Louisiana Administrative Code
Title 70 - TRANSPORTATION AND DEVELOPMENT
Part VII - Offshore Terminal Authority
Chapter 1 - Licensing Offshore Terminal Facilities for Dry Bulk Cargoes
Section VII-119 - Procedure for Determination, Assessment and Collection of Administrative and Environmental Costs
Universal Citation: LA Admin Code VII-119
Current through Register Vol. 50, No. 9, September 20, 2024
A. Compensation Fees for Administrative Costs
1. Prior to the
commencement of each fiscal year, the authority shall determine, to the fullest
extent practicable, the total amount of administrative costs to be incurred by
the authority during such fiscal year which it intends to recover hereunder,
and the authority shall thereafter immediately give written notice to the
licensee of such determination.
2.
After receiving notice of the authority's determination of administrative
costs, the licensee shall be afforded an opportunity to confer with
representatives of the authority to review the amount of such costs and the
basis for the authority's determination.
3. The licensee shall thereafter reimburse
the authority quarterly for such actual costs as have been incurred by or on
behalf of the authority upon presentation by the authority to the licensee of
an appropriate invoice or statement therefore.
B. Compensation Fees for Environmental Costs
1. After the issuance of a license by the
authority, but prior to the commencement of construction of the licensed
facilities, if required by the authority the licensee shall pay an initial
compensation fee of $50,000 to the authority to be used only for the purposes
of expenditures for "environmental costs" as defined in the Environmental
Protection Plan for the licensed offshore terminal facilities for dry bulk
cargoes.
2. Payment of the initial
compensation fee provided in the preceding Paragraph, if requested by the
authority, shall be made sufficiently in advance of commencement of
construction to permit appropriate environmental monitoring programs, conducted
by or on behalf of the authority, covering the offshore terminal facilities and
related land based facilities to be in operation at the time construction of
such facilities begins.
3. The
licensee shall thereafter reimburse the authority on a quarterly basis for
expenditures for "environmental costs" for licensed offshore terminal
facilities for dry bulk cargoes upon presentation by the authority of the
licensee of an appropriate invoice or statement therefore.
4. Except in the case of an emergency, the
authority shall make no expenditure of monies for "environmental costs" for
which the authority intends to seek reimbursement from the licensee, without
first giving the licensee written notice of such proposed expenditure, as
affording the licensee an opportunity to confer with representatives of the
authority to review the amount of the proposed expenditure and basis for the
authority's determination of its necessity or reasonableness.
AUTHORITY NOTE: Promulgated in accordance with R.S. 34:3101 et seq.
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