La. Admin. Code tit. 43 § XXIX-125

Current through Register Vol. 50, No. 9, September 20, 2024

Section XXIX-125 - Plans for Restoration, Rehabilitation, Replacement and/or Acquisition of the Equivalent of Injured Natural Resources

A. The coordinator, in consultation with the state natural resource trustees, shall develop a plan for the restoration, replacement, rehabilitation and/or acquisition of the equivalent natural resources.

B. Each restoration plan shall:

1. include an analysis of alternative restoration plans, including natural recovery;

2. be cost-effective and technically feasible. Technical feasibility means the technology and management skills necessary to implement a restoration plan are known such that the plan has a reasonable chance of successful completion;

3. not have costs disproportionate to the value of the natural resources and/or the services provided by the resources prior to the unauthorized discharge of oil;

4. allow for corrective actions in the execution of the restoration plan;

5. provide for a period of monitoring sufficient to determine the effectiveness of the plan; and

6. prior to initiation of the plan, be subject to public hearing (upon request) and comment period consistent with R.S. 30:2480.I.

C. The restoration plan may be developed simultaneously with other portions of the damage assessment. Restoration plans should be developed as early in the process as practicable and may be developed in phases. Phased restoration plans may be used when trustees determine that:

1. pilot projects are necessary to establish the technical feasibility of the restoration plan;

2. restoration of a particular resource and/or service is not possible without first restoring another resource and/or service upon which the first depends;

3. natural recovery is the chosen alternative for some, but not all, of the injured natural resources; or

4. there is a potential for continuing injury resulting from the unauthorized discharge of oil.

D. The restoration plan may include any combination of:

1. restoration; rehabilitation; replacement and/or acquisition of equivalent natural resources; or

2. natural recovery.

E. The restoration plan shall include criteria for determining when restoration plan is completed, including:

1. performance standards and appropriate measures for their achievement;

2. natural changes occurring in reference areas; and

3. the ability of the natural resources to maintain their viability without further human intervention.

F. If an equivalent regional restoration plan has been developed for the ecosystem encompassing the injured natural resources, the state trustees may use restoration projects identified in that plan for purposes of compensating for the injuries resulting from a particular incident.

G. If one or more restoration banks have been certified under LAC 43:XXXI.Chapter 1, the state trustees may, where consistent with the requirements of OPA and OSPRA, propose and select the purchase of credits from a certified NRD restoration bank as the preferred restoration alternative for purposes of compensating for the injuries resulting from a particular incident.

H. The coordinator shall issue a certificate of completion to the responsible party when no further actions are necessary to achieve the goals of the restoration plan.

La. Admin. Code tit. 43, § XXIX-125

Promulgated by the Office of the Governor, Oil Spill Coordinator's Office, LR 25:505 (March 1999), Amended by the Office of the Governor, Coastal Protection and Restoration Authority, LR 431535 (8/1/2017).

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