La. Admin. Code tit. 43 § I-1169

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

Section I-1169 - Failure to Comply with Decommissioning Requirements

A. The lessee shall comply with the decommissioning requirements as set forth in the approved decommissioning plan. If lessee fails to comply with the decommissioning requirements:

1. the board shall require the lessee to forfeit the financial assurance provided pursuant to §1153 and §1155 of this Chapter;

2. the lessee shall remain liable for the removal or disposal costs and shall be responsible for all accidents or damages, including reasonable attorney fees expended by the state to defend claims resulting from lessee's failure to comply with decommissioning requirements;

3. the board, or its authorized representative, may take legal action to enforce the decommissioning requirements. The lessee shall be liable for all reasonable attorney fees expended by the board or its authorized representative required to enforce the decommissioning obligations;

4. the lessee shall remain the owner of all facilities and/or equipment installed and used in the alternative energy project. The state shall have the right to remove any and all of the facilities and/or equipment at the expense of the lessee.

B. Failure of the alternative energy source lessee to comply with decommissioning obligations to remove all equipment by the date specified in the approved decommissioning plan shall subject the lessee to a civil penalty of $300 per day and shall continue to accrue on a daily basis until the date the lessee has complied with the decommissioning obligation.

C. The civil penalty shall be paid into the Mineral and Energy Operation Fund on behalf of the board.

La. Admin. Code tit. 43, § I-1169

Promulgated by Department of Natural Resources, Office of Mineral Resources, LR 38:143 (January 2012).

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