La. Admin. Code tit. 43 § XI-1701

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-1701 - New Facilities (Formerly section 307)

A. No person shall commence construction of any facility (other than a field transmission, flow or gathering line located on a state lease or right-of-way) on state waterbottoms after the effective date of regulations unless the assistant secretary has issued a permit authorizing such construction pursuant to R.S. 30:4 and these rules. For purposes of this rule, construction includes any modification of an existing pipeline by the laying of new pipe, other than the replacement of defective pipe by pipe of the same diameter.

B. Any order, permit, lease, right-of-way or other authorization issued or granted by the state of Louisiana which specifically authorizes construction of a facility, including without limitation a permit issued under the Coastal Zone Management Act, shall satisfy the requirement for a permit under this rule and under R.S. 30:4; provided, however, that all requirements of these regulations, including permit conditions under §305, which are or may become applicable to the facility shall be deemed to be incorporated in such authorization.

C. If a facility required to have a permit under this rule is not deemed to have a permit under §1701 then the person responsible shall apply for a permit hereunder and submit in its application:

1. a map, diagram, plan or drawing showing the size, extent, location and water depth of the proposed facility; and

2. such additional information as the assistant secretary may reasonably require; provided, however, that with respect to information already provided in a previous application to the state or United States for a right-of-way, lease, or other permit or authorization for the proposed facility the applicant may submit a copy of such previous application.

D. Within 60 days after receiving an application for a permit hereunder, the assistant secretary shall either issue or deny the permit.

E. A permit issued hereunder shall include appropriate conditions requiring:

1. that the facility be constructed and maintained so as to prevent obstructions to the maximum extent practicable; and

2. that portions of a pipeline located in waters of a depth of less than 20 feet be buried to a minimum depth of 3 feet. This requirement shall not apply to any portion of such line that is connected to a production facility in current use and located within 500 feet of that facility. Burial shall not be required where the assistant secretary determines in accordance with §1505 that a variance be granted.

F. Within 90 days after completion of construction of a facility, a person responsible for the facility shall submit to the assistant secretary:

1. a map, diagram, plan or drawing showing the size, extent and location of the facility as built; or

2. a written statement certifying that the facility was constructed in accordance with a map, diagram, plan or drawing previously submitted to the assistant secretary, except for such deviations as are specifically described therein.

G. Any field transmission, flow or gathering line on which construction is commenced after the effective date of these regulations shall, if located in waters of a depth of less than 20 feet, be buried and maintained to a minimum depth of 3 feet. This requirement shall not apply to any portion of such line that is connected to a production facility in current use and located within 500 feet of that facility.

La. Admin. Code tit. 43, § XI-1701

Promulgated by the Department of Natural Resources, Office of Conservation, LR 11:703 (July 1985), LR 12:115 (February 1986), Repromulgated LR 49295 (2/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4-D through 4-H.