§ 30:74 — Abandoned oilfield waste sites; notification; clean up

§74. Abandoned oilfield waste sites; notification; clean up
A.(1) Whenever any responsible person, owner, or operator of any abandoned waste
site obtains information that indicates that oilfield waste is spilling, discharging, or otherwise
escaping into, or on any land or water without appropriate authorization or permit, or is being
treated, stored, handled, or disposed of in a manner contrary to applicable regulations of the
secretary, such person shall notify the department in accordance with regulations to be
adopted.
(2) Upon receipt of the information required to be provided in Paragraph (1) of this
Subsection, the secretary may order any responsible owner, operator, or person to take
samples, monitor, or take action at the abandoned waste site to ascertain the nature and
extent of any waste or discharge, or hazard. The secretary, upon failure or refusal by the
responsible person, operator, or owner to comply with the orders, may undertake such
activities and investigate the abandoned waste site, take samples to be analyzed, and may
expend monies available for these purposes.
(3)(a) Prior to any sheriff's sale or public auction of any property related to the
operation of oil and gas wells, the person seeking such sale shall notify the secretary of such
sale not less than thirty days prior to such sale. Such sale shall not occur unless the secretary
consents thereto in writing, and the sale shall include the wellbore unless specifically
excluded from the sale. In the event the wellbore is not specifically excluded from the sale
as provided herein, the sheriff or person seeking such a sale shall cause to be included in the
notice of the sale and in the sale instrument a statement or notice that the purchaser shall be
required to file the appropriate documents with the department to become operator of record
of the subject well pursuant to the provisions of R.S. 30:204.
(b) The secretary may, if he deems it appropriate to insure the proper plugging and
abandonment of the wells and closure of the associated oilfield pits, retain a first lien and
privilege on such property, which lien and privilege shall follow such property into the hands
of third persons whether such persons are in good or bad faith. The secretary shall record a
notice of such lien with the clerk of court in the parish in which the property is located and
in which the sale is to occur. The lien and privilege may be enforced against any person in
possession of the property in the same manner as a lien provided under the Louisiana Oil
Well Lien Act.
(4) Failure to notify the secretary as provided in Paragraph (3) of this Subsection
shall render the person seeking such a sale and the purchaser liable, in solido, to the
department for the fair market value of the property at the time of such seizure and sale.
B. Any failure or refusal by an owner or operator or responsible person to undertake
such action as ordered by the secretary to take samples, monitor, contain, or clean up an
abandoned oilfield waste site shall be a violation of this Chapter, and the commission, in
order to prevent damage to public health, the environment, or an oil or gas strata, may
immediately declare the site abandoned, notwithstanding the provisions of R.S. 30:75, and
commence appropriate proceedings under this Chapter, including the recovery of penalties,
revocation of any permit, closure of the site, or any combination thereof.
C. Nothing in this Part shall be construed to limit or revoke any power or authority
of the secretary of the Department of Environmental Quality to protect the waters of the state
or to control and clean up inactive or abandoned hazardous waste sites.

Legislative History

Acts 1986, No. 892, §1, eff. July 10, 1986; Acts 1990, No. 702, §1; Acts 1992, No. 984, §9; Acts 1997, No. 993, §1; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.