapter, the applicant shall submit to the commissioner a copy of his adv…
La. Rev. Stat. § 30:914 Decisions of commissioner and appeals
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§914. Decisions of commissioner and appeals A. If an informal conference has been held pursuant to Section 913B, the commissioner shall, within sixty days after such conference, issue and furnish the applicant for a permit and persons who are parties to the administrative proceed…
La. Rev. Stat. § 30:915 Environmental protection performance standards
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§915. Environmental protection performance standards A. Any permit issued pursuant to this Chapter to conduct surface coal mining operations shall require that such surface coal mining operations will meet all applicable performance standards of this Chapter and the regulations i…
La. Rev. Stat. § 30:916 Confidentiality
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§916. Confidentiality Information submitted to the office of conservation pursuant to R.S. 30:912 as confidential concerning trade secrets or privileged commercial or financial information which relates to competitive rights shall not be available for public examination. Added by…
La. Rev. Stat. § 30:917 Inspections and monitoring
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§917. Inspections and monitoring A. For the purpose of the administration and enforcement of any permit under this Chapter, or of determining whether any person is in violation of any requirement of this Chapter: (1) The secretary shall require any permittee to (a) establish and …
La. Rev. Stat. § 30:918 Penalties
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§918. Penalties A. Any permittee who violates any permit condition or who violates any other provision of this Chapter, may be assessed a civil penalty by the commissioner, except that if such violation leads to the issuance of a cessation order under section 921, the civil penal…
La. Rev. Stat. § 30:919 Release of performance bonds or deposits
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§919. Release of performance bonds or deposits A. The permittee may file a request with the commissioner for the release of all or part of a performance bond or deposit. Within thirty days after any application for bond or deposit release has been filed with the commissioner, the…
La. Rev. Stat. § 30:92 Orphan site restoration
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§92. Orphan site restoration A. The secretary is hereby authorized to expend sums from the fund and enter into contracts for the purpose of site restoration on any site declared to be an orphaned oilfield site. The secretary may conduct site restoration, expend sums from the fund…
La. Rev. Stat. § 30:920 Citizen suits
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§920. Citizen suits A. After the state has assumed exclusive jurisdiction of surface coal mining operations as provided in Section 503 of Public Law 95-87,* and as long as the state retains such jurisdiction, then, except as provided in Subsection B of this Section, and subject t…
La. Rev. Stat. § 30:921 Enforcement
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§921. Enforcement A.(1) Whenever, on the basis of any information available to him, including receipt of information from any person, the secretary has reason to believe that any person is in violation of any requirement of this Chapter or any permit condition required by this Ch…
La. Rev. Stat. § 30:922 Designating areas unsuitable for surface coal mining
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§922. Designating areas unsuitable for surface coal mining A.(1) The commissioner shall establish a planning process enabling objective decisions to be made based upon competent and scientifically sound data and information as to which, if any, land areas of the State are unsuita…
La. Rev. Stat. § 30:923 Federal lands
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§923. Federal lands The commissioner may elect to enter into a cooperative agreement with the Secretary of the Interior to provide for state regulation of surface coal mining and reclamation operations on federal lands within the state, in which event the provisions and requireme…
La. Rev. Stat. § 30:924 Public agencies, public utilities, and public corporations
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§924. Public agencies, public utilities, and public corporations Any agency, unit, or instrumentality of federal, state, or local government, including any publicly owned utility or publicly owned corporation of federal, state, or local government, which proposes to engage in sur…
La. Rev. Stat. § 30:925 Review by commissioner
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§925. Review by commissioner A.(1) A permittee issued a notice or order by the commissioner pursuant to the provisions of R.S. 30:921(A)(2) and (3), or any person having an interest which is or may be adversely affected by such notice or order or by any modification, vacation, or…