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      RS 30:2460     


§2460. Contingency plan provisions

            A. The plan shall include all of the following:

            (1) Detailed emergency operating procedures for initiating actions in response to unauthorized discharges.

            (2) A response command structure and state response team.

            (3) An inventory of public and private equipment and its location and a list of available sources of supplies necessary for response.

            (4) A table of organizations with the names, addresses, and telephone numbers of all persons and agencies responsible for implementing each phase of the plan and provisions for notification to such persons and agencies in the event of an unauthorized discharge.

            (5) Plans for practice drills for the response command structure and the state response team.

            (6) Establishment of a single state hotline for reporting incidents that will satisfy all state notification requirements under this Chapter and R.S. 32:1501 et seq., R.S. 30:2025(J), and R.S. 30:2361 et seq.

            (7) Provisions for notifying the Department of Environmental Quality under the state oil spill contingency plan.

            (8) Plans for volunteer coordination and training.

            (9) Use of both proven and innovative prevention and response methods and technologies.

            (10) The circumstances under which an unauthorized discharge may be declared to be a state of emergency under applicable law.

            (11) The circumstances under which the unauthorized discharge may be declared to be abated and pollution may be declared to be satisfactorily removed.

            (12) Designation of environmental and other priority zones to determine the sequence and methods of response and cleanup.

            (13) Procedures for disposal of removed oil or hazardous substances.

            (14) Procedures established in cooperation with the Department of Environmental Quality, the Department of Wildlife and Fisheries, the Coastal Protection and Restoration Authority, and the Department of Energy and Natural Resources for assessment of natural resources damages and plans for mitigation of damage to and restoration, protection, rehabilitation, or replacement of damaged natural resources. Pursuant to R.S. 49:214.1 et seq., the Coastal Protection and Restoration Authority is responsible for integrated coastal protection in the coastal area of the state; therefore, the Coastal Protection and Restoration Authority and the Coastal Protection and Restoration Authority Board shall assist the coordinator in a primary role in assessing natural resource damages in the coastal area.

            (15) Any plan developed by the coordinator pursuant to this Chapter shall include appropriate local governmental authorities and shall provide for the participation and involvement of the appropriate local governmental authorities that may be affected by or involved in the prevention, response, and removal of an oil spill.

            (16) Any other matter necessary or appropriate to carry out response activities, including but not limited to preapproval of the use of dispersants.

            B.(1) The coordinator shall promulgate rules and a state contingency plan that, to the greatest extent practicable, conform to the national contingency plan and rules promulgated under federal law.

            (2) The coordinator may impose requirements under such rules and the state oil spill contingency plan that are in addition to or vary materially from federal requirements if the state interests served by the requirements substantially outweigh the burdens imposed on those subject to the requirements.

            C. The plan shall be filed with all state agencies participating in response operations and federal officials responsible for federal discharge response within waters of the state, and local political subdivisions deemed appropriate by the coordinator.

            Acts 1991, 1st Ex. Sess., No. 7, §1, eff. April 23, 1991; Acts 2010, No. 734, §1; Acts 2016, No. 430, §2; Acts 2023, No. 150, §5, eff. Jan. 10, 2024.

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