La. Admin. Code tit. 43 § XXIX-101

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

Section XXIX-101 - Declaration and Intent

A. The Louisiana Oil Spill Coordinator in the Office of the Governor adopts these rules pursuant to the Oil Spill Prevention and Response Act (OSPRA), Louisiana Revised Statutes, §30:2451 et seq. These rules are applicable in the event that an unauthorized discharge of oil or a substantial threat of an unauthorized discharge of oil to state waters results in injury to natural resources.

B. These rules shall be interpreted and implemented in a manner consistent with federal law. Any conflict between a provision of these rules and the National Oil and Hazardous Substances Pollution Contingency Plan ( 40 C.F.R. Part 300) and/or the Oil Spill Prevention and Response Act (R.S. 30:2451 et seq.) should be resolved in favor of the cited authorities. Thus, the coordinator and state natural resource trustees are encouraged to cooperate and coordinate their actions with the federal trustees, and in cooperation with the potentially responsible party, to make the environment and the public whole for injuries resulting from unauthorized discharges by assessing natural resource damages for those injuries, presenting a claim for damages (including the reasonable costs of assessing damages), recovering damages, and developing and implementing a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent of the injured natural resources and services under their trusteeship.

C. The federal trustees are not bound by these rules and have the right to bring separate claims in addition to any claim made by the state trustees. Even though state and federal trustees may bring a separate claim, double recovery is prohibited. The state trustees may bring a claim for natural resource damages pursuant to their authority under the Oil Pollution Act of 1990 (OPA), 33 U.S.C., § 2701 et seq., or under OSPRA, R.S. 30:2451 et seq. The state trustees may use the natural resource damage assessment procedures established under this rule or under the rules adopted pursuant to OPA, a combination of procedures drawn from both OPA and OSPRA rules, or under the OSPRA rules. The decision as to which assessment procedures will be used shall be documented in the administrative record. Whether the state trustees use OPA procedures, OSPRA procedures, or a combination of OSPRA and OPA procedures, they will perform the field investigation as described in §117 of this Chapter.

D. In the action to recover natural resource damages, the coordinator, in consultation with the state natural resource trustees, shall make the determination whether to assess natural resource damages and the amount of damages, and such determination shall create a rebuttable presumption of the amount of such damages.

La. Admin. Code tit. 43, § XXIX-101

Promulgated by the Office of the Governor, Oil Spill Coordinator's Office, LR 25:500 (March 1999).

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