La. Admin. Code tit. 43 § V-962

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

Section V-962 - Decommissioning General Requirements [Formerly LAC 43:I.1162]

A. Before decommissioning the facilities under an AESL, the lessee shall submit a decommissioning application and receive approval from the board or its authorized representative.

B. Following approval of the decommissioning application, the lessee shall submit a decommissioning notice at least 15 days prior to commencement of decommissioning activities. The decommissioning shall begin no later than 45 days following the approval of the decommissioning application.

C. Within one year following termination of an AESL, the lessee shall:

1. remove or decommission all facilities, turbines, support structures, cables, pipelines, and obstructions associated with the AESL;

2. clear the waterway and the water bottoms of all obstructions created by alternative energy source activities on the leased area. The board may require the lessee to immediately remove any and all obstructions effecting navigation and commerce of the waterway.

D. If the lessee, sub-lessee, assignee, successor, subcontractor, or any agent acting on behalf of lessee discovers any archaeological resource while conducting decommissioning activities, the party performing the decommissioning activities shall immediately cease bottom-disturbing activities within 1,000 feet of the discovery and report the discovery to the board, through OMR, within 72 hours of the discovery. Any party having knowledge of the discovery shall keep the location of the discovery confidential, except to report it to OMR, and shall not take any action that may adversely affect the archaeological resource unless instructed by OMR.

La. Admin. Code tit. 43, § V-962

Promulgated by Department of Natural Resources, Office of Mineral Resources, LR 38:141 (January 2012), repromulgated LR 411761 (9/1/2015).

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