La. Admin. Code tit. 43 § I-1145

Current through Register Vol. 50, No. 6, June 20, 2024

Section I-1145 - Partial or Full Suspension of an Alternative Energy Source Lease

A. The board, or an authorized representative of the board, may order a suspension after notice and opportunity for a hearing of the AESL under the following circumstances:

1. when necessary to comply with judicial decrees prohibiting some or all activities under the AESL;

2. when continued activities pose an imminent threat of serious or irreparable harm or damage to natural resources, life (including human and wildlife), property, the marine, coastal, riverine, or human environment, or sites, structures, or objects of historical or archaeological significance;

3. when the alternative energy source operations adversely impact, impede, obstruct, or interfere with the navigability of any waterway, the use of the waterway by other users, or interfere with maritime commerce or the recreational use of the waterway;

4. lessee or its operator fails to comply with an applicable law, regulation, order, resolution, or provision of the AESL.

B. If the board, or its authorized representative, orders a suspension under Paragraph A.2. or A.3. of this Subpart, and the lessee wishes to resume activities, the board, or its authorized representative, may require the lessee to conduct a site-specific study to evaluate the cause of the harm, the potential damage, and/or the available mitigation measures.

1. The lessee shall be responsible for payment of the site-specific study.

2. The lessee shall furnish one paper copy and one electronic copy of the site-specific study and results to the Board or its authorized representative.

3. The board, or its authorized representative, will make the results available to other interested parties and to the public.

4. The board, or its authorized representative, will use the results of the site-specific study and any other information that becomes available:

a. to determine if the suspension order should be lifted;

b. to determine any actions that the lessee must take to mitigate or avoid any damage to natural resources, life (including human and wildlife), property, the marine, coastal, riverine, or human environment, or sites, structures, or objects of historical or archaeological significance.

La. Admin. Code tit. 43, § I-1145

Promulgated by Department of Natural Resources, Office of Mineral Resources, LR 38:137 (January 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:124.