La. Admin. Code tit. 70 § VII-119

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

Section VII-119 - Procedure for Determination, Assessment and Collection of Administrative and Environmental Costs

A. Compensation Fees for Administrative Costs

1. Prior to the commencement of each fiscal year, the authority shall determine, to the fullest extent practicable, the total amount of administrative costs to be incurred by the authority during such fiscal year which it intends to recover hereunder, and the authority shall thereafter immediately give written notice to the licensee of such determination.

2. After receiving notice of the authority's determination of administrative costs, the licensee shall be afforded an opportunity to confer with representatives of the authority to review the amount of such costs and the basis for the authority's determination.

3. The licensee shall thereafter reimburse the authority quarterly for such actual costs as have been incurred by or on behalf of the authority upon presentation by the authority to the licensee of an appropriate invoice or statement therefore.

B. Compensation Fees for Environmental Costs

1. After the issuance of a license by the authority, but prior to the commencement of construction of the licensed facilities, if required by the authority the licensee shall pay an initial compensation fee of $50,000 to the authority to be used only for the purposes of expenditures for "environmental costs" as defined in the Environmental Protection Plan for the licensed offshore terminal facilities for dry bulk cargoes.

2. Payment of the initial compensation fee provided in the preceding Paragraph, if requested by the authority, shall be made sufficiently in advance of commencement of construction to permit appropriate environmental monitoring programs, conducted by or on behalf of the authority, covering the offshore terminal facilities and related land based facilities to be in operation at the time construction of such facilities begins.

3. The licensee shall thereafter reimburse the authority on a quarterly basis for expenditures for "environmental costs" for licensed offshore terminal facilities for dry bulk cargoes upon presentation by the authority of the licensee of an appropriate invoice or statement therefore.

4. Except in the case of an emergency, the authority shall make no expenditure of monies for "environmental costs" for which the authority intends to seek reimbursement from the licensee, without first giving the licensee written notice of such proposed expenditure, as affording the licensee an opportunity to confer with representatives of the authority to review the amount of the proposed expenditure and basis for the authority's determination of its necessity or reasonableness.

La. Admin. Code tit. 70, § VII-119

Promulgated by the Department of Transportation and Development, Office of Highways, LR 9:427 (June 1983).

AUTHORITY NOTE: Promulgated in accordance with R.S. 34:3101 et seq.