§ 30:25 — Closure of production pits in the wetlands

§25. Closure of production pits in the wetlands
A.(1) In order to implement the provisions of Article IX, Section 1 of the
Constitution of Louisiana to protect, conserve, and replenish the natural resources of the
state, the Legislature of Louisiana hereby declares that the use of production pits in oil and
gas related activities is harmful to the wetland and marsh areas of the coastal zone of this
state and therefore such pits shall be closed in accordance with this Section.
(2) Each production pit located within the inland tidal waters, lakes bounded by the
Gulf of America, and saltwater marshes shall be closed by January 1, 1993. The Department
of Conservation and Energy shall adopt rules to enforce the provisions of this Section and
may issue compliance orders, cease and desist orders, and other orders as are necessary to
enforce the requirements of this Section and the rules of the department.
(3) The exemptions and exceptions for production pits located within the inland tidal
waters, lakes bounded by the Gulf of America, and saltwater marshes provided for by the
rules of the Department of Conservation and Energy in Statewide Order No. 29-B, Section
XV, Paragraph 2.2(K) and (M) are hereby declared null, void, and without effect. After June
30, 1989, no new production pits shall be constructed within the inland tidal waters, lakes
bounded by the Gulf of America, and saltwater marshes.
(4) For the purposes of this Section a "production pit" shall mean any pit, whether
permanent or temporary, that has been or is utilized in oil and gas activities or in the
operation of oil and gas related facilities; however, the term shall not include reserve pits,
compressor station pits, pits associated with the storage of petroleum products and petroleum
in saltdome caverns, and natural gas processing plant pits which collect and store process
water and stormwater runoff.
(5) The secretary may grant an extension of time within which to close production
pits, not to exceed two years from January 1, 1993, provided that there is a clear showing that
the production pit for which the extension is sought is being operated in such a manner so
as to assure the protection of soil, surface water, wildlife, aquatic life, and vegetation. The
department in consultation with the Department of Environmental Quality shall adopt rules
and regulations regarding the operating standards which must be followed in order to qualify
for such extension of time to close said production pit in accordance with the provisions of
this Section no later than April 1, 1990.
(6) The secretary may grant an exemption from the closure requirements of this
Section for any onshore terminal pit in existence on June 30, 1989, provided that there is a
clear showing that such pit is being operated in such a manner so as to assure the protection
of soil, surface water, wildlife, aquatic life, and vegetation. The secretary in consultation with
the Department of Environmental Quality shall adopt rules and regulations regarding the
operating standards of such onshore terminal pits which must be followed in order to qualify
for such exemption no later than April 1, 1990.
(7) No permit or approval from any agency, department, or authority other than the
Department of Conservation and Energy shall be required or sought in connection with any
activity mandated by, arising out of, or resulting from the requirements of this Section.
B. The rules provided for by this Section shall be devised, drafted, and adopted in
consultation with the Department of Environmental Quality. The rules shall:
(1) Provide for standards, testing, and requirements for the closure of production pits
so as to assure the protection of soil, surface water, ground water aquifers, underground
drinking water sources, wildlife, aquatic life, and vegetation.
(2) Require the submission of a closure plan for each pit by January 1, 1991.
(3) Require the testing of the sludge for the presence of radioisotopes.
(4) Provide for an exception for emergency pits and the standards for such pits.
(5) Provide for fees not to exceed the estimated cost of administering the provisions
of this Section.
C. The operator of each production pit shall be liable for the proper closure of such
pit in accordance with the provisions of this Section and the rules of the department and such
liability shall not be transferable to any other person. Any person who violates the provisions
of this Section or the rules of the department shall be subject to the following penalties:
(1) A civil fine of not less than five thousand dollars per day nor more than twenty-five thousand dollars per day for each day after January 1, 1993, for each production pit that
has not been closed in accordance with the provisions of this Section or the rules of the
department.
(2) Except as provided by Paragraph (1) of this Subsection, a civil fine of not more
than twenty-five thousand dollars for each violation of the provisions of this Section, the
rules of the department, or the orders of the secretary. For a continuing violation, each day
of such violation shall be considered a separate violation.
D. Civil penalties may be imposed only by a ruling of the secretary pursuant to an
adjudicatory hearing held in accordance with the Administrative Procedure Act, R.S. 49:950
et seq. In determining the amount of the fine to be imposed upon a violator, the secretary may
consider the nature of the violation, the economic benefit of the violation to the violator,
previous violations, any damage or harm caused by the violation, the degree of compliance,
and whether the violator has acted in good faith.
E. The secretary may institute civil proceedings in the Nineteenth Judicial District
Court to enforce its rulings. In the event judgment is rendered in said court affirming the civil
penalties assessed, the court shall also award to the department reasonable attorney fees and
judicial interest on said civil penalties from the date of its assessment by the department until
paid and all costs.
F. The secretary may institute civil proceedings in the Nineteenth Judicial District
Court seeking injunctive relief to restrain and prevent violations of the provisions of this Part
or of the rules and regulations adopted under the provisions of this Part. If the court grants
the injunctive relief sought by the department it shall also award reasonable attorney fees and
costs to the department.
G. The requirements, rules, and penalties provided for by this Section shall be in
addition to other requirements, rules, and penalties of the department and the Department of
Environmental Quality.
H. No penalty shall be assessed nor any civil action commenced, as provided herein,
without the person charged with said violation being given notice and an opportunity to be
heard on such charge. The person charged may waive a hearing on the issue of whether or
not a violation has occurred and his culpability for such violation and any other issue. When
a hearing on the violation is waived, a decision may be rendered upon the uncontested facts.
Any party against whom a fine or penalty is imposed may suspensively appeal said fine or
penalty to the court having jurisdiction over actions of the agency imposing said fine or
penalty. Any judgment obtained with regard to said fine or penalty shall be applied
retroactively to the date of imposition of the fine or penalty. Fines or penalties, if appealed,
shall not be payable until the judgment of the court becomes final.
I. Nothing in this Section shall apply to a landowner who granted a mineral lease on
his property and, under the provision of that lease, the lessee or his assignee, sublessee, or
employee constructed a pit on the property.

Legislative History

Acts 1989, No. 437, §1, eff. June 30, 1989; Acts 1990, No. 582, §1, eff. July 19, 1990; Acts 2023, No. 150, §5, eff. Jan. 10, 2024; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.