N.Y. Environmental Conservation Law § 23-1301: Procedure for obtaining underground storage permit

§ 23-1301. Procedure for obtaining underground storage permit.

1. No underground reservoir shall be devoted to the storage of gas, or

liquefied petroleum gas unless the prospective operator of such storage

reservoir shall have received from the department, after approval in

writing of the state geologist, an underground storage permit which

shall be in full force. The application for said permit shall include

the following:

a. A map showing the location and boundaries of the proposed

underground storage reservoir.

b. A report containing sufficient data to show that the reservoir is

adaptable for storage purposes.

c. An affidavit signed by the prospective operator to the effect that

he has acquired by grant, lease or other agreement at least seventy-five

percent of the storage rights in said reservoir and in the buffer zone

established to protect the reservoir as approved by the department,

calculated on the basis of surface acreage; and such affidavit shall

also set forth that the applicant will agree as a condition to the

issuance of such permit that it will thereafter within a reasonable time

either acquire by negotiation, or file and proceed with condemnation

proceedings to acquire, any outstanding storage rights in the remaining

reservoir and buffer zone acreage.

d. Such other information as the department may require.

2. The permit shall be granted within ninety days of application

unless the department finds that the application and the information

submitted with it do not meet the requirements of this section. The

department may revoke or suspend any underground storage permit in force

hereunder for failure to comply with any of its provisions or for

failure to comply with subdivision 4 of this section.

3. Subdivisions 1 and 2 of this section shall not apply to underground

storage reservoirs or the storage of gas therein provided that such

reservoirs have been placed in operation prior to October 1, 1963 and so

long as such operation is not abandoned.

4. Every operator shall file with the department on or before December

31 of each year, a report with respect to each underground storage

reservoir operated by him showing any change in:

a. The estimated size in surface acreage or shape of the reservoir and

the buffer zone if any;

b. His estimate of total capacity of the reservoir;

c. His estimate of working capacity of the reservoir; and

d. Any other engineering, geological or operational data that may be

requested by the department.

5. The applicant for a permit for the following purposes shall submit

with his application the following fees:

a. for a new underground storage reservoir, a fee of ten thousand

dollars.

b. for a modification of the storage capacity of an existing

underground storage reservoir, a fee of five thousand dollars.

6. No permit issued hereunder and no provision of this article shall

be construed to diminish or impair the jurisdiction of the Public

Service Commission with respect to regulation of the manufacture,

transportation, distribution or sale of gas.