La. Admin. Code tit. 43 § XXIX-115

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

Section XXIX-115 - Responsible Party Participation

A. Pursuant to R.S. 30:2480.C(6)(c), the state trustees are directed to invite the potentially responsible party to participate in natural resource damage assessment as soon as practicable and no later than the delivery of the notice of intent (see §123 of this Chapter). The state trustees shall determine the scope of participation by the potentially responsible party consistent with R.S. 30:2480.

1. Responsible parties may assist the state trustees in the identification of natural resources most at risk from the unauthorized discharge of oil, and may assist the trustees in identifying protective measures to be used in responding to unauthorized discharges of oil, and in identifying personnel and organizations likely to participate in response and assessment activities, with appropriate quality control.

2. The lead administrative trustees shall invite the potentially responsible party to participate in the assessment process, the field investigation, the selection of assessment methods, restoration planning, and post-assessment activities. The invitation to participate should be in writing, and a written response by the responsible party is required to confirm the desire to participate. If the responsible party elects to participate in any part of the assessment process, the state trustees and the responsible party should enter into a written agreement whereby the conditions of their respective participation are defined, including provisions to have a state trustee representative present when the responsible party conducts any activity pertinent to a cooperative NRDA process, and whereby they agree to provide data acquired to the state trustees as described in Subsection B below. This agreement may be drafted concurrently with the commencement of preassessment activities. The coordinator or any other state trustee may limit or terminate the participation of the responsible party in any activity conducted by the affected state trustee when such participation is inconsistent with or in conflict with the responsibilities of the affected state trustees.

B. Upon the written request of the responsible party, the coordinator, lead administrative trustee, or state natural resource trustee shall provide photographs, videos, duplicate or split samples, if possible, and validated data generated or obtained by the specified state trustee(s) during the natural resource damage assessment and the implementation of the resulting restoration plan. Upon the written request of any state trustee(s), the responsible party shall provide photographs, videos, duplicate or split samples, if possible, validated data generated or obtained by the responsible party during the natural resource damage assessment and the implementation of the resulting restoration plan. Conditions for sharing samples and data should be incorporated into the written participation agreement described in Paragraph A.2 of this Section.

C. Any assessment conducted with the participation of the responsible party shall include any stipulations agreed upon by the responsible party and the state trustees. Stipulations may be proposed by either the responsible party or the state trustees at any time during the assessment. These stipulations may be amended to the written agreement entered into pursuant to Paragraph A.2 of this Section. These stipulations are binding in any and all judicial or administrative proceedings concerning the incident in question. The stipulations shall continue, and shall be binding on all parties, after termination of the responsible party's participation or after the termination of a negotiated assessment under §121 of this Chapter. Stipulations must be agreed upon by the state trustees.

D. Whenever the coordinator, in consultation with the state natural resource trustees, decides that the responsible party is interfering with state trustee responsibilities or is causing unreasonable delay in the assessment process, the state trustees may proceed without the participation of the responsible party after reasonable effort has been made to resolve problems at the level at which they occur, or if necessary, after a hearing with arbitration has taken place between the responsible party, the coordinator, and the affected state natural resource trustees. The coordinator shall provide the responsible party with a written statement, which shall be included in the administrative record, describing the factual basis for disallowing further participation by the responsible party. The responsible party may rejoin the assessment process or participate if the responsible party demonstrates, to the satisfaction of the coordinator, and state natural resource trustees, that the dilatory or disruptive practices will not reoccur.

La. Admin. Code tit. 43, § XXIX-115

Promulgated by the Office of the Governor, Oil Spill Coordinator's Office, LR 25:503 (March 1999).

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