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Coastal Zone '@gMIXE ASSESS Information COASTAL ZONE ,MENT DIVIS101f Center - INFORMATION CENTER i erport to Environmental i Protect*10n Plan LOUISIANA OFFSHORE TERMINAL AUTHORITY Revised August 3, 1976 k AM TD 171.3 L8 u Pei L6 1977 13253 COASTAL ZONE INFORMATION CENTER Property of CSC Library U.S. DEPARTMENT OF COMMERCE NOAA COASTAL SERVICES CENTER 2234 SOUTH HOBSON AVENUE CHARLESTON, SC 29405-2413 ENVIRONMENTAL PROTECTION PLAN of the LOUISIANA OFFSHORE TERMINAL AUTHORITY (LOUISIANA SUPERPORT AUTHORITY) As originally adopted on January 15, 1974 (effective January 26, 1974), and as amended on September 30, 1975 (effective Octorber 20, 1975), and as further amended on August 3, 1976 (effective August 20, 1976). EDWIN W. EDWARDS Governor E. C. HUNT, JR. President RICHARD A. GONSOULIN Vice-President Members Clement Betpouey, III New Orleans BOARD OF COMMISSIONERS Robert H. Boh New Orleans OFFSHORE TERMINAL AUTH0RITY Richard A. Gonsoulin Houma E. C. Hunt, Jr. (An Agency of the State of Lake Charles Louisiana, created by Act 444 of 1972, as amended Dean Gerald J. McLindon [La. R.S. 34:3101-3116].) Baton Rouge James W. Moore Monroe Floyd J. Naquin Lockport Thomas E. Powell Eunice Shepard F. Perrin, Jr. Executive Director Joseph G. Cocchiara, Jr. Associate Director ENVIRONMENTAL PROTECTION PLAN of the OFFSHORE TERMINAL AUTHORITY STATE OF LOUISIANA Page CHAPTER 1 - INTRODUCTION 1-1 Section 1 - Scope and Purpose 1-1 Section 2 - Definitions 1-4 Section 3 - General Provisions 1-20 Section 4 - Requirements of Protection Plan 1-21 Section 5 - Location and Availability of Environmental Data 1-24 CHAPTER 2 - SUMMARY OF STRESSES 2-1 Section 1 - Statutory Authority 2-1 Section 2 - General Provisions 2-1 Subsection 1 - Introduction 2-1 Subsection 2 - References 2-2 Section 3 - Findings of the Authority 2-3 Subsection 1 - Potential Stresses 2-3 Subsection 2 - Actual Stresses 2-8 CHAPTER 3 - SITE SELECTION 3-1 Section 1 - Statutory Authority 3-1 Section 2 - General Provisions 3-2 Subsection 1 - Statement of Policy 3-2 Subsection 2 - Findings of the Authority 3-5 Section 3 - Essential Environmental Considerations 3-6 Subsection 1 - General 3-6 -2- Page Subsection 2 - Deepwater Port Facilities 3-7 a - Water Depth 3-7 b - Navigational Fairways 3-7 c - Sea Bottom Characteristics 3-8 d - Marine Spawning Areas 3-8 e - Offshore Pipelines 3-9 f - Barrier Islands 3-9 g - Tidal Passes 3-10 h - Casualty Oil Spills 3-10 Subsection 3 - Onshore Facilities 3-11 Section 4 - Economic and Environmental Costs 3-12 Subsection 1 - General Provisions 3-12 Subsection 2 - Economic Costs 3-12 Subsection 3 - Environmental Costs 3-13 Subsection 4 - Economic and Environmental Benefits 3-14 Section 5 - Site Approval Procedures 3-15 CHAPTER 4 - CRITERIA FOR DESIGN 4-1 Section 1 - Statutory Authority 4-1 Section 2 - General Provisions 4-1 Subsection 1 - General Statement 4-1 Subsection 2 - Findings of Authority 4-2 Section 3 - Design Criteria 4-9 Subsection 1 - Introduction 4-9 Subsection 2 - General Criteria 4-10 Subsection 3 - Deepwater Port 4-13 Subsection 4 - Vessel Traffic Control System 4-17 Subsection 5 - Pipelines 4-17 -3- Page Subsection 6 - Receiving Terminal 4-19 Subsection 7 - Support Facilities 4-21 Section 4 - Positive Environmental Features 4-23 Section 5 - Control of Long-Term Development 4-25 CHAPTER 5 - OPERATION AND ENFORCEMENT PROCEDURES 5-1 Section 1 - Statutory Authority 5-1 Section 2 - General Provisions 5-2 Subsection 1 - Implementation of Protection Plan 5-2 Subsection 2 - Operational and Contingency Plans 5-6 Subsection 3 - Anti-Pollution Policy 5-11 Section 3 - Financial Responsibility 5-12 Section 4 - Construction Guidelines 5-17 Section 5 - Operational Guidelines 5-20 Subsection 1 - General Provisions 5-20 Subsection 2 - Operator Training and Performance 5-20 Subsection 3 - Navigation and Mooring 5-21 Subsection 4 - Transfer, Transportation and Stor- age of Oil and Hazardous Substances 5-22 Subsection 5 - Waste Disposal 5-23 Section 6 - Monitoring Programs 5-23 Section 7 - Approval of Projects and Activities 5-26 Section 8 - Inspection 5-32 Section 9 - Administrative and Judicial Procedures 5-35 Subsection 1 - Administrative Procedures 5-35 -4- Page Subsection 2 - Judicial Procedures 5-37 Section 10 - Laws of Other Agencies 5-38 CHAPTER 6 - FUNDING OF ENVIRONMENTAL PROGRAMS 6-1 Section 1 - Statutory Authority 6-1 Section 2 - Findings of the Authority 6-5 Section 3 - Louisiana Environmental Protection Fund 6-5 Section 4 - Environmental Costs 6-7 Section 5 - Environmental Compensation 6-8 Section 6 - Research Projects 6-10 CHAPTER 7 - C00RDINATION AND COOPERATICN 7-1 Section 1 - Statutory Authority 7-1 Section 2 - General Provisions 7-3 Section 3 - Federal Agencies 7-4 a - Department of the Interior 7-4 1 - Bureau of Land Management 7-4 2 - United States Geological Survey 7-5 3 - Bureau of Sport Fisheries and Wildlife 7-6 b - Department of Transportation 7-7 c - Department of Defense 7-11 d - Department of Commerce 7-12 1 - Maritime Administration 7-12 2 - National Oceanic and Atmospheric Administration (NOAA) 7-12 e - Council on Environmental Quality 7-14 f - Environmental Protection Agency 7-14 g - Federal Maritime Administration 7-16 h - Other Federal Agencies 7-17 Section 4 - State Agencies 7-8 a - Louisiana Wild Life and Fisheries Commission 7-8 -5- Page b - Department of Conservation 7-9 c - Department of Health 7-10 d - Governor's Council on Environmental Quality 7-10 e - Stream Control Commission of Louisiana 7-10 f - Air Control Commission of the State of Louisiana 7-11 g - Office of State Planning 7-11 h - Louisiana Advisory Commission on Coastal and Marine Resources 7-11 i - Other State Agencies 7-12 j - Local Agencies 7-13 k - Consultation with Local Authorities 7-24 CHAPTER 8 - C0NSTRUCTION AND EFFECT 8-1 APPENDIX A ENVIRONMENTAL PROTECTION PLAN OF THE OFFSHORE TERMINAL AUTHORITY STATE OF LOUISIANA CHAPTER I INTRODUCTION Section 1 - Scope and Purpose a. State Law (1) Act 444 of the Louisiana Acts of 1972, as amended by Act */ 358 of 1974, (La. RS 34:3101-16) (herein called the "Act") created the Offshore Terminal Authority (herein called the "Authority") and provided that it should be vested with "exclusive and plenary power to issue licenses, certificates and permits, and otherwise regulate all phases of the construction and operation by any person of off- shore terminal facilities within the jurisdiction of the Authority" and "to promote, plan, finance, develop, construct, control, license, regulate, supervise, operate, manage, maintain and/or modify offshore terminal facilities within the jurisdiction of said Authority". (RS 34:3109G and 3101A). The Act is attached as Appendix A. (2) Under the Act, the Authority is "empowered to take all nec- essary steps to protect Louisiana's unique coastal environment from any short-term or long-term damage or harm which might occur from any */ Subsequent references to Louisiana Revised Statutes are to "RS". 1-2 aspect of the Authority Development Prograd'. (M 34: 3109D) . (3) The Act gives the Authority "exclusive jurisdiction over the Authority Develalpment. Program within the coastal waters of Lou- isiana, the areas of the State extending seward thereof to the ex- tent of the State's rights thereto, and over such other waters, wa- ter battoms, wetlands and lands within the territorial boundaries of' the State necessary to effectuate the purposes of" the Act. Moreover, the Authority is given "exclusive power to cum, operate, license, or otherwise regulate all offshore terminal facilities within its juris- dicticn.'11 (RS 34:3101). (4) The Act provides that aamg the purposes of the Authority are "to protect envi=mLental values and Louisiana's unique coastal marshland ecosystem through the adoption of an environmental protec- tian plan" and "-to assert and protect Louisiana's economic, social and environmental interests an the development of any offshore termi- nal facilities outside the State of Louisiana where such developrent may have an impact upon the State of Louisiana;" [FS 34:3101B(5) and (6)]. (5) Pursuant to Section 3" 3 of the Act, entitled "Environmen- tal Protection Plan", and in accordance with the rule-making proce- dures of the Louisiana Administrative Procedure Act (RS 49:951-66), and the Genera.1 roles and regulations of the Offshore Termizal Author- ity,, the Authority adopts tile Within Enviromental Protection Plan 1-3 (herein called the "Protection Plan"), as a rule and regulation of the Authority. (RS 34:3113C). (6) This Protection Plan which is "an integral part of the authority development program and which shall be applicable to any offshore terminal facilities within the jurisdiction of the Author- ity, "establishes those steps to be followed to insure the protection of the environment throughout all phases of the Authority Development Program." [RS 34:3102(3), 3113A and 3113G]. b. Federal Law (1) Under the Deepwater Port Act of 1974, PL 93-627 (33 USC 1501 et seq.) (herein called the "Deepwater Port Act"), the Secretary of Transportation is authorized and empowered to license any "deepwa- ter port", which is defined to include ". . . components and equip- ment, including pipelines, pumping stations, service platforms, moor- ing buoys, and similar appurtenances to the extent they are located seaward of the high water mark." (2) The Deepwater Port Act, which is expressly stated to "pro- tect the interests of . . . adjacent coastal States in the location, construction and operation of deepwater ports", and to "protect the rights and responsibilities of States . . . to regulate growth, deter- mine land use, and otherwise protect the environment in accordance with law", makes the law of the nearest adjacent coastal State, now 1-4 in effect or hereafter adopted,, anendedo, or repealed,, applicable to a deepwater port; ,to the extent applicable and not inconsistent with arry provision or regulation under [the Deepwater Port Act] or other federal laws and regulations now in effect or hereafter adopted, amended, or repealed." (3) Section 19(a)(2) of the Deepwater Port Act states that ex- oept as otherAse provided in that Act, nothing therein "shall in any way alter the responsibilities and authorities of a State or the Uni- ted States within the territorial seas of the United States.11 (4) Section 18(k)(1) of the Deepwater Port Act provides that it "shall not be interpreted to preerrpt the field of liability or to preclude arry State frcrn inposing additicnal requirements or liability for any discharge of oil from a deepwater port or a vessel within any safety zone@ll (5) Section 4(c)(10) of the Deepwater Port Act provides that the Secretary may issue a license if "the adjacent coastal state to which the deepwater port is to be directly connected by pipeline has developed, or is making . . . reasonable progress . . . toward devel- cping, an approved coastal zone managemant program pursuant to the Coastal Zone Management Act of 1972.1, Section 2 - Definitions 1 "Act" rreans Act 444 of 1972, as an-ended by Act 358 of 1974 (RS 34; 3101 et seq.) , which establishes the Offshore Terminal Author- ity, and any amendments thereto. 2 "Actual stress" means an identifiable stress which is rel- atively certain to occur as a natural and direct consequence of the construction.and normal operaticn of a deepwater port and onshore fa- ci-lities. 3 - "Acutell means having a sudden onset, sharp ris e, and short course. 4 - "Air contaminants" means part-iculate matter, dust, fuTes, gas, mist, smoke or vapor, or any cmbination thereof produced by processes other than natural. 5 - "Air pollution" means the addition of air contaminants to the atmosphere in such quantities that the then existing State or federal anbient air quality standards or emission standards would be violated. 6 - "Anaercbic conditions" means the absence of free oxygen. 7 - "Aramatic cmqxunds" means that class of reactive hydrocar- bon molecules identified by its characteristic benzene ring. Aromatic cLALpounds typically have high solvent power in contact with other sulb- stances. 8 "Authority" means the offshore Terminal Authority as estab- 1-6 lished by the Act. 9 - "Authority development program" means all the phases of growth and development through which the concept of offshore terminal facilities may go, including but not limited to promoting the concept, raising funds to support the program, planning the uses of the facili- ties, selecting sites for facilities, designing the structures, con- struction or regulating the construction of facilities, operating and maintaining or regulating the operation and maintenance of the facili- ties, expanding or renovating or regulating the expansion or renova- tion of the facilities, modification and retirement or regulating the modification or retirement of the facilities, and any other phases through which Authority development may proceed. 10 - "Barrier island" means a shoreline island, separating an estuary fran the ocean, which acts as a natural barrier against storms and marine forces. 11 - "Baseline data" means data which is used as a base or norm from which to measure changes. 12 - "Benthos" means organisms that live on or in the bottom of bodies of water. 13 - "Biological oxidation." means the natural process of decay or destruction of organic materials by the action of microbes. 1-7 14 - "Board of Commissioners" means the governing body of the Au- thority as established by the Act. 15 - "Brine" means water saturated or strongly impregnated with salt. 16 - "Brine storage area" means a recirculation holding pit used in conjunction with oil transfers to and from salt cavern storage. 17 - "Cap rock" means an impervious body of anhydrite and gypsum, which overlies the top of a salt dome. 18 - "Cathodic protection" means a corrosion protection system wherein the flow of current from anodes to cathodes of corrosion cells is prevented by means of galvanic anodes or impressed current. 19 - "Check-off list or procedures" means a prepared list or procedure on which each item must be checked or initialed as being completed before proceeding to the next item. 20 - "Chronic" means marked by long duration or frequent recur- rence. 21 - "Compensation" includes rehabilitaticn, restoration, and reparation. 22 - "Decision" or "order" means the whole or any part of the final dispositim (whatever its form, whether affirmative, negative, 1-8 injunctive, or declaratory) of the Authority, in any matter other than rule-making, required or pe=dtted by constitution or statute to be determined on the record after notice and an opportunity for an Author- ity hearing. 23 - "Deepwater port" means any fixed or floating marmade struc- ture other than a vessel, or any group of such structures, located be- yond the territorial sea and off the coast of the United States and which are used as a port or tendnal for the loading or unloading and further handling of cil for transportation to any State, except as otherwise provided in Section 23 of the Deepwater Port Act. The term includes all associated components and equipment, including pipelines, puWi.ng stations, service platforms, mooring buoys and similar appur- tenances to the extent they are located seaward of the high water mark. 24 - "Deepwater Port Act" means P.L. 93-627 (33 USC 1501 et sea), and any amendnents thereto. 25 - "Detritus" means loose particles, formed by the disintegra7- tim of organic matter, wbich serve as a food source for aquatic spe- cies. 26 - "Develcpment corridor" means existing land corridors which are already developed for human habitation, commercial or industrial. activity, or transportation. 27 - "Discharge" includes, but is not limited to, any spilling, 1-9 leaking, pumping, pouring, emitting, emptying, or dumping. 28 - "Dispersant" means an active surface agent which causes an oil film to break up because of the formation of fine oil droplets, which are more susceptible to natural degradation. 29 - "Emulsifier" means an active surface agent which promotes the formation and stabilization of an emulsion. 30 - "Emulsion" means a system consisting of a liquid dispersed in an immiscible liquid. 31 - "Environmental Director" means the person employed by the Authority to assist in the administration of the Protection Plan. 32 - "Environmental Protection Plan" (hereinafter "Protection Plan") means a written document prepared in conformity with the Act, which shall be a regulation of the Offshore Terminal Authority, which establishes those steps to be followed to insure the protection of the environment throughout all phases of the Authority development program and which shall be applicable to any offshore terminal facil- ities within the jurisdiction of the Authority. 33 - "Erosion means the natural destruction or wearing away of terrestrial surfaces by the action of water and wind. 34 - "Executive Director" means the Executive Director of the 1-10 Author ity diosen by the Board of Camlissioners as provided for in the Act. 35 - "Fe,@- pipelinell means an ancillary oil-transportatiai pipeline which is connected with, or tzpped into, offshore terminal facilities within the Authority's jurisdiction. 36 - "Fund" means the Louisiana Errviraurental. Protection Fund. 37 - "Garbage" means waste edible material generated by the preparation of food for human consumption or the disposal of uneaten food. 38 - "Hazardous substance" nrans any substance designated as such pursuant to the Federal Water Pollution Control Act and any amexidments thereto. 39 - "Littoral cix=tI1 means a current located near and gener- ally parallel to the shoreline of an ocean, lake, or other large body of water. 40 - "Littoral drift" maans material that moves in the littoral zone under the influence of waves and currents. 41 - "Manifold" mean a junction of several pipes and/or hoses. 42 - "Major oil spill" means a discharge of oil of wre than 10,000 ga-Uons to the inland waters or more than 100,000 gallons in coastal waters. 43 - "Mwring master" rreans an individual- holding a masters oer- tificate, experienced in the operation of bulk cargo vessels who is responsible [without diminishing the ultimate responsibility of a ves- sel master] for berd-dng, unloading bulk cargo, or oil transfer and de-berthing operations . 44 - I'Mudlump" neans a topographic expression on the surface of a seabed resulting fran deposition of thick localized masses of heav- ier bar sedinjents directly upon lighter, plastic clays and subsequent diapiric: action. 45 - "National Contingency Plan" means the Naticnal Contingency Plan for rw=al of oil and hazardous substances, prepared pursuant to section 11(c) (2) of the Federal Water Pollution Control Act. 46 - "Navigaticnal fairway" neans a navigaticnal open path or approach or departure corridor for vessels using a deepwater port fa- cility. 47 - "Offshore tenninal facilities" means a structure, a series of stn=tures,, or facility of any type and placed within the coastal waters of Ioui iana, or seaward thereof and designed to accami.odate the cargoes or passengers of deep draft vessels whose draft is greater than the dep-dis of typical inland harbors and waterways, conTmly used 1-12 by oceangoing traffic during the first half of the twentieth century, including all pipelines, structures, and facilities directly related thereto and necessary or useful to tie operation thereof whether landward or seaward of the main structure or facility itself. off- shore terminal facilities shall include deepwater port and onshore facilities. 48 - "Oil" means petroleum, crude oil, and any substance refined from petroleum or crude oil. 49 - "Oil spill" means the discharge of oil into or upon the navigable waters of the United States, adjoining shorelines or wet- lands, or into or upon the waters of the contiguous zone 50 - "Oil spill cleanup agent" means any substance applied to oil on water or associated shoreline, the function of which is to disperse, remove or otherwise control the oil. 51 - "One-hundred year storm" means the maximum storm which can be expected to occur at a frequency of once per one hundred years, based on past observations and frequency of occurrence. 52 - "Onshore facility" means all pipelines, structures, and facilities functionally related to, and landward of, a deepwater port and necessary and useful to the operation thereof. 53 - "Operational and contingency plan" means a written document, 1-13 and arry amendwnts; thereto, prepared in accordance with the require- ments of the Protection Plan. 54 - "Outdoor burning" mans burning of any material without the benefit of equipment primarily designed for the combustion of fuel and/or waste material anVor in such a manner that the products of the combustion are emitted directly to the atmospbere. 55 "Owner or operator" means any person owning or operating a vessel, deepwater port or onshore facility within the jurisdiction of the Authority, whether by statute, rule or regulation, license, lease, omtract, or any other form, of agreement. 56 - ITC-Irtyll means each person or agency named or admitted as a partys, or prcperly seeking and entitled as of right to be adnitted as a party. 57 - "Person in charge" means the person on the scene who has cp- erational responsibility for a deepwater port, platform complex, on- shore facility, or vessel associated with a deepwater port frm which oil or other pollutants are discharged when the discharge occurs. 58 - I"Person" means arry individual, partnershipi, corporation, as- sociation,, subdivision, or public or private organization of any character, other than the Authority. 59 - "Photosynthesis" means the fonnation of carbohydrates and 1-14 Oxygen in the chlorcPhyll-containing tissues of plants exposed to light. 60 - "Platfonn" means a fixed structure which rests cn or is embedded in the seabed that has floors or decks in which an activity or specific functim may be carried out. 61 - 11platfoira ocuplexle means offshore platforms omtaining, inter alia, transfer pumps, metering eqUIpment, navigaticn control equipment, camimicaticns equipment, holding tanks, and quarters for offshore crew. 62 - "Pollutants" shall include,. but not be limited to, oil of any kind and in any fo=,. gasoline, pesticides, amaxiiia, chlorine, all hazardous substances, and all other substances which are alien to the area or areas that may be affected by such substances. 63 - "Pollution"-neans a discharge or deposit into any of the waters or wetlands within the Authority's jurisdicticn, or which ul- timately canes within any such areas, of any liquid, gaseous, or sol- id substance or substances which may create a nuisance therein or ren- der such areas unclean or noxious to such extent as to be detrimmtal to the prcpagati-an, cultivation, or conservation of animals, birdst fish, or aquatic life, or unsuitable with reascnable treatment for use as present or possible future source of public water supply, or unsuit- able for camercial, industrial, agricultural, recreaticnal, or other 1-15 reasonable uses. It shall also include the discharge or deposit of any substance wbich, because of its is detrimental to, or unsuitable for, any of the above described uses. 64 7 "Positive shutoff valve" means a mechanical device to reg- ulate liquid flow through a pipeline -or hose systen, and capable of positively stopping flow when activated by autcinat1c and/or manual means. 65 - "Potential stress" means an identifiable stress which could occur as a natural and direct consequence of the construction and CP- eration of a deepwater port and onshore facilities, although all rea- sonable precautions against such an eventuality have been taken (for example, fires, explosions, or oil spills). 66 - "Protection Plan". See Envixomental Protection Plan. 67 - "Receiving tenninal" means storage facilities and associa- ted equip'nent for the receipt and storage of liquid hydrocarbons. Facilities may include above ground steel tarks and/or storage cav- enis in salt dcnes. 68 "Regional Ccntingency Plan" means the regional plan for the removal of oil and hazardous substances for the Sixth Coastal Region published pursuant to the National Contingency Plan. 69 - "Reinforced construction" as applied to a transfer hose, 1-16 means a hose caqposed of marry plies of fabric, wire, and synthetic rubber, then wrapped wath hIgh-tensile steel wire inbeedded in synthet- ic rubber. Non-reinforoed hoses am constructed without- the steel- wire wrapping. 70 - "Rule" means each Authority statement that implements, in- terprets or prescribes substantive laa or policy, or prescribes the procedure or practice requirements of the Authority. The term in- cludes the amendment or repeal of a prior rule, but does not include (A) statements ccncerning only the internal management of the Author- ity and not affecting private rights or procedures available to the public; or (B) intra-agency memoranda. 71 - "Safety zone" mans the safety zone established around a deepwater port as determined by the Secretary of Transportation in accordance with Section 10 (d) of the Deepwater Port Act. 72 - 11sait, cavemil means an -underground cavern within a salt dam for the storage of oil or brine. 73 - "Salt dome" means a diapiric or piezterrent, salt structure with a central, nearly equidistant salt core which has risen through the enclosing sediments frcn a mother salt bed beneath the top of the core. 74 - "Saltwater intrusion" means the intrusion of salt water 1-17 into other bodies of water causing a measurable increase in salinity. 75 - "Sanitary waste" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes. 76 - "Seomdary develqpment" means development of those process- ing facilities and other industries associated with the bulk canmd- ity, and the associated urbanization 4xich way occur. 77 - I'S ervice vessel" means a vessel providing support or ser- vice to .a deepwater port, onshore facilities, and to vessels deliver- ing cargo and personnel to these facilities. 78 - "Solid wastes" rrea*ns solid waste material including, but not limited to, plastics, cans, paper, scrap metal, and bcv-es. 79 - "Solution mininglo means the in-place dissolution of water- soluble salts with a leaching solution. 80 - "Spill prevention caatrol and countermeasure plan" means a plan prepared pursuant to the Envixcnmental Protection Agency reg- ulatiorLs set forth in 40 CFR 5 112-3 et seq., as amended by 39 FR 31602, August 29, 1974. 81 - "Spoil" means earth and rock which has been excavated or dredged. 1-18 82 "Stress" mans a force or influence imposed upon the na- tural or huwn envirormient as a result of the Authority developoent program. Stress also includes any state resulting frcin the irrrposi- tion of a force or influence in wiuch natural or human processes or ccnditicns have been changed. Stress may be zeferred to as an "irn- pact.11 or "effect". When stress is used as a test for loss to the en- vironment it means the same as provable damage. 83 - "Substrate" means a substance, base, or nutrient on which an organism grcws. 84 - "Submarine sluTping" means sea floor slides caused by the instability of poorly omsolidated deltaic sediments. 85 - "Subsidence" means the sinking or settling of land, or the gradual 1cwering of land with respect to sea level. 86 - "Three Directors" mans the Executive Director of the Au- as provided for in the Act, and the Director of the Louisi- ana Wild Life and Fisheries Ccmuission, and the Director of the Lou- isiana State University Center For-Wetland Resources. 87 "Tidal Pass" mezns a natural channel which permits inter- change of water between an estuary and the open sea, and provides a migration route for aquatic species. 88 - "Transfer hose systed' means the hoses and associated fit- 1-19 tings and connections through which oil is transferred between a bulk cargo carrier and the manifold of the moncbucy system. 89 - "Transfer" includes both onloading and offloading between a deepwater port and vessels, a deepwater port and onshore facilitiest and vessel to vessel. go - "Treatment facility" means a system or device to separate and remve contaminants from waste water or to cionvert other liquid wastes into environmentally acceptable substances. 91 - "Turbidity" means a condition of darkened or xeduced clarity of water caused by the presence of suspended material. 92 - "Vessel" means every description of watercraft or other ar- tificial contrivance used as a means of transportation on or through water. 93 - "Volatile vapors" are those petroleum fractions which tend to vaporize at arrbient temperatures and pressures. 94 - "Wetlands" means lcwland areas, including natural levees cheniers, beach areas, marshes, swarrps, and other 1cw lying areas, characterized by a high degree of soil moisture, which are periodical- ly or permanently covered with water. Mus definition is not intended to go beyond the scope of the Deep- water Part Act. 1-20 Section 3 - General Provisions a - This Protection Plan applies to all phases of the Authority development program, and the detail of this Protection Plan sh&U be follcwed in all respects by the Executive Director in carrying out any phase of the Authority development progran includuV the licensing and regulation of any person who may construct and operate offshore terminal facilities within the jurisdiction of the Authority. (RS 34:3102(2)(3) and 34:3113A). b - The Authority is authorized to negotiate and enter into oon- tracts or agreemen ts with arry public or private individual,, or corpo- ration, for the construction and operation of a petroleum tenmxual as an interstate ocmrcn carrier. (RS 34:3109F). Any such contract shall constitute an aspect of the Authority development prograrn. c - The Protection Plan, f6mulated. by the three Directors, with the advice and consent of the Board of ComaAssioners, may be amezided, in accordance with the provisions of the Louisiana Administrative Pro- cedure Act and the Authority's General Rules and Regulations, to re- flect changes in the Authority development prograrn. Initiation for d-ianges ney come frar any of the three Directors, the Board of Ccmmis- sioners, or any interested person. (16 34:3113 B and E). d - In preparing wiy amendment to the Protection Plan, the three Directors shall make every effort to reach a consensus. If they are 1-21 unable to agree, each shall proffer his proposal and present it to the Board of Commissioners for its consideration. Each of the three Directors shall present detailed comments and recommendations to the Board of Commissioners. After receiving and studying the comments and recommendations, the Board of Commissioners shall decide which proposal, or combination of proposals, shall be adopted and promul- gated. (RS 34:3113F). e - The best talent available shall be sought to perform the studies and surveys necessary to develop an environmental protection plan and carry out its requirements in accordance with the Act. To the extent possible, university based public and private researchers in Louisiana shall be utilized (RS 34:3113H). f - In all cases, research in support of the Protection Plan shall be coordinated by agreement of the three Directors. (RS 34:3113H). Section 4 - Requirements of Protection Plan a - The Act states that the Protection Plan shall contain spe- cific provisions implementing the following statutory requirements (Sections 3113J and I): "(1) Summarize the salient feature of an inventory of all potential and actual stresses on the natural and human environment which can reasonably be expected to occur in pursuing the Authority Development Program. Consideration 1-22 shall be given to stresses which have occurred in other parts of the country and the world where s imi lar func- tional operations were being performed. Consideration shall be given to the peculiarities of IaAsianals coast- al enviraurent. The inventory of potential and actual stresses shall include a prediction of the stress on the coastal environment of major accidents, wiuch could log@- ically be expected to occur throughout the Authority De- velopmnt Program, even though all precautions against such accidents have been taken. "(2) Describe the essential features of existing en- vironmental data upon which the selection of a site for a Deep Draft Harbor and TenTanal may be based. Indicate how this data has been analyzed and compared with the inven- tory of potential and actual stresses required in the above Paragraph, so that the site selected will result in the least total stress m the envircrm*ent. Indicate how eco- nomic considerations are compared with the assessed total stress on the environment to arrrive at the best econcmic- ecologic formula for determination of a site for the Deep Draft Harbor and Terminal. State the location and availa- bility of the environmental data upon wtilch these detenni- nations are based. (3) State haw the Deep Draft Harbor and Terminal fa- cility design minimizes potential environniantal. damage,, considers enviromental factors as a positive part of the design, and controls laig-tenn development so that gradth and additions to the Deep Draft Harbw and Terminal do not result in random. grawth or in gradual envircnmental deteri- oration. "M Present details of how the operational aspects of the Authority Development Program will be conducted so as to minimize environmental problems, including but not limi- ted to a monitoring program by appropriate public or pri- vate persons selected by the board of comalissioners; estab- lishment of constructional and operational guidelines for envircmkental protection; strong enforcement provisions, and mechanisms to insure cleanup of accident spills by tech- nical means, with evidence of financial responsibility to insure performance of the cleanup, and compliance with the provisions of the Environmental Protection Plan. M-P- plan shall consider the circumstances which may.justify the tem- porary cessation of port activities. 1-23 "(5) Provide procedures for the funding of projects to be paid for by the Authority to the Louisiana Wild Life and Fisheries Cannissicn, or any agency designated by the governor which shall =npensate the coastal envirortment for loss that may be sustained through the stresses on the environment created by the Authority Development Program. 11(6) Analyze ongoing prograurs of the federal, state and local designed to pro@t the coastal en- viroament, so as to insure that there is no unnecessary du- plication. of effort, and to insure that cooperation and co- ordination of envircmLental protection measures are achieved. The opinion of all agencies with a responsibility for moni- t0r:Lng the coastal environment shall be sought with regard to this Environmental Protection Plan prior to its prcumiga- tion, to determine if there are inom-patibilities bett;een specific provisions of this measure and the requirements of other rules and regulations." b - "if specific provisions cannot be set forth due to uncertain- ties in the Authority development program, then the Envi=%mentai Pro- tection Plan shall state in specific tenrr. the uncertainties which do exist at the time the plan is pranulgated, and why the uncertainties would make the inclusion of specific provisions in the plan premature. 2/ (Section 31131).- The Protection Plan is designed primarily to protect the environ- ment with respect to stresses resulting from an oil transfer fa- c3-Uty, although deep draft dry bulk transfer facilities may be de- veloped in the future. The basic provisions of the Protection Plan shall apply to all offshore terminal facilities within the Author- ity's jurisdiction,, but specialized facilities developed later may require more specific provisions. 11he Authority Pay find it neces- sary to include additional provisions covering certain matters for which provisions cannot presently be set forth due to uncertainties in the Authority development program resulting from the absence of Federal regulations under the Deepwater Port Act. Accordingly, the Authority recognizes that amendment of several provisions of the Protection Plan may be necessary in order to set forth specific pro- visions in accordance with Section 3113J(1)-(6). 1-24 Section 5 - Location and Availability of Environmental Data a - It is the policy of the Authority to make the fullest pos- sible disclosure of information to any person upon request. All in- formation in the Authority's possession will be made available in ac- cordance with applicable State and Federal law. b - To the fullest extent reasonably possible and in compliance with applicable State and Federal law, all environmental data on which this Protection Plan is based, or on which the three Directors base a recommendation which forms the basis of an Authority determination un- der this Protection Plan, shall be available for public inspection at the offices of the Authority in New Orleans. CHAP= 2 SUMMARY OF S6qM6qMSES 'Section 1 "'Statutory Authority- Subsection 6qi(l) of 2qPS 34:3113 requires that the Protection Plan set forth a summary of "the salient feature Of an inventory Of all potential and actual stresses on the natural and human environment' which can be reasonably eq@0q@ected- to result F - the Authority de- velo8qgaent 4qpqr2qoqgqrqan, consideration being given both to stresses which have occurred at simi I a functional operations 8qin other parts of the world,, and to "the peculiarities of T6qzuis6qL8qanals coastal en2qvqiro2qnqr2qent." S0qubsectim Jq(2qlq) also requires that the Protection Plan "include a of t0qhe stress on the coastal envi4qm4qn0qment of major acci- dents which could logically be expected to occur. throughout the A4quqr 8qt2qu2qz2qity Development P4qrograqrnt even though all a0qgaixqist such accidents have been taken." Section 2 - General Provisions Subsectqi0qon 1 - Intz4qo0q&4q=ticn. 0qn2qus a8qu8qvqter will identify, as precisely as possible, the ac- tual and potential stresses on the natural and human env4qi08qx08qo08qn4qT08qent, which may result f04qz08qm the Authority dev04qelo0qr04qmq"04qent program,, based on e04qx4qI4qsti4qr48qV env48qir04qo08qnr00qe04qntal data, the observed operations of c8qo4qt4qr40qparable ins4qiq-0qAllatic04qns elsewhere, and the peculiarities of the T0qnqiq-qIi coastal enviroment. 2-2 Subsection 2 - References. in dete2qnqninin0qg the stresses which can reasonably be expected to result from the 2qA8qu8qf8qt2qwity development program, and in consider- ing stresses and accidents encountered at similar function-aql- o4qp- erat:ions in other parts of the world,, and the effect: such stresses a8qnd accidents could have in light of the peculiarities of T8qouis2qiq- anals coastal. e4qnviqz8qor4qnent,, the Authority has consulted and referred to numerous studies and 4qn4qg the following: (a) "Louisiana Superport. Studies, Report No. 1, and Data Analysis," Louisiana State Universi- ty Center for Wqatla8qnd Resources (August,, 1972); qCb) "Louisiana Squ6qperport Studies,, Report No. 2, Preliminary Assessment of the Environmental T0qh0qpact of a Supeqrport, on the Southeastern Central Coastal Area of Louisiana," Louis' State University Center for W6qetl4qan0qd Resources (1972); (c) "Louisiana Superport Studies, Report No. 3, R8qec8qoqa8qm4qw4qdaq- ti4qoqns for the Environmental Protection Plan," Louisiana State University Center for Wet4qland Resources (6qOctqc4qber 31,, 1973); (d), "qTouisia2qna Superport Studies, Report No.. 4, Technical Ap- pendices to for the Environmental Protection Plan," Louisiana State University Center for Wetlands Resources 8qOqk8qn4qm8qm6qbe4qr, 19 74) ; (0qe) "Draft Environmental 2qL8qRqpact Statement - Dee0qpwater Ports," United States Department of the Interior (J2qbne,, 1973); (f) "Report on Gulf Coast Deep Water Port Facilities, 2qT08qw08qmsq,q, Louisiana,, Mississippi,, Alabama and Florida," United States 28qA08q=40qV Corps of Engineers (June, 1973); etlands Pr12qospectusqt" Louisiana Advisory Ca4qaq- (g) q"Louisiana 32qW mission 04qo6qn Coastal and Marine Resources (Se40qpt4qe4qn40qberq,q, 1973); (48qh) "Environmental Atlas and multqa.2q-Use Management Plan for South Central Louisiana ,q,q" Louisiana State University Center 2-3 for Wetland Pasources (October,, 1973); q(2qi) "West Coast Deepwater Port Facility Study,"'United States AMY Corps of Engineers (June, 19 73) ; q(j) "U. S - Deepwater Port Study Volume 4 , The E0qn0qv4qi4qrqonm,q-mtal and qEx8q" 2qcg-qLcal Aspects of Dee8qpwater Ports,. 0 Nathan Associates q(2qAql0q@r 1972)q; Ck) "Mi8qnqi2qm8qi2qz2qb8qV Damage to Refineries from Nuclear Attack,, Nat- 8qWaql and Other Disasters,," u. s. Department of interior, 2qM. 6qM. Stevens February,, 1970); (0q1) "Offshore Terminal System Concepts ," U. S. Department of 6qC4qm4qmerce, Soros Associates, Inc. (Se6qpt4qar2qber, 1972); (8qm) "Tanker arid Bulk carrier Terminals," -ihe institute of civ- il Engineers,, London,, U. 2qK. (November,, 1969); (n) "Me Georges Bank 2qPetroleuqn Study," Massachusetts 2qInst6qi- tute Of Te0qd4q=14q0q10q9Y,, C4qanl4qbrulgei, 2qB-qAssach8qusetts (February, 1973). Sectim 3 -,Findings of the Authority Subse8qctic2qn 1 - Potential Stresses. q7he Au4qtqiority has qnq1ne4qdf upon consideration of stresses which have occurred at offshore terminal :facilities in other parts of the world, and at offshore production operations 4qi8qn the United Statesr and u4qpon 2q=]8qS3.deratIqc0qn of the peculiarities of Louisiana's coastal e4qnvir2qoqr8qz2qw2qnt, that the potential stresses which might reaq- sona0qbly be expected to result 4qf =a the Authority development pro- gram are those set fqiort36qh below. a - Major oil spills 44qfram, maritime accidents, pipeline leaks. Or the rupture Or collapse of steel tanks or salt cavern storage have a very low pr40qoba40qb08qi44ql4qity of occurrence. where such spills have 2-4 occurred,, there has been substantial biological recovery within a relatively short period of time, although the rate of recovery for each species is dependent upon the season, degree of exposure, and the type of oil. Such 8qs4qpi 4qlql8qs, under certain conditions, could cause a number of effects: (1) Coating with oil: (a) Oil reaching a beach in large quantities makes it al2q=st uninhabitable for most aniquqla4ql and plant life in the qiqn8qv4qediate area ir4qr6qmlved, and destqztqrys its appeal, for human recreation; q(q1q3) Oil apparently affects oxygen transfer with. plant leaves. Marsh grasses recover fqz8qm ql8qo4qw level dosages, but heavy coating of the vegetation usually kills the plant parts above ground, and continued exposure usu- ally kills the roots; q(2qCqI Oil sinking to the bottom of the water way smother benthic organisms; (6q4q1 Deposition of oil on substrates,, such as rocks, sand,, and mud, may cause the alteratiqc4qn of marine habi- tats; q(eqY Oil slicks foul the hulls of c8qam4qercial and recreaq- ti6qo4qnal boats; 2qW Oil coating adversely affects aquatic birds. In o8qi4qlq-2qmtted plumage,, air qis replaced by water 0qd4qn4qmin0qg loss of both insulation and buoyancy; also,, oil ingest- ed dur4qi0qM preening can have t4qm4qdc- effects; (g) C16qbatin8q4 of organisms with oil may 8qn08qechanically in- terfere with organism activities such as respiration, feeding, and loc8qo08qn12qoti16qonq,q, p04qz08qc40qd08qw08q=q.40qq lethal or sub-lethal effects; (2) Soluble c04qm44qq00qx08qn04qm40qds contained in oil may have a number of adverse effects on organism which came in contact with the 2-5. oil. Table stress varies with the c8qmT4qp8qosition and 4qCqO6qM8qR4qntration of oil,, the biological sensitivity of various organisqr2qm, the season,, the life stage of the organism (larval, fo2q=6qs are par- ticularly sensitive), and the duration and frequency of expo- sure. tie possible effects of oil on individual 8qorganisqr8qm may be classified as follows: (a) 2ql0qmqrqe6qdiqaqt (acute) lethal toxicity; qCb) Sub-lethal disnqiptio8qn of behavioral patterns; (cql Incorporation of 0qh2qydr8qocaqr0qbons in orgaqnim tissue,. possibly causing flesh tainting, although qir8qcst organim 2qm purge themselves of hydrocarbons f2qo8qL8qk2qwqi4qm4qg removal of the source of (31 Some oil spill. cleanup agents may have the lethal or squ8qb- lethal effects described in sub-paragraphs (1) and (2) of this paragraph, dqe2qpex0qxqliqng upon the 0qcqoqu0qp0qmit-0qi0qo0qn and rate of app0qli4qcaq- t8qiqon of the agent and the exposure of the organi8qm; (4) 8qPteduced oxygen. content in the water may increase the qnqz4q=q- tality of sea life in the area. The possible causes of oxygen depletion resulting from an oil spill are: (a) An8qoil slick nay obstruct lqijq@0qht penetration through the water, decreasing 6q10q4q108qotosynthesis and thereby r04qedu04qc0q- i44qM 08q=y40qgen and chemical oxidation of the oil may re- duce the oxygen content of the water; q(c8q) Biological and d4qi04qa48qdcal, oxidation of dead or44qgan44qLsms 0qn04qm40qy ice the oxygen content of the water; 2-6 (5) An oil slick is aesthetically displeasing; (6) Volatile f0qracticoqns of oil will evaporate and could con- tribute to ca_q1 smog formation. b - Fires and explosions are potential stresses. A fire or explosion,, under certain eq"q"Aiti8qons,, could cause the loss of human Life,, the destruction of natural resources and property,, and dis- charge of oil into the natural environment'. 2qC q- Major brq34qme spills or 4qd8q=8qn8qic brine discharges could disq- rupt salinity patterns and estuarine life. d - Secondary development resulting fqzx4qm the Authority d4qevelq- 8qoqF0qr0qent program is a major potential stress. (The Authority's poli- cy with respect to secondary develo8qpqnent. is stated in Chapter 4,, Section 5,, paragraph cq).. Industrial deve24qo0qp0qment and related urban- izati6qon ancillary to offshore terminal facilities if established 6qi8qn coastaqL wetlands, could c4qm e the stresses set forth below. (8q1q) Secondary development in the wetlands could came disrup- tion or alt8qeratic8qn of water 8qM patterns.. salinity balq- anceq, wildlife habitats,, and nursery,, sp04qaqv08qT4qj08qm40qg a00qnd breeding activities of wildlife. Recreational a00qnd agricultural lands, qM and historical s4q3q.tesq,q, and unique features or hab- itats could be distu40qd0qDed or lost. 2-7 (2) Ir=eased population due to secondary develqm-ent in a wetlands area could require additional land area for buildings and require addit=nal public services, such as schools,, po- lice and fire protection, sanitation facilities,, water supply,, and utilities. (3) Secondary developnent in a wetlands area could result in - ericration of air and water quality,, increased noise,, and increased quantities of solid waste. e - 7he location of pipelines off the Louisiana coast could have the following effects: (1) Barrier islands serve as a regulator for salt and fresh- water balance in estuaries, serve as a sand source for beach fronts, help abate storm surges, and provide a physical set- ting for recreational activities. If a pipeline transected a barrier island, a new tida-1 pass could be created if the. pipeline excavation is not pxoperly f:LUed; (2) Barrier islands along the IDuisiana coast are by lateral or shoreline transport of sand. An unburied pipe- line in these areas could interfere with sand transport; (3) An unburied offshore pipeline could create a barrier or a change in the Littoral. currents. Ihese currents are the principal avenues used by fishery species in theax movment 2-8 into and out of the estuaries; (4) Tidal passes are critical. along the Louisiana coast be- cause they control the water regmme for the coastal wet4qL4qwqAqis and they provide a route by which qrqr4qdgrat4qory estuarine species can enter and leave. Alteration of a tidal pass could affect water 8qM and the salinity balance within an estuary. f - The construction of the receiving terminal could cause localized Laid subsidence which could change drainage and salinity patterns. Subsection 2 - Actual Stresses. The Authority has mined, based upon consideration of stress- e2qs which have occu6q=ed at offshore te2qn6qdnal facilities and siqn2qfqLla2qr qi2qmt-al 1 ations and upon consideration of the peculiarities of Louisi- ana's coastal environment, that the actual stresses which r0qdiqg8qht. r0qeqaq- sqc2qnqably be expected to result fqrqcm the Authority development program are as 8qf8qollcws: a - General The construction and operation of offshore terminal fa08qci.12q- iti08qes will generate air and water 4qc04qo and solid waste, and will incr08qeaseq'the noise level in the i00qn00qu00qediate vicinity; 2-9 2) Mle- construction and operation of offshore te4qnqr8qdnal faciliq- ties adjacent to the coastline of T4qcui iana will lead to 4qP4qO4qP4qUq- latim increases 8qw2qUqc4qh could directly affect the area as a re- sult of increased e6qM8qlo8qyment. directly associated with the A0quq- 6qe6qu6qxity development program; (31 q7he construction a8qnd operation of offshore te2q=inal facilq- ities will modify existing land use patterns and 4qdqian4qg8qe the baq- sic or operatic8qn of the ecosystem in the i2q=qiediat2qe, area and will affect wildlife habitat, use, and ,,8q=8qmeqry, sp4qa8qmiqng and breeding grounds for aquatic life in the iqn8qnediat8qe area; (41 The construction and operation of offshore t4qe8q=8qdnal facilq- ities qn2qW cause increased erosion wherever reve0qgetatio4qn of disq- tuqr4qbed areas is not cqoqn2qplet8qe. 8qb - Construction activities related to offshore terminal fac8qi.1q- ities may include land clearing, excavation, dredging, pile d8q=vin0qg, filling and back filling,, spoil disposal.,, solution mining and brine disposal. Actual stresses that will occur during construction 0qcpq- e2qxati2qons. are of a temporary nature and are gener0qa2qUy Limited to the i12qm0q@ediate area of the construction activity. They wi.11 include: 8qC2q3q.1 36qD0qF0q-0qmtruction of benthos in offshore and estuarine areas; 4q(21 Destruction or a6q34ql4quqerati04qon of marsh vegetation, leading to 2-10 an increase in the erosion. rate in the area affected; (3) Increase in turbidity adversely affecting is and respiration of aquatic life in the affected area; (4) Disruption of nursery, spaaning, and breeding grounds for aquatic life in the affected area; (5) Disnkotion of nabn-al land habitats; (6) or alteration of e-ldsting water circulation,, salinity patterns,, and nutrient cycles whid'i are necessary for the 6=*tence of nmy types of aquatic life and estuarine vege- tation; .(7) Increase in the amount, of interface between the land and the water leading to an increase in the erosion rate in the area affected; (8) Develapnent of anaerobic conditions which adversely af- fects plant and animal populations. c - 7he operation of offshore terminal facilities will cause the follcwing stresses: (1) Operaticns of bulk cargo carriers, support vessels, and Offshore terminal facilities wLU generate sanitary, liquid,, and solid wastes and garbage which will. require treatment or disposal. 2-11 (2) Small amounts of oil may be 4qc4qcqi8qdentally qa0qXqgqj from sane areas of a deepwater port, and f6qr6qcm certain onshore f2qa- aLlities. q7he design and, operational procedures 8qr8qa2qVired by the Protecticn Plan and applicable law should minimize such Wherever such 0qdqi4q=8qd4qc, low-level. oil disdqia4qrges 2qoccurr they can affect life f0qo8q=4qs in the immediate area de- pending on the species and the degree of exposure. (31 The physical presence of the onshore f a8qciqlitqies win a4qf- fect aesthetic qualities in the 4q=4qz8qx4qdiate vi8qc4qinity. (41 Secondary development throughout the State would result from the Authority development prograqzqa. - The concentration of industx8qY could in turn, promote an increase in the associated 2qcqO6qmmqercial and economic actq:qLv8qitqies The i4qmqr8qediate effects of these es could involve changes in land use, leading to population g2q=wt4qh and its associated demands on natural re- sources, housiqrqx8qj,, and public services. 6qTqhe Authority's poliq- 8qCY with regard thereto is stated in Chapter 4, Section 5, par- 8qce CHAPTER 3 SIM SELMMMY Section 1 - Statutory Authority a - Subsection J(2) of RS 34:3113 requires that the Protection Plan "describe the essential features of existing envimnuental. data upon which the selection of a site for a Deep Draft Harbor and Ter- minal may be based"; "indicate haw this data has been analyzed and ampared. with the inventory of potential and actual stresses" re- quired by Subsection i(l) so that the site selected will result in the "least total stress on the environment"; "indicate how economic considerations are campared with the assessed total stress on the environment to arrive at the best ecorxmiia-ecologic fonnula for de- termination of a site for the Deep Draft Harbor and Tenninal"; and I/ Since the initial promulgation of the Protection Plan, Congress has emcted the Deepwater Port Act which provides for the au- thorization and regulation of the "location, ownership, construc- tion and operation of deepwater ports in waters beyond the territc- rial limits of the United States." However, there are presently no regulations promulgated pursuant to that Act. @breover, there ex- ists the possibility that salt dm-e cavities nay represent feasible receptacles for oil storage, although the Authority does not have sufficient information on salt-dome storage at this time to enable it to evaluate the concept. Also, the Protection Plan is designed primarily to protect the environment with respect to stresses from an oil transfer facility, although dry bulk transfer facilities may be developed in the future. Because promulgation of regulations under the Deepwater Port Act, use of salt-dome storage, or develop- ment of dry bulk transfer facil i ties could affect provisions of the Protection Plan with respect to such matters as stresses, site se- lection, design, construction, operation, funding, and coordination, the Authority may subsequently find it necessary to further amend the Protection Plan to include appropriate provisions where such un- certainties presently exist. 3-2 "state the location and availability of the environmental data upon which these detenninations are based. b - Subsection D of RS 34:3109 empowers the Authority "to take all necessary steps to protect Louisiana's unique coastal environ- nent frm any short-term or long@-tenn damage or hann which might oc- cur fran any aspect of the Authority development program." -Section 2 -*General Provisions Subsection 1 - Statement of Policy. This Chapter is intended to assure that consideration is given to a number of alternative sites for offshore terminal facilities and that the sites selected will result in the least total stress on the environment and the nuxiinvm ecological damage to any part of 2/ Louisiana's unique and complex coastal environment.- a - The Authority adopts the follcwing findings of the Lou- isiana Advisory Commission on Coastal and Mzrine Resources as the policy of the Authority with respect to the protection of Louisi- The Authority will require comparison of any proposed site with alternative sites, including the three possible Louisiana sites examined by the United States Amy Corps of Engineers: The South- west Pass site, the BayoUrLafourche site,, and the Sabine Pass site. "Report on Gulf Coast Deep Water Port Facilities, Texas, Louisiana, Mississippi, Alabama and Florida," United States A3my Corps of En- gb-ieers Ciune, 1973). 3-3 ana s coastal environment:Y "The coastal zone of Louisiana is the most valuable yet the most complex region of the state. Coastal. and ma:- rine resources,, including living resources, non-living resources,, recz-eatim, fish, wildlife, estuaries and wa- ter and land resources, are of vital iurportance to the people and economy of the State and there is a genuine concem throughout the State for their planned and co- ordinated develoEment. and protection. "Living resources of the coastal zone are directly de- pendent upon viable marshes and swamps as integral parts of the estuarine systerns. Increasing uses of the coast- al zone for industrial and commercial develognent, water resources develpFaient, recreation, tourism., urbanization, and transportation are creating conflicts bet/jeen, these -uses. These conflicts, if not reconciled, may diminish the natural capacities of the estuaries to provide habi- tat for marry species of marine life and wildlife, produce nutrients essential to estuarine productivity, serve as a buffer against flooding and erosion of highlands, and aid in the assirmLlation. of pollutants in the coastal zone. "Development should not be prohibited in. the coastal zone. Hbwever, it is in the public interest and general well-be- ing of the people of Louisiana and within the police power of the State to establish the proper balance betaeen devel- opnent and conservation. [A] planned, coordinated and concerted program should be conducted by state in conjunction with local goverrments to prevent the hann from uncoor- dinated and ill-planned development of the state's coast- al zone, both public and private. 3/ "Louisiana. Wetlands Prospectus", Louisiana Advisory CcmTdssion on Coastal and Marine Resources, pages V-3 & V-5 (Septeuber, 1973). It is anticipated that the Environmental Protection Plan will be in- oorporated. into the coastal zone management program of the State of Louisiana as special management guidelines applicable to offshore ter- minal facilities, as a segment of that program in the area directly impacted by air and water developrent in the coastal zone resulting from such facilities. 3-4 "It is further declared that it is the policy of the State of Louisiana to provide for the systematic and regional management of the statels coastal zone by planning for and encouraging all reasonable and compatible uses and by dis- couraging unreasonable and incompatible uses. "'lhe Camnission believes that the coastal resources program of Louisiana should give priority to the orderly use, pro- tection and enhancement of the vast wetlands and coastal waters of the state in order to maintain their productivity and essential role in sustainixig the state's fisheries and wildlife resources and recreational uses. 7his priority does not lessen in any way the importance of other aspects of coastal resource use, such as econanic development or deep,ocean utilization but expresses the view that a first step in the program should be to focus on the most exten- sive physiographic feature of our coastal zone-the wet- lands and coastal waters. "The Cbmuission recanmends that Louisiana's fundamental pol- icy be to encourage full use of coastal resources by as many citizens as possible subject to five additional. policies. 11(l) Water flow, water circulation, water quantity and quality are the single most important factors of wetlands systems,, and the impact of uses on these factors needs careful review prior to their authori- zation. "(2) Impact of uses on coastal marshes and estuaries mist be measured on a regional or ecosystems basis so that the cumulative impact of many small uses can be assessed in terms of the viability and productivity of the region or system. "(3) Proposed land uses in the coastal zone must be assessed in terms of the intrinsic suitability of the site for the proposed use. "(4) Transportation and utility systems must be de- signed to encourage urban and industrial growth in corridors where it is best suited, and discourage such growth in wetland areas which are substantially undisturbed. - 1 11(5) Multiple use and econcmically diversified uses must be preferred over single-purpose uses of the coastal zone. 3-5 b - rJhe Authority recognizes that marry aspects of site selec- tion for offshore terminal- facilities cannot be made according to a precise fonmla,, and that in many instances the ecological. impact of the construction and operation of such. facilities cannot be read- i-ly expressed in eaoncmic terrrs. Subsection 2 - Findings of the Authority. a - Installation of a deepwater port off the Louisiana coast has substantial. economic and eco@ogical advantages over other meth- ods of transporting oil to Louisiana refineries. A deepwater port will locate port activity off the invediate Louisiana coastline; further,, the port wi I I be used by large bulk cargo vessels which will permit the transportation of greater amounts of cargo in few- er ships, thereby reducing the possibility of ship collision or grounding which could result in an oil spill. b - The Authority finds that deepwater port facilities for the handling of oil adjacent to the coastline of Louisiana should be limited in nutber to one, and that the deepwater port and on- shore facilities should occupy the minimum space necessary for their efficient and safe operation, c - The Report of the Corps of Engineers concluded that deep- water port facilities should be constructed off the east and west coasts of the United States, and off the Gulf coast in the areas of 3-6 Freeport, Texas, Louisiana, and Mississippi - Alabama. d - Based on the Report of the Corps of Engineers, the draft enviromental impact statenent subnutted with the federally proposed Deep Water Port Facilities Act of 1973, and other related studies, the Authority finds that a deepwater port located off the coast of Louisiana, which would serve the Louisiana and nidwest refineries,, should be planned as a part of the national systera of deepwater port facilities. Section 3 - Essential Environrrental Considerations, Subsection 1 - General. a - Because proximity of offshore teminal facilities to on- shore develogme-nt. corridors will reduce the aTmunt of wetlands area used for pipelines and onshore facilities, and because fullest pos- sible utilization of development corridors represents an effective step in.pursuance of the Authority's policy regarding secondary de- velopiment in coastal wetlands, as stated in Chapter 4, Section 5, paragraph c, the Authority finds that-all offshore terminal facili- ties shall, to the'fullest extent possible, be located in close proximity to, or be confined to, or@placed in alignnent with, on- shore development corridors,, and onshore pipeline routings shall, "Report on Gulf Coast Deep Water Port Facilities,, Texas, Louisi- ana, Mississippi, Alabara and Florida", United States A3my Corps of Engineers (June, 1973), at page 111. 3-7 to the fullest extent possible, be confined to development corridors, or be placed in or adjacent to existing pipeline rigxts-of-way or canals. Subsection 2 - Deepwater Port. a - Water Depth. (1) Because dredging temporarily destroys benthcs,, temporarily es turbidity which adversely affects photosynthesis and respiration of marine animals in the vicinity, and generates spoils which must be disposed of elsewhere, the Authority finds that any deepwater port shall be located where the natural depth of water is sufficient to minimize the need for dredging. (2) Because vessel groundings represent a major potential source of oil spills, the Authority finds that any deepwater port shall be located where the natural depth of the water is sufficient to assure against vessel groundings with the possibility of resul- tant oil spills. b - Navigational Fairways. Because the use of designated navigational f a3avays for en- trance to and exit frm a deepwater port will minimize the pos- sibility of collisions which may result in oil spills, the Au- thority finds that a d@!epwater port shall be located in an area 3-8 which has clear, unobstructed access to the open sea by navi- gational fairways which, to the fullest extent possible, do not transect established sea lanes, and in which existing off- shore gas and oil platfonr. will not interfere with the safe operation of the deepwater port,, and in which the deepwater portr or navIgation to and from the deepwater pcrt@will not interfere with the safe operation of existing offshore struo- tures. c - Sea Bottm Characteristics. Because poor foundation conditions, relatively steep sea- bed slopes,, and niadlump areas could endanger offshore instaUa- tions, including the possible rupture of the offshore pipelines connected to a deepwater port; therefore, the Authority finds that a deepwater port and its offshore pipelines shall be lo- cated in areas which have stable sea bottan characteristics. d - Marine Spawning Areas. Because installation of offshore terminal facilities could disturb sea bottan biological activity in the invediate area involved, and because disruption over a wide-spread area could cause alteration of marine spawnazxj activities, the Authority finds that offshore tenninal facilities shall, to the fullest extent possible, not be located within, or transect, marine spawning areas. 3-9 e - Off shore Pipelines. Since the possibility of accidents is lessened if the Off- shore pipeline routing avoids contact with. existing SUhMr3-ne installatlOnSp the Authority finds that the offshore pipeline routing shall avoid crossings or other contacts with existing subrarine installations, to the fullest extent possible. f - Barrier Islands. (1) Because barrier islands serve as a regulator for salt and fi-esh-umter balance in estuaries, serve as a sand source for beach fronts, help abate stonn surges, and provide a physical setting for recreational activities,, several stresses are cre- ated when a pipeline trc-msects a barrier island, or when arry significant construction is done on a barrier island. If a pipeline canal on a barrier island is not properly filled, a new tidal, pass can be created. (2) Because any significant construction activities on a bar- rier island could not be undertaken without provision for ex- tensive erosion contzol techniques, which would inpose addi- tional ecological and physical stresses upon the barrier is- land, and because the location of a deepwater port or onshore facilities on a barrier island would be in=npatible with the recreational uses and natural functions of such islands, the 3-10 Authority finds that the offshore pipeline routing shall mt- traverse any barrier island, and the onshore facilities shall not be located on a barrier island. Tidal Passes. Because tidal passes are crItical along the Louisiana coast because they control the water regime for the coastal wetlands,, and they provide a route by which migratory estua- rine species can enter and leave, the Authority finds that to the fullest extent possible, the offshore pipeline routing shall not traverse a tidal pass. If a tidal pass must be traversed, it shall be neither permanently widened nor deep- ened, and shall be restored to its original condition imaedi- ately upon.completion of pipeline installation. h - Casualty Oil Spills. Because a major oil spill from a vessel or fran a deep-- water port or onshore facility oould cause extensive damage to various life forms,, the Authority finds that a. deepwater port and its navigational fairway or fairways shall,, to the fullest extent practicable, be located where prevailing cur- rents and winds will minimize the probability of spilled oil entering the estuarine systerr. 3-11 Subsectim 3 - onshore Facilities. a - The location. of onshore facilities shall not irrpirxje upm or otherwise disturb historic or archeological sites, except with the approval of, and under the conditions inposed by, the Louisiana Archaeological Survey and Antiquities ConviLssim. b - Because poor foundation conditions could cause facilities to buckle, rupture, or subside, onshore facilities shall be located in an area in which a stable foundation exists or can be developed, and in which adequate conta_u@t and flood protection can be pro- vided. c - Wetlands. Because draining and fill ing wetlands destroys benthic populations and bottm sp&mmg organism , and removes the area from biological productivity, and because pipeline con- struction through coastal wetlands could cause changes in es- tuarine water circulation patterns,, possible alteration of the fresh and salt water balance in the estuaries, and possi- ble increases in the rates of erosion and subsidence, onshore facilities shall be located in an area in which a minimum al- teration of wetlands is necessary for construction, and the routing of onshore pipelines through coastal wetlands shall be kept to a mhiiu=. 3-12 Section 4 Econanic and Environmental Costs Subsection 1 - General Provisions. The economic and environmental cost projections required by this Section shall be included as part of any application submitted to the Authority for the issuance of a license to construct and op, erate offshore terminal facilities within the jurisdiction of the Authority. The economic and environmental cost projections required by this Section shall be unifonnLy expressed, and shall be estimated in accordance with the best available procedures. The sufficiency and acceptability of such data shall be reviewed independently by -thethree Directors. 5/ Subsection 2 - Econanic Costs. A projection or estimate of economic costs shall be stated for each proposed facility and site. The projection shall include known and predictable costs associated with the construction and operation of the facility under consideration,, but exclude the environmental oosts required to be stated by the following Subsection; the purpose of the projection is to obtain a comparative evaluation of all po- tential sites for the facility under consideration and -,ball not be See "Report on Gulf Coast Deep Water Port Facilities, Texas, L<)u- isiana, Mississippi, Alabama and Florida", United States AriTy Corps of Engineers, Appendix E (June, 1973). 3-13 the basis of arry claim for reinbursement or campensation for damages permitted under law. To the extent it is pertinent to site selection, the comparative study should contain references to estimates of pos- sible third party damages and increased governzweantal services. Subsection 3 - EnvirormLental Costs. To the greatest extent possible, a license application shall include a projection and valuation of all envizormrmtal. costs asso- ciated with the proposed facility and site, including but not limi- ted to: a - Capital costs for erwimrvLental protection equipment or facilities required by any provision of this Protection Plan; b - The operating costs for environmental protection activi- ties required by any provision of this Protection Plan; c - r1he environmental costs of all identifiable and quantifi- able stresses reasonably expected to result frm the selection of the proposed site,, including any environmental costs which may be recovered by the Authority under applicable laq; and a list of all identifiable environmental stresses reasonably expected to result 6/ See,, '%ouisiana Superport Studies,, Report bb. 3,, Reomnendations for the Environmental Protection Plan," Louisiana State Univer- sity Center for Wetland Resources,, (Draft-Octcber 31, 1973); "Draft Environmental Ihpact Statement-Deepwater Ports," United States De- partment, of the Interior (June, 1973). 3-14 f4qrqcqtqn the selection of the proposed site for which no realistic 4qmne- tary valuation or projection can be made, and a statement of the rea- son or reasons why no qrqnmetary valuation or projection can be made, Subsection 4 - Ecqonqc4qoi8qc and Envir8qomental Benefits. To the fullest extent possible, a license application shall in- clude a projection and valuation of the e4qc1pqcqnqiic and enviqz8qon8qvental benefits for each proposed facility and site, including but not Li0qz@- ited to: a - 2qnie savings in transportation costs to be expected for each proposed site; b - The projected increased employment and e4qmploy4qr4qant benefits resulting froqrqn the construction and operation of the facility; c - The projected increase qin state and local tax revenues to be expected for each proposed site; d - Me projected direct incqo8qm to be earned by the facility; and e - An estivate or projection of enviromental benefits to be expected fraqn the proposed site of the facility. 7/ See q"8qIhe Econc0qa04qu-00qc 28qDTpact of a Louisiana Offshore Oil Port", H. J. 20qYq,a2qiser c4qo. & Gulf South research Instituteq,q, 2q(0qD6qI6qW36qYq,q, 1973) ; "report on Gulf Coast Deep Water Port Facilities to,, United States Any Corps of Engineers, Appendices C, E & G (June, 1973). 3-15 Section 5 Site-Approval Procedures a - Before the Authority ray issue a license for the construc- tion and operation of offshore terminal facilities within its juris- diction,, the location of such offshore terminal facilities shall be evaluated by the three Directors and shall be approved by the Board of Commissioners in the natuier provided hereinafter. b - Arry license application submitted to the Authority shall include specific site selection data as required hereinafter, which data shall be presented in sufficient depth to permit the three Di- rectors to make a reasoned choice. The sufficiency of such data shall be evaluated independently and commented upon by the three Directors. c - A license application shall provide environmental, engi- neering, and econcmic data and analysis for such reasonable alter- nate sites required by this Protection Plan and by the three Direc- tors. The data and analysis shall be sufficient to allcw a reason- able comparison of alternate sites by the three Directors and should be sufficiently detailed to reveal the corqaarative evaluation of the economic and environmental benefits, costs, and risks of the proposed offshore terminal facilities and each reasonable alternative. @-hen an existing federal environmental impact statement or assessment al- ready contains such an analysis, its treatment of alternatives may be incorporated, provided that such treatment is current and relevant 3-16 to site selection considerations. d - 'Ihe authority may require submission of such additional information or supporting data as it deems necessary for a full and complete consideration of any license application. e - The Authority recognizes that, although accounting tech- niques for industrial matters are fairly precise, difficulties still exist in translating environmental values in-to ecqorq=lqic te3=0qM. I)qL- spite the difficulties involved in determining an appropriate common d0qe qnc0qmnator for the con0qparison of economic and environmental values, various attempts to create e0qcqoqnaqnic-ecolog0qic formulas have been made. Alt0qh4qpuc4qtqi no single fo8qnmq30qla is sufficiently developed to be controlling, consideration of various formul as provides a useful baq-' sis for comparing ecqonam-c and environmental values. The three Di- rectors shall solicit the8qassistance of environmental and ecoqnanic specialists in detenn6qiruqn8qg the extent to which the concepts and qmethq- Ods expressed by existing econanic-ecologic formulas or models can be effectively utilized in the site selection process, and in qm2qak8q@ the other deteqnninations required by this Section. f - Notwithstanding the limitations stated in the preceding paragraph, a license application shall contain an evaluation of the 8/ See,, eg., discussion contained in "Louisiana Super44qport Studies, Report No. 3, Recommendations for thyEnvi0qr04qoqnmental Protection P8qlanqfql, Louisiana State University Center for Wetland Resources (4qOc- tqc32qber 31, 197q-3) q. and q114q12qouisiana Superport. Studies, Report No. 4, T32qeq-40qdu08qdcal Append.3q-08qces to I8qZ04qP08q@endaticns for the Env8qi8qro08qm04qwe04qntal Pro- tection Plan", Louisiana State University Center for Wetland Re- rources (November, 1974). 3-17 proposed site and the alternate sites, which shall deTmnstrate: (1) That the requirements of Section 3 of this Chapter have been satisfied; (2) rihe nature and extent of the assessed total stress on the natural and human envimrmient which would result fraa eadi of the sites being compared; and (3) The canparison of economic considerations with the as- sessed total stress for each of time sites, and that the pro- posed site represents the best econamic-ecologic: accommdation. g - In evaluating the proposed location of offshore t enninal faCllita.eS, the three Directors shall coordinate and cooperate with the governing authority of any parish in which the proposed facili- ties are to be located, and shall make available to such. governing authority, in accordance with applicable law, all relevant informa- tion available to the Authority. h - The three Directors shall make written recommendations re- garding approval or disapproval of any proposed site, which shall be based on full consideration of the license application, and the re- quirements of this Protection Plan, and any omvents received from the governing authority of any parish-in which the proposed facili- ties are to be located. 7he recammendations shall state the essen- tial facts on which they are based. 3-18 i - Subsequent to the subr dssion of the reommendations of the three Directors to the Board of Cannissioners and not less than thir- ty days prior to consideration of the reamuendaticns by the Board of Cammissioners, public notice of the reccamendations shall be pub- lished, in the manner provided below,, setting forth the general na- ture of the reccnrendatiorz and the time, date.and place of a meet- ing of the Board of Commissioners at which the proposed site or sites will be considered, and at which the pub 1 i c will be given an opportunity to present views. . j - 911e notice required by the preceding paragraph shall be published by the Authority once a week for three consecutive weeks in the Authority's official journal, and in a daily newspaper in the locality or localities nost affected by the proposed project. k - Any interested person may file with the Authority a writ- ten statement, either supporting or opposing the reamuendations; of the three Directors, and stating in detail his reasons therefor. 1 - Any interested person shall be given the opportunity to Present orally a position on the Proposed site at the rreeting of the Board of ConTEiLssioners, at which the proposed site or sites will be considered. m - The Board of Cbnmissicners shall approve or disapprove the location of offshore tenm-nal facilities within the jurisdic- tion of the Authority, based on the report of the three Directors 3-19 and all other relevant information. The Board I s decision shall be made as soon as possible but in no event longer than 120 days after receipt of the reccqu0qmqp-0q@ations of the three Di8qxectors. CMPTM 4 M8qMERIA FOR DESIGN Section 1 - Statutory Authorit0qv Su8qbsectic4qn Jq(3) of 6qPS 34:3113 requires that the Protection Plan Ustate how the Deep Draft Harbor and 0qT6qm2q@l facility design mqLni- m4qizes potential envirqcr8qaental damages,, considers environmental fea- tures as a positive part of the design, and controls long-term de- v8qelo8qpme8qnt so that growth ar2qd additions to the Deep Draft Harbor and Terminal do 4qnqot result in random growth or in gradual enviqrormqental 0qdeterioration.n Section 2 - General Provisions Subsection 1 - General Statement. a - At this ti4qm, only a deqe6qpwater port wi th a capacity to ql2q/ Since the initial p8qrcqum1gati8qon of the Protection Plan,, Congress has enacted the Dee4qpwater Port Act which provides for the authoriq- zatiqon and regulation of the "location, ownership, construction and operation of deepwater ports in waters beyond the territorial limits of the United States." However,,, there are presently no regulations q;Yr 1110qgated pursuant to that Act. Moreover, therqee e-qm8qists the possiq- bility that salt dome cavities 4qmqay represent feasible receptacles for oil storage, although the Authority does 0qnqot have sufficient info=&- tion on saltq-dqo8qm storage at this time to enable it to evaluate the concept. Also, t8qhe Protection Plan is designed primarily to protect the environment with respect to stresses from an oil transfer fac48qil44qi6q- ty, alth12qou80qg44qh.d08qry bulk transfer facilities may be developed in the 48qfuq- ture. Because pram4qil40qgation of regulations under the Dee40qpw04qater Port Act, use of sa0qlt-da4qne storage,, or development of dry bulk transfer faci I I ties could affect provisions of the Protection Plan with re- spect to such matters as stresses,, site selection,, design,, constru08qcq- ticnq,q, operation, funding,, and 08qc04qmrdi04qnationq,q, the Authority way subse- quently find it necessary to further amend the P08qrotectic08qn Plan to in- clude appropriate provisions where such uncertainties presently exist. 4-2 handle oil is being considered,, although possible development of a deepwater part for handling other types of.bulk cargo has been an- ticipated. The provisions of this Chapter are intended t8qo Provide the greatest en8qv8qi2qx2qonmenta8ql. protectian from qa8qll 2qt4qAqpes of'deeqpwater port and. ons4qb6qore facqi 1 ities; . although this Protectim Plan co8qnsidq- e2qm p2qrimaxiqly 6qoqiql bandl ing facqd q1 i ti b - Based-on 'qrnf4qC8q=a-qHcnfram various sources, including the United States 8qArqa8qy C2q=ps of 6qEqngineer8qsp, tqhe Louisiana State 6qUniver- sit8qy Center for Wetland Rescurcesp the United States Of the Interior, and the consultants retained by the Aquq- 0qtqj8q=8qity, the Authority has node a pre deterqmi nati 4qo0qn that, of all 6qtqhe qvaqx-4q1cus dee0qpwater port designs considered for the h0qmid4qlq- i8qn6qg of crude 4qoqiql, the m8qmc6qbu4qcy system would cause the least envi- . 8qmqnq+-l stress to both the offshore ex4qmiqxorqEqnent and tile LO8quisiaqm 2/ coastline. subsection 2 - 6qrindings of Authority. a - p2q=8qsuant to subsection 2qJ(3) of PS 34:q3q14q13 the AuthoritY irqi-red the env2qir8qarmqental stress presented by ear-h of, the foqL8qU8qw- qin0qg types of deepwater parts: dredged channels tqo eX3.4qS8qt8qu0qv port: faq- ci44qlitiesq, qA8qr+8q4f8qi4qc8qdal island, floating arid rigid pl4qaqitf4qc04q=04qmqf and MOM_ 2/ qr40q28qje ram and regulations 4qs00qet fqiarth in this Chapter are based* an the best on presently available. They may be re- vised at any tiny-- by the Authority,, either on its awn motion, or up2qc08qn a sh8qaqqin8qg by any interested person that another- design for the pqL44qqx08qr.ed deepwater port and onshore fae0qn i i 0qi-i would have a lesser in40qpact on the en04qv44qiro04qn4qr08qent than that which 4qis set forth herein. 4-3 bu4qw system. b -Of all dee8qpwater ports considered,, the one obtained by dredging deep ch8qm8qmqls to existing port cq:2qMties would result in the g8qmatest stqr s 4qo4qn the eqnviqror8qr4qent. q70qhe Authority finds that: (6q1) Massive dredging operations would be necessary, both to convert an existi4qM T8qoui qiqarqia port into a facility capable of handling deep d6qraft.vessels and to keep the facility opera- tio8qml. qI6qhese dredging operations could result in the followq- ing envi4qrormqiental st resses: (a) Temporary destruction of benth4qos in the dredged area; Temporary iqr8q=ease in turbidity whi0qd3. will adversely affect.0qp4qhot8qosynthesis a4qnd respiration of aquatic life in the dredged area; (c) 8qT4qaqi4qWrary destruction of nursery, spawning, and breed- Ing grounds for aquatic life in the dredged area,, with es- pecially severe effects occurring in the coastal and estuaq- rim regions of the State; (d) Generation of large 8q=0q=ts of spoil. 6qMiis spoil would be difficult to dispose of onsh8qcre,, and aqny offshore dispos- al would cover large amounts of productive bott2qm areas, re- sulting in the temporary disrquptim of spawning and breeding cycles of aquatic life residing in these areas, as well as the elqi2qni8qm8qtio4qn of large amounts of benthos,- q(e) Saltwater intrusion which could bath reduce the aqrmunt of fresh water available for domestic a04qnd inch trial uses a04qnd alter the salinity balance of coastal waters necessary for the existence of many types of aquatic life; (f) T6ql0qie speed, volume and direction of surface, and bottom cur08qr12qmts could be affected by the deepening of e8qX08qISting wa- terways, This could adversely affect the ma00qr04qIne bi04qota, of adjoining areas not directly involved in the dredging 4qo36qp- 4qe08qratio04qns; 4-4 (2) Port congestion would be inareased,, thus increasrqxqi both the possibil.8qLty of vessel accidents a4qnd the possibi q1', ty of oil spills in the port area. 8qc - A deepwater port established an an artificial island locat- ed in the 6qGalf of qbql8qoqg8qi4qc4qa would have to be built up by the use of fill i8qm2qterqial qcqbtained f4q=8q= borrow areas. Al4qtqiouqgh an artificial island would be more acceptable envi6qx6qo8qnmentally than the dredged ch6qmne2ql faq- 8qcqiqi-it8qy . and would include features that would offset , to an extent the envir4qorqm4qantal st4q= ses which it caused,. the Aquqt4qu4qxity fincls that for an oil port facility,, a monc0qbucy system w2qould on bal an , cause fewer stresses to the e8qmqdxoment. Me A4qnthcrit2qy finds that the p8qm- itive a0qnd negative envi4q=qrr0qental aspects of the artificial island faq- cil8qit8qy , as qccupared to the m2qm-qr0qbqix8qy facility,, are: (0q1) An island would. have to be designed, either by its shape, 2qor by the use of's4qeparate. breakwaters,, to create a calm haqtqbor for use by vessels transferring cargo. 2qMqhe island and its as- sociated'hrea2qkwateqrs would alter currents a4qnd water circulation in the qGqiLf, as well as act as a barrier to wave actions - It is difficult to predict how such an qcbstructic4qn would affect the biota in the wetlands area of Louisiana, but some disru40qpq- ti08qc04qn may occur8q; (2) The island and its breakwater syst04qan would cover many acres of sea ba2qtt04qm, thereby dest0qz0q%40qy4qin36qg the benthic organ- isms at the site; 4-5 (3) Large amounts of fill materials would be required for cor:- struction of the island and its protective breakwaters. The temporary impact on the borrow area would be severe,, including destruction of bent4qhos in tqb2qcse areas,, increased turbidity in t0qh8qose area with the MCUT-4qren2qt adverse affect on aquatic life,, possible destruction of spawning and breeding grounds for aqua- tic life and possible alteration of current patterns; (4) The danger of vessel collisions would be 8qm less than, that posed by a mo4qnqc0qbu8qcy facilitys, and the danger of groundings and vessel ra2qnqr2qi4qngs with fixed structures would be greater. The in- creased potential for such accidents would, concurrently, i8qrr- crease the danger of o8qil spiqIls and other pollution-genera6qUqng incidents 8qin the Gulf; q(5) q7he artificial island facility would require more tqi4qzqvqe to construct than a moqz-8qcbucy facility,, and the increa sed coqnstru4qcq- ti4qon tire would result in prolongation of the anticipated enq- viroqnmental stresses; (6) Altqhoucj0qh the island could be expanded at s4qoqn,,q-- 4qf utur8qe date to permit handling of other bulk cargoes, such expansion would q'urre increase traffic congestion and, 4qa0qrtl44qy, the possibility of vessel accidents 0qinv04qolv4qin40qg o44qi40ql carriers. Further, such ex- pansion would create environmental st:8qx ses similar to those which would oc08qa08qw from con04qstru04qct4qin4qg a separate facility for other bulk cargoes; 4-6 (7) The rock or:concrete of the facility's I8qrL.q=eq= and/or b8qr4qea4qWateqr8qs could create a new habitat f4qor, many 4qfo8qnqr8qs of aqua- tic life; (81 Spill system and clean-up systems can be in- nmrqpnqrat4qed intio- the facility so that arry o2qi8ql spilled within the protected harbor may be contained in the harbor area. d - A fixed- pier or rigid plat2qf2qo2qm facility, would. consist of a structure attached to the sea-botqtc8qm. A floating platfqo8qm facilq- 8qit0qy would consist of a buoyant platfo4q= anchored to the sea bottom Vessels with -cargo to transfer would berth alongside the platform and transfer t0qhei cargo into receiving areas located on the plat- 8qf6qcm. Wile iqrre acceptable- e8qwqr8qL8q=m2qv4qnt:a8qUy than either the dredged 1 or artificial island facqiqlitqe , the Authority finds that either type of. platfam facility would. be less desirable tally than the mqo8qnc4qbuqcy facility. The fol1cwi0qM factors were con- sidered: (1) With a platqf8qaqim facility, the danger- of vessel 4qc4qol I I si qn0qns would be no less than that posed by a 4qm2q=2qx0qbuqqy,, and the danger qbf vessel r4qam4qmqLnqgs with a fixed structure would be greater; (2) Without a protective breakwater,, the pe08qxi08qods during which a pl8qatfon4qn facil40qity could be safely used would be greatly re- chq-qs00qced below that for a n00qonc32qbu0qo32qy fa6qcq:36qL6qUty. Further, the a32qbi-lity to contain oil spills in the area of the fac8qd I i ty would be 4-7 identical to that for a m8qo4qnqc8qbu8qpy; (3) With a breakwater to provide a calm berthing area, the stresses and benefits would be sinxqi 1 a to those list- ed for the artificial. island. e - in deciding, 8quqnqinar8qil on the mc0qnqc0qbu4qoy facility,, the qYO, Authority considered the following factors: (1) The only dredging required for a m4qonqc0qbu4qoy would be that necessary for the construction of pipelines a requirement for all types of dee4qpwater port facilities; (2) The qu6qw2qtqbupy facility w8qoqUd. require the least amount of time to construct,, and thus would result in the shortest enviq- qzqwqrqae4qntaldisruption; (3) AUr i qF 8qmqieqnts of the mon6qdbuqoy facility have been used and observed for many years thqxqo4quqghq(q:8q=t the world,, with the result that the predictability of, and concurrently, the a8qbq:2qU- ity'to qn4q&4qnimize, environmental stresses posed by that facility would be enhanced; (4) Because of the distances separating the mon08qd40qbu12qoys, the use of navigational fairways to approach,, and depart f8qr12qmq,q, the m08qmc36qbu0qo36qys, and the remoteness of the mo04qnc36qbucy facility from. e04qmisting ports, the possibility of vessel c8qollis08qi08qons would be as 44ql08qo08qw as with other types of facilities; 4-8 (5) Because ve ssels would transfer their cargoes at a rela- tively small,, movable, floating buoy,, rather than at a fixed structure, the possibility of a collqisi2qc4qn 4qiqiqrv8qolving a vessel and a fixed structure w8qvuld be, qnqti4q@zed.. and,, should a 2qcolliq- Sim between a vessel and a mqo4qnqobuqcy occur, environmental stresses resultiqrqx qz 0qt8q%eref2q=2qm should be minimal; q(6) Me b4qctt8qm area below a qn8q=0qdbuqay facility would be only te0quporaril4qy distuqr0qbed-du4qrinqg the construction phase of the project.. Me 8qU4qr8q&t4qzqd p8qeqzm4qane4qr2q& dis8qr,q:0qptim that would 2q=ur would be restricted to arqx:4qh6q= aqnd platfo8q=a piles, the least possible. associated with any dee8qpqr4qater port facilq- 2qitqyq; q(7) A mqcqnc4qbuoy facility is the easiest to dismantle and would pose the fewest problems should operations cease;. (8) A 0qmqmqc0qbuoy facility may be. used safely during more severe seas than may other types of deepwater 4qpqcqrt facilities, except those facilities protected by breakwaters; (9) A mqoqrqicbu2qoy facility easily may be expanded in stages to reach maxim= 04qc40q4qk4qicity by additional mo00qn8qo36qbu4qcys to the p08qm4qnpinqc0ql platformq- Thus, expansion of a m04qon2qobu4qo44qy fardqil i t40qy would result in minimal dis08qrupti12qm; (101 Local employment required to construct a m08qo04qn8qc44qbu8qoy facility 4-9 would be as or smaller than that required for the other f2qa8qc6qL6qUties considered, theqz6qv2qby i i I I pqc8qpulatim 2qZ8qI2qM gr8qa4qdth in the coastal wetlands associated with the construction of the deepwater port faqcqi-10q1ty; (q34q2) Construction activities for a monqdbuqoy facility should not necessitate the erection of new industrial fa4qcqiqli in the coastal wetlands and would not create a8qny greater demands 8qo4qn the region, local industry, local 4qcqcm8q=nities, or on nat- ural resources than other types of mrq" *ties; (12) The one disadvantage inherent in a morqiqd6qbu4qoy facility, as c6qaqr8qpared to a facility having a harbor protected by bre8q&0q%waq- is that@, should a major oil spill occur at the monc4qbu8qoy site,, spill 0q0 equipment and procedures n4qow available could not effectively restrict the spill to the immediate area e:qKcept under favorable wind., current,, and wave conditions. However, the poss36qbilqity that such a spill would occur at a 2qm2qmc4qb8qu4qW facility is extremely small. Indeed,, no major oil spills have been reported as a result of unloading operations at a8qn8qy of the n8qowq-qe8qmisting mqor2qn8qbucy facilities. Section 3 - Design Criteria Subsectic16qn 1 - Introgdu52q@12qm. The pr4qt08qn4q@isions of this Section. describe generally thcse design 4-10 c8qrqi ter! a for any offshore te8qnqmqLnal. faci I I within the jurisdiction Of the A0qnth4qcqx-qLt6qy, intended to minimize potential envi4qr0qoz0qmental stress. The design of e8qm2qy such facqi 1 ities 8qn8qst be approved by the Authority to the issuance of a license by the Authority O2qrqi Zi 8qnt their construction and operation. During the cqo2qnstrqactqi6qm and operation of Offs te6q=d8qnaq3. fa8qcil-6qitie- within the jurq! q3eqlqi2qctqi8qon of the Authority,, the A8qnth2qc2qr:qit4qy shal I conduct inspe8qc8qUqons pursuant to Section 8 of Chap- ter- 5 of the Protection. Plan to assure a0qdqi4qe4qxence to the standards set: 4qbor herein, Subse,2q&:ion 2. - G8qaq@eral Criteria. a - The design criteria contained in this- Subsection shal be applicable. to aql2ql offshore terqa2qd0qnal. facili8qd within the A6qu8qd0q=ityl8qs it 2qis the policy of the Authority that the design of a8qU facilities r4qefIect c0qonsidera0qt0qIon of the best available te8qd4q=2q1q- oqgy, and that the design mi2qr2qA8qn8qize,, to the fullest extant possible,, aqlql a8qct:ual. and potential. environmental stresses. b 6qT0qKe design of all. offshore tqe4qn8qnqLnal facqi 1 J sqhaql I be in m r -q3;:0qMqcqe with applica0qbIe industry standards and those of 3.4qocaql., State and f04qede0qxq-40qa a36qgenC00qles. Cita8qt04q=ns to the re0q3q.00qe00qv04q=t porticns of such standards qqbal I be su36qb8qn4qItted to the, Authority with any proposed design. c - All offshore tqe00qnninal. fac0ql I I 0q+q-6qJ e and r04qel qated system and e44qqui44qW08qent shal44qIq. be designed to pe08qmnit safe operatim 84q@n48q@ the max- 4-11 8q=4qm operating loads arxqi most adverse operating con4qd8qit4qicns to 0qw4qhqaqch each will be subjected. Appropriate safety factors -shall- be includq- ed in aql.1 designs. d - All. facilities and related systems and e4qT6qz4qpment shall be designed to be made secure f4qr8qm the winds,,. waves,, currents,, tides,, flooding, and weather conditions associated with,, or produced by,, qcne-4qhundred-year s qim-qarqs. e - Equipment in aql4ql suqcqtqL shall be designed,, and installed to minimize the amount of noise generated during their 0qo0qp- eratic 8qns and in no event exceed that permitted by 18qw. f - All facilities shall be designed to include the necessary air pollution control devices to treat arqry discharge of air 2qc8qont:4qaqTqrqrqLq- nants into the at=sphere, so as to insure that any such discharge f2q=8qm a facility under the Authority's jurisdiction meets all appli- cable standards. g - All acilities shal.6q1 be provided with sufficient contain- e4qrs f4qo4qr the storage of garbage and solid waste generated at that faq- c2qility. Such waste shall be removed to approved sites, and disposed of in a manner,, approved by appropriate State, federal and local a08qu2q- 48qt8qu16q=ities. h - All facilities shall be designed to include either sani0q- tary waste treatment fa8qc4qdlitiesq,q, or h08qcldin0qq tanks for sanitary waste 4-12 which sbal I be transported to approved treatment faCi I i ties so that no sanitary waste will be discharged from a facility un the Auqr- th8qo8qrity I s into the t unless it is first treat- edqr arid, at the time of discharger meets all a4qpplicable@ to the discharge of such waste. i 8qA0qlql 2qfaeq"I ties which dispose of l0qu4qpq;4qdd- p0qlq-0qluq-tq-8qanqf2qts sb4qal I be designed to insure that- all. liquid pollut2qmts, including waste wa- ter, aqre treated prior to their discharge into the envi2q=qm0qLent so as to meet alI standards applicable to the discharge of @ such pollutants including qiqi2qmse of the Environmental qP2qMtecti8qo8qn A4qgencyt U. S. Geolo0qg- ical Survey, and the ql2qouisiana Stream. Control Commission. j All. trar0qr0qfer-i. qt4qrqarispcrtati4qont and storage facq! 0qUties -shall 0qiqnclivqie t2qe safeguards and back-up system in order to mini- 8qmize,. to the. f8qaqUest extent possi4qbler. both the possibility of pol4ql8qu- ti6qo2qrqr4qj8qeqnerati4qM incidents resultqi8qm4qg fqrcm equipment and/or personnel faiqlqi4q=4qe, and the effects of such incidents that do occur. k - All. o4qil transfer system --qhal I include appropriate pressure relief systems,, whichr when activated'. will prevent pressure in the hoses, pipelql4qm0qes and tanks F! exceeding mended. w4qc6q&qjnqg pres- su04qres., Any oil. released by activation of the relief valves shqal I be contained.. and 08qn2qot disharged into the environment. 1 - 8qMster 6qc32qmtr04qal switches -qg2qha2ql I be i00qmtalled at appropriate locations q.q. Such switches shal I pe0qzmit the remote control of all o40qil 4-13 transfer pumps arid positive shut-off valves in the oil transfer sys- tem. m - To the extent possible, aqll onshore faci 11 ties shall be designed so as to negate the effects of subsidence,, settling or othq- er movements wh8qi8q& could result in damage to any of the facilities, 8qtiere0qby causing t0qhe discharge of po30qlutants. n - All. onshore fa8qc8qL8qUq+-i shall be designed to mi8qnq@mize e8qro- sicn,, to the extent possible. Subsection 3 - Dee4qpwater Port. a - Navigation- System Any navigational fairway or fairways for approaching and departing from the mqo2qnqd4qbu6qo8qys must be I8qnqtai4qned in a safe condition. 4q2qie fairway or fairways shall be delineated with navigational buoyst and each such navigational buoy shall be equipped with a beacon to permit night approaches to and departures F ra the M4qmqI6qdb8qucys. Naviq- gaticnal fairways, buoys.. and beacons shall be provided in accord- ance with the re of appropriate federal agencies. b - M4qon4qc32qbu04qoy Sys' qoqgn8qs. (1) 08qr6qaqc28qh mqon44qd40qbuoy system will consist of the following major 4qC8qlqrql4qr 04qx8q*04qxqjts: a floating mon08qd44qbu04qcy, mooring e44qq4qW40qpmentqr an anC8qhO04qr0q- i08qn6qg system, and a transfer hose system. 4-14 (2) The hull of each mqonc4qbuoy -shall be-designed to be an all- welded-steel structure, zed by water-tight bulk- heads and provided with positive flotatiqc8qm devices to prevent. the 0qb2q=2qy fqram sinking in the event of of the hull. (3) The hull. shall be fitted c2qo aql4ql sides with a skirt or fend- er to qn2q&2qnim8qize buoy damage in event of collision with a sur- face vessel. (4): q7he qn8q=cring equi4qpqrient and transfer hose system shall be designed so as to permit a vessel transferring- cargo at. a qnqx4qm4qo- 0qbucy to rotate a full 360 degrees about the m8qmc0qbu4qcy. (5) The hose system sh;;qI I be equipped with positive shut-off valves.- All, positive shut-off valves shall be designed to be activated by r4qwote control, 0qw4qwept that valve located on the end of the hose system which qi with the _rring. vessel. q(q61 All hoses- shall be of qi 4qo2qx8qnt6qruction. to assure 8q=4qdqrmlm flexibility, mechanical strength,, reliability a4qnd long life. (78q)q, 2q7he hose system --hall be equipped with a p04qcsitiv00qe ground 8qin order to prevent q;08qx08q==q-qj6qIa4qtq, of static electrical charges. (8) Theq'hose matqe6qxials sba4ql8ql resist deterioration resulting 4-15 from contact with all types of petrolem which nay be trans- 2qfe6qrred through the system, including the 2q&6q=atic 2q=qi6qp6q=-8q4s contained 8qe8qe8qrei4qn. (9) The hose system shall be designed with sufficient fl8qot2qa- ti6qC8qn to insure that the hose floats clear of the sea bottom 4q&8q=6q#g n8qo8qnnal operations. (10) The hose system shall be designed so that it may be filled with water or otherwise purged of oi I without release of con, taminants in the event of hurricane warnings or other eqn8qexg2qen- Cles . (6q1q1q1 All swivel units, connections, and couplings through which the hose system is attached either to the mo4qn8q66qbucy or to the 4q"qmisferring vessel, shall be designed and installed so as to assure, to the fullest extent possible, against the possibility of discharges into the waters of the Gulf of 8qY4qexxcqo. (12q1 A0ql4ql movable joints where petr0qoleun pro4qa8q=ts could be spilled in t4qhe event of a seal failure shall be designed with a qimqLnq:qL2q=8qn 8qo8qf t4qwo levels or stages of pressure seating seals. Lubricated or gr6qeas12qm pa00qxts shall not be exposed to the sea or to wave a04qc- tic04qn in such a way as to allow lubricants to enter the water. (134q1 Ea8qc36qb 08qM4qo08qnc36qhu04qcy shall be provided with all necessary equ48q400qx3ent to insure n04qavigat08qIonal safety, including construction lights a08qnd 4-16 radar Floating hoses shal I be provided with qc4qbst8qn2qr-q- ti8qo2qn lights- placed at 8qre4qguql2q= intervals along't0qbei length.. Nqa8qvq- igational safety devices shall be. designed in -!?8qTqj-2qR2q= with the qwqndaqi-qi8qons of'qa4qpq;_'rn4qpriate federal agencies- (141 6q7he 2qm2qm2qx8qbu2qoys shall be separated f8q= e8q&q:h oqi4qf4qt- 4qer,, and each such m8qonqdb8quqoy shall be separated from the platfo8qnqa complex, by s0quq:6qh distances as may be necessary to assure safe operation. c: - Cantr8qol and Pumping Platfo4qnn C2q=0qp0qlqex. (1) The platform, qa8qmqplex shall be equipped with sufficient pumping capacity to enable it to handle transfers bet0qmBe4qn re-, ce8qi8qv6qing mqm-8qx8qbuoy systems and the onshore- receiving te8qrmqlnaql,, and shall also have standby pumping capacity to replace arqr8qy of the primary pumps which 4qmay rnzfuncl-qiqon. (2) The platform shall be designed so as to permit safe per- s4qcqnn8qel and mate2qrqIal transfers as re2qq6q=ed by port operatic= between the platfo6qm and support vessels, including aircraft. (3) Me plat4qfqc6q= ccuqr0qplex shall be designed to provide the nec- essary quarters and support facilities for the m04qm0qber of per- sons required for 08qo6qm48qplete and safe operation of the dee48qpwater p2qwt facility. 4q(41 Platfo8qiqr4qa surfaces shall be designed to include a deck drain- 4-17 age system for the containment of contaminants and contaminat- ed 8q=qioff water,, so as to prevent their discharge into the 2qaqlqlf of M2qnqcico I or a0qn4qy other body of water, and they sbal I not be discharged 2q=2qUess first treated so as to satisfy the mcst strinq- gent requirements applicable to such discharges. Me plat6qfo6qnqa 8qo8qm8qpleq3qc must be designed either to provide treatment facqi 1 i tqi for contaminants a0qnd q00q1 runoff water or to provide fa4qc8qL8qUtiesqo transport those substances to an approved treat- qr8qm4qnt facility onsh are. (5) Devices 4qfqor measurqi4qm0qg weather conditi8qons and wave and cur- rent patterns shall be installed on the platform 4q=qnplex to provide up-to-date info8qnqiation for use by the vessel traffic control center. Subsection 4 Vessel Traffic Contqrolystem. A vessel traffic control system shall be established in o4qrda4qnce with applicable federal l0qaqq, and all approaches to, and F the deepwat8qer port wqi 1q1 bee m8qmitored, con- t:rolled and coordinated, and the system will iqr2q=ql0qu0qde,, but 4qn8qot be limited to, IRIX2qTreh2qensive radio 8qaqc2qm8qmu2qnicatic8qn and radar mon- itoring systems. 5 - Pipelines. a - Genera44qL40qlyq. (1) All oil transferred at the deepwater part facility 4-18 shall be t8qr8qmqisport2qed by pipelines. (2) q78qh2qe beach amssin2qg of the offshore pipel i qnes sqhaql I be designed 8qf8qW burial. of the pipelines so as not to interfere 2qPeq38qm8qmne4qn,q+-qI4qy with natural litt0qoral processes, (3) A.6qU Offshore pipelines sbaql I be constqcucted of steel pipe,, and shall be coated,, wrapped,,. weighted,, buried and qIULqWV.L4qded with cathodic protection a0qgaqiqns--t corqr4qosicn. (41 All. onshore and offshore pipelines sbalql be designed to pe4q=iit rapid. shut0q&4qmn in the event. of pipeline failure and sectioning off of leaking pipelin4qes'by valvin4qg.. b - leak Detection. 4qW' Aqxqzt2qm8qmtic leakq-detect0q@ devices shall be provided on aql4ql offshore and onshore oil transfer pipeqlqi (2) All such devices shall include an active surveillance SqY0qS6qtem for constant m0qmitqorin8qg and. a. device which, qin the event of a leak, would sound an alaqim at the affected 8q=8qnq:qLq-. 6qt2q=,.. station or stations includiqM, but not lqi2qv2qited to,, the platform 04qo04q=44qpl00qex, and aut08qoma2qti ca4q3 ly operate valves to isolate any leaking pipeline section.. (31 32qy4qx12qm0qi stat44qd12qm8qm for the leak0q-40qd04qetection system. ins04q+a6ql I ed 52qin o2qil transfer pipelines shall be established q- -q!40qFqm at 'LES ate l04qocati4qc08qm 4-19 (4) Each monitoring station shall be equipped with an al- ternative means for shuttingq-4qdqow4qn. and sectioning-off the pipelines which are monitored at that station, to insure against failure of the automatic shut-clown systra4qm. Subsection 6 - Receiving Terminal. a - The rece3-4qV4qI0qM4qg` teq38qm8qdnal should, to the fullest extent pos- sible., be located outside the productive wetlands,, except location of a4ql4ql or part of the receivqixqi4qg tqe8qnmqLnal in the wetlands can be con- sider8qed,, if justified by an ecqo4qn8qomic-e8qcqologic.8qcqo4qmparis4qon of alter- nate locations. b - The4qrec8qeqiv6qi4qn0qg terminal shall be protected by a levee sys- tEm of s4quffqL8qcient height and strength to protect it fqrm flood waq- ters and o0qdqi2qe8qr effects associated with a on8qe-hundred-year storm,. c - Any portion, of the receiving terminal located in environq- mqantal4qly sensitive areas shall be designed so as to occupy the small- est possible ground area consistent with safety considerations and protection against o4qtqbqes2qx environmental stresses. d - Liquid discharges mist meet the most stringent requi4qx08qo8qr08qents: of applicable 112qw. e - Spill Protection. (44q1) The receiving te04qn0qr4qdna44ql shall- be designed to minimize the 4-20 possibility of liquids escaping therefrom., and to 8qc2q=taqi2qn,, in the smallest possible area.. a8qny contaminant which mqey leak or spill from any of the fqacili located therein, or which 4qmay ot0qbe8qzw4qise be collected therein. (21 e enclosures (such as 8qd2qUqces) shall be construc- ted around qa0qll o:Ll tanks inside the te0q=4qd0qru-0qA. Me nuqa6qbe0qr of tanks included in each such enclosure shall not exceed four.. Each enclosure shal I be designed. to provide maximum feasible protection against penetration of the ground by oil,, and shall be of4qufficient size to contain the volume of the largest tank enclosed therein without spillage. (3) 1 any enclosure within the te8qnqminal area is riot of, suf- ficient size to contain the total volume of all tanks enclosed 8qdierein without spqi 1q1 age,,, the terminal shall be designed to include secondary enclosures (which may consist of the te8qnqr8q&- nals 4qp4qz4qotectiv4qe levee system) sufficient to prevent any spilled substance F escaping into the area s? :qnu8qndin4qg the tenqninal. f - A38q2 oil storage tanks shal 1 be designed with roof tank tops 1q1 red by law to control venting of volatile vapors =to the atmqos- phereq- g - The te08q=52qdnal shall. be designed to insure maxir04qm04q= security of the terminaL40ql area so as to prevent i lqic44qU6qlents which could result in damage to the 00qrqLqVqvJqiq-08q=qLqLqA4qn8qrqLL q4q1- 36qT0qhe security measures shall include, 4-21 but riot be Limited to: fencing around the entire perimeter of the tenqi2qdnal, limited entrances, automatic alarm system, and envixonq- mentally acceptable I qi 2qmqiinati2qon. bL - To the extent practicablej, the levee t-ricql4qas4qures shall be designed to be 2q=8qqqpaqtible with the natural landscape. Subsection 7 - Support Facilities. a - Public utility Services. q(1). Arr4qy design for a facility under the jurisdiction of the Authority shall include a description of the amount and kind of public utility service,, such as ect8qri8qcity and potable waq-, ter which.shall be required for operation of that facility dur- ing each stage of its development. (2) If any facility under the Authority's jurisdiction would overload existing utility services, provision for such new ser- vices shall be included in the design for the facility which shall be served,, and shall c6qamply with applicable provisions of this Protection Plan and a8ql2ql applicable env2qi2qxoqrqz2qmntal reguq- lations of federal,, State and local agencies, to insure that the envi04qror0qr0qr00qental stresses caused thereby are 0qn4qdn4qimized. b - Support for Facilities. 4q(0q1) The Authority recognizes that various support f00qaci I 4-22 arid activities Wq3_2qU be required for the operation of the fa8qc8qi8qlq- ities under its jurisdi2qcta6qm. Such support activities and fa- cilities may include: (a) Vessels 4qo4qr aircraft for qt8qran8qs8q?orqti2qn8qq pe8qzqs8qcmel; (bl Vessels to assist in n8qaviga2qtim and mooring; (c) Vessels and. other facilities to assist in the 8qcmqi- tainment and removal, of oqil spills; 8qWq1, Vessels and other fqa8qCqjq1qjqi-qj0qPq necessary f6q= t4qhe main- tenance and repair of the deep4qwater port f acil8qit8qy and on- share facqi I qi tiesqr q(eql Cat8q28qriqng services; (8qfq) Vessels and t-qilqiqtqi4qe4qs for the removal a2qnd C8q& aqlql types of waste generated in the operati8qm of the deeqpwater port facility a4qnd onsh8qore faqcq:4qMties; and q(0q9q1 Vessels engaged in the envircqxqz8qe8qntal monitoring p8qm gram, (2j AIL such Ar-qi I qities and activities- qnmst amply with 8qa4ql4ql ap- plicable standards and criteria contained in this Protection Plan and applicable envi4q=2qz0qe0qmtal. standards established by fed- eral,, State and local goqv8qe8qn8qzqiental, agencies. c - Support f8qor Vessels. (14q) If vessels utiliz8qi8qm40qg the deep water port facility have to be refueled and provisi 08qoneqa44qd in the port facility area, there. shal I be means. f44qbr. refue4ql2qin48qq such vessels and f44qor providing for- the disposal of their garb 00qageqr solid wastes, sanitary wastes, and bilge water, and when applicable, ballast water, and the f04qaq- 4-23 cilities designed to ac4qomqiplish these purposes qrm3st 4qoqc4qcqiply with aqlql applicable standards and criteria set 8qf2qb2qrqth in this protec- tion Plan,, and all applicable er4qwironmental standa4qzds established by federal, State and local ve4qrqrqrqaental agencies. Section. 4 q-, Positive - 6q&qr2qd2qm8qnmental Features a - Concurrent Uses. (4q1) A4ql8ql facilities? and all developments related to theq34qx con- 4qstqn8qwti8qon such as roads or canals,, shall,, to the extent pra4qcq- ticable, be designed to provide alternative, concurrent uses thereof for recreation, research and aquaculture where th8qwe uses are suitable for and c4qm4qVatible with the natural environq- ment in the I ar area. in the design of all such. facili- ties, parti4qC.34q18q= consideration shall be given to their possible. use as stations f8qoqr monitoring weather, a= and water charaq- teristics (including pollution levels) and flora and fauna. pqcF4qp ulations. (2) To the extent practicable,, a6qlql =7 qFonents of offshore ter- 8qMinal facilities Within the Authority's jurisdiction shall be designed to provide for the ma2qximqim use of existing facilities. (3) Before any proposed design is approved by the Authority the persm qs0qi12qtqy0qm0qitting the design 08q=12qmt show how alternative, c08qo 4qIc00qurqr04qrent uses for the proposed facilities have been consi40qd2q- ered. 4-24 (4) The foregoing provisions sqbaqll in no event be construed to require uses of fqaeqn 1 i q+-qi e8qs whicqiqi would be, inconsistent with the pr8q@ions of- Suqbsect4qi8qo8qa2p1p of Section 3 of this 6q01a4qpter. b - Me vessel traffic control system -shall, to the extent pqcssiqjqle,, be integrated with that of t8qhe United States Coast GqL2q=d so as to enhance the 0qUnati2qonnd control of vessel tr8qaqfq:8qM4qc in the area, thereby qmi niqmizqI2qM6q9 the possibility of vessel accidents.. c- - Weather,, wave, and 8q=6q=ent data -obtained from i8qnst8qr2q=ents located qo0qn t4qhe, deepwater port shall be made available, under such conditions as may, be. reqas8qcna6qb6ql42qi, to appropriate federal,, State and local ageqx2qxq:ies. d - All ilities for the o8qnt8qaiment and 8qcqLean-up of qo2qi8ql qRqpi I Is resulting from the Authority development qpqxqx4qq8qrq=4qmqay be a-.. vaqi.la0qble- 8qoqn an qEIq-EqF basis., for use on spills not associated with the Authority d2qeqveql2qq8qneqnt program. e - qP8qasea2qrcqh Projects arxqi qY8qbnitqo 6qPro'r4qa4qm (1q1 2q7he Authority shall sponsor research projects as provided in Section 5 of Chapter 6, aqrqzi the Authority shall 4qn0qnit8qc4qx8q12qm48qg programs as providedq. in Sectim 6 of Chapter 5. (2) 44qp08q=g08qr2q=08qs,- in covering t40qhe general area of the 12qfae2q"q'qL40qiqt6qie00qs under the Anthq=6qxtyls ju6qriscliqc 20qtiqmq, w:qL36qU qc2qbtai2qn in- 44qfqorma36qt08qum on stresses resulting f2q312q= sources other than those 4-25 q1 J tqi (3) 6qPesultqs 8qf8q= such :monitoring program sha2qU be made avail- able to f urther qaqL.8qVqropriate research program. (4) The Authority's ar4qr4qA8qm4ql report shall include on on all mmi4qtqaqrin4qg,, research and ca4q%qxmqz4qma8qtion programs conducted,, or sponsored, by the Authority., r4q28qm annual report shall also 2qanntain s2qum8qmries of all rec:2qor8qds by the Authority relating to o8qi8ql spills and cleanup and other environmental con- qt2qrqoql 0qS of I q5 ..qr -4qc q=tr8qo8ql 2qXq3q@4q@r It I 2qM.6qDeveloqptr8qent a - Facility qMqqDansqion. q(1) in order to assure that growth of,, and additions to,, the- deepwater port facility and related onshore facilities do riot result in raqr4qxqbqm growth or in gradual e0qnv4qi8qxoqr4qm4qental deterio4qrqaq- tion any design for a proposed dee0qpwater port facility and onshore squ0qbqm4qmtted to the Authority for approval qmtust include a general description of all planned or anticipated ad- diti4qo4qns. or to each 8qoqf said facilities. (2) Each such design qqbqall specify Cal the initial size and con Igurati00qc0qn of the facility; Cb) the stages of devel04qop4qt8qnent whichq. the facility wil.1 and the projected date of each stage; Cc) the qn12qexi04qm8qm size and final conf48qigur08q&q- 4-26 tion of the facility, and the estimated.4qcqc4qupleti4qo4qn date for the project; (d) the estimated 0qoperat-Iqo2qnqa life of the facility; (e) a proposal for phasing out- and dismantling the- facility; 2qM the fad 11 needed to support: each such facility duri0qM each stage of its development,, including the increased demand for public sevices,, such as waste treatment, fresh water,- ele4qo- 2qtqri8qc4qiqt2qy, and access, roads,-, and (g) the manner in which support aqweas win be utilized and rest2qared to qi-6qhei naqt8q=a4qL condition,, or 8qxei8qmed f0qo8qr other purposes. ) qMqle Aud8qx8qxity will ot approve a substantial addition,, ex- pansimor change to any facility unless said addition, expanq- siqon,, or, change has been described: in the design of: that qfa2qc6qJ3- 8qIty - C2qrIgI4qnally s4qu0qbqn8qmtted to a4qnd approved by the Authority; pro.- vq1d4qed that, such an addition, expansion, or change may be a6qp,. proved notwithstanding the qreq of this Subsection,, if it will enhance the q1 or reflects. te8qd6q=log3-cal ad- v2qan8qc2qm applicable to t:he design or coqmt8qn2q=ticn of such facili- ties, and does not result in any additional. envqi2q=qmqeqmtal stress; or such addition,, expansion,, or change may be approved if an en- virqo8qnment asses demonstrates t4qhqe@ feasibility of the altera- 32qtiqc0qM without- adverse e4qnvi04qr08qor0qraentalq. effects. Authority approval may be. granted under this Section if all. p08qmovisicns of Chapter 3 and Chapter 0q5, Section 7 are r04qetq, just as though the addition, 08qlonq, or change were a qrq912qw facility. 4-27 (4) q7he Au4qdqio8qrity shall consider petitions f2q=8qm a8qny interes- ted persm regarding additions,, expaqnsic4qns, or changes in the design of a facility already approved by the Au8qeLority,, where such. changes would 8qninim8qize em8qd8qmqo4qnmental stqz8qess,, or utilize technological q(q5q) 8qHotwithstanding any other provision, based on e4qnvi8qxqormqiqeqnq- tal cons ations, the Authority may refuse to authorize any addition, expansion, or change, even if said addition, expan- sion, or change had been des in the design initially ap- proved by the Authority. b - Future Bulk T6qeq=rd2qmal. (1) rq1he design for a proposed dee0qpwater port facility and on- shore support fa4qcqil0qlties shall take into consideration the pos- sible construction of another tenqminal for bulk cargoes other than oil in order to qnqinimize, to the fullest extent possible,, the possibility that the construction and operation of one faq- c8qility would interfere with that of the other. (2) Any future deepwater port designed to bqmidle bulk cargoes other than oil must comply with the applicable design criteria and other provisions of this Protection Plan and aqny amendments thereto. 4q(31 The design and location. of a00qny such facility shall, as a 4-28 (a) qbqli2qnimize vessel c2qmxqjesti8qm; (8qbq) Provide for treatment of all. 6qtqnqcsphe-4qd taminants and sanitary and. other, liquid wastes 8qp6qi4qlor to the discharge of -8qn8qx4qb substances into t4qhe envi2qzo2qment; (cq) Provide for the disposal of solid waste at approved sites; (d) Cause the. least 8qp2qmsible, enqviqzonm2qental disruption dur- ing qcqO8qnstructi8qcn- and q(eq) Be in accordance with applicable industry standards and those of federal'. State and local agencies., c Secondary Development. (1) It is the policy of the Authcqrit8qy to take no action which would support,, and whenever possible,, to take action to disc8qour- age @or prevent,, the establisqbment of le or excessive secondary industrial arqxi urban. devel2qbqpqoqmt in the wetlands of the 8qL4qmus4qiana coastal zone which is not censistent with the en- qViqr2qaqmental qc4qbjeqctivesf the State of Louisiana such as those contained in the of the Tioul Jana Advisory C8qm- q=qLss2qiqon 8qo4qn Coastal and Ma2q=i- qF8qas8qources. Me Authority recocqr- niq= the need for, and eqz- -ages the adoption of, appropriate establishing coastal zone qiqr00qa4qmq, within 4qt40qhe State of l16qa6qiqiqg8qianqa. (2) All facilitiesq,q, includ56qir48qq shore-based- facilities and 08qv08qe8qs6q- sels, owned, 08qa08qmtr12qol4qle44qd or operated,. eithe 08qr-44qby owners or opera- 4-29 tors, or persons who have entered into contracts with the Auq- tho2qrity or owners or operators for p2qn6qnr2qid6qu4qg support services related to. the construction or operation of arqr4qy facility qt4qu4qxler the Authority Is jurisdiction,, -,bal I be so designed*., constqruc- t2qed,, equipped and operated to c2qmqipl8qy with the provisions of t2qhis Protection Plan and all applicable envi2qxqor8qm-ntal stand- ards established by federal, State, or local agencies- (31 The requ8qir2qeT8qents; set forth in the preceding paragraph shall be a condition for the granting of any a8qppqz8qoval by the Authority, or the validity of arqr4qy contract entered into with the Authority or an owner or operator for support services related to the construction or operation of aqrry facility un- der the A4qu8qtqicrity's jurisdiction. Failure to 4qoqm4qply with the provisions of said paragraph will provide sufficient grounds fqor the withdrawal of any approval granted by the Authority,, or the cancellation of any contract for support services re- lated to the construction o:qr operation of any facility with- in the Authority's jurisdiction. (40q) To the extent pe4qr00qmtted by l04qa4q#q, the Authority hereby adopts the follcw44qiq.04qng provisions with respect to feeder pipe- 6q10qi which may be connected wit0qbLq,q, or tapped into, facilities within the Authority's juristiction.: 4-30 (a) Any application sqi4qtqamitted to the Au4qdqiority for a q18q1- cense to qc6q=st2qn6q=t and operate offshore te2q=2q&2qnaq3. fa6qc6qi8qi6qiq- ties within t4qhe A2qu2qd2q=rityls jurisdiction shall include a des of the l4qocati4qms where fee0qde 4qr pipelines are' expected to be connected with, or tapped into,, that faq-, ci8qlit4qy, and'a description of the size and pqmposed route for the feeder pipe8qLquqie. If no such or taps are- cqontqm0qVqI ated at the time of the sqd2qx2qdss2qion of the apq- plication, the person si8qt8qadttinqc4qj the application sha.8qU so state in writing; The r2qequirqed-in the-preceding s0qub4qpar4qaq- qm3st be provided 8qf2q= any proposed or tap f2qoqr a feeder pipeline,, which was not described in the ap- plicati2qo8qn suqb8qudtted to the at the same time that is made to any gqov8qeqmaqnental. agency fqo8qr iqo4qn to cqanstruct that pipeline,, but before rights- o2qf@-q%6qW. therefor are acquired, or construction thex6qeof is ed; (qc). In deciding whether to approve the construction. of a proposed' or tap for a feeder pipeline,, the A4qnth4qc8qrit44qy shall 4qo08qx8qmid08qer the :MV stresses pre- sented. by t40qhat pipelineq. 2q7he Authority qs40qh a I I not approve any 4qTqlection with, or tap into, the 6qf0qaci I J_ under its if -qqql4qx32qb or tap may result 40qin 4-31 a new feeder pipeline being located in the wetlands, which would violate the environmental qc0qbjectiv4qes of the State of I8qouisiana. Connections or taps for new feeder pipelines which are adjacent to existing lines, struc- tures, or modifications may be considered if they do not significantly increase the enviqzoqnqmental stresses in the wetlands; q(dqI q7he Au0qtqioqrqd-ty shall deternmine. whether to aqppqzo4qve any such proposed comection or tap on a case-by-case basis. CHAPTER 5 OPERATION AND ENFORCEMENT PFCCEDURES Section 1 - Statutory Authority a - Subsection J(4) of PS 34:3113 requires that the Protection Plan "[plresent details of how the operational aspects of the Author- ity development program will be conducted so as to mininTLze environ- mental prcblems, including but not limited to a monitoring program by appropriate public or private persons selected by the Board of Cmn-Lissioners; establishment of constructional and operational guide- lines for environmental protection; strong enforcement provisions and mechanisms to insure cleanup of accidental spills by technical means, with evidence of financial responsibility to insure performance of l/ Since the initial promulgation of the Protection Plan, Congress has enacted the Deepwater Port Act which provides for the authori- zation and regulation of the "location, awnership, construction and operation of deepwater ports in waters beyond the territorial limits of the United States." Hdwever,, there are presently no regulations prcmulgated pursuant to that Act. Moreover, there ex3-sts the possi- bility that salt dome cavities may represent feasible receptacles for oil storage, although the Authority does not have sufficient informa- tion on salt-dcm storage at this time to enable it to evaluate the concept. Also, the Protection Plan is designed primarily to protect the environment with respect to stresses from an oil transfer facili- ty,, although dry bulk transfer facilities may be developed in the fu- ture. Because prom1gation of regulations under the Deepwater Port Act, use of salt-dcme storage, or development of dry bulk transfer fa- cilities could affect provisions of the Protection Plan with respect to such matters as stresses, site selection, design, construction, cp-- eration, funding, and coordination, the Authority may subsequently find it necessary to further amend the Protection Plan to include ap- propriate provisions where such uncertainties presently exist. 5-2 the cleanup, and coppliance with the enforcement provisions of the environmental protection plan. Me statute further states that the Protection Plan.11shall consider the circumstances which may justify the temporary cessation of the port activities." Section 2 - General Provisions Subsection 1 - Implementation of Protection Plan. a - Subsection G of RS 34:33.13 provides that the three Direc- tors -shall carry out the requirements of the Protection Plan and that it "shall be an integral part of the Authority Development Progran.11 Subsection A of RS 34:3113 requires that the details of the Protec- tion Plan be "followed in all respects by the Executive Director in carrying out any aspect of the Authority Develognent Program." b - The Authority shall provide such assistance as :may be nec- essary to carry out the provisions of the Protection Plan. c - An Environmental Director shall be employed by the Author- ity, which shall establish such qualifications, based on the recom- nwxIation of the three Directors, as may be necessary to assure that the person selected is professionally trained and experienced in en- vironmental iratters, and familiar with, and sensitive to, the needs and characteristics of the area in which the offshore ternunal facil- ities are to be located. 5-3 d - The Environmental Director shall be under the direct super- vision of, and responsible to, the E;xecutive Director. e - Tlie Environmental Director shall, in addition to any other duties and responsibilities which may be assigned, have the following duties and respaisibilities, provided that such functions shall be performed only with respect, to activities, facilities and operations falling within the jurisdiction of the State of Louisiana and which are not otherwise accamplished by federal or other state authorities under applicable law (1) maintain such records as required by the Authority, includ- ing, but not Limited to, inspection and maintenance records, records regarding the handling of oil and hazardous substances, records of manitoring and coupensation programs, and records pertaining to pollutim incidents, cleanup activities, and cor- rective measures taken in connection therewith; (2) Inplement, either alone or in cooperation and coordination with other officials who may be responsible, such monitoring, research, and compensation programs as may be necessary to con- pensate the envixonnent, for loss sustained through stresses re- sulting fran the Authority developuent program; (3) Establish inspection programs, to be conducted by represen- tatives of the Authority, designed to insure frequent inspection 5-4 of all vessels, facilities, and operations within the Autbor- ity's jurisdiction; (4) Monitor all operational and contingency plans approved by the Authority; (5) Enforce ampliance with the provisions of any operation- al and contingency plan in cases in which adners or operators fail to amply with the provisions of such plan; (6) Enter into and maintain, on behalf of the Authority and with the approval of the Board of Ccuniissioners,, agreements with independent contractors and local, State, and federal agencies to provide personnel and equipment required to en- force or carry out the provisions of the Protection Plan and any operational. and contingency plan; (7) Serve as the representative of the Authority for the pur- poses of coordinating activities under the Regional and Nation- al. Contingency Plans; (8) Review operational and contingency plans periodically and recommend to the three Directors and the Board of Comimssioners changes to such plans and corrective measures to minimize and prevent pollution incidents; (9) Establish and maintain liaison with local, State and fed- 5-5 eral agencies having jurisdiction over any aspect of the Au- thority development program; and (10) Prepare a report which shall be included in the annual report of the Board of Ccmmissioners published pursuant to rs 34:3106A,, and which shall contain the following info=ia- tion regarding matters within the Authority's jurisdiction: (a) A description and quantification of arry pollution incidents which occurred during the Preceding Yearr as well as the impact of such pollution incidents; (b) 1he cleanup activities undertaken as a result of such pollution incidents, and corrective action taken by the Authority, and by owners and operators to Pre- vent the recurrence of such pollution incidents; (c) The inspeCtIon, monitoring, research and caqpensa- tion activities which were conducted or paid for by the Authority during the preceding year; and (d) A summary of any research or studies by any' person which would be relevant to the operation of the facility or which would further the maximum implementation of the Protection Plan or any operational and'contingency plan. f - Mien,, in the opinion of the Environmental Director, any person subject to the Authority's jurisdiction is causing, engaging in, or maintaining a condition or activity which creates an emergen- cy situation or presents an imminent or present danger to the public interest,, health, or welfare of the State of Louisiana, or could re- sult in damage to the environment, the EnvixomLental Director shall recommend the issuance of an emergency order, or other appropriate action, as provided for under applicable laq. 5-6 Subsection 2 - Operational and Contingency Plans. a - Any person who applies to the Authority for a license to construct and operate offshore tenTdxal facilities within the Author- ity's jurisdiction, shall submit to the Authority,, as a part of such application, an operational and contingency plan. Such plan shall be in sufficient detail to describe the pxocedures to be followed in operating and ma:Lnt&u=g offshore terminal facilities and shall in- clude, but not be limited to, the following: I I (1) A description of all equipment and facilities, including all safety, monitoring and pollution-prevention equipment, with plans and diagrams of all functional areas; (2) A description of the operational organization and key per- sonnel responsibilities; (3) A description of normal operating procedures with respect to vessel movement and tendnal functions; (4) An activities checklist for emergency procedures to be fol- lowed in the event of fire, explosion,, collision, or other emer- gency situations involving a vessel calling at the port or the offshore tejmdxol facilities; (5) A description of equipment to be used and procedures to be followed by tanker and deepwater port personnel during each phase 5-7 of the oil transfer operation including: (a) Prearrival procedures; (b) Hookup procedures; (c) Pretransfer tests and inspections required, and per- sonnel designated to perfonn these tests, including copies of check-off lists; (d) Discharge prevention equipment; (e) Transfer start-up procedures; M Pumping rates to be errployed under varying conditions; (9) M=ughput measurement system and any associated equignent; (h) Discharge detection equipment, with alarms; U) Transfer shutdown procedures during normal operations and in emergencies; and (j) Disconnect, procedures; normal,, emergency,, and adverse weather. (6) A description of the functions and general capabilities of other private organizations and governmental agencies which will provide services to the proposed offshore te=inal facilities during emergency events. In the case of private organizations, the contractual or other arrangements for their participation shall be indicated; (7) A description of inspection and maintenance procedures, in- cluding provisions for periodic testing of all oil transfer, safety and pollution-prevention equipment; 5-8 (8) A description of PrOV3'-S ions for keeping records of main- tenance and inspection activities , including provisions for submission of such records to the Authority; (9) A description of procedures to be adopted for prevention and control of accidental discharges fran the proposed off- shore terminal facilities using the National Oil and Hazardous Substance Pollution Contingency Plan (40 CFR Part 1510) and appropriate regional plans as guidance. Describe procedures to be followed should such discharges occur. Such procedures must include the following parameters: (a) Prevention systems. Describe the discharge preven- tion prograrn, with special emphasis on high risk portions of the oil transfer system. Include control and instru- mentation systeas for energency shutdown; (b) Discovery and notification. Provide detailed infor- mation regarding equipment and procedures for discovery and containment of a discharge. Include the procedures for timely notification of the Authority. Also provide an up-to-date listing of names, telephone numbers and ad- dresses of responsible persons and alternates to receive notification of a discharge as well as the names and tele- phone numbers of other federal,, State and local government organizations and agencies to be notified; (c) Evaluation and initiation*of action. Describe the location of the deepwater port discharge response opera- tions center,, and the procedures used to evaluate the ex- tent of the discharge and initiate action to coubat the discharge. An identification particularly of envixonmen- tally critical areas for oil spills near the proposed off- shore terminal facilities shall be included. A list and substance of agreements and arrangenients for acquisition of additional personnel, equipment, material and supplies, as well as the established procedure for requesting assis- 5-9 tance as necessary, when the situation exceeds the limits of the deepwater port response capability, should also be provided; (d) Containment and counter-measures. Describe proce- dures to be followed for containment and counter-measures based on various types of weather conditions, size of dis- charge, and equipuent available. 7his shall include an identification of the order of priority in which various land uses are to be protected where more than one area nW be affected as a result of an oil discharge; and (e) Cleanup and disposal. Describe the procedures used to clean up and dispose of residue from a discharge. r1he procedures described should be based on varying sizes of discharges, weather corx1itions, and equiFwient available. (10) A description of procedures for reporting of all pollution incidents to the Authority, including a spill-prevention control and counter-measure plan and an oil and hazardous substance pol- lution contingency plan, or other similar plans, prepared in ac- cordance with lcw. Such reports shall include: (a)- Report setting forth the quantity and cause of any pollution incidents; (b) Report of cleanup activities and an evaluation of the effectiveness thereof; (c) Report of the environmental iupact of any pollution incident with the provisions for issuance of periodic sup- plen-ental reports thereafter until the Authority determines that substantial environmental recovery has been effected; and (d) Co=ective measures to prevent recurrence of similar pollution incidents. (1-1) A description of procedures for cessation of appropriate activities in the following circumstances: 5-10 (a) Upon valid request of a duly authorized representa- tive of the Authority; (b) In the event of fire, explosion, severe storm, hur- ricane or other hazardous condition which endangers human life or the environment; (c) In the event of malfunction or over-loading of any facilities or equip-nent resulting in State or federal wa- ter or air quality standards being exceeded; and (d) In the event of inalfunction of safety or pollution- prevention equipment in cases in which no back-up system is available for innediate use. (12) A description of procedures for the handling and disposal of waste materials, whether treated or untreated,, which shall include: (a) Waste collection procedures; (b) Spoil and waste disposal procedures and sites; and (c) Operating procedures for treatment of such waste. b - No person shall operate any offshore terminal facilities within the Authority's jurisdiction unless an operational and Contin- gency Plan covering the operation of such facilities has been ap-- proved by the Authority incident to the issuance of a license by the Authority to such owner or operator. c - Submission to the Authority of copies of the operations rranual and contingency plan or other documents submitted to federal authorities in connection with an application for a license under the Deepwater Port Act shall be demed satisfactory ompliance with 5-11 this Subsection to the extent that information required in this Sub- section is contained in such document. The owner or operator shall also timely submit to the Authority axry amendments to such materials or supplementary information provided to federal authorities. Subsection 3 - Anti-Pollution Policy. a - Any person conducting operations or activities subject to the Authority's jurisdiction shall use all practicable mans to con- duct all such operations and activities in a manner which will assure the fullest protection of the environment without degradation, risk to health or safety,, or other undesirable and unintended consequences. b - No person subject to the Authori@y 's jurisdiction shall dis- charge any pollutants in any quantities or concentrations which exceed applicable local,, State, or federal standards or which violate any regulation of the Authority. c - Any person responsible for a prohibited discharge shall im- mediately take all appropriate steps to abate and cleanup the dis- charge to the Authority's satisfaction. Notwithstanding the forego- ing requirement,, the Authority may undertake the abatement and clean- up of the discharge whenever the person responsible for such abate- ment and cleanup fails to take appropriate action and all costs asso- ca.ated with the abatement and cleanup of the discharge will be charged to the person responsible for the discharge. 5-12 Section 3 -linancial Responsibility a - Subsection JM of RS 34:3113 requires the posting of "evi- dence of financial responsibility to insure perfonnancell of the en- forcaTent and cleanup provisions of this Protection Plan. b - In view of the security provided by the Louisiana Environ- nmtal Protection Fund and the security required under the Deepwater Port Act, the Authority finds tha.t there is no present need to re- quire the posting of additional evidence of financial responsibility. c - However, the-Authority will review periodically the need for such security. Arry such security required will be conditioned on the licensee's compliance with the requirements of the Authority's rules and regulations and any conditions otherwise imposed by the Aur thority. 11he specific amount of any such security shall be estab- lished by the Authority by amendment to this provision and shall be based on a thorough consideration of all environmental stresses in- volved and other forns, of security provided through the Louisiana Enviroramntal Protection Fund, or under federal law or voluntary agreements. In no event shall security be required under this Sec- tion which duplicates requirements of federal law. d - Owners or operators must file an application for a certif- icate of financial responsibility at least 60 days in advance of any construction, use, or operation of any deepwater port facility or 5-13 other property subject to the Authority's jurisdiction. e - The Authority shall provide the required appI -1 cation form which shall be appended to, and incorporated as part of, this Pro- tection Plan. f - Applications will be processed in order of receipt; pro- vided, Mwever, that requests for expedited. consideration will be granted if good cause is shcwn by the applicant. Every application filed pursuant to this Section, whether for original issuance of a certificate or renEwal thereof , niust be accompanied by an applica- tion fee as per schedule to be amexed hereto, adopted by auendment to this provision. g - All applications, evidence, documents, and other statements required to be filed with the Authority shall be in English, and any rmnetary terms shall be expressed in terms of United States currency. The Authority shall have the right to verify any staterents made, or evidence submitted, under this Section. h - Any security obligation filed with the Authority hereunder shall be issued by a person authorized to do business in the State of Louisiana and acceptable to the Authority, in the amunt required by this Section. i - The security obligation subrdtted to the Authority here- under shall set forth in full the correct name of the person to whan 5-14 the certificate is to be issued and shall be signed by a duly autho- rized officer or representative of the applicant and sttTdtted with evidence of his authority. j - In the event of any nonmaterial change in the facts as re- flected in the application, the applicant or certificant shall noti- fy the Authority in writing immediately, and in no event later than fifteen (15) working days following such change. For the purpose of this Section, a nonmaterial change shall be one which does not result in an increase in the amount of financial responsibility necessary to qualify for a certificate under this Section. k - If for any reason (including a vessel's demise, sale, or transfer) a certificant ceases to be responsible hereunder, the cer- tificant shall, within five (5) working days, subndt the following written information to the Authority: (1) The number of the certificate and the name and-description of the vessel or property involved; (2) The date on which the certificant ceased to be liable; (3) 9he nane and mailing address of the person to whan the vessel or property involved was sold or transferred, if any; and. (4) 9he location of the vessel or property on the date indi- 5-15 cated in subparagraph (2) of this paragraph- 1 - Each person subject to the provisions of this Chapter, in- cluding any applicant, insurer or surety,shall furnish a written des- ignation of a person in the State of Louisiana as agent for service of legal process. Such designation nust be ackncwledged, in writing, by the designee. In any instance in which the designated agent can- not be served because of his death, disability, or unavailability, the Secretary of State of Louisiana will be deenned to be the agent for service of process. Mien serving the Secretary of State in ac- cordance with the above provision, the Authority shall also attempt service on the certificant,, insurer or surety as the case way be, by forwarding a copy of the process by registered mail to its last kncwn address on file with the Authority. m - If any security obligation filed with the application does nat ccuply with the requirements of these rules and regulations, or if for any reason fails to provide adequate or satisfactory protec- tion as required by la#, the Authority shall notify the applicant, as prcuptly as possible, stating the deficiencies thereof. n - Confidential financial data filed in connection herewith shall be afforded the same protection given in the Courts of this State. o - Mienever a security cbligation has been filed properly in 5-16 accordance with these rules and regulations, the Authority shall is- sue a separate certificate covering each vessel or other property involved, evidencing the Aut�=ity I s finding of adequate financial responsibility to meet the requirements of these rules and regula- tions. Each certificate shall be valid for one year, or for such longer period as has been specified thereon. p - Mie certificate issued pursuant to these rules and regula- tions, or a coW thereof, mmt be imTiediately available to the public at all times,, at the property or operation to which the certificate relates. Mere it would be physically or practically iiq@ossible for the certificate, or a copy thereof, to be inuiediately available, the Authority shall be so notified, and the certificate shall be retained at a specified location in the State of Louisiana and kept readily available for public inspection. q - 'A certificate shall become null and void'upon cancellation or termination of the security cbligation, or as otherwise provided under these rules and regulations. r - No security cbligation filed with the Authority hereunder shall be released until the Authority has certified that the proper- ty or operation for which such security was posted has not been a source of pollution for which any liability remains outstanding. 5-17 Section 4 - Construction Guidelines. a - All offshore terminal facilities within the Authority's jurisdiction shall be constructed in accordance with the require- mants stated in this Section. b - Construction of such facilities shall be performed in a manner that will minimize, to the fullest extent possible, all actu- al and potential stresses on the natural and hunan environment, and shall be conducted in accordance with applicable industry standards and those of local, State, and federal agencies. c - r1he Authority's inspection of the construction of any off- shore tenninal facilities within the Authority's jurisdiction shall be coordinated with monitoring and inspection program conducted by the Touisiana Wild Life and Fisheries Ccnrdssion or appropriate pub- lic or private persons selected by the Board of Cc=Lissioners. d - Construction features, constructed by or at the direction of an owner or operator, such as canals, roads, fill areas, dikes, and bulkheads,, shall be considered facilities for the purposes of the inspection and maintenance required by an owner or operator un- der paragraph b of Subsection 1 of Section 5 of this Chapter, unless otherwise designated by the Authority. e - All work areas shall be physically maintained at the high- est standards reasonably possible. In any case when, after notice,, 5-18 a person fails to comply with this regulation, the Authority may pay such costs as may be necessary to assure compliance, and charge such amounts against the responsible adner or operator involved. All con- tracts for construction of offshore terminal facilities within the Authority's jurisdiction shall contain specific reference to this re- quirement. f - All liquid and solid waste fkat the construction of off- shore terminal facilities within the Authority's jurisdiction shall be handled, treated, and disposed of in accordance with the regula- tions of,, and procedures approved by, federal, State, and local agen- cies. g - All. equipment, facilities, and systat shall be certified as required by laa and shall be tested as necessary to assure their proper operation. h - Any person engaged in construction of offshore tenuLnal fa- cilities within the Authority's jurisdiction shall obtain all neces- sary Federal and State penuits prior to conviencing such work and to the fullest extent possible will follow the following guidelines in the performance of such work: (1) Use existing work areas, facilit ies, and access routes; (2) Avoid, interference with the patterns of any littoral. drift and littoral currents; 5-19 (3) Avoid interference with, or disruption of, natural drain- age or natural water circulation; (4) prevent saltwater intrusion into existing surface or under- ground fresh water bodies; (5) Avoid closing off, or changing the configuration of, exist- ing tidal passes; (6) perform dredging operations in a manner which will not sig- nificantly affect marine organisnis outside of the imiediate dredge and spoil areas; (7) obtain fill material from areas approved by the IDuisiana Wild Life and Fisheries CcuTnission or other appropriate govern@- mentalagencies, and in doing so, avoid any possible loss of habitat or any increase in the rate of erosion; (8) Refrain frcm any activity which might significantly increase the rate of erosion; (9) Provide for initiation, implementation, and completion of appropriate action to insure conTensation of areas damaged by construction activities; and (10) Avoid interference with, or disruption of, spawning activ- ities or natural migration and mvements of any aquatic animals. 5-20 Section 5 Operational 'Guidelines Subsection 1 General Provisions. a - A-11 offshore terminal facilities within the Authority's jurisdiction shall be operated in accordance with the requirements stated in this section. b - operation of all offshore terminal facilities within the Authority's jurisdiction shall be conducted in a mann er that will minimize, to the fullest extent possible, all actual and potential stresses on the natural and human environment, and all such opera- tions.shall be conducted strictly in accordance with applicable in- dustry standards and those of local, State, and federal agencies, and in accordance with the provisions of any operational and contin- gency plan covering such operations. c - Any owner or operator shall perform regular inspection and maintenance of such facilities in accordance with approved op- erational and contingency plans. Subsection 2 - Operator Training and Performance. a - All operating personnel whose activities may directly or indirectly affect safety or the envixorment shall be qualified un- der industry standards to perform. the duties to which they are as- signed and shall be licensed and certified in accordance with law. 5-21 b - rihe Eaecutive Director, or his duly authorized representa- tive, may, at any time, require evidence shcwing that any operator is qualified to perform. his duties or is properly licensed or certi- fied. c - whenever it is determined by the Executive Director, or his duly authorized representative, that any individual is not qual- ified to perform his duties, not properly certified or licensed, or has been guilty of deliberate or flagrant disregard of any environ- mental or safety regulations or procedures, such individual may be prohibited from performing further duties with respect to matters subject to the Authority's jurisdiction. A hearing concerning any such action, when requested, must be conducted by the Authority within five days thereafter. Subsection 3 - Navigation and Moring. a - Any owner or operator of any offshore terminal facilities within the Authority's jurisdiction shall not permit the use of such facilities by any vessel which fails to meet all applicable stand- ards and regulations of any federal or State agency having jurisdic- tion over the matter involved. b - r1he Authority shall take all appropriate measures to in- sure cocperation with the United States Coast Guard, and any other appropriate federal agency or department,, to encourage and assist 5-22 in the developrient of regidations pertaining to: (1) Establishment and marking of mandatory navigatiau-a fair- ways for vessels using deepwater port facilities; (2) Radar monitoring of.vessels in the vicinity of deepwater port facilities; (3) Vessel traffic control systems for vessels using deepwater port facilities; (4 Fairway navigational aids; (5) Use of mooring masters on tar*ers using deepwater port fa- cilities; and (6) Designation of safe anchorage areas for vessels using deep- water port facilities. Subsection 4 - Transfer,.Transportatim and Storage of Oil and Hazardous Substances. a - All transfer, transportation, storage or other handling of oil and hazardous substances subject to the Authority's jurisdiction shall couply with all applicable industry standards and regulations and standards of local,, State,, and federal agencies, and shall mini- nfLze,, to the fullest extent possible, all actual and potential envi- ronmental stresses. 5-23 b Mien necessary for the regulation of matters subject to the Authority's jurisdiction, the Authority shall take all appropri- ate measures to enter into agreements with the United States Coast Guard, or any other appropriate federal, State, or local agency, regarding administration and enforcement of regulations pertaining to transfer, transportation and storage of oil and hazardous sub- stances. Subsection 5 - Waste Disposal. a - Each owner or operator shall cmply with all applicable regulations and standards pertaining to disposal of wastes. b - No owner or operator shall permit any outdoor burning of waste materials, including oil, except as permitted under provisions of the Louisiana Aix Control Candssion regulations,, and as specifi- cally approved by the Authority. Section 6 -, Ynnitoring Prograns a - Subsection J(4) of RS 34:31-13 requires "a monitoring pro- grmu by appropriate public or private persons selected by the Board of Ccumissioners" as an operational aspect of the Authority develop- ment progran. Ihe Act further requires "that the Authority Develop- ment Program, be pursued so that there is full coordination and coop- eration between agencies and groups that have complementing or over- lapping interests and the Authority.." (FS 34:3114A). However, the 5-24 Act further provides that nothing contained therein "is intended to dimin@ish in any way the authority of the Louisiana Wild Life a4qnd Fish- eries 2qC0qzmqnqission." (4qPS 34:31q134qK). b - rq1he Authority shall establish and maintain,, with the ap- proval of the Louisiana Wild Life and Fisheries Commission, such rnqoniq- torqin6qg programs as reca0qnrended by the three Directors and approved by the Board of Cqo4qmqr0qassicners. Any monitoring prqogr0qan approved hereun- der shall be designed to accomplish only the surveillance of the A4qu- thoqri.ty develo0qpr0qent program and shall include, but not be liquqmtedtoj, monitoring of (1) Me envizqorqinental stresses caused by oil spills and other polluting instances; (2) The air and water pollution levels in the Louisiana coast- al environmentq; (3) 'Ihe offshore water column and offshore benth4qos; (4) Shoreline. estuarine marsh,, and freshwater swamp vegetation and fauna; (5) The number, m04qoverqnent, and spqmning and breeding cycles of wildlife in the Louisiana coastal environment; (6) Saltwater intrusion; 5-25 (7) Water circulation and drainage; and (81 Shoreline erosion and erosion along pipeline canals. c - TbLe Authority shall take necessary measures to enter into an agreaTent with the Louisiana Wild Life and Fisheries Coimd-ssion regarding the developTent and. implementation of a monitoring progrm undertaken by appropriate public and private persons selected by the Board of Ccmnissioners pursuant to RS 34:3113J.(4). d - To the extent possible, monitoring programs shall be coor- dinated with programs conducted by universities and local, State, and federal agencies. e - 1he Authority shall take all necessary steps to insure that monitoring stations are established for all offshore terminal facili- ties within the Authority Is jurisdiction and at such other places as nay be appropriate. monitoring stations used for an initial project assessm@nt shall be utilized whenever appropriate. f - Monitoring techniques way include standard air, water, and sediment sampling and analysis methods; visual observation from air- craft, boats, marsh vehicles, land vehicles, and from persons on foot; aerial photographs, including infra-red techniques; and standard ma- rine population sampling techniques. g - Before the establishment of any monitoring progran, the 5-26 three Directors and the Board of Camiissioners; shall actively solic- it the advice, consultation, and reconmwxIations of recognized envi romental organizations and environmental specialists. h - The Authority shall take all necessary steps to insure that an invediate investigation is made of the cause and effect of any stresses indicated by monitoring of the Authority development program by the Louisiana Wild Life and Fisheries Ccmission or any other State or federal agency. section 7 - Approval 2f Projects AndActivities a - This Protection Plan shall be followed throughout all as- pects of the Authority development program. All offshore terminal facilities within the Authority's jurisdiction, which directly or indirectly affect the environment, numt: be approved by the Authority before construction or operation thereof comTences. b - IIhe Authority may inpose, in any license issued by it for construction and operation of offshore terminal facilities within the Authority's jurisdiction, all conditions which it deem nece s- sary to protect Louisiana's environment. c - Every approval granted by the Authority shall include a reference to the liability provisions of this Protection Plan and shall also include, as a condition of such approval, a provision stating that the holder thereof specifically agrees to be bound by 5-27 all conditions bTposed ti@erein by the Authority,, and by all of the Authority's rules and regulations. d - Any application to the Authority for a license to construct and operate offshore tendnal facilities within the Authority's ju- risdiction shall contain the following infor:mation: (1) A general description of the.proposed project, including the description of the proposed site, design, and construction schedule; (2) A gen@ral description of the environmental stresses rea- sonably expected to result from the proposed project; (3)' A general statement of the ecorcrdc aspects of the pro- posed project, including its economic feasibility, estimated project cost, and imthod of financing; (4) A statement of the relationship between the proposed pro- ject and any other actual or proposed aspect of the Authority develolxrent P3:CgraM,- (5) A statement of the reasonable alternatiVes to the proposed project; (6) A detailed description of the proposed project including details of the design, location, construction Uncluling the construction schedule), operation, and phase-out plans for the 5-28 proposal; (7) A aqm0qplete environmental inventory of the areas iqnqmiediate- ly affected by the proposed project which shall include all enq- vir0qom4qL0qntaql info0qnr0qation, necessary for a proper evaluation of the proposal; (8) A detailed inventory of all actual and potential stress- es on the natural and human eqn0qv4qirqoqrqmlent which are expected tqo occur in pursuing the proposed project; (9) A detailed statement establishing cor0qpliance with the pro- visions of the Protection Plan regarding design and selection of sites for the proposed project; (10) A detailed description of the economic aspects of the pro- posed project including a statement of project costs and finan- cial arrangements; and (11) A statement of any irreversible and irretrievable 4qcqoqmd-tq- qmqent of resources occasioned by the proposed project. e - The zuthority may require submission of such additional in- f04qo4qn04qmti8qmq.or supporting data as it deen00qrqs necessary for a full and cqoqu0qplete consideration of any such license application. f - Any person qn40qWdqn6qg application to the Authority for a li- cense to construct and operate offshore t0qer0qn0qunal facilities within 5-29 the jurisdiction of the Authority, shall provide the Authority with a coly of any environmental assessrmnt relating to the proposed pro- ject and prepared under any other laa,, in fulfillment of the require- :ments of this Section of the Protection Plan, to the extent that any such environmental asses--amnt contains information wtich is relevant and specifically designated and cross-referenced to the rules and regulations to which information relates. g - The Authority shall actively solicit the advice, techni- cal assistance and reccmTemdations of such professional, teduiical., and scientific personnel as may be required for the proper evalua- tion and consideration by the Authority of any license application project proposal submitted for consideration by the Authority. h - 11he Authority ray approve or deny (or approve condition- ally) in whole or in part, any license application for. enviromen- tal reasons, and sball, upon request, state such reasons in detail. i - 9he Authority shall not issue a license authorizing uncon- ditionally the operation of offshore terminal facilities within the Authority's jurisdiction unless an operational and contingency plan covering such facilities has been approved as provided in the Au- thority's rules and regulations. j - The Authority shall not approve the construction or opera- tion of any offshore texminal facilities within the Authority's ju- 5-30 risdiction unless it is first dete3md-ned that: (1) the person requesting approval is financially responsible and has demonstrated his ability and willingness to comply with applicable lavs, regulations, and conditions of approval; (2) the activities or facilities wi" be designed, located, constructed and conducted in a manner which will minimize or prevent any significant adverse environmental affects. In mak- ing this determination, the Authority shall consider all s igra- ficant aspects of the activity or facility including arry rela- tion to: (a) Effects on marine organisms; Cb) Effects on air and water quality (c) Effects on ocean current and wave patterns and on nearby shorelines and beaches; (d) Effects on drainage and water circulation patterns; (e) Effects on alternative uses of the ocean such as fish- ing, aquaculture, and scientific research; (f)- Susceptibility to damage frm sto= and other natural phenmpana; (9) Effects on aesthetic and recreational values; (h) Effects on land loss and erosion; (i) Effects on ambient noise level; and (j) Energy requirements needed to carry out the described operations or processes; 5-31 (3) Adequate baseline data is available concerning the proposed project. k - Before approval of a license appI I cation may be granted, all proposed construction projects which may significantly affect the en- virorment of arry particular area shall be advertised by the Authority, by publishing a general statement similar in form and content to the notice published in the Federal Register in connection with an appli- cation for a license under the Deepwater Port Act of 1974, as to the nature of the proposed project once a week for three consecutive weeks in the Authority's official journal and in a daily newspaper in the locality or localities most affected by the proposed project. T[iis provision shall not apply in cases of emergency, certified as such by the Authority; provided, hcwever, that the Authority shall publish notice of the construction project and the nature of the emergency involved in the same manner as provided herein for proposed projects. 1 - All information relating to license applications filed with the Authority, other than documents designated by the applicant as involving trade secrets or confidential information, shall be avail- able for public inspection, at the Authority's office for at least thirty days prior to grantuig of any approval authorizing construc- tion. m - Each owner or operator shall establish and maintain such records, make such reports and provide such information as the Au- 5-32 thority shall reasonably require or request. Each sudi owner or op- erator shall submit such reports and make available such records and information to the Authority as required under this Protection Plan or under other rules and regulations of the Authority. n - Any contract for the construction and operation of an oil terminal as an interstate common carrier shall contain a provision making all parts of the Protection Plan applicable to said contract. In no event shall any such contract extend the jurisdiction of the State or the Authority to areas where such jurisdiction would not otherwise exist. Section 8 inspection a - Any duly authorized representative of the Authority -is au- thorized to enter, at all reasonable times, and inspect arry offshore terminal facilities within the Authority's jurisdiction, for the pur- pose of inspecting or investigating conditions in order to ascertain the state of compliance with the Act, this Protection Plan and other rules,, r,egu].ations and orders of the Authority. b - Such representative of the Authority may inspect, at rea- sonable times,, relevant records,, files, papers, processes, controls, operations, and facilities for the purpose of ascertaining the state of compliance with the Act, this Protection Plan and other rules, regulations and orders of the Authority. 5-33 c - No person shall refuse iumediate entry or access to any authorized representative of the Authority who requests entry for purposes of inspection, and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with any such inspection. d - The Authority representative shall prepare a report, set- ting forth the results of inspections, which shall be available, upon request,, to the owner or operator of the facility or operation involved. e - Upon refusal by an owner or operator to pennit a represen- tative of the Authority to enter and inspect as provided in this Section, the Authority's representative shall either ten-ninate the inspection or confine the inspection to other areas,, structures,, nm- terials,, records,, or operations not subject to objection. f - 7he Authority's representative shall endea-mr to ascertain the reason for any such refusal, and he shall imediately report the refusal and the reason therefor to the Executive Director who shall prmptly take such appropriate action as may be warranted to assure ampliance with these inspection provisions. g - Advance notice of inspections need not be given,, but such notice may be given: (1) In cases of apparent imidment danger to enable the owner or operator to abate the danger as quickly as pcs- M 5-34 sible; (2) in cir.cumstances wher e the inspection can most effective- ly be conducted after regular business hours or where special. prep&- rations are necessary for an inspection; (3) where necessary to as- sure the preseme of representatives of the owner or operator or the appropriate personnel needed to aid in the inspection; and (4) in circumstances in whidi advance notice would enhance the probability of an effective and thorough inspection. h - At the beginning of an inspection any representative of the Authority shall present his credentials to the person in diarge; explain the nature and purpose of the inspection; and indicate gen-- erally the scope of the inspection and any records which he wishes to review. However, such designation of records shall not preclude access to additional reaords not specified previously. i - Representatives of the Authority shall have authority to take samples and measurements, and to take or obtain photographs re- lated. to the purpose of the inspection, enTploy other reasonable in- vestigatIve tedmiques, and question privately any employer, owner, operator,, agent or employee of any offshore terminal facilities with- in the Authority's jurisdiction. j - The Authority's representatives shall make every reason- able effort to conduct inspections so as to preclude unnecessary dis- ruptions, consistent with the requireomts and intent of these in- spection provisions. 5-35 Section 9 - Administrative and Judicial, Procedures Subsection 1 - Administrative Procedures. a - %lienever any violation of this Protection Plan, the Author- ity's General Rules and Regulations, or any condition of a license issued by the Authority or an approval granted by the Authority pur- suant to this Protection Plan is threatened, or whenever such viola- tion is occurring or has occurred, the Authority shall initiate and pursue appropriate adnunistrative procedures and may issue such or- ders and decrees as may be necessary and authorized by the Authority's General Rules and Regulations. b - Except in the case of emergency orders as provided for here-- in, orders and decrees shall be issued only after an adjudicatory hear- ing. The General Rules and Regulations of the Authority govern the hearing requirements applicable to adjudicatory proceedings. c - An order or decree issued by the Authority may require the person served with such order to cease and desist the acts complained of fort'-with, or in accordance with such other requirements as the Authority may deem warranted. 'Ihe person served with such an order may be required to take appropriate renvedial or preventive action. d - Mienever,, in the opinion of the Authority, any person is engaging, or threatens to engage, in any act or practice which may constitute a violation of any final order or decree of the Author- 5-36 ity,, the Authority shall prcuptly take appropriate action to assure the imposition of available sanctions. e - When, in the opinion of the Authority, a person is causing, engaging in, or naintaining a condition or activity whi Ch creates an emergency situation, presents an inminent or present danger to the public interest, health, or welfa of the State, or could result in damage to the environment,, the Authority nkay, without prior hearing, issue an eniergency order requiring that the person believed to be re- sponsible for the situation discontinue, abate, or alleviate such condition or activity, pending a hearing. 9he proscribed condition or activity shall be inTnediately discontinued, abated, or alleviated, upon receipt of notice of such emergency order. f - In all cases involving issuance of emergency orders, the Board of Ctumissioners shall schedule a hearing within. 4 8 hours. 'Ihe scheduling of a hearing shall not stay the operation of any emergency order issued by the Authority. g - The Authority may institute an administrative proceeding in a e with the Authority's General Rules and Pegulations, to establish liability and to recover damages for any injury to the air, waters, or property, including aninial, plant, or aquatic life, of the State, subject to the Authority's jurisdiction, caused by any viola- tion of the Protection Plan. After a hearing, the Board of Coams- sioners may issue any order which may be warranted, including the in-r- 5-37 position of fines. h - If the Authority has rea on to believe a violation of any applicable rule or regulation, or condition of a license issued by the Authority, has occurred,, it may institute an administrative pro- ceeding to assure compliance or obtain other appropriate corrective action, in accordance with the Authority's General lbales and Regula- tions. i - Any person who violates any order of the Authority, any provision of this Protection Plan, any other rule or regulation of the Authority, or any condition of a license issued by the Authority, will be subject to such fines as provided by law. Subsection 2 Judicial Procedures. a - The Authority shall initiate and pursue all appropriate ju- dicial and administrative remedies to assure compliance with the pro- visions of this Protection Plan. b - The Authority may institute a civil or criminal action in a court of competent jurisdiction to enforce the provisions of this Protection Plan. c - The Authority may institute a civil action in a court of competent jurisdiction to impose and to recover such penalties as may be applicable. 5-38 d The Authority may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compli- ance with this Protection Plan or any rule, regulation, license, certificate, or order, to enjoin any violation and to prevent i=e- parable injury to the air, waters, and property, including animal, plant, and aquatic life of the State, within the Authority's juris- diction,, and to protect human health, safety, and welfare caused or threatened by any violation. e - In addition to the remedies specified above, the Authority nay seek any other appropriate administrative or judicial remedies not specified above, including the institution of criminal and ad- miralty proceedings. f - All the judicial and administrative remedies set forth herein are independent and cumulative except that full monetary dam- ages shall only be recovered one time. .Section 10 - Lws of Other Agencies. The AuthorityIshall actively assist all federal and State'agen- cies, including, but not limited to those specified in Chapter 7 of this Protect-Lon Plan, in enforcing the envimrmental laws and regu- lations within its jurisdiction; and, to the fullest extent possible, the Authority shall also seek the assistance of those agencies to am lement the efforts of the Authority to protect the envirorment in accordance with this Protection Plan. CHAPTER 6 FqUND8qIqt8qZ OF ENVIRONMENTAL PROGRAMS Section 1 - Statutory Authority a - State Law (1) 6qT6qhe Envirorm4qental Protection Plan is required to "pre- sent details of how the operational aspects of the Authority develop.- qrr4qent, program will be conducted so as to minimize environmental pqrqcb- le0qm including but not li0qntited to a monitoring program by appropri- ate public and private persons selected by the Board of Cqc8qmnission- ers" and "strong enforcement provisions and n0qechanisnqr. to insure cleanup of accidental spills by technical qn4qeqans-'' [8qRS 34:31138qJq(4)]. (2) 6qTqhe Act also requires that the Protection Plan set forth "procedures for funding of projects to be paid for by the Au- thority to the Louisiana Wild Life and Fisheries Ccqn0qutission or any other agency designated by the governor which shall coa2qpesate the coastal environment for loss that may be sustq&ned through the stresses on the environment created by the Authority Development Program.q7 [4qRS 34:3113qJq(5)q]. (3) The Authority is "vested with exclusive and plenary authority to do arry and a40ql6ql things necessary" (4qF28qS 34:3109A) and is "e6qmp04qa0qwered to take all necessary steps to protect Louisiana's unique 672 coastal enviroment fran arqry short-tem or long@-teqxm d8qw4qege or ham wqt4qach might. occur fran any aspect of the Authority Develo6qgrqtent Pqrqc>- gram." (qPS 34:3109D). (4) The Authority is 4qar0qp0qo0qwered "to fix reasonable and just rates, fares-, bolls or charges for the services and facilities" within its jurisdiction, and "to co6q"ect tolls and fees."'' [RS 34: 3109Aq(q8q) aqnd RS 34:3109C(6)q]. (5) q7he Act states as its policy "that the Authority Devqel- 2qppment Program.-bqe pursued so that there is full coordination and cooperation betReen agencies and groups that have complementing and overlapping interests and the Authority", and "that the appropriate federal agencies which are required by federal law to plan qo4qr regu- late transportation facilities or programs are consulted regularly and are fully involved in the Authority Develo6qgqm0qnt Program where appropriate.,, (rs 34:3116A and D). b Federal law q(q1) Section 2(a)(3) of the Dee4qpwater Port Act of 1974 (33 USC 1501, et seq.) declares that it is the purpose of that Act to "protect the interests of . . . adjacent coastal States in the location, construction, and operation of dee6qpwater ports." (2) Section 2(a)(4) of the Dee36qpwater Port Act declares 6-3 that it is the purpose of that Act to "protect the 4qri8q#its and respon- sibilities of States and ca0qmqwiqities to regulate g0qr0qcw-qth, 6qdetennine land use,, and otherwise protect the environment in accordance with (3) Section 5q(h)(2) of the Deepwater Port Act provides that an adjacent coastal State may fix reasonable fees for the use of a deepwater port facility and directly related land-based faciqli- ties as coqupensation for arqry econqc8qmqic, administrative or envirome4qn- tal aqosts attributable to the construction and operation of such deep- water port and such land-based facilities. Such fees "shall not ex- ceed such economic, environmental, and administrative costs of such State" and shall be subject to the approval of the Secretary of Trans- portation. (4) Section 18(k) (1) of the Deepwater Port Act expressly recognizes the right of States to impose "additional requirements or liability for arry discharge of oil f4qrqcqxqn a dee6qpwater port or a vessel wi6qt-4qdn a safety zone." (5) Section 18(e) of the Deepwater Port Act iqr4qqqx0qses liabilq- qi8qt6qy without regard to fault, up to $50,000,000, on the licensee of a deepwater port for cleanup costs and da0qn-00qa40qges that result f04qr0qc4qx0qn a dis- charge of oil fra0qn such deepwater port or frc4qin a vessel qn-04qco4qred at such deepwater part. 6-4 (6) Under Section 18 (d) of the Deepwater Port Act, the own- er or operator of a vessel is made liable without regard to fault, up to $20,000,000, for cleanup costs and damages that result from a dis- charge of oil frm such vessel within arry safety zone, or from a ves- sel which has received oil frm another vessel at a deepwater port, except when such vessel is moored at a deepwater port. (7) TAhen a discharge of oil from a deepwater port or fran a vessel moored at such deepwater port, or when a discharge of oil fran a ve ssel within a safety zone or fran a vessel which has received oil frcin another vessel at a deepwater port, except when such vessel is moored at a deepwater port, is the result of gross negligence or willful nmsconduct within the privity and knowledge of the licensee of such deepwater port, or the vessel owner or operatorr respectively, such licensee is made liable under Section 18(c) of the Deepwater Port Act,, and such vessel owner or operator is made liable under Section 18(d) of that Act, for the full amount of all cleanup costs and dam- .ages resulting from the discharge. (8) Section 18(f). of the Deepwater Port Act establishes a Deepwater Port Liability Fund and provides that it shall be liable for all cleanup costs and damages "in excess of those actually com.- pensated" by the licensee of a deepwater port or the owner or opera- tor of a vessel pursuant to Section 18(d) and 18(e) of the Deepwater Part Act. 6-5 Section 2. - Findings of the Authority In view of the liabilities imposed under the Deepwater Port Act, and in order to avoid unnecessary duplication of environmental pro- tection measures, the Authority finds that there is presently no need for it to impose additional liability with respect to those discharges of oil prohibited by the Deepwater PortAct, specifically, the dis- charge of oil into the marine envirorment fran a vessel within arry safety zone, frcm a vessel which has received oil from another vessel at a deepwater port, or fran a deepwater port. Section 3 - Louisiana Envirormental Protection Fund a - 'Ihere is hereby established a "Louisiana Envirormiental Pro- tection Fund" and the monies in the Fund shall be disbursed by the 2/ Authority to pay for the environmental costs- of the State of Lou- isiana attributable to the construction and operation of deepwater port and related land-based facilities. l/ r1here is presently pending in Congress proposed legislation, such as HR 9294, which, if enacted, would impose liability for offshore oil spil 1 cleanup costs and damges, would create a comprehensive scheme for the recovery of such cleanup costs and damages, and may supercede the provisions of the Deepwater Port Act relative to liability and com.- pensation for oil spill cleanup costs and damages. 2/ See Section 4. 6-6 b - There shall be credited to the Fund: (1) Enviromental compensation fees and any interest there- on collected by the Authority pursuant to the Authority's Rules and R@gulations Applicable to Fees, Costs and Charges; (2) Monies recovered by the Authority, including cl. for cleanup costs and damages, as a result of legal action, a demand for payment, or a compromise or settlement of a claim by the Author- ity, related to the purposes of the Fund; (3) Fines and civil. penalties imposed by the Authority; provided, however4, that the hyposition. of a fine or civil penalty against a licensee shall not affect such licensee's liability for the payment of environmental compensation fees; (4) Monies received by the Authority under State and fed- eral programs for projects related to the purposes of the Fund; 1 (5) Interest received from investment of monies in the Fund; and (6) Other revenues, fxat whatever source derived, which are credited to the Fund by the Board of Commissioners. c - Mnies in the Fund not needed to meet current cbligations shall be handled as provided by laq and in accordance with prudent 6-7 financial principles. d - Because the Fund is for the purpose of compensating the State of louisiana for environmental costs attributable to the con- struction and operation of deepwater port and related land-based fa- cilitiest private damages claimed by any person allegedly resulting fran arry aspect of such construction or operation shall not be recov- erable against the Fund. Such persons may pursue such remedies as are provided by 1w. Section 4 - Environmental Costs r1he term "envirormental costs" shall include those costs incurred by or on behalf of the Authority to carry out its envIrorrrient-al re- sponsibilities, including costs incurred to: (1) Administer and amend the Authority's Environmental Pro- tection Plan; (2) Conduct appropriate envirowental monitoring and in- spection progrc-m related to the construction and operation of deep- water port and related land-based facilities; (31 Prevent loss or damage to the louisiana environment from the construction and operation of deepwater port and related land-based facilities; 6-8 (4) Cairpensate the Louisiana environment for loss or ni- age attributable to the construct-Lon and operation of deepwater port 3/ and related land-based facilitiest- (5) Conduct research projects related to constru ction and operation of deepwater port and related land-based facilities; and (6) Abate and cleanup any discharges of oil, or any other stbstance, which the Authority determines has caused or way cause loss or damage to the Louisiana environment, attributable to the con- struction and operation of deepwater port and related land-based fa- cilities,, when the person responsible for such discharge has failed or refused to take appiopriate action to cleanup or abate the dis- charge. Section 5 - Environmental Cbmpensation a - Should any loss or damage attributable to the construction and operation of deepwater port and related land-based facilities oc- cur to the Louisiana environment, the licensee shall take appropriate action to compensate the enviroment, for such loss or damage. b If the licensee fails or refuses to provide appropriate en- See Section 5. 6-9 vironmental compensation, the Authority,, either directly or incoordi- nation with any other appropriate agency,, may take such measures as the Authority deems necessary to ccmpensate the environment for such loss or damage. 9he Authority will thereafter seek to recover fran such licensee the costs thus incurred by or on behalf of the Author- ity. c - Environmental compensation shall consist,of: (1) repair, rehabilitation and restoration of damaged areas of the environment; or (2) when such repair, rehabilitation and restoration is not feasible: (a) acqUsition, irnprovenient. or enhancement of re- lated areas of the environment, when it will directly offset and compensate for the loss or damage to the'environnent; or (b) re-- search projects reasonably related to providing data to assist in future prevention or coupensation of damaged areas of the environ- ment. d - Nothing in this Chapter shall be construed or interpreted to preclude or I=ut in any way any right which the Authority might have to recover,, under applicable lw,, for loss or damage to the louisiana environment. 6-10 Section 6 - Research-Projects a - The Authority may establish and maintain, either alone or in cooperation with other appropriate State or federal agencies, such- research projects related to construction and operation of deepwater port and related land-based facilities, as recommended by the three Urectors and approved by the Board of Ccardssioners. Such research projects may include: (1) Research on the environmental stresses caus ed by oil spills and other polluting instances; (2) Studies to determine the econcmic loss resulting from. environmental stresses; (3) Erosion control studies; (4) Studies designed to measure the capacity of selected areas of the Louisiana coastal wetlands to absorb environmental stress- es; (5) Studies to determine the effects of pipelines on the coastal environment; (6) Studies of chronic pollution; (7) Studies to develop improved methods for the prevention, containment and removal of oil spills; (8) Water management and circulation studies; and (9) Studies of methods to minimize the visual impact of man-made structures in offshore or wetlands a as. b IIhe three Directors shall be provided with such informa- tion and technical assistance as may be necessary for them to moni- tor all research projects under this Section, and for them to recorre- mend such additional projects as they feel are necessary to evaluate actual or potential loss or damage caused by the construction and op- eration of deepwater port and related land-based facilities, and to assure that Louisiana's environment is protected. c - All information regarding any proposed research project shall be available to the public for inspection in the Authority's office for at least thirty days prior to approval of such research project by the Board of C=Tnissioners; to the extent possible, such information shall be mailed to all persons who have made t=ely re- quest of the Authority for advance notice of its consideration of such researdi projects. C WYM 7 COORDIRATION AND COOPERATION Section 1 - Statutory Authority a - Subsection J(6) of IRS 34:3113 states that the Protection Plan shall "(a] nalyze ongoing programs of the federal, State and lo- cal designed to protect the coastal environment and so as to insure that there is no unnecessary duplication of effort and to insure that cooperation and coordination of environmental protec- tion measures are aclueved. The opinion of all agencies with a re- sponsibility for monitoring the coastal environment shall be sought with regard to this Environnental Protection Plan prior to its pro- malgation, to determine if there are incompatibilities between spe- l/ Since the initial pramulgation of the Protection Plan, Congress has enacted the Deepwater Port Act wtach provides for the authcri- zation and regulation of the "location, ownership, construction and operation of deepwater ports in waters beyond the territorial limits of the United States." Hcrwever, there are 1presently no regulations pramulgated pursuant to that Act. Moreover, there exists the possi- bility that salt darLe cavities may represent feasible receptacles for oil storage, although the Authority does not have sufficient infomma- tion on salt-dane storage at this tune to enable it to evaluate the concept. Also, the Protection Plan is designed primarily to protect the environment with respect to stresses from an oil transfer facili- ty, although dry bulk transfer facilities may be developed in the fu- ture. Because prcmulgation of regulations under the Deepwater Port Act, use of salt-dmie storage, or development of dry bulk transfer facilities could affect provisions of the Protection Plan with re- spect to such matters as stresses, site selection, design, construc- ticn, operation, funding, and coordinat-ion, the Authority may subse- quently find it necessary to further amend the Protection Plan to in- clude appropriate provisions where such uncertainties presently exist. 7-2 cific provisions of this measure and requirements of other rules and regulations. b - RS 34:3116A states that "[ilt is the policy of this Act that the Authority Development Progrmn be pursued so that there is full coordination and cooperation between agencies and groups that have complementing or overlapping interests and the Authority. It is not the pol icy of this Act that the Authority Development Program be pursued independently and with a view toward r wrow, short term in- terests." c RS 34:3116B states "(t1he board of cCMnissTo ers shall take aff =mtive steps to fully coordinate all aspects of the Authority Development Program with the Louisiana Advisory Cmumssion on Coast- al and Marine Resources (Act No. 35 of 1971) or its successor group, which is charged with the development of a coastal zone management plan for the state." d - RS 34:3116C states that "[t1he board of camnissioners shall take affirmative steps to insure that the Authority Development Pro- gram, is coordinated into the planning programs of other mmies of tram- portation, to include rail, road, waterway, air and pipeline, so that there is a loncj texm and orderly pursuit of transportation services in the coastal zone which-are interrelated and coordinated so as:to achieve the most efficient and economical transportation program that is feasible and that will be least destructive of other values in the 7-3 state. e RS 34:3116D states that "[t]he board of ommissioners shall insure that the appropriate federal agencies which are required by federal law to plan or regulate tran sportation facilities or programs are consulted regularly and are fully involved in the Authority De- velogrent Program where appropriate. Section 2 - General Provisions a - Before arry rule or regulation of this Protection Plan is promulgated, the Authority shall seek conrcents; from all agencies hav- ing any jurisdiction over matters affected by the proposed rule or regulation, to determine if there are duplications or inconpatibil- ities between the proposal and the laws administered by the other agencies. b - The correspondence of the Authority directed to the inter- ested agencies and their response shall be maintained at the Author- ity's office for inspection by any interested person. c - The Authority's General Counsel sha-11 advise the Authority with respect to legal matters affecting its relations with other agen- cies. General Counsel will be responsible for ascertaining the juris- diction, interests, and responsibilities of federal, Stat e, and local agencies and advising the Authority with respect to the procedures to be used in the Authority's coordination and cocperation with sixh 7-4 agencies. Section 3 Federal Agencies a - The Deep Water Port Act charges the Department of Transpor- tation with the authority for the enforcement of that Act. The De- partient of Transportation is required to consult with the Secretary of the Army, the Secretary of State, the Secretary of Defense, and the Governors of adjacent coastal States, to dete3mune their views on the adequacy of the application and its effect on programs within their respective jurisdictions. (Sections 4(c)(8) and 4(c)(9)].@/ b - The Secretary of Transportation is also charged with con- sulting with the Secretary of the Interior and the Administrator of the National Oceanic and Atmospheric Acbunistration,, in prescribing regulations relating to those activities involved in site evaluation and preconstruction testing. (Section 5(d)]. Additionally, the fed- eral Act requires that re gulations issued thereunder provide for full consultation and cooperation with all other interested federal agen7- cies and departments and with any potentially-affected coastal State, and for consideration of the views of the interested nvirbers of the general public. (Section 5). c - The federal Act requires that the Secretary of Transporta- 2/ All citations a references to sections of the Deepwater Port Act. 7-5 tion. consult with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Chief of Engineers of the United States Anuy Corps of Engineers, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of any other federal departments or agencies having expertise or jur- isdiction over any aspect of construction or operation of the deep- water Ports. (Section 5(E)(1)]. d - The Secretary of Transportation is required to for@erd all applications to those federal agencies and departments with juris- diction over any aspect of ownership, construction or operation for camv--nt, review, or recannendation as to conditions. (Section 5 (E) (2)]. e - The Secretary of Transportation is also required to con- sult with the Administrator of the Environmental Protection Agency, the Administrator of the National Oceanic and Atrmspheric Adminis- tration and any other federal departments and agencies having juris- diction over any aspect of the construction or operation of deepwater ports in establishing environmental.review criteria. (Section 6). f - The federal Act provides that the Secretary of Transporta- tion shall consult with the Attorney General of the United States and the Federal Tcade Camrmssion concerning whether the issuance, trans- fer, or renewal of any license would adversely affect carpetition, restrain trade, pranote monopolization, or otherwise create a situa- 7-6 tion in contravention of the antitrust laws. (Section 7). g - Section 8 of the federal Art provides that deepwater port and storage facilities serviced directly by deepwater part shall be subject to regulation as a ccmmn carrier in accordance with the In- terstate Ccmrkerce Act, and consultation sba 11 be nude with that agen- cy - h - Tbe Secretary of Transportatlon shall also consultwith the Secretary of the Interior, the Secretary of Cam-erce, the Secretary of State, and the Secretary of Defense in designating a zone of ap- propriate size around and including any deepwater port for the pur- poses of navigational safety. (Section 10). i Section 11 of the federal Act provides that the Secretary Of State, after consultation with the Secretary of the Interior, may formulate, present, or support specific proposals in the United Na- tions and other competent international organizations for the develop- ment of appropriate international rules and regulations relative to the construction, ownership, and operation of deepwater ports. j - The Attorney General, in cooperation with the Secretary of Transportation, the Secretary of State, the Secretary of the Interior,, the Administrator of the Environmental Protection Agency, the Council on Enviromiental Quality, and the Administrative Council for the Uni- ted States, is directed to study methods and procedures for implement- 7-7 ing a unifom law providing liability for clean-up costs and damages fran oA spills fram. outer-continental shelf operations, deepwater ports, vessels, and other related sources. [Section 18(n)(1)]. k - section 21 of the federal Act provides that the Secretary of Transportation, in cooperation with the Secretary of the Interior, shall enforce and establish such standards and regulations as may be rx@cessary to assure the safe construction and operation of oil pipe- lines. 1 - The agencies and departments discussed above are those whose policies and activities would have most relevance to the environmental programs adopted by the Authority- However, coordination with other federal agencies which are concerne d with envirorniental matters may also be necessary. m - For further discussion of the various federal agencies with environmental duties, see the "Louisiana Superport Studies, Report No. 3, RecanTendations for the Environmental Protection Plan, " Lou- isiana State University Center for Wetland Resources, in which the following agencies are considered: 1 - Atanic Energy Cmrdssion; 2 - Bureau of Land Management (Department of the Interior); 3 - Bureau of Sport Fisheries and Wildlife (Department of the Interior); 4 - Council on Errvirormiental Quality; 5 - Environmental Protection Agency; 6 - Federal Maritime Ccnrdssion; 7 - Federal Power Ccmmission; 8 - Foreign Trade Zones Board; 7-8 9- Interstate ComTerce Carmission; 10 - Maritime Administration (Department of CcmTerce); 11 - National Bureau of Standards (Department of Cam-erce); 12 - National oceanic and Atmospheric Administration (Depart- ment of Camnerce); 13 - Office of Environmental Affairs (Department of State); 14 - office of Pipeline Safety (Department of Transporta- tion) ; 15 - u. S. Army Corps of Engineers (Department of Defense); 16 - U. S. Coast Guard (Department of Transportation) ; 1 17 - United states Geological Survey (Department of the In- terior) Section 4 - State Agencies a Louisiana Wild Life 'and Fisheries Ccmnission. The louisi,- ana Wild Life and Fisheries Commission is charged with the protection, conservation, and replenishment of all wildlife resources in the State of Louisiana. It has the responsibility for establishing and operat- ing game reserves and other wildlife sanctuaries, and has issued reg- ulations concerning the permissible uses of lands in those areas. The Commission closely monitors all dredging and pipeline activities con- ducted in state-owned marshlands and water bottoms, and conducts vari@ cus research and monitoring programs relating to the wildlife, vegeta- tion, and soils of the State, primarily in the coastal region. Final- ly, the Commission, through its Water Pollution Control Division, and in copperation with the Strearn Control Ccmnussion, constantly monitors the -levels of water pollution in the state of Louisiana, with partic- ular emphasis on the Louisiana coastal region. All phases of the Authority development program sha 11 be 7-9 closely coordinated with the Louisiana Wild Life and Fisheries Caa- mission. All research and monitoring programs conducted, or spon- sored, by the Authority shall also, be coardinated with the Commission.2-/ b - Department of Conservation. The Departnent of Conservation is authorized to pramlgate and enforce rules, regulations, and orders to conserve the mineral resources of the State and to prevent contami- nation of water resources of the State by mineral pollutants such as oil. pepartirent rules are enforced by the Department's inspection and enforcement section. Permits are required prior to disposal of waste a6cumulated in oil storage tanks'. The Department of Conserva- tion also requires that reports be made to it on all spills of oil in the State. The Autho rity shall consult with the Department of Conserva- tion. to insure that the design and construction of any onshore facil- ities under the Authority's jurisdiction meet the Department's permit criteria. Reporting procedures applicable to oil spills fram. facil- ities under the Authority's jurisdiction shall be designed so as to coaplement the reporting requirerrents of the Department of Conservation. 3/ It is anticipated that the Authority and the Louisiana Wild Life and Fisheries Cmmssion will enter Into a nmnrandun of under- standing or an inter-agency agreement, which sets forth the relation- ship between those agencies, with respect to the responsibilities es- tablished in its Protection Plan, including such matters as fundi ng, monitoring and research responsibilities. This agreement may become an appendix to this provision of the Protection Plan. 7-10 c - Department of Heal th. The Department of Health has been given jurisdiction over all waste disposal program in the State of louisiana, except that concerning industrial waste. The Authority shall consult with the Department of Health to insure that the facilities, designed to handle and treat sanitary and liquid wastes, and to handle and dispose of solid wastes, meet the approval of the Department of Health. d - Governor's Council on Environmental Quality. The Governor's Council on Environn"ental Quality serves as an environmental coordinat- ing body for State agencies, and as a clearing house for environmental t statenents prepared or reviewed by State agencies pursuant to the National Environmental Policy Act. All environmental impact statements prepared for facilities urxler the Authority's jurisdiction shall be referred to the Governor's Council on Envirormental Quality for comment. e - Stremn Control Ommiission of Louisiana. The louisiana Stream Control Ccamiission, by legislative act has jurisdiction, including pex:mit, approval, over industrial effluent discharges into State water bodies. The Louisiana Stream Control Cammission also has primary jur- isdiction in the enforcement of federal-state water quality criteria. Rules and regulations governing discharges of industrial waste into waters of the State are issued and promulgated by the Stream Control Cmnission and enforcement of such rules and regulations is vested in the Division of Water Pollution Control, Louisiana Wild Life and Fisheries CamAssion. r I'm Authority shall consult with the Stream Control Ccards- sion to insure that all effluents discharged into the waters of the State cariply with the standards established by that agency and that the necessary discharge permits are obtained. f - Air Control Carmission of the State of Louisiana. The Lou- isiana Air Control Ctardssion is the official State air control agen- cy. The Air Control section of the Louisiana Depaxtment of Heal 1-b provides support in the form of enforcement, surveillance, and in- spection for any activities of the Air Control Commission. The Authority shall consult with the Air Control Cmumssion to insure that all emission of air pollutants in the State carply with the standards of that agency. g - office of State Planning. The Authority shall take affir- mat-ive steps to fully coordinate all aspects of the Authority develop- ment program with the Louisiana Office of State Planning which is charged with the development of land use planning program for the state. h - The Authority is required to take affirmative steps to co- ordinate fully all aspects of the Authority development program with the Louisiana Advisory Camussion on Coastal and Miarine, Resources or 7-12 its successor group, which is charged with the development of a coas- tal zone management plan for the State. [RS 34:3114 (B)]. The Au- thority recognizes the reed for, and shall encourage the adoption of appropriate coastal zone management legislation within the State. Pending adoption. of such legislation, the Authority shall consider dated September 15, 1973) as the Report of the Advisory Cmmttee C I an environmeental objective of the State, warranting consideration in the Authority's regulation and coordination of the Authority devel- oprtent. program. i - Other State agencies may have to be contacted with respect to environmental matters within their juriscliction. For further con- sideration of the varicus State agencies which may be involved, see the "Louisiana Superport Studies, Report Number 3, Recamiendations for the Enviromental Protection Plan, " in which the duties of the following agencies are discussed: 1 - Air Control Commission of the State of Louisiana; 2 - Louisiana Coastal Commission; 3 - Department of Ccrmerce and Industry; 4 - Department of Conservation; 5 - Department of Health; 6 - Department of Public Works; 7 - Louisiana Wild Life and Fisheries Commission; 8 - Environnental Protection Section (Office of the Attorney General) ; 9 - Governor's Council on Envirormiental Quality and Citizens Advisory Board; 10- Louisiana Advisory Cmrnission on Coastal and Marine Re- sources; 11- Stream Control Cmrdssim of Louisiana; 12- State Land Office; 7-13 13 - State Mineral Board; 14 - State Parks and Recreation Carraission; 15 - Office of State Planning. j - The following local agencies are also discussed in the Re- port of the Louisiana State Un iversity Center for Wetland Resources on the Protection Plan: 1 - Greater Lafourche Port Cam-Lission; 2 - Greater Jefferson Port Ccmnission; 3 - Terrebone Port Cam'Lission; 4 - Greater Baton Rouge Port Cannission; 5 - Lake Charles Harbor and Terminal District; 6 - Board of Cannissioners of the Port of New Orleans; 7 - South Louisiana Port Camiission; 8 - Levee Boards; 9 - Municipalities; 10 Pipeline Ccopanies; 11 Planning Camussions; 12 Police Juries; 13 Public Service Ccmmission; 14 Regional Planning Ommissions; 15 Zoning Camlissions. k - The Authority shall consult regularly with the governing bodies of the parishes and nmnicipaliti es affected by th e Authority developre nt program. CHAPTER 8 CCNSTIUCI!ICN AND EFFECT a - The Act shall govern all rules and regulations of this Pro- tection Plan, and the Authority shall have all paiaer conferred by that Act. b - If any provision of this Protection Plan shall be found to be inconsistent with federal law, or with a provision of the Louisiana Constitution or a Louisiana statute, the conflicting provision of these rules and regulations is hereby declared to be inoperative solely to the extent of such conflict. c - If any provision of this Protection Plan or the application thereof is held invalid, such invalidity shal I not affect other pro- visions, items, or applications'of the Protection Plan which can be given effect without the invalid provisions, items, or applications, and to that end the provisions of this Protection Plan are hereby de- clared severable. d - These rules and regulations shall take effect upon their approval by the Board of CcmmLissioners and filing with the Division of Administration, pursuant to the provisions of the General Rules and Regulations of the Offshore Tenninal Authority and the Louisiana Administrative Procedure Act (La. RS 49:951 et seq.). NAVIGATION AND SHIPPING 34:3101 CHAPTER 35. OF SHORE TERMINAL AUTHORITY [NEW] Sec. sec., 310L qQbqJ t ros of power- 3103. Acqu3100 of sites. lease of qDefIqII4q& vu 3102. s. state owned land and water 310. qSuridiction; domicile.- bottoms. 3104. Board of commissioners; qull- 3109. Powers. f Ictlons; selection; terms; 3110. Protection of deewater parts. vacancies-, compensation. 3111. Public contracts 10 Duties of board; ofticers; rules; 3 Bonds: procedure or ssuancL . meetings: Quorum. 3113. Environmental protection plan. 30q0. Annual reports: revenues dedi- 3114. Tssuance and t fer of licenses. cated to authority: revenue 3115. Remedies and enforcement- surplus audit; central listing 216. Coordination and cooperation. of employees and Investment of Idle funds. -3107. qF-vecutive director-. selection;, duties; employees; compensa- tion. � 3101. Oblact; purpose of chaptar A. It I.R tqhe object and purpose of this. chapter to provide for the cre- ation of a political subdivision of the state of Louisiana, possessing full cor- PorRte Powers,* known as the Offshore Terminal -Authority, hereinafter re- forred to as the "authority". -to promote, plan, finance, develop. constructq@ control, license, reguql8qme, supervise, operate, manage, maintain and/or modify offshore terminal facilities- within the jurisdiction of said authority qI.or- der to promote the economic welfare of its citizens. It Is hereby declared to be In tqhe public Interest that this offsqbore'terudnal authority be created as a P611tqicaql subdivision of the state of Louisiana. q1q3 It Is further the object and purpose of this chapter' q(1q) To promote. the economic and Industrial well being of the state of Louisiana and international trade for the state of Louisiana, Its qbdIqIqlon and the area served by the qIqllssqisspqi. River and Its tributaries;' 2. To promote the Industrial and petrochemical basef the q31qissqisqippi Valley region of the United States by providing adequate d-ep draft port facilities for the handling, of tqhe cargoes of deep draft vessels;* (3) TO promote, in addition to ort operations,* scientific and all. 'other uses directly related to the offshore terminal facilities which shall be in the pub- lqiqIaterest; (4) To accommodate and plan for .tqhe technological Innovations ocuTring In the worldwide and domestic shipping Industry to increase efficiency and -the flow of commerce through the offsqhoreterminal facilities;- 5. To protect- values and LouisqlanqWs -unique coastal marsh- land ecosystem through the adoption of an environmental protection plan (q6) To -assert and protect Louisiana's economic. social and environmental Interests In the development of any offshore terminal facilities outsde.tqbe state of. Louisiana . where- such -development may-have an Impact -upon the stte,oqfoolsqia na- (7) To create a Political subdivision of the state of Louisiana. The fune tqIons exercised by the board empowered herein shall be deemed to be qgov ernmental. functions of the state of Louisiana; 4q(Sq) To assure that the authority shall qnot be required to 8qPaqY qa6qn0qy taxes or assessments on any property acquired or u6qm8qd by 8qit under the provisions of thqiqa chapter or upon the income therefro0q= Amy bonds Issued hr2qeqnuder shall be serviced from the income of said facility and shall be exempt from taqxaq- don by, the state of Louisiana, and by any municipal or political subdivision of tqhe state. Added b4qy Acts 1972q, No. 444, 1 L Amended by Acts 1974, No. 2qW8q. Llbqrqary references Navigable Waters 0qeq-q-q*148q(2). 0qC.qJq.q& Navigable Waters 1 q10q7. 34:3102 NAVIGATION AND SHIPPING 53102. Definitions For the purposes of this chapter, the following definitions shall apply: (1) "Offshore terminal facilities" means a structure, a series of structures, or facility of any type emplaced within the coastal waters of Louisiana or seaward thereof and designed to accommodate the cargoes or passengers of deep draft vessels whose draft Is greater than the depths of typical inland harbors and waterways, commonly used -by ocean going traffic during the first half of the twentieth century, Including all pipelines, structures, and fa- cillUes directly related thereto. and necessary or useful to the operation there- of whether landward or seaward of the main structure or facility Itself. (2) "Authority development program" means all the phases of growth and development through which the conceipt of offshore terminal facilities may go, Including but not limited to promoting the concept, raising funds to sup- port the program, planning uses of the facilities, selecting sites far'tbe fa- cilities, designing the structures, construction or regulating the construe- tion, of facilities;- operating and maintaining or regulating the-operation and-- maintenance of the facilities, expanding or renovating or regulating the ex- pansion or renovation of the facilities, modification and retirement or regu- lating the modification and retirement of the facilitim and any other pbsk through which authority development may proceed. (3) "Environmental protection plan" means a written document, prepared In conformity with this law, which shall be a regulation of the'offshore ter- minal authority which establishes those steps to be followed to insure the protection of the environment throughout all phases of the authority develop- ment program and which shall be applicable to any offshore terminal far cWtIes within the jurisdiction of the authority. (4) "Three deepwater ports" means the board of dommJssioners of the Port of New Orleans, the Greater Baton Rouge Port Commission and the Lake Charles Harbor and Terminal District. (5) "Three directors" means the director of the Louislana..-Wildlife -and Fisheries Commission, the director of the Louisiana State University Center for Wetland Resources and the executive director as created berehL (6) "Person" means any Individual, partnership, corporation, association, governmental subdivision, or public or private organization of any char- acter, other than the authority. . I (7) "Coastal- waters . of Louisiana" 7means those 'watersz extending - threer -nautical miles from the coastline, or beyond.to the extent of the Jurisdiction' of the State of Louisiana. Nothing contained herein shall be construed to affect Louislana!s claim to Its tidelands or the location of Louisiana's coastline as Interpreted by the State of Louisiana. Added by Acts IM No. 444, 1 L Amended by Acts 1974, No. MA 13. Library references Navigable Watem (S=14(2). C.J.S. Na;vigable Waters j 17. 23103. Jurisdiction; domicile A. The authority shall have exclusive jurisdiction over the authority de- velopment program within the coastal waters of Louisiana, the areas of the state extending seaward thereof to the extent of the staWa rights thereto, and over such other wateM water bottoms, wetlands and lands ,within the territorial boundaries of the state necessary to effectuate the purposes of this chapter. The Juristliction of the authority shall not include or extend to the taking. control, regulation, licensing or operation of existing, proposed or fu- ture facilities of existing port authoritiesor port harbor and terminal dIs- tricts; except by mutual agreement IEL The authority shall have the right to acquire by permit, lease, sub- lease, license, gran4 purchase, or otherwise, water bottoms, wetlands, and. lan4 Inside and outside of the territorial limits of the state of Louisiana, 122 NAVIGATION AND SHIPPING 34:3105 for the construction, operation and maintenance of the facilities functionally required. related, -necessary or useful to the authorqitqy-developmeqnt program. , C. The authority shall have exclusive power to own, operate, license or otherwise regulate aqlql offshore terminal facilities within Its jurisdiction. D. The domicile of the authority hall be In the city of New Orleans. Added by Acts I4qM No. 42q% 1. Amended by Acts 1974, No. 30q%, - qJ 4. Library references Navigable Waters (qtq=14(2). C.qJ.S. Navigable Waters I qM 3104. Board of commissioners;. quaqlqlqfqlc*atqlon;'selec.tqlonq;terms; qvacan- CIOq;. COMqP9113atlon A. The authority shall be governed by a board of commissioners consisting of nine members chosen on the basis of their demonstrated experience In. civic leadership and their, stature aqd ability to act effectively for the best inter- ests of Louisiana. B. Aqlql commissioners shall be appointed by the qgovernor@ Two shall be selected from a list of nominees submitted by Louisiana's three deeqpqwater ports, with each deepwater port recommending two nominees. Two shall be selected from each of the three Public* Service Commission Districts in the state of Louisiana. .One of tqhe -members selected from tqbe-tqhree Public Service Commission Districts shall- be selected for qhqis primary interest In protecting the unique coastal environment of Louisiana. One member shall. be selected from the state at large. Once a final determination Is made a to the location of the offshore ter- 6qmqinal, the first vacancy occurring on the board from the.Public Service Com- mission District In which, or offshore from 8q*qbqlch, the offshore terminal Is to be located, shall be filled by appointment of a resident oqf a parish In which, or o6qf6qfsqhqreLqXroin- whqIcb,_qtbe offshore terminal is to be located. This aqp- pointment shall be-rom a. lql@t_of three n unes to be submitted by the gov- eraing - authority- of the'-qpqiqisqtqi-8qT- wh2qwq4@qvr oqt0qbhorefroqm-whlcqh,@tqhe. off- shore terminal Is to be located. if the offshore terminal Is located in, or off- shore from, more than one parish, then the governing authority of each such parish shaqil suqbmqit'toq-tqhe governor a list of three names and from the lstsq_-mx submitted tbA-_qgover:nr-qhA1 el said -appointee. @. 6qQ 2qEa8qN-of then the commissioners. sballqierve-qmfqivqew. year .qterj8q%- -except the Initial appointees. A commissioner may @ not serve more then two consecutive five year terms an the board of commissioners., The first nine appointments shall be for terms of one member for one year, tqwO for two years. two for three years, two for four years, and tqwo for five years. The governor shall exercise -his--dqiscretion as to which nominees to appoint to the Initial shortened terms., Thereafter, all commissioners aqP Pointed as herein provided shall serve five year terqMS.2p2p . D. An vacancies shall be filled for the unexpired term In the same qmazt- er as the appointment originally made. except as herein provided. A: com- qmqissqiner may be removed by the governor for just cause. ...E . The members of the board of commissioners sb4qU serve without coqmt qpesatqio. but shall be reimbursed for travel expenses incurred In attending meetings at rates and standards as promulgated by tqhe American Automobile Association or a comparable recognized standard. Added 8qbqy Acts 190q7q0. No. 448q4q. 8qJ L Amended by Acts q1q4q18q4T4, q1q40. 2q34q32q8q, 4q1 5. Library references Navigable Waters q(0qt4q=14(20q)* C.qJq.S. Navigable Waters 1 q1q7. 4q13105. Duties of board; officers; rules; meetings; quorum A- The board of commissioners shall be the governing body of - the au- thority with fail power to promulgate rules . and regulations for the main- teqviqaqnce and operation of said authority. q.123 34:3105 NAVIGATION AND SHIPPING 2qR The board of commissioners shall qbe a governing body of laymen. It shall formulate general policy. ' It shall decide upon all matter relating to the authority development program. It shall adopt an annual operating and, capital budget 0qQ The commissioners shall elect a president annually from among them- selveq& 6qD. The executive director, as chosen by the commissioners, shall be the secretary of the board. 6qM The board of commissioners shall prescribe Its own rules, which shall be adopted and promulgated In accordance with law. A The board of commissioners shall meet at least once every sixty days or upon the written request of three members, or upon the written request of the president 0q0. All matters to be acted upon by the board of ciommqissloneqi-i stall re- quire the affirmative vote of at lea'st five commissioners, with the'exceptqIq64 that the affirmative vote of not less than six commqissqi.oners shall be required to select the executive director. Added by Acts 1972,.No. 444i q1 L 3q102q&-- Annual reports;- revenues dedicated to authority; revenue surplus audit; central listing of employees and Investment of Idle funds A. The board of commissioners shall make an annual report to tqhe gov- ernor showing all receqlpts.and disbursements of the board; the number of arrivals and departures of vessels and their tonnage; the exports and im- ports passing through tqhe -authority-, the general condition of the authority and Its structures, facilities and other properties; and make such req;commen- datqions for Its development; welfare and management as may seem advisable. IqL All revenues generated by the authority are hereby dedicated to the" authority to be used to further the purpose of this chapter subject to the 1q1mqita- tqions-stated herein. 6qAny qyevenues of the authority derived from any source whatsoever re- -aininqg at the end of each fiscal year@ after the paymq6qfqit-.qiqind sqAqIsfdqetqion of all Obligations of ther authority under 4the terms of any resolutloqn-or-reso-_ luqtqions authorizing the Issuance of bonds hereunder, and after paying- all expenses of operating and maintaining the authority, proviqdqln,- for renewal or replacement thereof, providing adequate reserves for continuous operation of the authAqItqyi providing forthe acquisition- or construction of Improvements to such facilqiqdes-a -tqhqd- puebkqwf--equqipment-and-f-unisqbings--tberefor, shall be considered as surplus. Said surplus shall be turned over to the gen- eral fund of the State of Louisiana for the use and benefit of its citizens. 0qM The fiscal affairs of the authority shall not be subject In any respect, to the authority, control or supervision of any regulating body of the state or anqy political subdivision thereof, but Its books and record shall be subject to audit annually by the legislative auditor and Its employees shall be listed on the central listing of state employees and It shall invest Its Idle funds in accordance with the Investment of Idle Fnds Act and It shall be subject to the provisions of the Code of Ethics. Added by Acts 1972, No. 444, q1 L 1 3107.Executive director;- selection; duties; amp[ oyees; compensation A. The board' of commissioners shall select an executive director who shall exer8qdse all control over alql executive functions and the general opera- tion of the authority. The executive director shall serve at the pleasure of the board. All employees of tqhe authority shall be req-pnsible to the execu- tive director who shall organize the personnel empqlqoyqe(0qi by the ant4qhorqit4qy in the most efficient inqanner to accomplish the purposes o4ql the authority as pqiqrov0qided In this chapter and by regulations established by the authority's board. :B. The executive director, in addition to 8qhqis usual functions, shall be see- retqeqa7 to the board of coma0qi8qlsa4qloqnem The board of commissioners shall fix the compensation of the executive director. 124 NAVIGATION AND SHIPPING 34-2q312q69- 0qQ Within six months 'after operation of tqhe port authority ba-s commenced. the executive director, with the advice and consent of the board of commis- sioners of the port authority, shall submit a plan of classified civil service .,for aqlql employees of the authority except the board of commissioners, the executive director, an assistant executive director, an executive secretary to the executive director, and professional employees hired on a contract basis. Added by Acts 1972, No. 44q4, 1 L q� 3106q& Acquqisqitqloo of 3q1tes; lease of state owned lands. and water bottoms A. To, enable the authority to perform tqhe work herein provided, the state of Lonqisqlan, acting by and through the register of state lands, Is hereby au- thorized, empowered and directed to grant to the authority a lease on state owned lands and writer bottoms which are selected by the authority as sites for offshore terminal facilities; provided, however, that tqhe mineral rights on any and aqlql state lands shall be reserved to the state of Louisiana. . Iqdpon receipt of a request from the governing body of tqhe authority de- scribing the lands to be leased by the authority, it Is hereby made the man- datorqy duty of the register of state lands to -Issue a certificate of title evi-@ dencqing the.leqw of the land to the authority as described in the requesqL B. The register of state lands shall lease the selected tracts to the au- thority for five dollars per acre per annum. 0qQ @ All- such leases shall be for a term of forty years, but ithe legislature may reevaluate the rental payments upward or downward to reflect changing eeonomqle conditions.q1 _ D. All proceeds -aisin.- from the transfer of such leases of sq6Lqie owned lands and water bottoms shall be paid by the authority to the state treasurer and"sball become part qPf the. general fund of the state. of Louisiana. q1q4othqing qIn thqlqi chapter Is intended to authorize the au thortqy to lease state owned lands and water bottoms for the exploration, development and production - of oil, gas, sulphur or other- minerals or. for the cultivation or- production of marine resources or detract from the authorqltq3q@ of the State 3Tineral Board-and/ Commission. to lease or Louisiana Wildlife aqnd Fisheries for such qOurpoeq&- However, tracts once leased to the authority may not be leased- by the State q3q11neralBoard- or the-4qLouqlqiansk. Wildlife and Fisheries Commission without the express consent of the authority, unless It can, be shown by the state mineral board -or the Louisiana qMqIqldlfe-and qFIsheries Commission, qby clear and convincing evidence, that such leasqi or. leases will qnot adveselqy affect.present or future authority opelatqious.. Added 4qVy Meta 7q12qM.8qMr. 444 f -q1@q7-qAzended by-Acts 19q74,8qNo, q3q58j- qJ-q4- q1 3109.' Powers A. the authority sba U be qimpowered to do. any' and qaqll things necessary or proper to carry out the purposes of tqhis chapter, including but. not qlqiqm- Ited to the following, (q1) To maqirie such Investigations and qtonduct such' qlnvetqiqgtorq7 and ad- Judicatory hearings, by. Itself or through its executive director, or any per- sort appointed by the authorqity.for that. purpose, to develop such facts as may be necessarq7 to assist in assuring compliance with.the purposes of tqhqis qbapte4qT and.-the. rules,. regulations, and orders of the authority. (2) To enter, at aqlql reasonable times, In. or upon any private or public property for the p@irqpose of inspecting or Investigating conditions In order to ascertain the state of compliance with this chapter and the rules, regulations. and orders of the authority. q'8q(8q3) To 4qinqspe12qM at qreqwqsonqable times, relevant records, files, papers, processes, controls, operations, aqjuql facilities for the purpose of ascertaining the state of compliance with this chapter and the ru4qles00qVilqationqs, and orders of the Authority. (4) To take such actions, promulgate such rules and regulations, 0qaqnd Issue such order.% as necessary or appropriate to carry-out the provisions of this chapter. 125 34:3109 NAVIGATION AND SHIPPING (55) To institute in courts of competent jurisdiction legal proceedings to cornqpel, compliance with any order entered by the authority. or with this chapter or the authority's rules and regulations. (6) To Issue licenses, certificates, and permits for tqhe construction of fa- cilities or use of services or facilities subject to the autboriqtqy's qjurlsdic tqion, pursuant to rules and regulations: promulgated by the autqhorqlty (7) To transfer. pursuant to rules and regulations promulgated by the au- thority, rights of the authority under any license, certqiqfqIcate, permit, or other authorization granted to the authority. (8) To fqix reasonabli and just rates, fares, tolls or charges qfor the ser- lees anqd facilities within the authority's jurisdiction. (9) To employ such engineers, ftecountants,, attorneys, other professionals. employee& and agents as may be necessxy and advisable, And to fix their compensation on a contrac or other appropriate basqt. B. To assert LouqlsqianqWs Interest In any offshore terminal facilities de- velopment In proximity to the Louisiana coast, the authority Is empowered to negotiate with and enter Into contracts, compacts or other agreements with agencies, bureaus or other divisions of tqhe federal government. or other states of the United States concerning the authority development program, Including jurisdictional aspects of the location of the offshore terminal far cilqlty@ sharing of revenues derived from the operation of the offshore ter- minal facilitqiqM and promulgation and enforcement of regulations governing authority operations.. a The authority Is qgrted all powers capable of being delegated by the legislature. under Article XIV, Section 3q1 of the constitution of the state. Including but not limited to authority: (1) To own, construcqtq@ operate, maintaln and lease docks, wharves, sheds. elevators, pipelines, pumping stations and faqilqitlestorage facilities. housing and food facilities, heliport, locks, slips, laterals, basins, -warehouses and aqlql otli6qkpipertqy structures, equipment and facilities, Including belt and con- neg lines of railroads and works of public Improvement necessary or use- ful for the authority development program. 2 To dredge and maintain qhqipwaqy8q% channels, slips, basins and turning basin& To establish, operate and maintain In cooperation with the federal gov- ernment,- the State - of-Louisiana - and Its various - agencqies,-subdqivisqions and publqie bddqresq@avqtgqbriq@8qWqf4qtrqwa0qy systeqw 4. To acquire by expropriation any real property in fee, 1q6;avqing the owner- ship of any miners" or mineral rights In the former owners, and the prescrip- tion of nonse shall not run against said minerals or mineral rights. In the event of expropriation, the compensation to be paid shall be the actual market value of the property at the time of takqinqX In the event of the acquisition of a servitude, or use of any stateowned waterbottoms on which there qhas been granted an oyster lease by the Louisiana Wildlife and Fisheries Commission, the private oyster lessee shall be reimbursed by the authority for the actual market value of said lesso- q(5q)-To borroqr from any person or corporation using or renting any land or dock or warehouse or any facility of the authority such sums as shall be necessary to Improve the same according t9 plans and specifications approved by the authorqI4qM and to erect and construct such Jmprovement@ and agree that the loan therefor shall be liquidated by deducting from the renq4 dock, qwbarqt or toll charges payable for such property, a percentage thereof to be agreed on, subject, however, to any covenants or agreements made with the holders of revenue bonds issued under the 2utbr4qit0qy set forth In qIL4qS. q34:3112. To collect tolls and feeq!qL 2qT. To borrow funds for the business of the authority. To select an official journal. for the publication of the official acts of the authority. . q9. To mortgage properties constructed or acquired by said authority and to mortgage and pledge any lease or leases and tqhe rents@ Income and otqer 126 qtq4AVIGATION AND SHIPPING 34:3111 advantages arising out of any lease or leases granted,. assigned or subleased by the authority. D. Tqhe authority is hereby empowered"to take all necessary steps to pro- tect Louisiana's unique coastal environment from any short-term or long-term damage or harm which might occur from any aspect of the authority develop- menqt program Ek' The authority may contract with any agency, public or private, to pro- vqide for public utilities on such terms as tire agreed upon by the authority and the respective utilities for the financing, construction and extension of sewerage, water. drainage, electricit8qn gas and other necessary public utqa- qitqies. In and through said development IF. Said authority may lease or sublease lands leased from qtqhe State of Louisiana and Is authorized tqo negotiate and 'enter contracts or agreeqmentqi with. any. public -or prIva6qW-qIndqlvqtqdP_aq4_ or.2pporatqion, for the construction and ..Operation of a petroleum 'terminal as an Interstate common carrier. G. The authority sball'bave. exclusive and plenary power to issue Il- cenqie0q@ certificates and permits, and: otherwise regulate aqlql pq@ases of the construction and operation by any person of offshore terminal facilities with- in the jurisdiction of the authority. Nothing In this Chapter shall be con- strued to relieve, exempt or Immunize- any person, Including the authority,. fr6qm any environmental or safety requirement or regulation of a local gov- ernmental subdivision. Added by Acts q2q9q72, 8qNjo. 444, q1 2qL Amended by Acts q197q4, No. qM. if 2, qT. q2 3110. Protecqtlon of depwat.or ports A.- To prevent impairment of the bonds of the three - deepwater ports which are backed by the full faqltqb and creqdItof the state, and to recognize the existing authority of and functions performed by tqhe established ports and harbors ofLoqiquqlqian2qk qit-qIsheeqbqy recognized that the function', Dower and authority oi-the various exqistqingport authorities established pursuant to Artie'le 14q; - Section- -327-qoqf-ther; Louisiana Constitution and others. established- by -specific constitutional provision are not to be diminished. by tqhe qjuris- diction -and powers - exercised. by.- the authority except as provided ill this chaDter. q13. ;1p- authority 'may -enter Into Intergovernmental contract agreements qwitqh-exq! ,sting-:port- authorqltqies@qindqLyqidually@@or@wqith -any otber-parislq4 eity*@ municipality or subdivision of the stite, and may engage jointly in the-exer- cise of any power, the making of any Improvements which each of the par- 'qtqicqiqDatqinqg authorities may exercise or undertake Individually under6 any pro- vision of general or special law. 2qQ qTqle autqhorqI6qM in estabqlqisqbqinqg'or enacting qIts rates and 'charges for bulk car6qjo shall consider the overall economic Impact an the economy of the three deepwater port3, and Its charges and rates shall be compensatory. D. The authority shall not eD8qpgL% In the handling of break bulk or general cargo without the prior written agreement of the three'deepwter ports. which agreement, among other provisions, way provide for use of existing port.., facilities, rates, wharfage fees and other matters of mutual Interest Added by Acts I6qM No. 444, qj L Amended by Acts 1974, No. qMq!, q19 � 3111. Pubqlqiqd'cantraqi2qU- A. All public works. exceeding the sum of ten thoq6qsaqnd dollars, including both labor and materials, to be performed by the authority shall be.governed by 4qIL4qS. 38:2211, et qsqeqq. However, t0qhis provision shall not apply ju cases of ex- treme public emer4qgqpqncyq,q. where the authority 0qhq3qtqs qcqert0qi0qf4qlqed auch public qemer- genqc0qyq. but in such case notice of such public emergency shall be published in the official journal of the authority within ten days thereofq. Bq. Where the authority deems it advisable and. In -the public Interest to purqelha e machinery, equipment or vehicles of, certain makes, kinds or types, the advertisement may, specify the makes, kinds or types and, after the adver- 127 34:3111 NAVIGATION AND SHIPPING tisqing, the authority may purchase those makes, kinds or types, but they shall not pay moq;e than tqhe actual market price for tqhe machinery, equipment or vehicles. Added by Acts q1q9q7q2, No. 444, q1 2qL q2 3112. Bonds; procedure for Issuance, A. The authority is hereby authorized to incur debt and Issue bonds for Its needs In the manner herein provided. B. The authority Is granted the power to Incur debt and issue bonds by any of the means authorized- by the constitution and laws of tqhe State'of Louisi- ana, Including but without limiting the generality of the foregoing Article XI4qV, section 4qM, and Article XIV, section 1, and paragraphs (b.2) and (b.q3) of the-Louisiana Constitution. 2qQ *Any revenue producing qwqbarlq@ do-eqk, wrebous,. elevator, Industrial facility or other structure owned by or to be acquired by the authority. from proceeds qoqi bonds Issued by it Is hereby declared to be a revenue producing public utility as that term is used and defined by the constitution and laws of tqhe state in connection wqitlqi *the Issuance of revenue bonds of political sub- divisions of the state. D. As an additional grant of authority beyond other provisions of the con- stqiqtutqion, the authority ql'authorqizeqd, with the approval of the state bond and tax board, to Issue negotiable bonds for.any purpose within their delegated authority, and to pledge for the payment of the principal qitnd interest of such negotiable bonds'tbe income and revenues derived or to be derived from tqhe Properties and facilities maintained and operated by tqhem or received by. the authority from other- sources. 2qM. Such negotiable bonds.maqy be further secured by a conventional mort- gage upon any or all of the property constructed or. acquired, or to be con- structed or acquired by tbem. 4qr.4qf4qfo furthur--secure-such negotiable bonds tqhe authority may apply In whole- or 4qpart_anymqoneqX re4q"Iyed-qby giftq@pppp, -donation or otherwise from the United States, the Statqe'-of Latqlqiana.-or any political subdivision-- there- of. unless otherwise provided by terms of the giftq@ devise, donation or similar grant. G. Such bonds shall be authorized by a resolution of the board of com- mqlssqiners-f -the authoritqy-.and shall. be sucqhRqIe@S_,__)q)eqV such.qdate or dates, mature -at such time orqAqlmes"not exceedqIng forty years from tqheir-re-. spectqive dates, bear Interest at such rate or rates per annum, payable at such time or times, be In such denominations, be In such form either coupon or registered without coupons. carrying such registration and exchange- ability privilege, be payable In such medium of payment and at such place or places, be subject to such terms of redemption not exceeding one hundred five percent of the principal amount thereof, imd be entitled to such priority on the revenues of the authority as such resolution or resolutions may provide. The bonds 3ball be signed by such officers as the authority sbaU determine, and coupon bonds shall have attached thereto interest coupons bearing the qfaeqfqmilw signatures of such officer or officers- of the authority as it shall designate. Any such bonds may be issued and delivered,. notwithstanding that one or more of the officers signing such bonds or the officers whose facsimile signature or signatures may be upon the coupons shall have ceased to be such officer or officers at the time such bonds shall actually have been dellveredqL Said bonds shall be sold for not less than. par and accrued Interest to t4qhe bJghest bidder at a public sale after advertisement by the authority at 8qleqsu;t seven days in advance of the date of sale, 4qIqn newspapers or financial journals published sit-such places as the-ant0qhqur4q!qLq7- may determine, -reserving to the authority the right to reject any and qa4qlql bids and to reqadvertiqse for b4qJ8qdq& If, after adqvert4qiss-0qment: as bereinqabove provided, no bids are received, or If such bids as are received are 'considered in. the discretion of the board Of Commissioners of the authority to be unsatisfactory, then and in that event the board of commissioners may publicly negotiate for the sale of such bonds -without further advertisement. No Proceedings in respect to the issuance of .q.6q156q28 NAVIGATION AND SHIPPING 34:3113 any sucqh@qbonds shall be necessary except such 23 are' contemplated by this section. EqL ror a period of thirty days from the date of publication of the resolu- qU011 authorizing the Issuance of bonds hereunder, any persons in interest shall have the right to contest the. legality of the resolution and the legality of tqhe bond Issue for any cause after which tqIme no one shall have any cause or right of action to contest the legality of said resolution or of the bonds authorized thereby for any cause whatsoever.' If no suit, action or.proceed- Ing qis begun contesting the validity of the bond Issue within the thirty days herein prescribeqd@ the authority to issue the bonds and to provide for the payment thereof, and the qleqgallty thereof and all of the provisions of tqhe reso- lutqioqn authorizing tqhe Issuance of the bonds shall be conclusively presumed. and no court shall have authority to Inquire Into such matters.. L Such bonds. shall- have all the qualities of negotiable Instruments under the law merchant and tqhe 8qNeqgotqlable Instruments Law of the State of Louqisql- ana, and shall be exempt from income and all other taxation of the State of LouqlsiangL qJ. -No bonds as herein *described shall be authorized, Issued or sold except in accordance- with specific authorizations -hereafter granted by the legislature for each Issue. Added by Acts 1972, No. 444, qJ.0qL 3113. Environmental protection plan A. * Throughout all aspects of the authority. development program there shall qbqe In existence aq:n i4qMvqironmental protection plan, tqhe details of 8q*qhicqh shall be followed In all respects by tqhe- executive director In. carrying out, any aspect of the authority' development qprograrn. The environmental pro- tection plan shall be applicable to all offshore terminal facilities within the jurisdiction of the authority, q14q4 The environmental protection plan shall q1@e *formulated by the three directors, as herein- defqlnedwqitqh-the. advice.and consent-oqf-thejq1jQa1Zd.oqX corn- inissqiners of the authority- 8qX - rotetqion plan'sball'be-proirulgated by the-execu- C. 4qTqhqe@8qUql4qf4qfn0qf0qtfqienqa qp tive director under the rule-making procedures of the Louisiana Adminqistra- tqive-Procedure:qAct of-MS. 49:951-4q9-q96q6, D 'The environmental protection plan shall be promulgated within qwrea- sonable time after -the. appqqqitvqk@pqjt_:of the executive director, qWt In no event- more tqbs8q& eqljqbteen 0qm6qfqiqthqs after. thie effe2qf2qfeqFdiqite8qWqtqbqU cqhPterli. A-aldtqing executive director or a temporry executive director inay fulfill this function If 2.permanent executive director Is not as yet appointed.' E The environmental protection plan may be amended at any time In ac- cordance with the provisions of the Louisiana Administrative Procedure Act, to reflect changes In the authority development prograrn. Initiation for changes may come from any of the three directors or any Interested pesoL' 4qF In preparing the envqironmentar protection plan, or any amendment thereto, at- any time during the authority development program, the three dqi- rector'shaqU make every effort to reach a consensus. - If they are, unable to agree, each shall proffer his proposed qivirofimental protection plan and pre- sent It to the boaxd of corn-is oners for Its consideration. Each of the three directors- shall present detailed, comments to the. board of commqisslone4qm with recommendations as to the best environmental protection plan. After receiv Ing 2ndq'qstudyqin0qg the recoqrqamendqa@tqlonqs, the board of commissioners shall.deq- qcide which plan or combination of plans shall be adopted and protqauqlq.q-qAtedq. q- Gq. The environmental protection plan shall be an Integral part of the au- thority development program - Costs 8qinqcurred'tqo develop the initial plqanq@ or any amendments to It, shall be considered an Internal cost of the authority development program and shall be considered 2qi cost to the same extent tqhat economic. engineering, or promotional programs are considered qcoqstL The thqrqPe directors shall agree on t0qhe appropriate level of funding for tqhe de- ve4qlqOp8qing of the authority envqiron0qm ntal protection plan, prepare any amend- 6qn LqSAq-XqS.--9 129 2974 P.P. 34:3113 NAVIGATION AND SHIj?PING: meats thereto, and carry out the requirements,of the plan. To the extent possible, federal funds shall be sought to assist in this effort. . EL The best talent available shall be sought to perform the studies and surveys necessary to develop an environmental protection plan and carry out Its requirements In accordance with this chapter. To the extent possible. Uni- versity-based, public and private researchers In Louisiana shall be utilized. In all case-,% the research in support of the environmental protection plan shall be'coordinated by agreement of the three directors. The-. results of all re- search done in support of the environmental protection plan shall be open to the public and available to any interested persom L The environmental protection plan *shall contain specific provisions Im- plementing Subsection J below. If specific provisions cannot be set forth due to*uncertainties In the authority development program, then the environmental protection plan shall state In specific terms the uncertainties which do exist at the time the plan Is.promulgated, and why the uncertainties would. make., the Inclusion of specific provisions In the plan premature. - The authority environmental protection plan shall contain a separate chapter for each of the paragraphs of Subsection J. below and any other chapters necessary. to meet the requirements of this chapter. J. The environmental protection plan shall: (1) Summarize the salient feature of an inventory of all potential and ac- _tual. -stresses on the natural and human environment which can be reasonably expected-to occur In pursuing the authority- development program. Consid- eratlon shall be given. to stresses which have occurred In otherparts. of the country and the world where similar. functional operations were being Per- formed. Consideration shall be given to the peculiarities of Louisiana's coastal environment. The Inventory of potential and actual stresses shall, include a prediction of the. stress on the coastal environment of major accidents _whIcb_qquld..log1ca1ly be expected to occur throughout the authority develop ment program, eiiii th66gh all-lif6da-atlons a.-ainst-such-aceidents-have-been take= (2) Describe the essential features, of existing environmental data upon which the selection -of - a -site for a-,deep draft harbor and -terminal. may be . based. Indicate how this data has been. analyzed and compared with the Inventory-4t potentiaLand-actual -stresses -required -in the above paragraph so that the- site- telected-mill- result -in@-the-least:[email protected]:ffie -en-viron-:. ment. Indicate how economic considerationi are compared with the assessed7- total stress on the environment to arrive at the best economic-ecologic formula for determination of a site for the deep draft harbor and terminal. State the location and availability of the environmental da ta upon. which thepe deter- minations are based. (3) State bow the deep draft harbor and terminal facility design minimizes potential environmental damage, considers environmental factors as a positive part of the design, and controls long-term development so that growth and" additions to the deep draft harbor and terminal do not result In random growth or In gradual environmental deterioration. .(4) Present details of bow the operational aspects of the authority de- velopment program will be conducted so as to minimize environmental prob- leftM Including but not limited. to a monitoring program by appropriate pub- He or private persons selected, by the. board of commissioners;... establish- ment of constructional and operational guidelines for environmental pro- tection; strong enforcement provisions and mechanisms to Insure cleanup of accidental spills by technical means, with evidenee of financial respousibillty to Insure performance. of the cleanup, and compliance with the,.enfo=*Menr provisions of the environmental protection plan. The plan shall consider the circumstances which. may Justify,.the temporary. cessation. of the port ac- tivities. 7 (5) Provide procedures for the funding of projects to be.paid for by the authority to the Louisiana Wild- Life and Fisheries Commission or any agen- cy designated by the governor which shall compensate the coastal environ- 130 NAVIGATION AND SHIPPING 34:3115 ment for loss that may be sustained through the stresses on the environment created by the authority development program (6) Analyze ongoing program of the. federal@ state and local governments designed to protect the coastal environment, so as to Insure that there Is no unn ssarqy duplication of effort and to Insure tqhat cooperation and co- ordination of environmental protection measures are achieved. The opin- Ion of all agencies with a responsibility for 'monitoring the coastal environ- ment shall be sought with regard to this environmental protection plan prior to Its. promulgation,- to determine if there. are Incompatibilities between spe- cifqfe provisions of this mensure'and the requirements of other rulqn and regulations. X Nothing in tqhqis section Is intended to diminish In any way the authority of tqhe Louisiana Wild Life and Fisheries Commission. L.- - Ile legislature finds that the -environmental protection plan as adopted. by this authority on Januarqy15, 1974, complies in all respects with the re- quqlrements@ of 0qR.8qS. q34.3113, and was promulgated as required by law. Added by Acts I0qM No. 44q4, q11.- Amended by Acts 6qM4, No. 35q8, q5q� 10, 1q2. q�.31q14. Issuance and transfer of 1q1COqM&S A. No person shall construct or operate, or'aquse to be constructed or op- erated, offshore terminal facilities within the jurisdiction of the authority without fqlrst. obtaining a license, tqhe transfer of any license granted to the authority,'or q66q&er appropriate authorization from the authority. 1q3. A license shall be issued, any license granted to the authority shall be transferred, or other appropriate authorization granted, only if the authority finds that the applicant or transferee is qualified, and that the facilities or operations conform to the provisions of this Chapter and the rules and reqgula tions of thauthority and will be consqisteq@t with the publ ic Interest de- qS!qJared qAa-this' Chapter.-Any license so issued or transferred or other- ap- iqprorqiate authorization shall be subqlect -to qiq68q&q6oqiitqaii-qsf0q6 reqdqsonable con- ditqion'as necessary to'carry, out'th-purposes of -this Chapter 4qC. The authority shall establish such other quaRqfeadons for applicants or trazisferees,which- ay--Include-eqidence of-fnancial responsibility or per- formance bonds, as will Insure an applicant's or transferee's -ability to com- ply -with--this- --Chapter- and-- the-rules--and--regulations-of-L the- authority. '-D.- 'Tqhqi atiqtborqiqt0qy.- 6qRqi6qPqr- qe2q@qTaqhqjqT.�qI-x Me- qfqrqtqwdureqS- for -submIssqlow-of-aqPt plqintqions for the Issuance of licenses, the tra nsfer 4qif any license granted to -tqhe- authority or. the Issuance of other, appropriate authorization, and shall determine what information must be submitted by tht applicant The au- qthorltqy. qmay Impose' reasonable* filing fees and qmay require the* applicant to reimburse the authq6rqity for aqlql expenses Incurred in processing the aqppqua- qtq1n. qX The authority shall determine the lengtqh"of time during which a 0qU- cee shall be -valid, and the conditions upon which It may be revoked. 'The transfer by the authority of any of Its rights under a license, certqificatei per- qMIqL or -authorization, granted to the authority shall be for the term specified in the original authorization to the authority. Licenses may be revoked, sus- Pended, annulled or withdrawn in accordance with the procedures set forth In the Louisiana Administrative Procedure AcL Added by Acts I2qM, No. 444, q� L Amended by Acts 1974, No. q36q4 q� 1qZ 3115. Remedies and enforcement. In addition to all other rights herein granted. the autboqr8qity. and t0qhe courts shall have the power to assure compliance with the purposes of this chapter as follows: A. If the authority's board of commissioners or executive director has reasonable cause to believe that t8qhere exists a violation of this chapter or of the authority's rules and regulations, which could result in Irreparable In- jury to the authority's operations, the environment or the public Interest, the authority may petition the Civil District Court for the parish of Orleansq, or 131 34:3115 NAVIGATION AND SHIPPING any other court of competent jurisdiction, for appropriate mandatory, junc- Ure or other relief pending final adjudication of such inattem 6qB. The authority may issue, such orders as tqhe public Interest and equities, of the case may require, and as may be necessary to effectuate tqhe pur-. poses of tqhqis chapter, Including but not limited to: cease and desist. orders; revocation of, or other appropriate action affecting, licenses Issued by tqhe au- thority; such affirmative action as may be appropriate; and tqhe Imposition of fines not exceeding ten thousand dollars per day. 4qC Any Individual* found,to be responsible for a violation of this chapter or the authority's rules and regulations, whether acting for himself or for otqhe0qM may be fined not more than ten thousand dollars for each offense. Each day-that. a -violation occurs constitutes a separate offense.. . D. In the event that the authority shall determine tqhat any order.made by It and not tqhen the subject- of judicial review, Is being violated, tqhe an- tqborqitqy may Institute a civil actioR In the Civil District Court for the parish of Orleans or any other court of competent jurisdiction, for enforcement of the authoritys order. ;The enforcement proceeding shall be confined to the record before the authority. The court may enforce, remand, reverse ormodql fqy the order of the authority. Added. by Acts 19q74, No. 3q38, j A � 31q18qk Coo' rtfql nation and cooperation -A. : It. q19-the-policy of-this chapteqe that the authority development pro- gram be pursued so that there Is full coordination and cooperation between agencqiesand groups that have complementing' or overlapping interests and the authority. It is not the policy of this chapter that the authority develop- ment program be pursued, Independent lqy and with a view toward narrow, short-term Interests.. " .; I 2qS. The --board-- of -coinnilssqioners sq1m. It- take a8qMrmtqire tep37tO fully CO-- oqOqfnate all asqpc qts of the authority, development program with tqhe Louqlsiqhna Advisory-- Commission on -Coastal and .qMarine-4qResourceL (Act No-- 35- of0qJ9 7q1) or Its successor group,. which Is charged with the development of a coastal zone management plan for the state. qC. The board of q6iniissqioners sqhall..tak-affqirmatqive. steps to Insure that- the @autqhoritqy- development - program -Is-coordInated Into 0qOe planning pro- grxns@of-otqheqz mode--of. transportatqion-,to -qincluderqaqiqL---oaqd;@:waterwayj -air and qpqlpelqine,--so-tbattqhere 13'a long-term and orderly pursuit of transporta- tiou services In the coastal zone which are Interrelated and coordinated so as to achieve the most efficient and economical transportation program that Is feasible and that will be least destructive of other values In the statiL 3D. -The board of commissioners shall qInsure'tqhat the-appropriate federal agencies which are required by federI'law to plan or'reqgulate transpor- tation facilities or programs are consulted regularly and am fully Involved In die authority. development program where appropriate. Added by.Actq@ 1974, No. q3q5q8, � 8qn 132 MOAA COASTAL SERVICES CTR LIBRARY 3 6668 14114029 5