La. Admin. Code tit. 43 § XIX-603

Current through Register Vol. 50, No. 9, September 20, 2024
Section XIX-603 - Definitions
A. The words defined herein shall have the following meanings when used in these rules. All other words so used and not herein defined shall have their usual meanings unless specially defined in Title 30 of Louisiana Revised Statutes of 1950.

Affected Tract-any real property known or reasonably believed to have suffered environmental damage as defined in R.S. 30:29.

Date- the postmarked date of a letter or the transmittal date of a telegraphic or wireless communication.

Environmental Damage-any actual or potential impact, damage, or injury to environmental media caused by contamination resulting from activities associated with oilfield sites or exploration and production sites.

Environmental Media-includes, but is not limited to, soil, surface water, ground water, or sediment, or as defined in R.S. 30:29.

Evaluation or Remediation-includes, but is not limited to, investigation, testing, monitoring, containment, prevention, or abatement.

Feasible Plan- the most reasonable plan which addresses environmental damage in conformity with the requirement of Louisiana Constitution Article IX, Section 1 to protect the environment, public health, safety and welfare, and is in compliance with the specific relevant and applicable standards and regulations promulgated by a state agency in accordance with the Administrative Procedure Act in effect at the time of clean-up to remediate contamination resulting from oilfield or exploration and production operations or waste.

Final Submission- the last day on which any litigation party may submit a plan, comment, or response to a plan as provided by the orders of the court.

Litigation Party-any party to a judicial proceeding subject to R.S. 30:29 and who is not a responsible party as defined herein.

Oilfield Site or Exploration and Production (E and P) Site-any tract of land or any portion thereof on which oil or gas exploration, development, or production activities have occurred, including wells, equipment, tanks, flow lines or impoundments used for the purposes of the drilling, workover, production, primary separation, disposal, transportation or storage of E and P wastes, crude oil and natural gas processing, transportation or storage of a common production stream of crude oil, natural gas, coal seam natural gas, or geothermal energy prior to a custody transfer or a sales point. In general, this definition would apply to all exploration and production operations located on the same lease, unit or field.

Party-responsible parties and litigation parties as defined herein.

Plan-any submittal made in accordance with R.S. 30:29 and these rules for the evaluation or remediation of an affected tract as defined herein.

Responsible Party-the party or parties admitting responsibility for environmental damage or determined by the court to be legally responsible for environmental damage pursuant to R.S. 30:29.

Represented Party-any responsible party or litigation party who is represented by an attorney in the court matter that has been referred pursuant to R.S. 30:29 or before the Office of Conservation.

Technical Data-all basic factual information available that may be used to determine the levels of contamination and the vertical and horizontal extent of the contamination.

La. Admin. Code tit. 43, § XIX-603

Promulgated by the Department of Natural Resources, Office of Conservation, LR 33:660 (April 2007).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.