§ 23-1301 — Procedure for obtaining underground storage permit

§ 23-1301. Procedure for obtaining underground storage permit.\n 1. No underground reservoir shall be devoted to the storage of gas, or\nliquefied petroleum gas unless the prospective operator of such storage\nreservoir shall have received from the department, after approval in\nwriting of the state geologist, an underground storage permit which\nshall be in full force. The application for said permit shall include\nthe following:\n a. A map showing the location and boundaries of the proposed\nunderground storage reservoir.\n b. A report containing sufficient data to show that the reservoir is\nadaptable for storage purposes.\n c. An affidavit signed by the prospective operator to the effect that\nhe has acquired by grant, lease or other agreement at least seventy-five\npercent of the storage rights in said reservoir and in the buffer zone\nestablished to protect the reservoir as approved by the department,\ncalculated on the basis of surface acreage; and such affidavit shall\nalso set forth that the applicant will agree as a condition to the\nissuance of such permit that it will thereafter within a reasonable time\neither acquire by negotiation, or file and proceed with condemnation\nproceedings to acquire, any outstanding storage rights in the remaining\nreservoir and buffer zone acreage.\n d. Such other information as the department may require.\n 2. The permit shall be granted within ninety days of application\nunless the department finds that the application and the information\nsubmitted with it do not meet the requirements of this section. The\ndepartment may revoke or suspend any underground storage permit in force\nhereunder for failure to comply with any of its provisions or for\nfailure to comply with subdivision 4 of this section.\n 3. Subdivisions 1 and 2 of this section shall not apply to underground\nstorage reservoirs or the storage of gas therein provided that such\nreservoirs have been placed in operation prior to October 1, 1963 and so\nlong as such operation is not abandoned.\n 4. Every operator shall file with the department on or before December\n31 of each year, a report with respect to each underground storage\nreservoir operated by him showing any change in:\n a. The estimated size in surface acreage or shape of the reservoir and\nthe buffer zone if any;\n b. His estimate of total capacity of the reservoir;\n c. His estimate of working capacity of the reservoir; and\n d. Any other engineering, geological or operational data that may be\nrequested by the department.\n 5. The applicant for a permit for the following purposes shall submit\nwith his application the following fees:\n a. for a new underground storage reservoir, a fee of ten thousand\ndollars.\n b. for a modification of the storage capacity of an existing\nunderground storage reservoir, a fee of five thousand dollars.\n 6. No permit issued hereunder and no provision of this article shall\nbe construed to diminish or impair the jurisdiction of the Public\nService Commission with respect to regulation of the manufacture,\ntransportation, distribution or sale of gas.\n