La. Admin. Code tit. 43 § XI-1707

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

Section XI-1707 - Remedial Action (Formerly section 313)

A. If information available to the Office of Conservation discloses an obstruction resulting from a facility exposed in violation of §1701.E or G, an abandoned facility, or associated material, the assistant secretary may, upon 10 days written notice, order any person responsible for the facility or, where the obstruction is caused by associated material, any person responsible for a facility located on the right-of-way or lease where the obstruction occurs, to show cause, taking into account all relevant issues, why said person should not be required to take appropriate remedial action, as determined by the assistant secretary.

B. For purposes of this rule, appropriate remedial action includes:

1. reburial of a pipeline as required by §1701.E to its original depth;

2. reburial of a field transmission, flow or gathering line as required by §1701.G to its original depth;

3. removal of an abandoned facility (other than a field transmission, flow or gathering line situated on a state lease or right-of-way) except where it is demonstrated that the facility is in water depths greater than 20 feet;

4. removal of associated material in water depths less than 20 feet; or

5. installation and maintenance of private aids to navigation at the location of the obstruction in accordance with applicable rules and regulations of the United States Coast Guard and Corps of Engineers.

C. Any person ordered to take remedial action shall, within 10 days of completing this action, submit a written report to the assistant secretary certifying that such action has been completed in accordance with the assistant secretary's order.

D. Nothing in these regulations shall be deemed to limit or extinguish any legal obligations or right of any person arising under a lease, right-of-way or permit issued by the state or under any otherwise applicable law or regulation.

La. Admin. Code tit. 43, § XI-1707

Promulgated by the Department of Natural Resources, Office of Conservation, LR 11:704 (July 1985), LR 12:115 (February 1986), Repromulgated LR 49298 (2/1/2023).

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