La. Admin. Code tit. 43 § XXIX-131

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

Section XXIX-131 - Settlements

A. A negotiated settlement is a binding agreement in which the responsible party agrees to pay the state trustees a certain amount or to perform certain restoration, rehabilitation, replacement, acquisition. The coordinator, in consideration of the responsible party's agreement in writing, will agree to release the responsible party from further liability for damages to natural resources resulting from an unauthorized discharge of oil. Such release shall not be executed until after the payment is received by the state trustees or until after the restoration, rehabilitation, replacement, acquisition and/or relevant research project is certified complete by the coordinator. Release from liability by the coordinator does not release the responsible party from liability to federal trustees, or for response costs, unless specifically included in the settlement agreement. The coordinator, in consultation with and with agreement of the state natural resource trustees, may consider, and settle any filed or developing claim on behalf of the state on such terms as are fair, reasonable, and in the public interest.

B. The draft agreement between the state trustees and the responsible party shall be subject to public review and comment as set forth in §135 of this Chapter (relating to public participation) and shall provide:

1. that title to real or personal property acquired as compensation for injured natural resources may vest in a public entity only where the terms and conditions for that entity's acceptance of title are met;

2. that criteria for certification of project completion are specifically enumerated; and

3. for all items necessary to ensure restoration, rehabilitation, replacement and/or acquisition of equivalent natural resources.

La. Admin. Code tit. 43, § XXIX-131

Promulgated by the Office of the Governor, Oil Spill Coordinator's Office, LR 25:507 (March 1999).

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