Roedel Parsons Koch Blache Balhoff & McCollister

NEW RULES ALLOW TRANSPORTERS OF INTRASTATE WASTE TO OBTAIN CERTIFICATES IN LOUISIANA MUCH EASIER:

On January 23, 2018, the Louisiana Public Service Commission issued a new General Order[1] applicable to intrastate transporters of waste - non-hazardous oilfield waste, non-hazardous industrial solid waste and hazardous waste. The new General Order eliminates the requirement that applicants seeking a new common carrier certificate or contract carrier permit must prove public convenience and necessity ("PCN") along with fitness in order to be granted a certificate or permit. Under the new General Order, the applicant need only prove that it is fit: 1. has the required insurance; 2. has the financial ability to provide transportation of waste for disposal in a safe and efficient manner; 3. has the necessary licenses and permits to transport waste; 4. has the equipment and manpower to transport waste in a safe and efficient manner; and 5. has a safety program in place necessary for the safe and efficient transport of waste for disposal.

Existing carriers benefit also: The new General Order applies to existing carriers seeking the expansion of their common carrier certificate or contract carrier permit of waste. Applicants for expanded authority will no longer have to prove PCN, only fitness. Existing restrictions on certificates or permits remain valid until the carrier seeks the expansion of its authority; however, all current time period restrictions are no longer valid -- those that prevent a carrier from applying for expanded authority before the expiration of set time period.

Certificates and permits issued pursuant to the new General Order will not contain any restrictions.

The new General Order is consistent with Act 278 of the 2017 Regular Session of the Louisiana Legislature.


[1] LPSC General Order dated 1-23-2018.

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