La. Admin. Code tit. 43 § XXIX-119

Current through Register Vol. 50, No. 8, August 20, 2024

Section XXIX-119 - Criteria to Be Considered in Determining Injury and/or Loss of Services

A. The state natural resource trustees may find injury to a natural resource when:

1. the natural resource was directly or indirectly exposed to oil from an unauthorized discharge of oil; and

2. there was a pathway between the natural resource and the unauthorized discharge of oil; and

3. reliable and valid methods indicate adverse effects on natural resources and services resulting from exposure to oil from the unauthorized discharge; or

4. the natural resource and/or service was adversely impacted by response activities either to an actual unauthorized discharge or the substantial threat of an unauthorized discharge of oil.

B. The state natural resource trustees may find a loss of services when:

1. the ability of the natural resource to provide services has been reduced as the result of an unauthorized discharge of oil or response activities associated with the unauthorized discharge or substantial threat of an unauthorized discharge; or

2. the ability of the natural resource to provide public uses has been reduced as the result of an unauthorized discharge of oil or the substantial threat of an unauthorized discharge of oil.

La. Admin. Code tit. 43, § XXIX-119

Promulgated by the Office of the Governor, Oil Spill Coordinator's Office, LR 25:504 (March 1999).

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