Current through Register Vol. 50, No. 9, September 20, 2024
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.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:4 et
seq.
