La. Admin. Code tit. 43 § XXIX-113

Current through Register Vol. 50, No. 9, September 20, 2024

Section XXIX-113 - Coordination of Trustee Response to an Unauthorized Discharge of Oil

A. The state trustees shall, through the unified incident command system:

1. assist each other in prioritizing protection of natural resources during any significant unauthorized discharge of oil. The trustees shall be available, throughout the response to the unauthorized discharge of oil, to advise and assist the SOSC regarding the benefits and risks associated with response activities on natural resources;

2. confer on a regular basis, as necessary, in accordance with the national contingency plan, area contingency plans, regional contingency plans and the state oil spill contingency plan;

3. integrate and coordinate assessment activities with ongoing response activities as long as assessment activities do not interfere with those response activities; and

4. exchange information related to the impact of response activities on natural resources. The SOSC shall provide the trustees with an incident report detailing the quality and effectiveness of the responsible party's containment and removal actions and the protection and preservation of natural resources.

B. The SOSC shall advise the state trustees in writing when the impacted area is safely accessible for damage assessment activities. The SOSC shall allow access to the impacted area in accordance with the site safety plan. The SOSC may limit the state trustee activities only if such activities would create an unreasonable interference with response actions.

C. The state natural resource trustees with the assistance of the coordinator shall conduct natural resource damage assessments by:

1. developing and utilizing contingency planning to enhance coordination among all trustees, emergency response agencies, and potentially responsible parties to ensure a consistent and comprehensive response to unauthorized discharges of oil;

2. coordinating and exchanging scientific, technical, economic and legal expertise among the trustees and potentially responsible party;

3. integrating all scientific, technical, economic, and legal issues;

4. executing, when necessary, contracts to procure the services of appropriate experts;

5. providing the opportunity for early participation in the field investigation and assessment process by the potentially responsible parties; and

6. providing opportunity for public review and comment on the administrative record and draft restoration plan.

D. The state trustees shall coordinate with the federal trustees in all phases of the damage assessment and restoration process.

E. The lead administrative trustee shall:

1. coordinate the natural resource damage assessment and organize communication among the trustees and with the potentially responsible party regarding the assessment. The lead administrative trustee shall perform all administrative tasks required to disseminate information to all participants in the assessment and to ensure that the assessment is completed within the time periods, including any extensions granted, provided by R.S. 30:2480. Administrative tasks include:

a. scheduling of meetings of the trustees and potentially responsible party and preparing agendas for those meetings;

b. notifying trustees and potentially responsible party of all pertinent developments on a timely basis;

c. maintaining documents and records of the assessment; and

d. establishing and maintaining the administrative record as required by §127 of this Chapter;

2. ensure that disagreements among trustees are expeditiously resolved; and

3. informing the Louisiana Attorney General of state trustee actions during the assessment process.

La. Admin. Code tit. 43, § XXIX-113

Promulgated by the Office of the Governor, Oil Spill Coordinator's Office, LR 25:502 (March 1999).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2451, et seq.