Senate Bill 2167

AN ACT TO BE KNOWN AS THE "DEVON AND WADE BILL"; TO REQUIRE SPECIFIC SAFETY MEASURES FOR CERTAIN OIL AND GAS WELL SITES UNDER CERTAIN CIRCUMSTANCES; TO CREATE A VIOLATION FOR BREACH OF THE SAFETY STANDARDS; TO ENACT PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The operator of any site on which is located any storage tank or battery of storage tanks where there is stored, either permanently or temporarily, crude oil, distillate or condensate produced from an oil well or a gas well is required to fence the storage tanks and the surrounding area with continuous perimeter fencing surrounding the site that is at least five (5) feet in height, topped with one or more strands of barbed wire at the top, located at least twenty-five (25) feet from any other improvement associated with the facility, and a locking gate at any access point through, over or across the perimeter fence that shall be kept securely locked except when necessary to gauge, inspect or pump the tank or tanks. There shall be signage and ladder-access-restriction measures in accordance with Mississippi Oil and Gas Board rules.

(2) A violation of this section shall be punishable by a fine of Five Hundred Dollars ($500.00) per day for each day the violation continues, not to exceed Twenty-five Thousand Dollars ($25,000.00) per well site.

(3) This section shall not be construed to authorize, permit or excuse the failure to install or maintain any other safety feature at any oil or gas well that may be required or indicated by law, industry standard, reasonable care or otherwise.

(4) Nothing in this section shall limit the authority of the governing authority of a municipality or county to adopt a similar ordinance that may, in whole or in part, be more restrictive than this section, and in those cases the more restrictive ordinance shall govern.

SECTION 2. This act shall be known as the "Devon and Wade Bill."

SECTION 3. This act shall take effect and be in force from and after its passage for all oil or gas wells commenced on or after the effective date of this act; for oil or gas wells commenced before its passage, this act shall take effect and be in force from and after January 1, 2015.