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Coastal Zone Information Center P. erport LO - Environmental C, Protect*lon Plan DEEP DRAFT HARBOR AND TERMINAL AUTHORITY 'A Ole TD 195 -P4 Su D43 1974 Property of CSC Library STATE OF LOUISIANA BOARD OF COMMISSIONERS Deep Draft Harbor and Terminal Authority 1130 international Trade Mart January 15, 1974 Now Orleans, Louisiana 70130 Telephone (504) 527-5016 U.S DEPARTMENT OF COMMERCE NOAA TO THE HONORABLE EDWIN W. EDWARDS, COASTAL SERVICES CENTER GOVERNOR OF THE STATE OF LOUISIANA 2234 SOUTH HOBSON AVENUE AND THE HONORABLE MEMBERS OF THE CHARLESTON , SC 29405-2413 LOUISIANA LEGISLATURE: In response to the directive contained in La. R.S 34:3101 et seq. (Act 444 of the Regular Session of 1972), I am pleased to sub- mit herewith the Environmental Protection Plan governing the Plan- ning, development and operations related to a deepwater terminal (superport) in the State Of Louisiana. The Act creating this agency, referred to above, called for preparation of the Plan within 18 months from the effective date Of the Act (July 26, 1972). In accordance with that requirement, the Plan has been developed and was delivered to the Secretary of State, state of Louisiana, for promulgation on January 15, 1974, after the Board of Commissioners of this Authority gave its "advice and con- sent, to promulgation as required in the Act. Final Preparation Of the Plan occurred after proper Public Hearing and due notice given under provisions of the Administrative Procedure Act Of the State of Louisiana (La. R.S. 49:951-966). publication of the Notice of Pub- lic Hearing appeared, as required by law, in the Official Journal of the state of Louisiana in both Baton Rouge and New Orleans. The ef- fective date of the Plan is January 26, 1974. The purpose of the Environmental Protection Plan is to assure maximum protection to the coastal wetlands of Louisiana during the period of superport planning, development and ultimate operation. The Plan is designed to provide maximun environmental protection, and at the same time, permit beneficial industrial and economic de- velopment in Louisiana. This plan places Louisiana in the unique position among the states of having used the most modern planning techniques for envir- onmental protection during the development of a superport, itself a new concept in transportation. A certain measure of pride Should rest with each of you having initiated this new approach to de- velopment of projects in our State. Those of us associated with SUPERPORT (Continued) Page 2 January 15, 1974 this agency appreciate the excellent cooperation which has been giv- en in the organization of the Superport, Authority and in the perform- ance of its varied tasks. Respectfully submitted, P. J. Mills EXECUTIVE DIRECTOR ENVIRONMENTAL PROTECTION PLAN Drafted and adopted in accordance with provisions of Louisiana Revised Statutes OF THE 34:3101-3114. Filed with the Secretary of State, State of Louisiana, in accordance LOUISIANA DEEEP DRAFT HARBOR AND with the Louisiana Administrative Procedure Act (Ia. R.S. 49:951-966) for TERMINAL AUTHORITY promulgation with effective date of January 26, 1974. (LOUISIANA SUPERPORT AUTHORITY) o EDWIN W. EDWARDS GOVERNOR E. C. HUNT JR. PRESIDENT NOLTY J. THERIOT VICE PRESIDENT Members Clement Betpouey, III Metairie BOARD OF COMMISSIONERS Richard A. Gonsoulin DEEP DRAFT HARBOR Montegut AND TERMINAL AUTHORITY E. C. Hunt, Jr. Lake Charles (An Agency of the State of Gerald J. McLindon Louisiana, created by Act Baton Rouge 444 of 1972 Regular Sessicn, La. R.S. 34:3101-3114) James W. Moore Monroe Dean L. Peterson New Orleans Thomas E. Powell Eunice Nolty J. Theriot Golden Meadow Gilbert H. Vorhoff New Orleans P. J. mills Executive Director Randolph H. Parro Associate Director The Authority acknowledges with apprecia- tiai the assistance of Dr. Lyle St. Amant, Assistant Director of the Louisiana Wild Life and Fisheries Cannissim, and Dr. Jack Van Lcpik, Director of the Louisiana State University Center for Wetland Re- sources. Each of these gentlemen was given the responsibility in the Act creating the Superport Authority for formulation of the Environmental Protection Plan, along with the Director of the Authority. Their de- voticn to detail and unselfish giving of time to this project is gratefully ac- knowledged by the Board and staff of the Authority. Envircnmental research upon which the Plan was based was developed by the Louisiana State University Center for Wetland Re- sources mder the direction of a team headed by dr. James Stone. Dr. Stone and 4s associates provided an excellent ba- sis upon which the Plan could ultimately be developed. AMIOWIEDGMENTS Technical assessment of the contents of the Plan was made by the Henry J. Kaiser anpany (Kaiser Engineers) through their offices in New Orleans with the assist- ance of personnel in their Oakland, Cali- fornia office. Roger E. Wallihan, Assist- ant Project Manager for Kai6er, coordin- ated the technical assessnent. Richard M. Brennan of Kaiser served as Project Manager for the Louisiana Superport Au- thority. Final drafting, rewrite and assimilation of the Plan into proper legal form as rules and regulations of the Authority was performed by the Authority's legal counsel, the firm of Deutsch, Kerrigan and Stiles of New Orleans. FESOLUTICN OF THE BOARD OF COPMSSICNEM OF THE EEEP DRAFT HAISOR AND TMUNAL AUTHOP-TTY 1. Act 444 of the 1972 Regular Session of the Legislature (La. R.S. 34:3101 et M.), which created the Deep Draft Harbor and Ter- rrmnal Authority, provides in part that: "3113B. The Environmental Protection Plan shall be formulated by the three directors [Director of Lou- isiana Wild Life and Fisheries Ccmmission, Director of Louisiana State University Center for Wetland Re- sources, and the Executive Director of this Author- ity] with the advice and consent of the Board of Conmissioners of the Authority; "3113C. The Environmental Protection Plan shall be promulgated by the Executive Director under the rule- making procedures of the Louisiana Administrative Procedure Act of La. R.S. 49:951-49-.966; "3113D. The Environmental Protection Plan shall be promulgated within a reasonable time after the ap- pointrent of the Executive Director, but in no event more than eighteen months after the effective date of this Act"; and 2. On Novenber 8, 1973, the three Directors forwarded to this Board for its advice and consent, a draft Environinental Protection Plan formulated by the three Directors; and 3. At the Board meting on Noven-ber 15, 1973, it was resolved by this Board, and its Executive Director, that a public hearing would be held on the draft Environmental. Protection Plan on Decem- ber 18, 1973; and 4. A public notice of the hearing on the Protection Plan was duly published in the Authority's Official Journal; and 5. The Board of Com-nissioners, and this Authority's Executive Director, held a public hearing on the draft Environmental Protec- tion Plan on December 18, 1973, at which time both oral and written conuents regarding the draft were subnutted; and 6. The three Directors have reviewed the draft Enviraurental Protection Plan and the oral and written comments submitted at the public hearing held on Decenber 18, 1973, and on January 15, 1974, they presented to this Board, for its advice and consent, a revised draft of the Environmental Protection Plan, which has the approval of each of the three Directors. 2 1 XM UlEREFURE, BE IT RESOLVED MiM: 1. The Environmental Protection Plan submitted to this Board on January 15, 1974, is hereby ratified by, and with the advice and consent of, this Board; 2. The Executive Director of this Authority be and he is here- by authorized and directed to file with the Secretary of State, State of Louisiana, a copy of the Environmental Protection Plan, to be ef- fective and applicable as rules and regulations of this Authority, promulgated pursuant to the Louisiana Administrative Procedure Act and this Authority's General Rules and Regulations; and 3. The Environmental Protection Plan duly promulgated by this Authority's Executive Director, and ratified by, and with the advice and consent of, this Board, shall be followed in carrying out all aspects of the Authority Developmnt Program, as provided in La. R.S. 34:3101 et seq. Adopted at a regular meeting of the Board of Can-nissioners of the Deep Draft Harbor and Terrdnal Authority held in the City of New Or- leans, Louisiana, January 15, 1974. 389-6181 STATE OF Louisiana P 0 Box 44125 BATON Rouge LA SECRETARY OF STATE 70804 WADE O MARTIN JR January 15, 1974 SECRETARY OF STATE Hon. P. J. Mills, Executive Director Board of Commissioners Deep Draft Harbor and Terminal Authority 1130 International Trade Mart New Orleans, Louisiana 70130 Dear Mr. Mills: This will acknowledge receipt of the Environmental Protection Plan of the Deep Draft Harbor and Terminal Authority delivered to this office this date. Said Rules and Regulations are being filed in the records of this office. With kindest regards, I am Sincerely Secretary of State WOMjr/dp ENVIRONMENTAL PROTECTION PLAN OF THE DEEP DRAFT HABBOR AND TERMINAL AUTHORITY STATE OF LOUISIANA Page CHAPTER 1 - INTRODUCTION 1-1 Section 1. - Scope and Purpose 1-1 Section 2 - Definitions 1-2 Section 3 - General Provisions 1-15 Section 4 - Requirements of Protection Plan 1-16 Section 5.- Location and Availability of Environmental Data 1-19 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 -2- Page Section 3 - Essential Environmental Considerations 3-6 Subsection 1 - General 3-6 Subsection 2 - Deepwater Port Facilities 3-7 a - dater Depth 3-7 b - Navigational Fairways 3-7 c - Coordination with, Existing OffShore Activity 3-8 d - Sea bottom Characteristics 3-8 e - Marine Spawning Areas 3-8 f - Coordination with existing Sbumarine Construction 3-8 g - Barrier Islands 3-9 h - Tidal Passes 3-10 i - Casualty Oil Spills 3-10 Subsection 3 - Onshore Facilities 3-11 Section 4 - Economic and Environmental Costs 3-11 Subsection 1 - General Provisions 3-11 Subsection 2 - Economic Costs 3-12 Subsection 3 - Enviromental Costs 3-12 Subsection 4 - Economic and Environmental Benefits 3-14 Section 5 - Site Approval Proprocedures 3-14 CHAPTER 4 CRITERIA FOR DESIGN 4-1 Section I - Statutory Authority 4-1 section 2 - General Provisions 4-1 Subsection 1 - General Statement 4-1 Subsection 2 - General Description 4-2 Subsection 3 - Findings of Authority 4-4 section 3 - Design Criteria 4-11 -3- Page Subsection 1 - Introduction 4-11 Subsection 2 - General Criteria 4-12 Subsection 3 - Deepwater Port Facility 4-15 Subsection 4 - Vessel Traffic Control System 4-19 subsection 5 - Pipelines 4-20 Subsection 6 - Receiving Terminal 4-21 subsection 7 - Support Facilities 4-24 Section 4 - Positive Environmental Features 4-26 Section 5 - Control of Long-Tern, Development 4-28 CHAPTER 5 - OPERATION AND ENFORCEMENT PROCEDURES 5-1 Section 1 - Statutory AuthoriTY 5-1 Section 2 - General Provisions 5-1 Subsection 1 - Implementation of Protection Plan 5-1 Subsection 2 - Operational and Contingency Plans 5-5 subsection 3 - Anti-Pollution Policy 5-8 Section 3 - Surety Bonu Requirements 5-9 Section 4 - construction Guidelines 5-14 Section 5 - Operational Guidelines 5-17 Subsection 1 - General Provisions 5-17 subsection 2 - Operator Training and Performance 5-18 Subsection 3 - Navigation and Mooring 5-19 subsection 4 - Transfer, Transportation and Stor- age of oil and Hazardous Substances 5-20 Subsection 5 - Waste Disposal 5-21 -4- Page Section 6 - Monitoring Programs 5-22 section 7- Approval of Projects and Activities 5-25 section 8 - Inspection 5-32 Section 9 - Administrative and Judicial Procedures 5-35 subsection 1 Administrative Procedures 5-35 subsection 2 Judicial Procedures 5-37 section 10 - laws of Other Agencies 5-39 section 11 - Liability for Environmental Damage 5-39 CHAPTER 6 - FUNDING OF ENVIRONMENTAL PROGRAMS 6-1 section I - Statutory Authority 6-1 Section 2 - Enviromental Compensation Charge 6-1 Section 3 - Louisiana Environmental Protection Fund 6-3 section 4 - Enviromental Campensation 6-7 Section 5 - Environmental Program 6-8 CHAPTER 7 - COORDINATION AND COOPERATION 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 -5- Page 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 7-18 a Louisiana Wild Life and Fisheries Commission 7-18 b Department of Conservation 7-19 c Department of Health 7-20 d Governor's CCouncil on Environmental Quality 7-20 e Stream Control Commission of Louisiana 7-21 f - Air Control Commission of the State of Louisiana 7-21 g - Office of State Planning 7-22 h- Louisiana Advisory Commission on Coastal and Marine Resources 7-22 i - Other State Agencies 7-22 j - Local Agencies 7-23 k - Consultation with Local Authorities 7-24 CHAPTER 8 - CONSTRUCTION AND EFFECT 8-1 APPENDIX A ENVIRONMENTAL PROTECTION PLAN OF THE DRAFT HARBOR AND TERMINAL AUTHORITY STATE OF LOUISIANA CHAPTER I INTRODUCTION Section l - Scope and Purpose a Act 444 of the Louisiana Acts of 1972 (La. RS 34:3101- 14)*/ (herein called the "Act") created the Deep Draft Harbor and Terminal Authority (herein called the "Authority") and provided that it should be vested with "exclusive and plenary authority to do any and all things necessary or proper" for the Authority "to pro- mote, plan, finance, develop, construct, control, operate, manage, maintain and modify a deep draft harbor and terminal within the jur- isdiction of said Authority. (RS 34:3109A and 3101A) . The Act is attached as Appendix A. b - Under the Act, the Authority is "empowered to take all necessary steps to protect Louisiana's unique coastal environment from any short-term or long-term damage or harm which might occur from my aspect of the Authority Development Program." (RS 34:3109 D) . c - Pursuant to Section 3113 of the Act, entitled "Environ- mental Protection Plan", and in accordance with the rule-making */ Subsequent references to Louisiana Revised Statutes are to "RS". 1-2 procedures of the Louisiana Administrative Procedure Act (RS 49:951- 66), and the General Rules and Regulations of the Deep Draft Harbor and Terminal Authority, the Authority adopts the within Enviromnen- tal Protection Plan (herein called the "Protection Plan"), as a rule and regulation of the Authority. (RS 34:3113C). d - This Protection Plan "establishes those steps to be fol- lowed to insure the protection of the environment throughout all phases of the Authority Developymt Program." [RS 34:3102(3)]. Section 2 - Definitions 1 - "Act" means Act 444 of 1972 (RS 34:3101 et seq.), which establishes the Deep Draft Harbor and Terminal Authority, and arry a- mendments thereto. 2 - "Actual stress" means an identifiable stress which is rel- atively certain to occur as a natural and dixect consequence of the construction and normal operation of a deepwater port and onshore facility. 3 - "Acute" means having a sudden onset, sharp rise, and short course. 4 - "Air contaminantsil means particulate.matter, dust, fmies, gas, mist, smoke or vapor, or arry contination thereof produced by processes other than natural. 1-3 5 "Air pollution" mans the addition of air contaminants to the atmosphere in such quantities that the then existing State or fed- eral ambient air quality standards or emission standards would be vio- lated. 6 - "Anaerobic conditions" mans the absence of free oxygen. 7 - "Aromatic conditions" mans that class of reactive hydro- carbon molecules identified by its characteristic benzene ring. Aro- matic compounds typically have high solvent power in contact with other substances. 8 - "Authority" mans the Deep Draft Harbor and Terminal Autthor- ity as established by the Act. 9 - "Authority development program" mans all the phases of growth and development through which the concept of a deepwater port and onshore facilities Tray go, including but not limited to promot- ing the concept, raising fund to support the program, planning the uses of the facility, selecting a site for the deepwater port and onshore facilities, designing the structures, constructing the fa- cility and the support facilities operating and maintaining the fa- cility, expanding or renovating the facility, modification mid re- tirement of facility, and any other phases through which Au- thority development my proceed. 10 - "Barrier island" means a shoreline island, separating an estuary from the ocean, which acts as a natural barrier against 1-4 storms and marine Borces. 11 - "Baseline data" means data which is used as a base or norm frcm which to measure changes. 12 - "Benthos" means organisms that live m or in the bottcas of bodies of water. 13 - "Biological oxidation" means the natural process of de- cay or destruction of organic materials by the action of micrcbes. 14 - "Board of Ccmnissioners" means the governing body of the Authority as established by the Act. 15 - "Cathodic protection" means a corrosion protection sys- tem wherein the flow of current fran anodes to cathodes of corrosion cells is prevented by means of galvanic anodes or impressed current. 16 - "Check-off list or procedures" means a prepared list or procedure on which each item must be checked or initialed as being ompleted before proceeding to the next item. 17 - "Chronic" means marked by long duration or frequent re- currence. 18 - "Ccwpensationll includes rehabilitation, restoration, and reparation. 19 - "Decision" or "order" means the whole or any part of the 1-5 final disposition (whatever its form., whether affirmative, negative, injunctive, or declaratory) of the Authority, in arry matter other than rule-making,, required or permitted by constitution or statute to be determined on the record after notice and an opportunity for an Authority hearing. 20 - "Deepwater port facility" means a structure, a series of structures, or facility of any type emplaced off the coast of the State of Louisiana and designed to acoamudate the cargo Cr passen- gers of deep draft vessels. 21 - I'Detritus" means loose particles, formed by the disinte- gration of organic matter, which serve as a food source for aquatic cies. 22 - "Developnent corridor" means wcisting land corridors which are already developed for human habitation, c=mercial or in- dustrial activity, or transportation. 23 - "Discharge" includes, but is not limited to, any spill- ing, lmk-ing, pumping, pouring, emitting, emptying, or dumping. 24 - "Dispersant" means an active surface agent which causes an oil film to break up because of the formation of fine oi.1 drop- lets, which are more susceptible to natural degradation. 25 - "Emulsifier-" means Fn active surface agent which pzamotes 1-6 the formation and stabilization of an emulsion. 26 - "Emulsion" nx@ans a system consisting of a liquid dispersed in an immiscible liquid. 27 - "Environmental Director" means the person enployed by the Authority to assist in the administration of the Protection Plan. 28 - "Envircnmental Protection Plan" (hereinafter "Protection Plan") means a written document prepared in conformity with the Act, which shall be a regulation of the Deep Draft Harbor and Terminal Au- thority, establishing those steps to be followed to insure the pro- tection of the environment throughout all phases of the Authority de- velopnent program. 29 - "Erosionel means the natural destruction or wearing away of terrestrial surfaces by the action of water and wind. 30 - "Executive Director" means the Executive Director of the Authority chosen by the Board of Commissioners as provided for in the Act. 31 - "Facility" means either a deepwater port facility or an onshore facility. 32 - "Feeder pipeline" means an ancillary oil-transportation pipeline which is connected with, or tapped into, facilities undIer the Authority's jurisdiction. 1-7 33 - "Fund" means the Louisiana Environmental Protection Fund. 34 - "Garbage" means waste edible material generated by the preparation of food for human consuaption or the disposal of uneaten food. 35 - "Hazardous substance" means any substance designated par- suant to the Federal 'dater Pollution Control Act and any amendments thereto. 36 - "Littoral current" means a current located near and gen- erally parallel to the shoreline of an ocean, lake, or other large body of water. 37 - "Littoral drift" meam rraterial that moves in the littoral zone Lmder the influence of waves and currents. 38 - "Manifold" means a junction of several pipes and/or hoses. 39 - "Major oil spill" means a discharge of oil of more than 10,000 gallons to the inland waters or more than 100,000 gallons in coastal waters. 40 - "Mooring master" means an individual holding a masters certificate, experienced in the operation of bulk cargo vessels who is responsible [without diminishing the ultimate responsibility of a vessel master] for berthing, oil transfer and de-berthing opera- tions. 1-8 41 - "Mudlurrp" means expressions on the surface of a seabed resulting from deposition of thick localized masses of heavier bar sediments directly upon lighter, plastic clays and subsequent dia- piric action. 42 - "National Contingency Plan" means the National Contingen- cy Plan for removal of oil and hazardous substances, prepared pursu- ant to section 11(c) (2) of the Federal Water Pollution Control Act. 43 - "Navigational fairway" means a navigational open path or approach or departure corridor for vessels using a deepwater port facility. 44 - "Oil" means oil of any kind in any form, including but not limited to, petroleum, fuel oil, petroleum products, sludge, oil refuse, and oi.1 mixed with wastes other than dredged spoil. 45 - 110i.1 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. 46 - "Oil spill cleanup agent" nxens any substance applied to oil on water or associated shoreline, the function of which is to disperse, remove or otherwise control the oil. 47 - "One-hundred year storm" means the maximum storm which can be expected to occur at a frequency of once per one hundred 1-9 years, based on past observations and frequency of occurrence. The winds and tides generated by such a stom will vary from location to location. 48 - "Onshore facility" means all pipelines, structures, and facilities functionally related to, and landward of, a deepwater port facility, and necessary and useful to the operation thereof. 49 - "Operational and contingency plan" means a written docu- ment, and arry amendments thereto, prepared in accordance with the reqWxennents of the Protection Plan. 50 - "Outdoor burning" means burning of any material without the benefit of equipnent primarily designed for the conbustion of fuel and/or waste material and/or in such a manner that the products of the combustion are emitted directly to the atmospl@ere. 51 - "Owner or operator" means any person owning or operating a vessel,, deepwater port facility or onshore facility subject to the jurisdiction of the Authority, whether by statute, rule or regula- tion, lease, contract, or any other form of agreement. 52 - "Party" neans each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admit- ted as a party. 53 - "Person in charge" means the person on the scene who has 1-10 operational responsibility for a deepwater port facility, onshore facility,, or vessel associated with a deepwater port frorn which oil or other pollutants are discharged when the discharge occurs. 54 - "Person" means any individual, partnership,, corporation,, association, governmental agency, governmental subdivision, or pub- lic or private organization of any character. 55 - "Photosynthesis" means the formation of carbohydrates and oxygen in the chlcrophyll-containing tissues of plants exposed to light. 56 - "Platform complex" means interconnected offshore plat- forms containing, inter alia, transfer pumps, metering equipment, navigation control equipment, omanicatiorLs equipment, holding tanks, and quarters for offshore crew. 57 - "Pollutants" shall include, but not be limited to, oil of any kind and in any form, gasoline, pesticides, anuania, chlorine, all hazardous substances, and all other substances which are alien to the area or areas that may be affected by such substances. 58 - "Pollution" means a discharge or deposit into any of the waters or wetlands within the Authority's jurisdiction, or which ultimately comes within any such areas, of any liquid, gaseous, or solid substance or substances which way create a nuisance therein or render such areas unclean or noxious to such extent as to be detriumtal to the propagation, cultivation, or conservation of ani- mals, birds, fish, or aquatic life, or unsuitable with reasonable treatment for use as present or possible future source of public wa- ter supply, or unsuitable for cam-ercial, industrial, agricultural, recreational, or other reasonable uses. It shall also include the discharge or deposit of any substance which,, because of its teaTer- ature, is detrinental to, or unsuitable for, any of the above de- scribed uses. 59 - "Positive shutoff valve" neans a mechanical device to regulate liquid flow through a pipel-ine or hose system, and capable of positively stopping flow when activated by autcrvatic and/or man- ual means. 60 - "Potential stress" means an identifiable stress which could occur as a natural and direct consequence of the construction and operation of a deepwater port and onshore facilities, although all reasonable precautions against such an eventuality have been taken (for exarrple, fires, explosions, or casualty oil spills). 61 - "Protection Plan". See Environmental Protection Plan. 62 - "Receiving ter:minal" means storage facilities arid asso- ciated equipment for the receipt of bulk cargo. 63 - "Regional Contingency Plan" means the regional plan for the removal of oil ax,.d lha=dous substances for the Sixth Coastal 1-12 Region published pursuant to the National Contingency Plan. 64 - "Reinforced construction" as applied to a transfer hose, nvans a hose composed of many plies of fabric, wire, and synthetic rubber, then wrapped with high-tensile steel wire imbedded in syn- thetic rubber. Non-reinforced hoses are constructed without the steel-wire wrapping. 65 - "Rule" means each Authority statement that implemmts, interprets or prescribes substantive law or policy, or prescribes the procedure or practice requirements of the Authority. The tem inc udes the amendment or repeal of a prior rule, but does not in- clude (A) statements concerning only the internal management of the Authority and not affecting private rights or procedures available to the public; or (B) intra-agency memoranda. 66 - "Saltwater intrusion" means the intrusion of water into other bodies of water causing a measurable change in salinity. 67 - "Sanitary waste" means human body wastes and the wastes fromt toilets and other receptacles intended to receive or retain body wastes. 68 - "Secondary developmento' means development of those pro- cessing facilities and other industries associated with the bulk ommodity, and the associated urbanization which may occur. 1-13 69 - "Service vessel" means a vessel providing support or ser- vice to a deepwater port facility, onshore facilities, and to ves- sels delivering cargo to these facilities. 70 - "Solid wastes" means solid waste material including, but not limited to, plastics, caris,, paper, scrap metal, and boxes. 71 - "Spill prevention control and countermeasure plan" means a plan prepared pursuant to the proposed Envirormiental Protection Agency regulations published in the Federal Register of July 19, 1973 (38 M 193-U). 72 - "Spoil" means earth and rock which has been excavated or dredged. 73 - "Stress" means a force or influence imposed upon the na- tural or human eriviroment as a result of the Authority development program. Stress also includes arry state resulting from the ixrposi- tion of a force or influence in which natural or human processes or comlitions have been changed. Stress may be referred to as an "im- pactle or "effect." Mien stress is used as a test for loss to the en- vironment it means the same as provable damage. 74 - "Substrate" means a substance, base, or nutrient on which an organism grows. 75 - "Submarine slumping" means sea floor slides caused by the 1-14 instability of poorly consolidated deltaic sediments. 76 - "Subsidence" means the sinking or settling of land, or the gradual lowering of land. with respect to sea level. 77 - "Three Directors" means the Executive Director of the Au- thority as PrOV1ded for in the Act, and the Director of the Louisi- ana Wild Life and Fisheries Comnission, and the Director of the Lou- isiana State University Center For Wetland Resources. 78 - "Tidal Pass" means a natural duvmel which permits inter- change of water between an estuary and the open sea, and provides a mic .Xation route for aquatic species. 79 - "Transfer hose system" means the floating and submerged hoses and associated fittings and connections through which oil is transferred between a bulk cargo carrier and the manifold of the moncbuoy system. 80 - "Transfer" includes both onloading and offloading between deepwater port facilities and vessels, deepwater port facilities and onshore facilities, and vessel to vessel. 81 - "Treatmmt facility" means a system or device to separate and remove contaminants fmm waste water or to convert other liquid wastes into enviromrentally acceptable substances. 82 - "Turbidity" means a condition of darkened or reduced 1-15 clarity of water caused by the presence of suspended material. 83 - "Vessel" includes any description of watercraft or other contrivance used, or capable of being used, as a means of transporta- tion on water, whether self-propelled or otherwise, and includes barges and tugs. 84 - "Volatile vapors" are those petroleum fractions which tend to vaporize at ambient temperatures and pressures. 85 - 'Wetlands" means lowland areas, including natural levees, cheniers, beach areas, marshes, swwrps, and other low lying areas, characterized by a high degree of soil moisture, which are periodical- ly or permanently covered with water. section 3 General Provisions a - This Protection Plan applies to all aspects of the Author- ity development program, and the details of this Protection Plan shall be followed in all respects by the Executive Director in carry- ing out any aspect of the Authority development program. (RS 34:3113A) . b - The Authority is authorized to negotiate and enter into contracts or agreements with any public or private individual I or corporation, for the construction and operation of a petroleum ter- minal as an interstate common carrier. (RS 34:31.09F). Any such contract shall constitute an aspect of the Authority development 1-16 program- c - The Protection Plan, by the three Directors, with the advice and consent of the Board of Cmudssioners, rpay be amended, in accordance with the provisions of the Wuisiana. Admin- istrative Procedure Act and the Authority's General Rules and Reg- ulations, to reflect changes in the Authority development prograin. Initiation for changes may come from wW of the three- D=ectors, the Board of Commissioners, or any interested person. (r6 34:3113 B and E). d - In preparing any amendment to the Protection Plan, the three Directors shall make every effort to reach a consensus. If they are unable to agree, each shall proffer his proposal and pre- sent it to the Board of Commissioners for its consideration. Each of the three Directors shall present detailed comments and re=rr- mendations to the Board of Commissioners. After receiving and studying the cmmmts and reccmmendations, the Board of CcmTtission- ers, shall decide which proposal, or combination of proposals, shall be adopted and promulgated. (RS 34:3113F). e - In all cases, zwearch in support of the Protection Plan shall be coordinated by agreement of the three Directors. (RS 34:3113H). Section 4 - E292Hements of Protection Plan a - The Act states that the Protection Plan shall contain spe- 1-17 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 en- vironment which can reasonably be expected to occur in pursu- ing the Authority DeveloEment Program. Consideration shall be given to stresses which have occurred in other parts of the country and the world where similar functional operations were being performed. Consideration shall be given to the peculiar- ties of Louisiana's coastal environment. The inventory of po- tential and actual stresses shall include a prediction of the stress on the coastal environment of major accidents, which could logically be expected to occur throughout the Authority Developnent Program, even though all precautions against such accidents have been taken. "(2) - Describe the essential features of existing envir- onmental data upon which the selection of a site for a Deep Draft Harbor and Texminal may be based. Indicate how this da- ta has been analyzed and compared with the inventory of poten- tial and actual stresses required in the above Paragraph, so that the site selected will result in the least total stress on the environment. Indicate how economic considerations are com- pared with the assessed total stress on the environment to ar- rive at the best economic-ecologic formula for determination of a site for the Deep Dre-,ft Harbor and Terminal. State the loca- tion and availability of the environmental data upon which these determinations are based. "(3) - State how the Deep Draft Harbor and Terminal fa- cility design minindzes potential environmental damage, oonsid- ers 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 envirorrwntal deterioration. "(4) - Present details of how the operational aspects of the Authority Development P.Logram will be conducted to minimize environmental problems, includ:,ng but not limited to a monitor- ing program by the Louisiana Wild Life and Fisheries CcnTnission; establishmmt of con:@tz=tional and operational guidelines for eavironmEntal protec-Ucn; strong enforcenmt provisions, and mechanisms to :U-isure clemiup of accident spills by tecbnical means, with a surety bond to insure performance. The plan shall 1-18 consider the circumstances which may justify the temporary ces- sation of port activities. "(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 agency designated by the govexnor which shall cmpmsate the coastal envirormient for loss that may be sustained through the stresses on the envirommt crea- ted by the Authority Developnent Program. 11(6) - Analyze ongoing programs of the federal, state and local governments designed to protect the coastal environment and to insure that there is no unnecessary duplication of ef- fort, and to insure that cooperation and coordination of envir- cnmental protection measures are achieved. The opinion of all agencies with a responsibility for monitoring the coastal en- viroment shall be sought with regard to this Coastal Protec- tion Planl/ prior to its praTulgation, to deteradne if there are =jetibilities between specific provisions of this rwa- sure and the requirements of other rules and regulations." b - "If specific provisions cannot be set forth due to uncer- tainties in the Authority development program, then the Environmen- tal Protection Plan shall state in specific terms the uncertainties which do exist at the time the plan is prcnmlgated, and why the un- certainties would make the inclusion of specific Provisions in the plan premature." (Secticn 3113 I)Y 1/ This terminology is used in the Act. Elsewhere in the Act,, the Protection Plan is referred to as the Environmental Protection Plan. 2/ FS 34:3113D provides that "[t1he Environmental Protection Plan shall be prarulgated within a reasonable time after the appoint- ment of the Executive Director,, but in no event more than eighteen months after the effective date of this Act." This provision re- quires that the Protection Plan be prcm1gated prior to January 27, 1974. At the time this Protection Plan is being prcmulgated there exists no federal legislation regulating deep water port facilities, nor has either a detailed facility design or site been detemmined. Moreover, the Protection Plan is designed primarily to protect the 1-19 Section 5 - Location and Availability of Envirormxni7af D7ata a - It is the policy of the Authority to nake the fullest pos- sible disclosure of information to any person upon request. All in- formation in the Authority's possession will be nade available in ac- cordance with the Public Information Act and the General Rules and Regulations of the Authority. b - TO the fullest extent reasonably possible, all environmen- tal data on which this Protection Plan is based, or on which the three Directors base a recomwndation and which forms the basis of an Authority determination under this Protection Plan, shall be a- vailable for public inspection at the offices of the Authority in New Orleans, in accordance with the Authority's General Rules and Regulations. 2/ [cont'd.] enviroment with respect to stresses resulting fran an oil transfer facility, although deep draft dry bulk transfer facilities way be developed in the future. The basic provisions of the Protection Plan shall apply to all deep draft port facilities off the coast of Louisiana, but specialized facilities developed later ney require riore specific provisions. The initial Protection Plan has been promulgated in order to ccnply with the provisions of Section 3113D, but tlie Authority has found it necessary to invoke the provisions of Section 31131 and designate the specific provisions that cannot be set forth due to uncertainties in the Authority devel- opment program. Accordingly, the Authority recognizes, at the time of initial promulgation of the Protection Plan, that arendnmt of several provisions of the Protection Plan will be necessary in order to set forth specific provisions in accordance with Section 3113J(I)- (6). CHAPTER 2 SUNNARY OF STRESSES Section 1 - Statutory Authority Subsection J(l) of RS 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 expected" to result from the Authority de- velqmmt program, consideration being giveri both to stresses which have occurred at simi-lar functional operations in other parts of the world, and to "the peculiarities of Louisiana's coastal environment." Subsection JM also requires that the Protection Plan "include-a prediction of the stress on the coastal environment of major acci- dents which could logically be expected to occur throughout the Au- thority Developuent, Program, even though all precautions against such accidents have been taken." Section 2 - General Provisions Subsection 1 - Introduction. This Chapter will identify, as precisely as possible, the actu- al and potential stresses on the natural and human enviroment, caused by the Authority development program, based on existing en-- vironmental data, the observed operations of comparable installa- tions elsewhere, and the peculiarities of the Louisiana coastal en- 2-2 vironment. Subsection 2 - References. in determining the stresses which can-reasonably be expected to result from the Authority development program, and in considering stresses and accidents encountered at similar functional operations in other parts of the world, and the effect such stresses and acci- dents could have in light of the peculiarities of Louisiana's coast- al environment, the Authority has consulted and referred to numerous studies and authorities including the following: (a) "Louisiana Superport Studies, Report No. 1, Preliminary Recommendations and Data Analysis,," Louisiana State University Center for Wetland Resources (August, 1972); (b) "Louisiana Superport Studies, Report No. 2, Preliminary Assessment of the Environmental Impact of a Superport on the Southeastern Central Coastal Area of Louisiana," Toilisiana State University Center for Wetland Resources (1972); (c) "loouisiana Superport Studies, Report No. 3, Recammenda- tions for the Environmental Protection Plan," Louisiana State University Center for Wetland Resources (Draft - October 31, 1973); (d) "Draft Environmental Inpact Statement - Deepwater Ports," United States Department of the Interior (June, 1973); (e) "Report on Gulf Coast Deep Water Port Facilities, Texas, Louisiana, Mississippi, Alabama and Florida," United States Anny Corps of Engineers (June,, 1973); (f) "Louisiana Wetlands Prospectus," Louisiana Advisory Com- mission on Coastal and Marine Resources (September, 1973); (g) "Draft Environmental Atlas and Multi-Use Management Plan for South Central Louilsiana," Louisiana State University Center 2-3 for wetland Resources Dkn%nter, 1972); (h) "West Coast Deepwater Port Facility Study,," United States Army Corps of Engineers (June, 1973); (i) ,u. s. Deepwater Port study volume 4, The Environmental and Ecological Aspects of Deepwater Ports," Nathan Associates (Augustf 1972); (j) "Minimizing Damage to Refineries frarL Nuclear Attack, Na- tural and other Disasters," U. S. Department of Interior, M. M. Stevens (February, 1970); (k) "Offshore Terminal System Concepts," U. S. Department of Ccmrterce, Soros Associates, Inc. (Septamber, 1972); (1) "Tanker and Bulk Carrier Terminals, " The Institute of Civ- il Engineers, London, U. K. (NovsTber, 1969); (m) "The Georges Bai* Petroleum Study," Massachusetts Insti- tute of Tectmology, Cm1bridge, Massachusetts (February, 1973). Section 3 - Findings of the Authority Subsection 1 - Potential Stresses. - The Authority has determined, upon consideration of stresses which have occurred at deepwater port facilities in other parts Of the world, and at offshore production operations in the United States, and upon consideration of the peculiarities of Louisiana's coastal environment, that the potential stresses which might reason- ably be expected to result from the Authority development Program are those set forth below. a - Major oil spills from. maritime accidents, pipeline leaks* or the rupture or collapse of tanks have a very low probability Of 2-4 occurrence. Where such spills have occurred, there has been sub- stantial 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 spills, under certain conditions, could cause a nunt)er of effects: (1) Coating with oil: (a) oil reaching a beach in large quantities makes it almost uninhabitable for most animial and plant life in the immediate area involved, and destrcys its appeal for human recreation; (b) Oil apparently affects oxygen transfer with plant leaves. marsh grasses recover from. low level dosages, but heavy coating of the vegetation usually kills the plant parts above ground, and continued exposure usually kills the roots; (c) Oil sinking to the bottan of the water may smother benthic organisms; (d) Deposition of oil on substrates, such as rocks, sand, and mud, may cause the alteration of marine habitats; (e) oil slicks foul the hulls of com-nercial and recrea- tional boats; (f) oil coating adversely affects aquatic birds. In oil- matted plumage, air is replaced by water causing loss of both insulation and buoyancy; also, oil ingested during preening can have toxic effects; (g) Coating of organisms with oil may mechanically inter- fere with organism activities such as respiration, feed- ing, and locamtion, producing lethal or sub-lethal ef- fects; (2) Soluble compounds contained in oil may have a number of adverse effects on organism which come in contact with the 2-5 oil. The stress varies with the composition and concentration of oil, the biological sensitivity of various organisms, the season, the life stage of the organism (larval forms are par- ticularly sensitive), and the duration and frequency of expo- sure. The possible effects of oi.1 on individual organism way be classified as follows: (a) Immediate (acute) lethal toxicity; (b) Sub-lethal disruption of behavioral patterns; (c) Incorporation of hydrocarbons in-organism tissue, possibly causing flesh tainting, although most organisms purge themselves of hydrocarbons following removal of the source of contamination; (3) Some oil spill cleanup agents may have the lethal or sub- lethal effects described in sub-paragraphs (1) and (2) of this paragraph, depending upon the composition and rate of applica.- tion of the agent and the exposure of the organism; (4) Reduced oxygen content in the water nay increase the nor- tality of sea life in the area. The possible causes of oxygen depletion resulting from an oil spill are: (a) An oil slick may cbstruct light penetration through the water, decreasing photosynthesis and thereby reducing oxygen productior; (b) Biological and chemical oxidation of the oil way re- duce the oxygen content of the water; 2-6 (c) Biological and chemical oxidation of dead organisms may reduce the oxygen content of the water; (5) An oil slick is aesthetically displeasing; (6) Volatile fractions of oil will evaporate and could Omtri- bute to photochemical smog formation. b - Fires and explosions are potential stresses. A fire or explosion, under certain corxUtions, could cause the loss of human life, the destruction of natural resources and propertyr and dis- charge of oil into the natural environment. c - secondary developnmt resulting fran the Authority devel- oprent program is a major potential stress. (The Authority's poli- Cy With respect to secondary developnent is stated in Chapter 4, section 5, paragraph c) - Industrial development and related urban- ization ancillary to a deepwater port, if established in coastal wetlands, could cause the stresses set forth below. (1) secondary develOFLnmt in the wetlands could cause disrup- tion or alteration of water circulation Pattwm, salinity bal- ance, wildlife habitats, and nursery, spawning and breeding activities of wildlife. Recreational and agricultural lands, archeological and historical sites, and unique features Or habi- tats could be disturbed or lost. Increased populationdue to secondary developTmt in a wet- (2) 2-7 lands area could require additional land area for buildings and require additional Public services, such as schools, police and fire protection, sanitation facilities, water supply, and util- ities. (3) secondary developnvnt in a wetlands area could result in deterioration of air and water quality, increased noise, and increased quantities of solid waste. d - The 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 setting for recreational activities. If a pipeline transected a bar- rier island, a new tidal pass could be created if the pipeline excavation is not properly filled; (2) Barrier islands along the Louisiana coast are maintained 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. These currents are the prin- cipal avenues used by fishery species in their movment into and out of the estuaries; 2-8 (4) Tidal passes are critical along the Louisiana coast be- cause they control the water regime for the coastal wetlands,, and they provide a route by which migratory estuarine species can enter and leave. Alteration of a tidal pass could affect water circulation and the salinity balance within an estuary. Subsection 2 - Actual Stresses. The Authority has determined, based upon consideration of stresses which have occurred at deepwater port facilities and similar installations and upon consideration of the peculiarities of Louisi- anals coastal environment, that the actual stresses which might rea- sonably be expected to result from the Authority developnent program are as follows: a - General (1) The construction and operation of a deepwater port and on- shore facilities will generate air and water contaminants and solid waste, and will increase the noise level in the inviediate vicinity; (2) The construction and operation of a deepwater port and on- shore facilities adjacent to the coastline of Louisiana will lead to population increases which could directly affect the area as a result of increased employnmt directly associated with the Authority developrent program; 2-9 (3) The construction and operation of the onshore facilities will ncdify existing land use patterns and change the basic equilibrium or operation of the ecosystem in the innediate area and will affect wildlife habitat, recreational use, and nursery, spawning and breeding grounds for aquatic life in the iar@ediate area; (4) The construction and operation of the onshore facilities may cause increased erosion wherever revegetation of disturbed areas is not cm-plete. b - Constzvction activities related to a deepwater port and on- shore facilities include land clearing, excavation, dredging, pile driving, filling and back filling, and spoi.1 disposal. Actual stresses that will occur during construction operations are of a tem- porary nature and are generally limited to the nmediate area of the construction activity. They will include: (1) Destruction of benthas in offshore and estuarine areas; (2) Destruction or alteration of narsh vegetation, leading to an increase in the erosion rate in the area affected; (3) Increase in turbidity adversely affecting photosynthesis and respiration of aquatic life in the affected area; (4) Disruption of nursery, spawning, and breeding grounds for 2-10 aquatic life in the affected area; (5) Disruption of natural land habitats; (6) Disruption or alteration of existing water circulation, sa- linity patterns, and nutrient cycles which are necessary for the existence of many types of aquatic life and estuarine vegeta- tion; (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) Developnent of anaercbic conditions which adversely affects plant and animal populations. c - The operation of a deepwater port and onshore facilities will cause the following stresses: (1) operations of bulk cargo carriers, support vessels, and deepwater port and onshore facilities will generate sanitary, liquid, and solid wastes and garbage which will require treat- ment or disposal. (2) Small amounts of oil may be accidentally discharged fram some areas of a deepwater port facility, and fr(xn certain cn- shore facilities. The design and operational procedures re- quired by the Protection Plan and applicable law will minimize 2-3.1 le. Wherever such such discharges, to the fullest extent possibL chronic, low-level oil discharges occur, they can affect life form in the bmiediate area depending on the species and the de- gree of exposure. (3) The physical presence of the onshore facilities will af- fect aesthetic qualities in the immediate vicinity. (4) Secondary development throughout the State would result from the Authority development program. The oon centration of industry could, in turn, promote an increase in the associated commercial and economic activities. The immediate effects of these increases could involve changes in land use, leading to population growth and its associated demands on natural re- sources,, housing,, and pablic services. The Authority's policy with regard thereto is stated in Chapter 4, Section 5, paragraph C. LIIAPTER 3 SITE SM=ION'-/ Section 1 Statutory Authority a - Subsection J(2) of RS 34:3113 requires that the Protection Plan "describe the essential features of existing environmental data upon which the selection of a site for a Deep Draft Harbor and Tezr@- inal rray be based" ; "indicate how this data has been analyzed and caqmred with the inventory of potential and actual stresses" required by Subsection J(l) so that the site selected will result in the "least total stress on the envirom-ent"; "indicate how econcmic oonsidera- tions are cmipared with the assessed total stress on the environment to arrive at the best eoonamc-ecologic fonwla for detemination of a site for the Deep Draft Harbor and Terminal"; and "state the loca- tion and availability of the environmental data upon which these de- terminations are based." 1/ Several uncertainties exist in the Authority development program at the time of initial prcuulgation of this Protection Plan. Specifically, there exists no federal legislation regulating deepwa- ter port facilities, nor has either a detailed facility design or site been determined. Moreover, the Protection Plan is designed primarily to protect the enviromrent fzxn stresses resulting fran an oil transfer facility, although other types of cargo transfer facil- ities may be developed in the futuce. Final site selection will have to consider the design selected, and the precise uses for the facili- ties - information which is not presently available. Accordingly, in the initial prcoulgation of this Chapter,, the Authority invokes the provisions.of RS 34:31131, with respect to these uncertainties. 3-2 b - Subsection D of RS 34:3109 empowers the Authority "to take all necessary steps to protect Louisiana's unique coastal environ- ment fr= any short-term or long-term damage or harm which might oc- cur fram, any aspect of the Authority development program." Section 2 - General Provisions Subsection 1 - Statenent of Policy. This Chapter is intended to assure that consideration is given to a number ofalternative sites for a deepwater port facility and onshore facilities and that the sites selected will result in mini- mn ecological damage to any part of Louisiana's unique and camplex. coastal environment. 2/ a - The Authority adopts the following findings of the Louisi- aria Advisory Comassion (xi Coastal and Marine Resources as the policy of the Authority with respect to the protection of Louisiana's coast- al environment:2/ "The coastal zone of Louisiana is the most valuable yet the 2/ The Authority will require ccuparison of arry proposed site with alternative sites, including the three possible Louisiana sites examined by the United States Arny Corps of Engineers: The Southwest Pass site, the Bayou Lafourche site, and the Sabine Pass site. "Re- port on Gulf Coast Deep Water Port Facilities, Texas, Louisiana, Mis- sissippi, Alabama and Florida," United States Any Corps of Engineers (June, 1973). 3/ "Louisiana Wetlands Prospectus," Louisiama Advisory Ccmmission on Coastal and Marine Resources, pages V-3 & V-5 (September, 1973). 3-3 most ccnplex region of the state. Coastal and marine re- sources, including living resources, non-living resources, recreation, fish, wildlife, estuaries and water and land resources,, are of vital iq:)ortance to the people and econ- cay of the State and there is a genuine concern throughout the State for their planned and coordinated development and protection. "Living resources of the coastal zone are directly depen- dent upon viable marshes and swamps as integral parts of the estuarine system. Increa ing uses of the coastal zone for industrial and cmTnercial development, water resources development, recreation, tourism, urbanization, and trans- portation are creating conflicts between these uses. These conflicts, if not reconci-led, may diminish the natural ca- pacities of the estuaries to provide habitat for many spe- cies of marine life and wildlife, produce nutrients essen- tial to estuarine productivity, serve as a buffer against flooding and erosion of highlands, and aid in the assimi- lation of pollutants in the coastal zcne. "Development should not be prohibited in the coastal zone. However, 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 between devel- opnent and conservation. [A] planned, coordinated and concerted program should be condtrted by state government in conjunction with local governments to prevent the harm from uncoordinated and ill-planned develognent. of the state's coastal zone, both public and private. "It is further declared that it is the policy of the State of Louisiana to provide for the systemtic and regional man- agement of the state's coastal zone by planning for and en- couraging all reasonable and ccnipatible uses and by discour- aging unreasonable and incompatible uses. "The Commission 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 sustaining the state's fisheries and wildlife resources and recreational uses. This priority 3-4 does not lessen in any way the importance of other aspects of coastal resource use, such as economic 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 pl@ysiographic feature of our coastal zone-the wet- lands and coastal waters. "The CmmAssion recamiends 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. "(1) water flow, water circulation, water quantity and quality are the single most important factors of wetlands system, and the impact of uses on these fac- tors needs careful review prior to their authorization. "(2) Impact of uses on coastal marshes and estuaries must be neasured on a regional or ecosystem 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 system must be de- signed to encourage unban and industrial growth in oor- ridors where it is best suited, and discourage such growth in wetland areas which are substantially undis- turbed. "(5) Multiple use and econanically diversified uses must be preferred over single-purpose uses of the coast- al zone. " b The Authority recognizes that many aspects of site selec- tion for a deepwater port and onshore facilities cannot be rrade accord- ing to a precise formula, and that in many instances the ecological inpact of the placement of a deepwater port facility, connecting pipe- lines, or onshore facilities cannot be readily expressed in economic terms. 3-5 Subsection 2 - Findings of the Authority. a - Installation of a deepwater port facility off of the Lou- isiana coast has substantial econcnAc and ecological advantages aver other methods of transporting oil to Louisiana refineries. A deep- water port facility will locate port activity off the inuediate Lou- isiana coastline; further, the port will be used by large bulk cargo vessels which will permit the transportation of greater amounts of cargo in fewer ships, thereby reducing the possibility of ship col- lision 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 lim- ited in number to one and that the deepwater port facility, and its necessary pipeline connections and related onshore facilities, should occupy the minimum space necessary for their efficient and safe oper- ation. 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 Freeport, Texas, Louisiana, and Mississippi - AlabamaN 4/ "Report on Gulf Coast Deep Water Port Facilities, Texas, Louisi- ana, Mississippi, Alabama and Florida," United States Army Corps of Engineers (June, 1973), at page 111. 3-6 d - Based on the Report of the Corps of Engineers,, the draft erivironmeintal impact statement subutitted with the federally proposed Deep Water Port Facilities Act of 1973, and other related studies, the Authority finds that a deepwater port facility located off the coast of Louisiana, which would serve the Louisiana and midwest re- fineries, should be planned as a part of the national system of deep- water port facilities. Section 3 - Essential Environmental Considerations Subsection 1 - General. a - The Authority finds that proximity of a deepwater port fa- cility and onshore facilities to onshore development corridors will reduce the amount of wetlands area used for pipelines and onshore fa- cilities. The fullest possible utilization of development oorridors. represents an effective step in pursuance of the Authority's policy regarding secondary development in coastal wetlands, as stated in Chapter 4, Section 5, paragraph c. (1) A deepwater port facility and connecting offshore pipe- lines shall, to the fullest extent possible, be located in close proximity to onshore development corridors. (2) All onshore facilities shall, to the fullest extient possi- ble, be oonfined to development corridors. Lditionally, on- shore pipeline routings shall, to the fullest extxmt possible, 3-7 be confined to developnent corridors, or placed in or adjacent to existing pipeline rights-of-way or canals. Subsection 2 - Deepwater Port Facilities. a - Water Depth. (1) Dredging temporarily destroys benthos, temporarily in- creases bm:bidity which adversely affects photosynthesis and respiration of marine arwrals in the vicinity, and gerierates spoils which must be disposed of elsewhere. (2) Any deepwater port facility shall be located where the na- tural depth of the water is sufficient to assure against vessel groundings with the possibility of resultant oil spills. b - Navigational Fairways. (1) The use of designated navigational fairways for entrance to and exit fran a deepwater port facility will minimize the possibility of collisions which may result in oil spills. (2) A deepwater port facility shall be located in an area 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. c - A deepwater port facility shall be located in an area in 3-8 which existing offshore gas and oil platfonris will not interfere with the safe operation of the deepwater port facility, and in which the deepwater port facility, or navigation to and fran the deepwater port facility, will not interfere with the safe operation of existing off- shore structures. d - Sea Bottan Characteristics. (1) Poor foundation conditions, relatively steep seabed slopes, and mudlmp areas could endanger offshore installations, includ- ing the possible rupture of the offshore pipelines connected to a deepwater port facility. (2) A deepwater port facility and offshore pipelines shall be located in areas which have stable sea bottcxn characteristics. e - marine spawning Areas. (1) Installation of a deepwater port facility and connecting pipelines could disturb sea bottcm biological activity in the invediate area involved. Disruption over a wide-spread area could cause alteration of marine spawning activities. (2) To the fullest extent possible, a deepwater port facility and offshore pipelines shall not be located within, or tran- sect, identified marine spawning areas. f - If the offshore pipeline routing can avoid contact with ex- ------- ----- 3-9 isting submarine installations, the possibility of accidents is les- sened. To the fullest extent possible, the offshore pipeline rout- ing shall avoid crossings or other contacts with existing submarine installations. g - Barrier Islands. (1) Several stresses are created when a pipeline transects a barrier island, or when any significant construction is done on a barrier island. Barrier islands serve as a regulator for sait and fresh-4ater balance in estuaries,, serve as a sand source for beach fronts, help abate storm. surges, and provide a physical setting for recreational activities. If a pipeline canal on, a barrier island is not properly filled, a new tidal pass can be created. (2) Any significant construction activities on a barrier is- land could not be undertaken without provision for extensive erosion contml techniques,, which would impose additional eco- logical and physical stresses upon the barrier island. The lo- cation of a receiving terminal on a barrier island would be in- compatible with the recreational uses and natural functions of such islands. (3) The offshore pipeline routing shall not traverse any bar- rier island, and the onshore receiving terminal shall not be 3-10 located on a barrier island. h - Tidal Passes. (1) Tidal passes are critical along the Louisiana coast be- cause they control the water regime for the coastal wetlands, and they provide a route by which migratory estuarine species can enter and leave. (2) 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 kamedia- tely upon completion of pipeline installation. Casualty Oi.1 Spi.11s. (1) If a major oil spill fraL a vessel or from the deepwater port faci-lity reached the shoreline and entered the estuarine systm, extensive damage to aquatic life could occur. (2) To the fullest extent practicable, a deepwater port facil- ity and the navigational fairway or fairways shall be located where prevailing currents and winds will mkilnuze the probabll- ity of spilled oil entering the estuarine system. Subsection 3 Onshore Facilities. 3-11 a - The location of onshore facilities shall not inpinge upon or otherwise disturb historic or archeological sites. b - Poor foundation conditions could cause tanks to buckle or rupture. The receiving terminal shall be located in an area in which a stable foundation can be developed, and in which adequate contaummt and flood protection levees can be constructed. c - Wetlands. (1) Draining and filling wetlands destroys benthic populations and bottom spawning organisms, and removes the area from biolog- ioal ]productivity. Pipeline construction through coastal wet- lands could cause changes in estuarine water circulation Pat- terns, possible alteration of the fresh and salt water balance in the estuaries, and possible increases in the rates of erosion and subsidence. (2) The receiving terminal shall be located in an area in which a minimum alteration of wetlands is necessary for construction. (3) The routing of onshore pipelines through coastal wetlands shall be kept to a minimum. Section 4 - Economic and Envirormmtal Costs Subsection 1 - General Provisions. The economic and envircialamtal cost projections required by this 3-12 Section shall be included as part of any proposal prepared by or sub- mitted to the Authority in accordance with approval provisions of Chapter S. The eoonanic and envirom-ental cost projections required by this Section shall be uniformly expressed, and shall be estimated in accordance with the best available procedures. The sufficiency and acceptability of such data shall be reviewed independently by the three Directors. Subsection 2 - Econanic Costs.Y A projection or estimate of economic costs shall be stated for each proposed facility and site. The statement required by this Sub- section shall be a couplete projection of all costs associated with the construction and operation of the facility under consideration, except for those environmental costs required to be stated by the following Subsection, and shall include,, but not be limited to, a projection of or estimate of third party damages and increased gov- enmental services. Subsection 3 - Environmental Costs.-6/ To the greatest extent possible, a project proposal shall in- 5/ See "Report ozi Gulf Coast Deep Water Port Facilities, Texas, Louisiana, Mississippi, Alabama and Florida," United States Amy Corps of Engineers, Appendix E (June, 1973). 6/ See, "Louisiana Superport Studies, Report No. 3, Reoomiendations for the Environmental Protection Plan," Louisiana State Univer- sity Center for Wetland Resources, (Draft-October 31, 1973); "Draft Environmental Impact Statement-Deeruater Pcrts," United States De- partment of the Interior (June, 1973). 3-13 clude, a projection and valuation of all environmental costs associa- ted with each proposed facility and site, including but not linAted to: a - Capital costs for enviromental protection equiprient or fa- cilities required by any provision of this Protection Plan; b - The operating costs for enviromiental protection activi- ties required by any provision of this Protection Plan; c - The envirornental costs of all identifiable and quantifi- able stresses reasonably expected to result from the selection of the proposed site (wbich would include enviromental conVensation charges to be iaTosed by the Authority under any provision of this Protection Plan); and d - A list of all identifiable enviromental stresses reason- ably expected to result from the selection of the proposed site for which no realistic monetary valuation or projection can be made, and a statment of the reason or reasons why no rrmetary valuation or projection can be n-ade. Subsection 4 - Economic and aivirammtal Benefits.Y 7/ See "The Economic Impact of a Louisiana Offshore Oil Port," H. J. Miser Co. & Gulf South Research Institute, (May, 1973); "Re- Port on Gulf Coast Deep Water Port Facilities," United States Anrry Corps of Engineers, Appendices C, E & G (June, 1973). 3-14 To the fullest extent possible, a project proposal shall include a projection and valuation of the econm-&c and environmental benefits for each proposed facility and site, including but not limited to: a - The savings in transportation costs to be expected for each proposed site; b - The projected increased employment and employment benefits resulting frm the construction and operation of the facility; c - The projected increase in state and local tax revenues to be expected for each proposed site; d - The projected direct income to be earned by the facility; and e - An estimate or projection of environmental benefits to be expected from the proposed site of the facility. Section 5 - Site Approval Procedures. a The location of any faci-lity within the jurisdiction of the Authority shall be evaluated by the three Directors and shall be ap- proved by the Board of Comriissioners, in the manner provided herein- after. b.- Any project proposal submitted to the Authority pursuant to the provisions of Chapter 5 shall include specific site selection 3-15 data as required hereinafter. Me sufficiency of such data shall be evaluated independently by the three Directors. c - The person proposing a site shall provide environmental, engineering, and economic data and analysis for such reasonable al- ternate sites required by this Protection Plan and by the three Di- rectors. The data and analysis shall be sufficient to allow a rea- sonable ccalparison of alternate sites by the three Directors and should be sufficiently detailed to reveal the oomparative evaluation of the ecaxudc and environmental benefits, aists, and risks of the proposed action and each reasonable alternative. WIm an existing federal environmental impact statement or assessment already oon- tains such an analysis, its treatment of alternatives may be incor- porated, provided that such treatTmt is current and relevant to site selection considerations. d - The Authority recognizes that, although aooounting tech- niques for industrial matters are fairly precise, difficulties still exist in translating envirom-ental values into economic term. Des- pite the difficulties involved in determining an appropriate common denominator for the conparison of ecmiwac and environmental values, various attenpts to create economic-ecologic: formulas have been made.Y 8/ See, Sg., discussion contained in "Louisiana Superport Studies, Report No. 3, Recammmdations for the Environmental Protection Plan," Louisiana State University Center forlKetland Resources (Draft- October 31, 1973). 3-16 Although no single fonmla is sufficiently developed to be control- ling, consideration of various formulas provides a useful basis for comparing economic and environmental values. The three Directors shall solicit the assistance of environmental and economic special- ists in determining the extent to which the concepts and methods ex- pressed by existing econorrac-ecologic formulas or models can be ef- fectively utilizied in the site selection process,, and in making the other determinations required by this Section. e - Notwithstanding the limitations stated in the preceding paragraph, the three Directors shall, to the fullest extent possible, evaluate the proposed site and, to the degree necessary for reason- able comparison, shall evaluate the alternate sites in order to de- termine: (1) The extent to which the proposed site and the alternate sites satisfy the requirements of Section 3 of this Chapter; (2) The assessed total stress on the natural and human envir- onment which would result from each of the sites being com- pared; and (3) How ecauxdc considerations are compared with the assessed total stress for each of the sites, and whether the proposed site represents the best ecorxidc-ecologic accommodation. f - The three Directors shall make written reomuimdations re- 3-17 garding approval or disapproval of arry proposed site, which shall be based on full consideration of the foregoing regulations. The recom- mendations shall state the essential facts on which they are based. g - Subsequent to the submission of the recommendations of the three Directors to the Board of Cmutissioners and not less than thir- ty days prior to consideration of the recawendations by the Board of Comnissioners, public notice of the recamiendations shall be pub- lished, in the manner provided below, setting forth the general na- ture of the recommendations and the time, date and place of a meet- ing of the Board of Comnissioners at which the proposed site or sites wi-11 be considered, and at which the public will be given an oppor- tunity to present views. h - The notice required by the preceding paragraph shall be pub- lished by the Authority once a week for tbree consecutive weeks in the Authority's official journal, and in a daily newspaper in the lo- cality or localities most affected by the proposed project. i - Any interested person nuy file with the Authority a writ- ten statement, either supporting or opposing the re=nendations of the three Directors, and stating in detail his reasons therefor. j - Any interested person shall be given the opportunity to present orally a position on the proposed site at the meeting of the Board of Cannissioners at which the proposed site or sites will be 3-18 considered. k - The Board of Comdssioners shall appzove or disapprove a particular site for a proposed project, based on the report of the brmation. The Board's de- three Directors and all other relevant inf cision shall be nede as soon as possible after receipt of the Direc- tors' report, but in no event 1mger than 120 days after receipt of the recamendations of the three Directors. CHAPTER 4 CRITERIA FOR DESIGNY Section 1 - Statutory Authority Subsection J(3) of RS 34:3113 requires that the Protection Plan "state how the Deep Draft Harbor and Terminal facility design mini- mizes potential environmental damages, considers environmental fea- tures as a positive part of the design, and controls long-term. devel- opments so that growth and additions to the Deep Draft Harbor and Terminal do not result in random growth or in gradual eavirommtal deterioration." Section 2 - General Provisions Subsection 1 - General Stateamt. a - At the tire of the initial promulgation of this Protection 1/ Several uncertainties exist in the Authority development pro- gram at the time of initial pranUgation of this Protection Plan. Specifically, there exists no federal legislation regulating deepwa- ter port facilities, nor has a facility site been selected. Furth- er, the facility design set forth in this Chapter relates to petro- leum products only, although other types of cargo transfer facili- ties may be developed in the future. Accordingly, the Protection Plan is designed primarily to protect the env3xonment from stresses resulting from. an oil transfer facility. In the initial promulgation of this Chapter, the Authority invokes the provisions of PS 34:31131, with respect to these uncertainties. Further, should it be decided in the future that a deepwater port facility should be designed to handle cargo other than petroleum products, the design criteria con- tained in this Chapter would have to be revised. 4-2 Plan, only a deepwater port with a capacity to handle oil is being considered, although possible development of a deepwater port facil- ity for handling other types of bulk cargo has been anticipated. Me rules and regulations of this Chapter are intended to provide the greatest envirormiental protection from all types of deepwater port and onshore facilities, although the initial Protection Plan consid- ers primarily oil handling facilities. b - Based on information fran various sources, including the United States Army Corps of Engineers, the Louisiana State Univers- ity Center for Wetland Resources, the United States Department of the Interior, and the engineering consultants reta3ned by the Authority# the Authority has made a preliminary detenw-nation that, of all the various deepwater port facility designs considered for the handling of crude oil, the n=icbuoy system would cause the least environMen- tal stress to both the offshore environment and the Louisiana coast- line.2/ Subsection 2 - General Description. a - The deepwater pc)rt facility required by this Chaptex would 2/ The rules and regulations set forth in this Chapter are based on the best information presently available. They may be revised at arry time by the Authority, either on its own motion, or upon a showing by any interested person that another design for the pro- posed deepwater port facility and onshore facilities would have les- ser impact on the environment than that which is set forth herein. 4-3 consist of: navigational faizmys; one or more mondbuoy systems, an- chored to the bottan and designed to permit a vessel transferring cargo at the monobuoy to rotate around the noncbuoy a full 360 de- grees in accordance with winds, currents, and tides; and a control, pumping, and crew platform complex to which the rnonobuoys are ccnnec- ted by pipelines. b - The onshore facilities would include pipelines frm the un- loading facility to shore, a receiving terminal for temporary stor- age, and pipelines and pump stations for transporting the oil to a distribution system. onshore facilities may also include facilities which provide support to the offshore facilities through the shipping of supplies, disposal of wastes, transfer of men, and servicing of support vessels and equiFmmt. c - It is contenplated that the mondbuoy deepwater port facil- ity would operate in the following manner: a vessel with oil to transfer will moor at a mncbucy and transfer its cargo into a flex- ible hose affixed either to the wonobucy or to its base. Each mono- buoy will accomnodate one vessel at a time. The initial transfer frorn the vessel to the hose system will be brought about by pumps located on the transferring vessel. Once into the system, however, pumps located on the platfom complex will transport the oil from the nonobucy to the receiving terminal on shore, where it will be stored in tanks located in the terminal area. Thereafter, the oil will be 4-4 transported from the terminal area to a distribution systein. This last transportation will be brought about by purnps located at the terminal, and at various stages along the inland pipeline. Subsection 3 - Findings of Authority. a - Pursuant to subsection J(3) of FS 34:3113, the Authority considered the enviromental stress presented by each of the follow- ing types of deepwater port facilities: dredged diannels to existing port facilities, artificial island, floating and rigid platform, and mncbuoy systems. b - of all deepwater port facilities considered, the one ob- tained by dredging deep channels to existing port facilities would result in the greatest stress on the enviroment. The Authority finds that: (1) Massive dredging operations would be necessary, both to convert an existing Louisiana port into a facility capable of handling deep draft vessels and to keep the facility opera- tional. These dredging operations could result in the follow- ing environn-ental stresses: (a) Temporary destruction of benthos in the dredged area; (b) Te-aporary increase in turbidity which will adversely affect photosynthesis and respiration of aquatic life in the dredged area; 4-5 (c) Temporary 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 estua- rine regions of the State; (d) Generation of large an-ounts of spoil. This spoil would be difficult to dispose of onshore, and any offshore disposal would cover large amunts of productive bottan areas, resulting in the temporary disruption of spawning and breeding cycles of aquatic life residing in these areas, as well as the elimination of large an-ounts of ben- thos; (e) Saltwater intrusion which could both reduce the amount of fresh water available for darestic and industrial uses and alter the salinity balance of coastal waters necessary for the existence of many types of aquatic life; (f) The speed, volume and direction of surface and bottcm currents could be affected by the deepening of existing wa- terways. This could adversely affect the marine biota of adjoining areas not directly involved in the dredging op- erations; (2) Port congestion would be increased, thus increasing both the possibility of vessel accidents and the possibility of oil spills in the port area. c - A deepwater port facility established on an artificial is- land located in the Gulf of Mexico would have to be built up by the use of fill materials obtained from borrow areas. Although an arti- ficial island would be more acceptable enviromneatally than the dredged channel facility, and would include features that would off- set, to an extent, the envircmental stresses which it caused, the Authority finds that for an oil port facility, a monabuoy system would, on balance, cause fewer stresses to the environment. The Au- 4-6 thority finds that the positive and negative enviromental aspects of the artificial island facility, as compared to the rmnobuoy facil- ity, are: (1) The island would have to be designed, either by its shape, or by the use of separate breakwaters, to create a calm harbor for use by vessels transferring cargo. The island and its as- sociated brealwaters would alter currents and water circulation in the Gulf, as well as act as a barrier to wave actions. It is difficult to predict how such an cbstruction would affect the biota in the wetlands area of Louisiana, but some disruption may occur; (2) The island and its breakwater system would cover m3ny acres of sea bottan, thereby destroying permanently the benthic organ- isms at the site; .(3) Large aTrounts of fill rraterials would be required for con- struction of the island and its protective breakwaters. The temporary inpact on the borrow areas would be severe, includ3ng destruction of benthos in those areas, increased turbidity in those areas with the concurrent 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 no less than that 4-7 posed by a mncbuoy facility, and the danger of groundings and vessel raundngs with fixed structures would be greater. The in- creased potential for such accidents would, concurrently, in- crease the danger of oil spills and other pollution-generating incidents in the Gulf; (5) The artificial island facility would require more tine to construct than a imncbuoy facility, and the increased construc- tion time would result in prolongation of the anticipated en- vironmental stresses; (6) Although the island could be expanded at sone future date to permit handling of other bulk cargoes, such expansion would increase traffic congestion and, concurrently, the possibility of vessel accidents involving oil carriers. Further, such ex- pansion would create environmental stresses similar to those which would occur from constructing a separate facility for oth- er bulk cargoes; (7) The rock or concrete of the facility's revetuents and/or breakwaters could create a new habitat for many form of aqua- tic life; (8) Spill contaminant system and clean-up system can be in- corporated into the facility so that any oil spilled within the protected harbor ray be contained in the harbor area. 4-8 d - The fixed pier or rigid platform facility would consist of a structure attached to the sea-bottcxn. The floating platform faci-L- ity would consist of a buoyant platform anchored to the sea bottan. Vessels with cargo to transfer would berth alongside the platform and transfer their cargo into receiving areas located on. the platform. While more acceptable envirorunmtally than either the dredged channel or artificial island facilities, the Authority finds that either type of platform facility would be less desirable enviromnantally than the monobuoy facility. The follow3ng factors were considered: (1) With a platform facility, the danger of vessel collisions would be no less than that posed by a noncbucy, and the danger of vessel ranudngs with a fixed structure would be greater; (2) Without a protective breakwater, the periods during which a platform facility could be safely used would be greatly re- duced below that for a monobuoy facility. Further, the ability to contain oil spills in the area ot the facility would be iden- tical to that for a moncbuoy; (3) With a protective breakwater to provide a calm berthing area, the stresses and benefits would be similar to those lis- ted for the artificial island. e - In deciding, prelindnarily, on, the n-onobucy facility, the Authority considered the following factors: 4-9 (1) The only dredging required for a mondbucy would be that necessary for the construction of pipelines - a requirement for all types of deeFwater port facilities; (2) The monobucy facility would require the least amount of tn-e to construct, and thus would result in the shortest envir- onn-ental disruption; (3) All caTponents of the =10bucy facility have bem used and observed for many years throughout the world, with the result that the predictability of, and concurrently, the ability to minimize, environmental stresses posed by that facility would be enhanced; (4) Because of the distances separating the monobucys, the use of navigational fairways to approach, and depart from, the Mno- buoys, and the remoteness of the mondbuoy facility from existing ports, the possibility of vessel collisions would be as low as with other types of facilities; (5) Because vessels would transfer their cargoes at a relativer.- ly small, movable, floating buoy, rather than at a fixed struc- ture, the possibility of a collision involving a vessel and a fixed structure would be minimized, and, should a collision be- tween a vessel and a mondbucy occur, environmental stresses re- sulting therefrom, should be mininal; 4-10 (6) The bottom area below a moncbuoy facility would be only temporarily disturbed during the construction phase of the pro- ject. The limited permanent disruption that would occur would be restricted to anchors and platform piles, the least possible disruption associated with any deepwater port facility; (7) A mmcbuoy facility is the easiest to dLcmmtle and would pose the fewest problems should operations cease; (8) A monobucy facility may be used safely during more severe seas than may other types of deepwater port facilities, except those facilities protected by brealoaters; (9) A moncbuoy facility easily way be expanded in stages to reach maximum capacity by =mecting zdditdonal nmcbucys to the pumping plat-form. Thus, expansion of a mombuoy facility would result in minimal envircrmient disruption; (10) Iocal employment required to construct a rrcmcbucy facility would be as small or smaller than that required for the other facilities considered, thereby minimizing temporary population growth in the coastal wetlands associated with the construction of the deepwater port facility; (11) Construction activities for a monobuoy facility should not necessitate the erection of new industrial facilities in the coastal wetlands and would not create any greater deTands on 4-11 the region, local industry, local cammities, or on natural re- sources than other types of facilities; (12) The one disadvantage inherent in a moncbuoy facility, as ompared to a facility having a harbor protected by breakwaters, is that, should a major oil spill occur at the monobucy site, spill containment equigr*nt and procedures now available could not effectively restrict the spill to the iTmediate area except under favorable wind, current, and wave conditions. However, the possibility that such a spill would occur at a moncbuoy fa- cility is extrenely small. Indeed, no major oil spills have been reported as a result of unloading operations at any of the now-existing monobucy facilities. Section 3 - Design Criteria Subsection 1 - Introduction. The rules and regulations in this Section describe generally those design criteria for any deepwater port facility, but particu- larly one for handling oil, and onshore facilities subject to the jurisdiction of the Authority, which will minimize potential envir- omental stress. The design of arry such facility must be approved by the Authority and all appropriate State and federal agencies pri- or to its construction. In submitting a proposed design to the Au- thority, the procedures out-JAned in Section 7 of Chapter 5 of the Protection Plan must be followed. The Authority shall conduct ,n- 4-12 spections pursuant to Section 8 of Chapter 5 of the Protection Plan to assure adherence to the standards set forth herein,, during the constrwtion and operatlon of the deepwater port facility and on- shore facilities. Subsection 2 - General Criteria. a - The design criteria contained in this Subsection shall be applicable to all facilities subject to the Authority's jurisdic- tion. It is the policy of the Authority that the design of all fa- cilities reflect consideration of the highest applicable technology and minimize, to the fullest extent possible, all actual and poten- tial environmental stresses. b - The design of all facilities shall be in accordance with applicable industry standards and those of local, State and federal agencies. Citations to the relevant portions of such standards shall be submitted to the Authority with any proposed design. c - All facilities and related systems and equipnent shall be designed to permit safe operation under the maximum, operating loads and most adverse operating conditions to which each will be subjec- ted. Appropriate safety factors shall be included in all designs. d - All facilities and related system and equipuent. shall be designed to be made secure frcm the winds, waves, currents, tides, 4-13 flooding, and weather conditions associated with, or produced by, one-hundred-year stormss. e - Equipment in all facilities shall be designed and installed to minimize the amount of noise generated during their operations and in no event exceed that permitted by law. f - All facilities shall be designed to include the necessary air pollution control devices to treat any discharge of air contami- nants into the atmosphere, so as to insure that any such discharge from a facility under the Authority's jurisdiction meets all appli- cable standards. g - All facilities shall be provided with sufficient contain- ers for the storage of garbage and solid waste generated at that fa- cility. Such waste shall be removed to approved sites and disposed of in a manner approved by State and local health authorities. In no event shall solid waste be discharged from a facility under the Authority's jurisdiction into the environment, except as con sistent with a permit issued by the appropriate federal agency under the Marine Protection Research and Sanctuaries Act of 1972. h - All facilities shall be designed to include either sani- tary waste treatment facilities, or holding tanks for sanitary waste which shall be transported to approved treatment facilities. 4-14 bb sanitary waste shall be discharged frar a facility under the Au- thority's jurisdiction into the environment unless it is first treat- ed, and, at the time of discharge, meets all requirements applicable to the discharge of such waste, including those knposed by the Envir- ormiental Protection Agency and the Louisiana Stream Control Comnis- sion. i - All facilities which dispose of liquid pollutants shall be designed to insure that all liquid pollutants, including waste water, are treated prior to their discharge into the environment so as to meet all standards applicable to the discharge of such pollutants, including those of the Environmental Protection Agency, U. S. Geolog- ical Survey, and the Louisiana Stream Control ConTussion. j - All transfer, transportation, and storage facilities shall include appropriate safeguards and back-up systems in order to mini- mize, to the fullest extent possible, both the possibility of pollu- tion-generating incidents resulting from equipment and/or personnel failure, and the effects of such incidents that do occur. k - All oil transfer pumps shall include relief valves, which, when activated, will prevent pressure in the hoses, pipelines and tanks from exceeding recommended working pressures. Any oil relea ed by activation of the relief valves shall be contained, and not dis- charged into the environment. 4-15 1 - Master control switches sha11 be installed at appropriate locations. Such switches shall permit the remote control of all oil transfer pumps and positive shut-off valves in the pipelines and hoses of the oil transfer system. m - All onshure facilities shall be designed so as to negate the effects of subsidence, settling or other movements which could result in damage to any of the facilities, thereby causing the dis- charge of pollutants. n - All onshore facilities shall be designed to minimize ero- sion, to the fullest extent possible. Subsection. 3 - Deepwater Port Facility. a - The deepwater port facility shall consist of monobuoys, na- vigational fairways for approaching and departing from the monobuoys, and one control and pumping platform complex connected to each mono- buoy system by a pipeline. b - A navigational fairway or fair-ways for approaching and de- parting from the monobuoys must be maintained in a safe condition. The fairway or fairways shall be delineated with navigational buoys, and each such navigational buoy shall be equipped with a beacon to permit night approaches to and departures from the monobuoys. Navi- gational fairways, buoys, and beacons shall be provided in accordance 4-16 with the reccmiendations of the United States Anry Corps of Engin- eers, the United States Coast Guard, or other appropriate federal agencies. c - Moncbuoy Systems. (1) Each mondbuoy system will consist of the following major =rrponents: a floating moncbuoy, mooring equipment, an anchor- ing system, and a transfer hose system. (2) The hull of each monobuoy shall be designed to be an all- welded-steel structure, compartmentalized by water-tight bulk- heads and provided with positive flotation devices to prevent the buoy from sinking in the event of penetration of the hull. (3) The hull shall be fitted an all sides with a skirt or fender to minimize buoy damage in the event of collision with a surface vessel. (4) The mooring equipment and transfer hose system shall be designed so as to permit a vessel transferring cargo at a mono- buoy to rotate a full 360 degrees about the vonobuoy. (5) The hose system shall be equipped with po sitive shut-off valves. All positive shut-off valve--, shall be designed to be activated by ramte control, except that valve located on the end of the hose system which interfaces with the transferring vessel. 4-17 (6) All hoses shall be of reinforced construction to assure maxirrm flexibility, mechanical strength, reliability and long life. (7) The hose system shall be equipped with a positive*ground in order to prevent accumulation of static electrical charges. (8) The hose materials shall resist deterioration resulting from contact with all types of petroleum which may be trans- ferred through the system, including the arcmatic conwunds contained therein. (9) The hose system shall be designed with sufficient flota- tion to insure that the hose floats clear of the sea bottom during normal operations. (10) The hose system shall be designed so that it Nay be se- cured in the event of hurricane warnings or other emergencies. (11) All swivel units, connections, and couplings through which the hose system is attached, either to the mncbucy or to the transferring vessel, shall be designed and installed so as to assure, to the fullest extent possible, against the possibili- ty of accidental discharges into the waters of the Gulf. (12) All movable joints where petrolem products could be spilled in the event of a seal failure shall be designed with a mininum of two levels or stages of pressure seating seals. 4-18 Lubricated or greased parts shall not be exposed to the sea or to wave action in such a way as to allow lubricants to enter the water. (13) Each monobuoy shall be provided with all necessary equip- ment to insure navigational safety, including obstruction lights and radar reflectors. Floating hoses shall be provided with ob- struction lights placed at regular intervals along their length. NLavigational safety devices shall be designed in accordance with the reciomnendations of the United States Army Corps of Engineers, the United States Coast Guard, or other appropriate federal agen- cies. (14) The individual monobuoys shall be separated from each oth- er, and each such mncbuoy shall be separated from the platform complex, by such distances as ipay be necessary to assure safe operation. d - Control and Pumping Platform Conplex. (1) The platform conplex shall be equipped with sufficient pumping capacity to enable it to handle simultaneous transfers between all receiving mncbuoy systems and the onshore receiv- ing terminal, and shall also have standby pumping capacity to replace any of the pr=ary pumps which n-ay malfunction. (2) The platform shall be designed so as to furnish safe moor- 4-19 ing facilities for all support vessels. (3) The platform complex shall be designed to provide the ne- cessary quarters and support facilities for the number of per- sons required for ccmplete and safe operation of the deepwater port facility. (4) Platform surfaces shall be designed to include a deck drainage system for the containment of contaminants and contam- inated runoff water, so as to prevent their discharge into the Gulf. They shall not be discharged into the Gulf unless first treated so as to satisfy the most stringent requirements appli- cable to such discharges, including those imposed by the Envir- onmental Protection Agency, the U.S. Geological Survey, and the Louisiana Stream Control Commission. The platform ccmplex must be designed either to pro-vide treatment facilities for contami- nants and contaminated runoff water or to provide facilities to transport those substances to an approved treat:ment facility on- shore. (5) Devices for measuring weather conditions and wave and cur- rent patterns shall be installed on the platform conplex to pro- vide up-to-date information for use by the vessel traffic control center. Subsection 4 - Vessel Traffic Control System. 4-20 A vessel traffic control system shall be established, in order that all approaches to, and departures from, the moncbuoy system will be monitored, controlled and coordinated. The system shall in- clude, but shall not be limited to, cca(prehensive radio commmica- tion and radar monitoring system. The system shall be designed and located in accordance with the recoumendations of the appropriate qcvrernmental agencies, including the United States Coast Guard. Subsection 5 - Pipelines. a - Generally. (1) All oil transferred at the deepwater part facility shall be transported by pipelines. (2) The beach crossing of the offshore pipelines shall be de- signed for burial of the pipelines so as not to interfere per- manently with natural littoral processes. (3) All offshore pipelines shall be constructed of steel pipe, and shall be coated, wrapped, encased in concrete, buried and provided with cathodic protection against corrosion. (4) All onshore and offshore pipelines shall be designed to permit rapid shutdown in the event of pipeline failure and sec- tioning off of leaking pipelines by valving. b - Leak Detection. 4-21 (1) Autaratic leak-detecting devices shall be provided on all offshore and onshore oil transfer pipelines. (2) All such devices shall include an active surveillance sys- tem for constant monitoring and a device which, in the event of a leak, would sound an alarm at the affected monitoring station or stations including, but not limited to, the platfonn omplex, and autcnatically operate valves to isolate any leaking pipeline section. (3) monitoring stations for the leak-detection system in- stalled in oil transfer pipelines shall be established at appro- priate locations. (4) Each monitoring station shall be equipped with an alterna- tive nxmns for shutting-down and sectioning-off the pipelines which are monitcred at that station, to insure against failure of the automatic shut-dcwn system. Subsection 6 - Receiving Terminal. a - The receiving texminal should, to the fullest extent pos- sible, be located outside the productive wetlands, except location of all or part of the receiving terminal in the wetlands can be con- sidered, if justified by an econcmic-eicologic ocrnparison of alter- nate locations. b - The receiving terminal shall be protected by a levee sys- 4-22 tem of sufficient height and strength to protect it from flood wa- ters and other effects associated with an one-hundred year storm. c - Any portion of the receiving terminal located in environ- mentally sensitive areas shall be designed so as to occupy the smallest possible ground area consistent with safety considerations and protection against other environmental stresses. d - A treatment facility or facilities shall be constructed ei- ther within, or in the vicinity of, the receiving terminal to permit treatment of all contaminated or polluted liquids generated by, or collected in, the terminal area, before any liquid is discharged in- to the environment or leaked into ground waters. All discharges from the terminal area must meet the most stringent requirements ap- plicabie to discharge into the waters and streams of the State of Louisiana, including those established by the Environmental Protec- tion Agency, U. S. Geological Survey and the Louisiana Stream, Con- trol Commission. e - Spill Protection. (1) The receiving terminal shall be designed to minimize the possibility of contaminated liquids escaping therefrom, and to contain, in the smallest possible area, any contaminant which 4-23 rray leak or spill from any of the facilities located therein, or which may otherwise be collected therein. (2) Inpenreable enclosures (such as dikes) shall be constructed around all tanks inside the terminal. The nunber of tanks inclu- ded in each such enclosure shall not exceed four. Each enclosure shall be designed to prevent oil fram penetrating the ground, and shall be of sufficient size to contain the volume of the largest tank enclosed therein without spillage. (3) If any enclosure within the terminal area is not of suffici- ent size to contain the total volume of all tanks enclosed there- in without spillage, the terminal shall be designed to include secondary enclosures (which may consist of the terminal's protec- tive levee system) sufficient to prevent arry spilled substance from escaping into the area surrounding the terminal. (4) Inpen-neable enclosures shall be designed to insure that spilled materials, contaminated water and other liquids collec- ted therein are transferred to the treatment facility prior to their discharge froin the terrrinal area. f - All oil storage tanks shall be designed with floating roof tank tops to control venting of volatile vapors into the atirosphere. g - The terminal shall be designed to insure maximum security of the terminal area so as to prevent incidents which Could result 4-24 in stresses on the enviroment. The security measures shall include, but not be limited to: fencing around the entire perimeter of the terminal, limited entrances, automatic alam system, and environ- mentally acceptable illumination. h - To the extent practicable, the levee enclosures shall be designed to be compatible with the natural landscape. Subsection 7 - Support Facilities. a - Public Utility Services. (1) Any design for a facility under the jurisdiction of the Au- thority shall include a description of the amount and kind of public utility service, such as electricity and potable water, which shall be required for operation of that facility during each stage of its develognent. (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 ccuply with applicable provisions of this Protection Plan and all applicable enviromental regu-- lations of federal, State and local agencies, to insure that the environmental stresses caused thereby are n-dnimized. b - Support for Facilities. 4-25 (1) The Authority recognizes that various support facilities and activities will be required for the operation of the facil- ities under its jurisdiction. Such support activities and fa- cilities may include: (a) Vessels or aircraft for transporting personnel; (b) Vessels to assist in navigation and mooring; (c) Vessels and other facilities to assist in the contain- ment and removal of oil spills; (d) Vessels and other facilities necessary for the mainten- ance and repair of the deepwater port facility and onshore facilities; (e) Catering services; (f) Vessels and facilities for the removal and treatment of all types of waste g@nerated in the operation of the deepwater port facility and onshore facilities; and (g) Vessels engaged in the environmental monitoring pro- gram. (2) All such facilities and activities must omply with all ap- plicable standards and criteria contained in this Protection Plan and applicable envirom',Ental standards established by federal, State and local governmental agencies. c - Support for Vessels. (1) The Authority recognizes that vessels utilizing the deep- water port facility may have to be refueled and provisioned in the port facility area, and will require facilities for dispos- 4-26 ing of their garbage, solid waste, sanitaxy wastes, and bilge water. (2) Arry design for a deepwater port facility suhmitted to the Authority for approval shall include a full description of the proposed means for refueling such vessels and for providing for the disposal of their garbage, solid wastes, sanitary wastes, and bilge water, and when applicable, ballast water. (3) The facilities designed to accon-plish these purposes nust ccmply with all applicable standards and criteria set forth in this Protection Plan, and all applicable environmental standards established by federal, State and local govermiental. agencies. Section 4 - Positive Envirom-ental Features a - Concurrent Uses. (1) All facilities, and all developnents related to their con- struction, such as roads or canals, shall, to the extent physi- cally and econcuiically practicable, be designed to provide al- ternative, concurrent uses thereof for recreation, research and aquaculture where those uses are suitable for and ocnr-etible with the natural environment in the particular area. In the design of all such facilities, particular consideration shall be given to their possible use as stations for monitoring weath- er, air and water characteristics (including pollution levels) 4-27 and flora and fauna popilatuxis. (2) Before arry proposed design is approved by the Authority, the person submitting the design must show how alternative, con- current uses for the proposed facilities have been considered.. b - The vessel traffic control system shall, to the extent pos- sible, be integrated with that of the United States Coast Guard so as to enhance the coordination and control of vessel traffic in the area, thereby minm=ing the possibility of vessel accidents. c - Weather, wave, and current data obtained from instruments located on the deepwater port facility shall be made available, under such conditions as may be reasonable, to appropriate federal, State and local agencies. d - All. capabilities for the containment and clean-up of oil spills resulting from the Authority development program may be avail- able, on an appropriate basis, for use on spills not associated with the k-chority development program. e - Research Projects and monitoring Program. (1) The Authority shall sponsor research projects as provided in Section 5 of Chapter 6, and the Authority shall coordinate monitoring prograrrs as provided in Section 6 of Chapter 5. (2) monitoring programs, in covering the general area of the 4-28 facilities under the Authority's jurisdiction, will obtain in- formation on stresses resulting fran sources other than those facilities. (3) Results from, such monitoring programs shall be made avail- able to further appropriate research programs. (4) The Authority's annual report shall include information on all monitoring, research and compensation programs conducted, or sponsored, by the Authority. The annual report shall also contain summaries of all reoords maintained by the Authority re- lating to oil spills and cleanup and other environmental control programs- Section 5 - Control of, IELnj-Serm Develolmmt a - Facility Expansion. (1) In order to assure that growth of, and additions to, the deepwater port facility and related onshore facilities do not result in random growth or in gradual envirorm-ental deteriora- tion, any design for a proposed deepwater port facility and on- shore facilities submitted to the Authority for approval must include a general description of all planned or anticipated ad- ditions or expansions to each of said facilities. (2) Each such design shall specify (a) the initial size and 4-29 configuration of the facility; (b) the stages of development which the facility will experience and the projected completion date of each stage; (c) the maximum size and final configura- tion of the facility, and the estimated completion date for the project; (d) the estimated operational life-of the facility; (e) a proposal for phasing out and dismantling the facility; (f) the facilities needed to support each such facility during each stage of its development, including the increased demand for public services, such as waste treatment, fresh water, electricity, and access roads; and (g) the manner in which support areas will be utilized and restored to their natural condition, or reused for other purposes. (3) The Authority will not approve an addition, expansion, or change to any facility unless said-addition, expansion, or change has been described in the design of that facility origi- nally submitted to and approved by the Authority; provided that, such an addition, expansion, or change may be approved notwith- standing the requirements of this Subsection, if it will enhance the environment or reflects technical advances applicable to the design or construction of such facilities, and does, not result in any additional environmental stress; or such addition, expansion, or change may be approved if an environment assessment demonstrates the feasibility of the alteration without adverse environmental effects. Authority approval may be granted under 4-30 this Section if all provisions of Chapter 3 and Chapter 5, Sec- tion 7 are met, just as though the addition, expansion, or change were a new facility. (4) The Authority shall consider petitions from any interested person regarding additions, expansions, or changes in the de- sign of a facility already approved by the Authority, where such changes would minimize environmental stress. (5) Notwithstanding any other provision, based on environmen- tal considerations, the Authority may refuse to authorize any addition, expansion, or change, even if said addition, expan- sion, or change had been described in the design initially ap- proved by the Authority. b - future Bulk Terminal. (1) The design for a proposed deepwater port facility and on- shore support facilities shall take into consideration the pos- sible construction of another terminal for bulk cargoes other than oil in order to minimize, to the fullest eextent possible, the possibility that the construction and operation of one fa- cility would interfere with that of the other. (2) Any future deepwater port facility designed to handle bulk cargoes other than oil must comply with the applicable design criteria and other provisions of this Protection Plan and any 4-31 amm&-ents thexeto. (3) The design and location of arry such facility shall, as a n-dnium: (a) Minimize vessel congestion; (b) Provide for treatment of all atrmspheric contai@nts and sanitary and other liquid wastes prior to the discharge of such substances into the envirorment; (c) Provide for the disposal of solid waste at approved sites; (d) Cause the least possible environnental disruption dur- ing construction; and (e) Be in accordance with applicable industry standards and those of federal, State and local agencies. c - Secondary Developnent. (1) It is the policy of the Authority to take no action which would support, and whenever possible, to take action to discour- age or prevent, the establishment of incarpatible or excessive secondary industry and urban developnent which is not in accord- ance with the environnmtal objectives of the State of Louisi- ana, such as those contained in the reccmuendations of the Lou- isiana Advisory Camission on Coastal and Marine Resources. The Authority recocanzes the need for, and encourages the adoption of, appropriate legislation establishing coastal zone manage- ment within the State of Louisiana. (2) All facilities, including shore-based facilities and ves- 4-32 sels, owned, controlled or operated, either by owners or opera- tors, or persons who have entered into contracts with the Au- thOrItY Or Owners or operators for providing support services related to the construction or operation of any facility under the Authority's jurisdiction, shall be so designed, constrLrted, equipped and operated to conply with the provisions of this Pro- tection Plan and all applicable environmental standards estab- lished by federal, State, or local governmental agencies. (3) The requirements set forth in the preceding paragraph shall be a condition for the granting of any approval by the Author- ity, or the validity of any contract entered into with the Au- thority or an owner or operator for support services related to the construction or operation of any facility under the Author- ity's jurisdiction. Failure to couply with the provisions of said paragraph will provide sufficient grounds for the withdraw- al of any approval granted by the Authority, or the cancellation of any contract for support services related to the construction or operation of any facility under the Authority's jurisdiction. (4) Th the extent pmdtted by law, the Authority hereby adopts the following provisions with respect to feeder pipelines which rpay be connected with, or tapped into, facilities under the Au- thority's jurisdiction: ,a) Any design sdmmtted to the Authority for approval 4-33 shall include a description of the locations where feeder pipelines are expected to be connected with, or tapped in- to, that facility, and a description of the size and pro- posed route for the feeder pipeline. If no such connec- tions or taps are contenplated at the time of the subrras- sion of the design, the person submitting the design shall so state in writing; (b) The infoxnation required in the preceding sub-para- graph must be provided for any proposed connection or tap for a feeder pipeline, which was n(,t described in the ini- tial design submitted to the Authority, at the same time that application is made to any governIL ntal agency for permission to construct that pipeline, but before rights- of-way therefor are aagUred, or construction thereof is conrcenced; (c) In deciding whether to approve the construction of a proposed connection or tap for a feeder pipeline, the Au- thority shall consider the environmental stresses present- ed by that pipeline. In no event, however, shall the Au- thority approve any connection with, or tap into, the fa- cilities under its jurisdiction if such connection or tap may result in a new feeder pipeline being located in the unmodified wetlands or would otherwise violate the envi- ronmental objectives of the State of Louisiana. New feed- er pipelines which are adjacent to existing lines, struc- tures, or modifications may be considered if they do not significantly increase the environmental stresses in the wetlands; (d) The Authority shall determine whether to approve any such proposed connection or tap on a case-by-case basis. CHAPTER 5 OPERATICN AND ENFORCEMENT PROCEDURES 1/ Section 1 - Statutory Authority a - Subsection J(4) of RS 34:3113 requires that the Protection Plan "[present details of how the operational aspects of the Au- thority development program will be conducted so as to minimize en- vironmental problems, including, but not limited to, a monitoring program by the Louisiana wild Life and Fisheries Commission; estab- lishment of constructional and operational guidelines for environ- mental protection; strong enforcement provisions, and mechanisms to insure cleanup of accidental spills by technical means, with a sure- ty bond to insure performance." The statute further states that the Protection Plan "shall consider the circumstances which may justify the temporary cessation of port activities." Section 2 - General Provisions Subsection 1 - Implementation of Protection Plan. 1/ At the time of the prarulgation of the Protection Plan, no fed- eral legislation has been adopted to authorize construction or regulate the operation of a deepwater port facility, and neither the site nor the details of the design for such a facility have been se- lected. Moreover, future development of facilities for handling bulk cargoes other oil is uncertain. To the extent that these uncertainties affect the sufficiency and detail of the regulations set forth in this Chapter, the provisions of RS 34:31131 are invoked and more specific regulations will be provided by subsequent amend- ment to the Protection Plan. 5-2 a Subsection G of FS 34:3113 provides that the three Direc- tors shall carry out the requiremnts of the Protection Plan and that it "shall be an integral part of the Authority DevelopTent Program." Subsection A of M 34:3113 requires that the details of the Protection Plan be "followed in all respects by the Executive Director in carrying out any aspect of the Authority Developnent. Program." b - The Authority shall provide such assistance as may be necessary to carry out the provisions of the Protection Plan. c - An Envirormntal Director shall be enplayed by the Au- thority, which shall establish such qualifications, based on the recmrv.ndation of the three Directors, as may be necessary to as- sure that the person selected is professionally trained and ex- perienced in environmental matters. d - 7he Enviramntal Director shall be under the direct su- pervision of, and responsible to, the Executive Director. e - 7he Environmental Director shall, in addition to any oth- er duties and responsibilities which may be assigned: (1) Maintain such records as required by the Authority, in- cRxIing, but not 12.-mitqd to, inspection and maintenance rec- ords, records regazding the handling of oil and other hazar- 5-3 dous substances, records of monitoring and compensation pro- grans, and records pertaining to pollution incidents, cleanup activities, and corrective measures taken in connection there- with; (2) implement, either alone or in cooperation and coordina- tion with other officials who way be responsible, such monitor- ing, research, and compensation programs as nay Joe necessary to ccmpensate the environment for loss sustained through stresses resulting from the Authority development program; (3) Establish inspection program, to be conducted by repre- sentatives of the Authority, designed to insure frequent inspec- tion of all vessels, facilities, and operations subject to the Authority's jurisdiction; (4) Monitor all operational and contingency plans approved by the Authority; (5) Enforce compliance with the provisions of any operational and contingency plan in cases in which owners or operators fall Lo comply with the provisions of such plan; (6) Enter into and maintain, on behalf of the Authority and with the approval of the Board of Cmmissioners, agreements with independent contrictors and local, State, and federal agencies to provide personnel and eqiigrent required to enforce or carry 5-4 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 Na- tional Contingency Plans; (8) Review operational and contingency plans periodically and recommend to the three Directors and the Board of Commissioners changes to such plans and corrective measures to minimize and prevent pollution incidents; (9) Establish and maintain liaison with local, State and fed- eral agencies having jurisdiction over any aspect of the Au- thority developTent program; and (10) Prepare a report which shall be included in the annual re- port of the Board of Condssioners published pursuant to RS 34:3106A, and which shall contain the following information re- garding matters within the Authority's jurisdiction: (a) A description and quantification of any pollution in- cidents which occurred during the preceding year, as well as the inpact of such pollution incidents; (b) The clear-up activities undertaken as a result of such pollution incidents, and corrective action taken by the Authority, and by owners and operators to prevent the recurrence of such pollution incidents; (c) The inspection-, monitoring, research and compensation activities which ware conducted or paid for by the Author- 5-5 Ity 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 - When, 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 Iouisiana, or could re- sult in damage to the environment, the Environmental Director shall recommend the issuance of an emergency order, or other appropriate action, as provided for in this Protection Plan. Subsection 2 - Operational and Contingency Plans. a - Each owner or operator shall submit to the Authority an operational and contingency plan, which plan shall include the foi- lowing information: (1) Operating procedures, including a description of the op- erational organization and personnel responsibility; (2) A description of all equipment and facilities, includ- ing all safety and pollution-prevention equipment, with plans and diagrams of all functional areas; (3) An activities checklist for safety and pollution preven- 5-6 tion procedures 34cluding emergency procedures to be followed in the event of fire, explosion, collision or other emergency situations; 2/ (4) Inspectim and maintenance procedures, including provi- siorm for periodic testing of all safety and pollution preven- tion equipment; (5) Procedures for monitoring of all liquid discharges and emissions of air contaminants wben appropriate; (6) Provision for keeping records of maintenance and inspec- tion activities, including provision for submissim of such records to the Authority; (7) Procedures for reporting of all pollution incidents, in- cluding a spill prevention control and countermeasure plan and an oil and hazardous substance pollution contingency plan, or other similar plans, prepared in accordance with law. An opexational and contingency plan shall further specifically provide for: 2/ See, e.g., "Port of Milford Haven Emergency Plan" (N=il, 1972). 5-7 (a) Submission to the Authority of a written report set- ting forth the quantity and cause of any pollution inci- dent; (b) Submission to the Authority of a report of cleanup activities and an evaluation of the effectiveness there- of; (c) Submission to the Authority of a report of the en- vironmental urpact of any pollution incident with the provision for issuance of supplemental reports period- ically thereafter until the Authority determines that substantial environmental recovery bas been effected; and (d) Submission to the Authority of proposed corrective measures to prevent recurrence of similar pollution in- cidents; (8) Procedures for cessation of activities in the following circumstances: (a) Upon request of a duly authorized representative of the Authority; (b) In the event of fire, explosion, severe tropical storm, hurricane or other hazardous condition which en- dangers human life or the environment; (c) In the event of malfunction or overloading of any facilities or equipment resulting in State or federal water or air quality standards being exceeded; and (d) In the event of malfunction of safety or pollution prevention equipment in cases in which no back up system is available for immediate use; (9) Procedures for dismantlemant and removal of abandoned or damaged facilities, equipment, and vessels which pose a risk to either safeb., or the environment. 5-8 b - No person sha 11 conduct any activities subject to the Au- thority Is jurisdiction unless an operational and contingency plan covering such activities has been approved by the three Directors and the Board of Conniissioners. Subsection 3 - Anti-Pollution Policy. a - Arry person conducting operations or activities subject to the Authority's jurisdiction shall use all practicable means to conduct all such operations and activities in a manner which will assure the fullest protection of the enviraunent. without degrada- tion, risk to health or safety, or other undesixable and unintend- ed consequences. b - No person subject to the Authority's jurisdiction shall discharge any pollutants in any quantities or concentrations which exceed applicable local, State, or federal standards or which vio- late any regulation of the Authority. c - Any person responsible for a prohibited discharge shall inraediately take all appropriate steps to abate and cleanup the discharge to the Authority's satisfaction. Notwithstanding the foregoing requirement, the Authority way undertake the abatenent and cleanup of the discharge whenever the person responsible for such abatement and cle-m-iup fails to take appropriate action and all 5-9 costs associated with the abatement and clean-up of the discharge will be charged to the person responsible for the discharge. Section 3 - Surety Bond Requirements a - Subsection J(4) of F,:S 34:3113 requires the posting of "a surety bond to insure performance" of the enforcement and cleanup provisions of this Protection Plan. b - Each owner or operator shall establish and maintain with the Authority a surety bond, or couparable form, of security accept- able to the Authority, as provided in these regulations, as secur- ity in an amount sufficient to cover all costs and expenses in- curred by the Authority in the abatement and cleanup of oil or oth- er pollutants and all costs of caqxnsating Louisiana's environ- nmt for loss or damage thereto resulting fran arry violation of the Authority's rules and regulations or any condition of any ap- proval of any operation or project, granted by the Authority. The security provided will be conditioned on the owner's or operator's caL:)liarx;e with the requirenmts of the Authority's rules and reg- ulations and any conditions otherwise imposed by the Authority. The specific amount of the security shall be established by the Authority by amendment to this provision and shall be based on a thorough consideration of all environmental stresses involved and other forms of security provided through the Louisiana Erivironmen- 5-10 tal Protection Fund, or under federal law or voluntary agreements. c - Surety bonds, or carparable fornis of security, provided by anowner or operator pursuant to federal law, shall be accepted by the Authority in lieu of the security required by this Section to the extent that such security satisfies the requirements of this Section. In no event shall security be required under this Section which duplicates requirements of federal law. The security provi- ded under this Section shall be payable to the Authority and the Louisiana Environmental Protection Fund (as provided for in Chapter 6), in an amount sufficient to pay all costs as set forth in b, above. d - Owners or operators nust file an application for a certi- ficate of financial responsibility at least 60 days in advance of any construction, use, or operation of arry deepwater port facility or other property subject to the Authority's jurisdiction. e - The Authority shall provide the required application fonu 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, however, that requests for expedited consideration will be granted if good cause is shown by the applicant. Every applica- 5-11 tion filed pursuant to this Section, whether for original issuance of a certificate or renewal thereof, must be accompanied by an ap-- plicaticn, fee as per schedule to be annexed hereto, adopted by amendment to this provision. g - All applications,. evidence, documents, and other state- ments required to be filed with the Authority shall be in"English, and any monetary terms shall be expressed in terms of United States currency. The Authority shall haw the right to verif@ any state- ments made, or evidence submitted, under this Section. h - Any security obligation filed with the Authority hereun- der shall be issued by a person authorized to do business in the State of Louisiana and acceptable to the Authority, in the amount required by this Section. i - The security obligation sdbrnitted to the Authority here- under shall set forth in full the correct name of the person to whom the certificate is to be issued and shall be signed by a duly authorized officer or representative of the applicant and submit- ted with evidence of his authority. j - In the event of any nonmaterial change in the facts as reflected in the application, the applicant or certificant shall notify the Authority in writing imTediately, and in no event later than fifteen (15) working days following such change. For the p;ur- 5-12 pose of this Section, a ==eterial 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 d errdse, sale, or transfer) a certificant ceases to be responsible hereunder, the certificant shall, within five (5) working days, submit the follow- ing written infonnation to the Authority: (1) 7he nunber of the certificate and the narre and descrip- ticn of the vessel or property involved; (2) The date on which the certificant ceased to be liable; (3) '1he narre and railing address of the person to whom the vessel or property involved was sold or transferred, if any; and (4) The location of the vessel or prcperty on the date in- dicated in subparagraph (2) of this paragraph. 1 - Each person subject to the provisions of this Chapter, including any a;Dplicant, insurer or surety shall furnish a written designatim of a persm in the State of Louisiana as agent for ser- vice of legal process. Such designation nust be admawledged, in writing, by the designee. In any instance in which the designat- ed agent cannot be -served because of his death, disability, or un- 5-13 availability, the Secretary of State of Louisiana, will be deen-ed to be the agent for service of process. When serving the Secretary of State in accordance with the above provision, the Authority shall also attenpt service an the certificant, insurer or surety as the case may be, by forwarding a copy of the process by registered niail to its last kncwn address on file with the Authority. m - If any security obligation filed with the application does not comply with the requirerrents of these rules and regula- tims, or if for arry reason fails to provide adequate or satisfac- tory protection as required by law, the Authority shall notify the applicant, as prarptly as possible, stating the deficiencies there- of'. n - Confidential financial data filed in connection herewith shall be afforded the saire protection given in the Courts of this State. o - whenever a security obligation has been filed properly in accordance with these rules and regulations, the Authority shall issue a separate certificate covering each vessel or other proper- ty involved, evidencing the Authority's finding of adequate finan- cial respcnsibility to met the requirements of these rules and regulations. Each certificate shall be valid for aie year, or for such longer period as has been specified thereon. 5-14 p - The certificate issued pursuant to these rules and reg- ulatiais, or a copy thereof, nust be irrvediately available to the pub 1 J c at all tives, at the property or operation to which the cer- tificate relates - Where it would be physically or practically im- possible for the certificate, or a copy thereof, to be imediately available, the Authority shall be so notified, and the certificate shall be retained at a specified location in the State of Louisi- ana and kept readily available for public inspection. q - A certificate shall become null and void upon cancella7- tian or tennination of the security obligation, or as otherwise provided under these rules and regulations. r - No security obl i gatian filed with the Authority hereun- der shall be released until the Authority has certified that the property or operation for which such security was posted has not been a source of pollution for which arry liability remains out- standing. Section 4 Construction Guidelines a - All construction projects approved by the Board of Ccrrr- missioners and conducted within the Authority's jurisdiction shall be perfonned in a manner that will ninimize, to the fullest extent possible, all actual and potential stresses on the natural and hu- non environmnt. All such projects shall be conducted in accord- 5-15 ance with applicable industry standards and those of local, State, and federal agencies. b - The Authority's inspection of any construction project subject to the Authority's jurisdiction shall be coordinated with rmnitoring prograirs conducted by the Louisiana Wild Life and Fish- eries Cannission and other govenumntal agencies. c - Construction features, constructed by or at the direc-- tion of an owner or operator, such as canals, roads, fill areas, dikes, and bulkheads, shall be considered facilities for the pur- poses of the inspection and maintenance required by an owner or operator under paragraph b of Subsection 1 of Section 5 of this Chapter, unless otherwise designated by the Authority. d - All work areas stibject, to the Authority's jurisdiction shall be physically maintained at the highest standards reasonably possible. In any case when, after notice, a person fails to coaply with this regulation, the Authority may pay such costs as may be necessary to assure carpliance, and charge such amounts against the responsible owner or operator involved. All contracts for con- struction projects subject to the Authority's jurisdiction shall contain specific reference to this requirermnt. e - All liquid and solid waste fran any construction subject to the Authority's jurisdiction shall b-- handled, treated, and -5-16 disposed of in accordance with. the regulations of, and procedures approved by,, federalf State, and local agencies. f - All equiprent, facilities, and system , subject to the Authority's jurisdiction, shall be certified as required by law and shall be tested as necessary to assure their proper operation. g - Any person engaged in construction of a project subject to the Authority's jurisdiction shall use only such work areas, access roads, and access canals approved by the Authority for the work involved, and shall to the fullest extent possible: (1) Use existing work areas, facilities, and access routes; (2) Avoid interference with the patterns of any littoral drift and littoral currents; (3) Avoid interference with, or disruption of, natural drainage or natural water circulation; (4) Prevent saltwater intrusion into existing surface or un- derground fresh water bodies; (5) Avoid closing off existing tidal passes; (6) Perfonn dredging operati-ions in a manner which will not significantly affe--t marine organisms outside of the imnedi- ate dredge and spoil areas; 5-17 (7) Obtain fill material from areas approved by the Louisiana Wild Life and Fisheries Commission or other appropriate gov- ernmental agencies, and in doing so, avoid any possible loss of habitat or any increase in the rate of erosion; (8) Refrain from any activity which might significantly in- crease the rate of erosion; (9) Provide for initiation, implementation, and completion of appropriate action to insure compensation of areas damaged by construction activities; and (10) Avoid interference with, or disruption of, spawning ac- tivities or natural migration and movements of any aquatic animals. Section 5 - Operational Guidelines Subsection 1 - General Provisions. a - All operations approved by the Board of Commissioners and conducted within the Authority's jurisdiction shall be conduct- ed in a manner that will minimize, to the fullest extent possible, all actual and potential stresses on the natural and human environ- ment. All such operations shall be conducted strictly in acoord- ance with applicable industry standards and those of local, State, and federal agencies and in accordance with the provisions of any 5-18 operational and contingency plan covering such operations. b - Any owner or operator shall perform regular inspection and maintenance in accordance with approved operational and cm- tingenpy plans. Subsection 2 - Operator Training and Performwice. a - All operating personnel whose activities may directly or indirectly affect safety or the environment shall be qualified under industry standards to perform the duties to which they are assigned and shall be licensed and certified in accordance with law. b - The Zxe@cutive Director, or his duly authorized represen- tative, imy, at any time, require evidence showing that arry opera- tor is qualified to perform his duties or is properly licensed or certified. c - Whenever it is determined by the Executive Director, or his duly authorized representative, that any individual is not qualified to perform his duties, not properly certified or li- censed, or has been guilty of deliberate or flagrant disregard of arry environmental or safety regulations or procedures, such indi- vidral may be prohibited from performing further duties with re- spect to mLtters subjact to the Autl-xorityls jurisdiction. 5-19 Subsection 3 - Navigation and mooring. a - Any owner or operator of any facility subject to the Au- thority's jurisdiction shall not permit the use of such facilities by any vessel which fails to met all applicable standards and reg@ ulations of any federal or State agency having jurisdiction over the matter involved. b - The Authority shall take all appropriate measures to in- sure cooperation with the United States Coast Guard, or any other federal agency or department, to encourage and assist in the do:-- velopment of regulations pertaining to: (1) Establishment and marking of mandatory navigational fair- ways for vessels using deepwater port facilities; (2) Radar monitoring of vessels in the vicinity of deepwater port facilitits; (3) Vessel traffic control system for vessels using deepa- ter port facilities; (4) Fairway navigational aids; (5) Use of licensed pilots and/or nmring masters on vessels using deepwater port facilities; and (6) Deesignatd-aa of safe anchorage areas for vessels using 5-20 deepwater port facilities. c - In addition to any other requirevents of this Protection Plan, any amex or operator shall include in any operational and contingency plan governing any activities subject to the author- ity's jurisdiction, the following inforraticn: (1) Safety and check-off procedures; (2) Moring and departure procedures; (3) Navigation procedures; (4) Erwrgency procedures for vessels in distress; (5) Cessation procedures; , 1 (6) Procedures for notification of hazards and pollution incidents; and (7) Pollution and oil spill contingency procedures. Subsection 4 - Transfer, Transportation 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 juris- diction shall conply with all applicable industry standards and regulations and standards of local, State, and federal agencies, 5-21 and shall minimize, to the fullest extent possible, all actual and potential enviromLental stresses. b - Men necessary for the regulation of matters subject to the Authority's jurisdiction, the Authority shall take all appro- priate 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 haz- ardous substances. Subsection 5 - Waste Disposal. a - Each owner or operator shall comply with all applicable regulations and standards pertain3ng to disposal of wastes. b - In addition to any other requirement of this Protection Plan, each owner or operator shall submit operational and oontin- gency procedures for the handling and disposal of waste materials, whether treated or untreated, which shall include: (1) Waste collection procedures; (2) Disposal procedures and sites; (3) Operating procedures for treatment of such waste; 5-22 (4) Reporting procedures for transfer of waste materials; (5) Alternative procedures for waste disposal in the event of malfunction or overloading of treatment and disposal fa- cilities; (6) inspection procedures to minimize equipiment or personnel failures in waste disposal systems; (7) Reporting procedures for pollution incidents; (8) Cleanup procedures for pollution incidents; and (9) Cessation procedures for operations in areas affected by malfunctioning or overloading of waste treatment or dis- posal facilities. c - No owner or operator shall permit any outdoor burning of waste materials, including oil, except in extraordinary circum- stances approved by the Emcutive Director. Section 6 - Monitoring, Proqrarre a - Subsection J(4) of FS 34:3113 requires "a monitoring program by Louisiana Wild Life and Fisheries Ccmission" as an op-- erational aspect of the Authority development program. The Act further requires "that the Authority DevelopTent Program be pur- sued so that there is full coordination and cooperation between 5-23 agencies and groups that have couplemmi ting or overlapping inter- ests and the Authority." (RS 34:3114A). However, the Act further provides that nothing contained therein "is intended to diminish in any way the authority of the Louisiana Wild Life and Fisheries Can- mission." (RS 34-.3113K). b - The Authority shall take all appropriate measures to en- ter into an agreement with the Louisiana wild Life and Fisheries Commission regarding cooperation and coordination of the develop- mant and implementation of monitoring program undertaken by the Louisiana Wild Life and Fisheries Commission pursuant to RS 34:3113 J (4). c - To the extent possible, monitoring program shall be coor- dinated with program conducted by universities and local, State, and federal agencies. d - Unless the following monitoring program are undertaken by the Louisiana Wild Life and Fisheries Cmuission, the Authority shall establish and maintain, with the approval of the Louisiana Wild Life and Fisheries Conn&ssion, such monitoring programs as recommended by the three Directors and approved by the Board of Commissumers. Any monitoring program approved hereunder shall be designed to acccuplish only the surveillance of the Authority de- velopnent program and shall include, but not be limited to, monitoring of: 5-24 (1) The environmental stresses caused by oil spills and oth- er polluting instances; (2) 'Ihe air and water pollution levels in the Louisiana coas- tal environment; (3) The offshore water column and offshore benthos; (4) shoreline, estuarine marsh, and freshwater swamp vegeta- tion and fauna; (5) 'Ihe nunber, movement, and spaA-Ling and breeding cycles of wildlife in the Louisiana coastal environment; (6) Saltwater intrusion; (7) Water circulation and drainage; and (8) shoreline erosicn and erosion a1mg pipeline canals. e - The Authority shall take all necessary steps to insure that monitoring stations are established for all significant fa- cilities and activities subject to the Authority's jurisdiction and at such other places as may be appropriate. Mcnitoring sta- tions used for an initial project assessment shall be utilized whenever appropriate. f - Monitoring teduiiques may include standard air, water, 5-25 and sediment sampling and analysis methods; visual observation from aircraft, boats, marsh vehicles, land vehicles, and from persons on foot; aerial photographs, including infra-red techniques; and stand- ard marine population sampling techniques. g - Before the establishment of arry monitoring program, the three Directors and the Board of Conrmssioners shall actively sol- icit the advice, consultation, and recamvndations of recognized envirormmtal organizations and envirormental specialists. h - The Authority shall take all necessary steps to insure that an imnediate investigation is made of the cause and effect of arry stresses indicated by monitoring of the Authority develqmmt program by the Louisiana Wild Life and Fisheries C=udssion or any other State or federal agency. Section 7 - Approval Of Projects And Activities a - This Protection Plan sball be followed throughout all aspects of the Authority developTent prograin. All facilities and activities subject to the Authority's jurisdiction, which directly or indirectly affect the envirornuent, must be approved by the Au- thority before construction or operation cmmences. b - The Authority may inImse, in any approval granted by it under this Protection Plan, all conditions which it deem neces- 5-26 sary to protect louisiana I s envirarent. c - Every approval granted by the Authority shall include a reference to the liabili provisions of Section 31 of this Chapter and shall also include, as a condition of such approval, a provi- sion stating that the holder thereof specifically agrees to be bound by all conditions brposed therein by the Authority, and by all of the Authority's rules and regulations. d - Arry approval granted pursuant to this Protection Plan rmy be denied, revoked, susperded, or nudified by the Authority, upon thirty (30) days written notice, for the following reasons: (1) 'Ihe willful naking of a false statement or willful mis- representation of a material fact in cmnection with securing or waintaining such approval; (2) The failure of an owner or operator to qualify as finan- cially responsible in accordance with the requirerents estab- lished by the Authority; (3) Failure to omply with, or respond to, lawful inquiries, rules, regulatlais, or orders of the Authority or the condi- tions of any approval granted by the Authority; (4) A rraterial change regarding an owner or operator or the subject rratter E-pproved by the Authority; and 5-27 (5) Gross negligence, incmyPetence, or misconduct by a person covered by the approval with regard to any matters subject to such approval. e - Any person proposing a project for approval shall first submit to the Authority a summary project proposal which shall amtain the following information: (1) A general description of the proposed project, including the description of the proposed site, design, and construc- tion schedule; (2) A general description of the envirammntal stresses rea- sonably expected to result from, the proposed project; (3) A general statement of the emncm3.c aspects of the pro- posed project, including its economic feasibility, estimated project cost, and method of financing; (4) A statement of the relatialship between the proposed project and my other actua or proposed aspect of the Au- thority deve1cpment program; and (5) A statenmt of the reasonable aiternativu-. to the pro- posed project. f - '[he Authority may approve or deny (or approve conditicn- 5-28 ally), in whole or in part, any summary project proposal. g - After a summary project proposal, or any part thereof, has been approved (or approved conditionally) by the Authority, a detailed project proposal covering the approved proposal shall be subrnitted to the Authority and shall contain the follcwing infor- mation: (1) A detailed description of the proposed project including details of the design, location, construction (including the construction schedule) , operation, and phase-out plans for the proposal; (2) A omplete environmental inventory of the areas immdi- ately affected by the proposed project which shall include all environn-ental information necessary for a proper evalua7- tion of the proposal; (3) A detailed inventory of all actual and potential stress- es on the natural and human environment which are expected to occur in pursuing the proposed project; (4) A detailed staten-ent establishing CML liance with the provisions of the Protection Plan regarding design and selec- tion of sites for the proposed project; (5) A detailed description of the economic aspects of the 5-29 proposed project including a statement of project costs and financial arrangements; and (6) A statemEnt of any irreversible and irretrievable commit- ment of resources occasioned by the proposed project. h - The Authority ropy require sdmdssion of such additional information or supporting data as it deenn necessary for a full and ocniplete consideration of any summary or detailed project propos- al. i - The Authority shall receive from any person proposing a project hereunder a copy of any environmental inipact statement re- lating to the proposed project and prepared aider aM orther law,, in fulfillment of the requirements of this Section of the Protection Plan, to the extent that any such envirormiental impact statement contains information sufficient for compliance herewith. j - The Authority shall actively solicit the advice, tech- nical assistance and reomnendations of such professional, tech- nical, mid scientific personnel as nay be required for the proper evaluation and consideration by the Authority of arry project pro- posal submitted for consideration by the Authority. k - The Authority roay approve or deny (or approve condition- ally) in whole or in part, any detai-led project proposal. 5-30 1 - 'Ihe Authority shall not approve any project or any part of any proposed project unless the Authority has approved W a summary project proposal, (ii) a detailed project proposal, and (Iii) an operational and contingency plan, covering the proposed project. m - 'Ihe Authority shall not grant approval for construction or operation of any proposed project unless it is first determined that: (1) the person requesting approval is financially responsi- ble and has demonstrated his ability and willingness to ccn-r- ply with applicable laws, regulations, and conditions of ap- proval; (2) the activities or facilities will be designed, located, constructed and conducted in a manner which will minimize or prevent any significant adverse environmental affects. In making this determination, the Authority shall consider all significant aspects of the activity or facility including any relation to: (a) Effects on marine organisms; (b) Effects on air and water quality; (c) Effects on ocean current and wave patterns and on nearby shorelines and beaches; 5-31 (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 frcm stoncs and other nat- ural phena-tena; (g) Effects on aesthetic and recreational values; (h) Effects on land loss and erosion; W Lffects on anbient mise level; and (j) Energy requirements needed to carry out the des- cribed operations or processes; (3) Adequate baseline data is available concerning the pro- posed project. n - Before approval of construction may be granted, all pro- posed construction projects which way significantly affect the en- viroment of any particular area shall be advertised by the Author- ity, by publishing a general statement as to the nature of the pro- posed project once a week for three consecutive weeks in the Author- ity's official journal and in a daily newspaper in the locality or localities most affected by the proposed project. This provision shall not apply in cases of emergency, certified as such by the Au- thority; provided, however, that the Authority shall publish notice of the construction project and the nature of the emergency involved in the saine manner as provided herein for proposec IL projects. o - All information relating to proposed construction pro- 5-32 jects fi-led with the Authority, shall be available for public inspec- tion, at the Authority's office for at least thirty days prior to granting of any approval authorizing construction. p - Each owner or operator shall establish and maintain such records, make such reports and provide such information as the Au- thority shall reasonably require or request. Each such 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. q - The Authority's approval of any contract for the construc- tion and operation of oil terminal as an interstate cammon carrier shall be conditioned upan such contract containing 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 riot otherwise exist. Section 8 - Inspection a - Any duly authorized representative of the Authority is au- thorized to enter and inspect an-y vessel, or deepwater port facil- ity,, or any property subject to the Authority's jurisdiction, for the purpose of ascerta:L-iing the state of carpliance with this Pro- tection Plan and other rules and regulations of the Authority. 5-33 b - Such representative of the Authority may inspect, at rea- sonable times, processes, controls, facilities, and the operation thereof including the operating log and other records necessary to conduct the inspection. c - No person shall refuse kmTLediate 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, harper, or interfere with any such inspection. -1 - The Authority representative shall prepare a repor-t, set- ting forth the results of inspections, which shall be available, up- on request, to the owner or operator of the facility or operation involved. e - Upon refusal by an aqner or operator to pen-mit, a represen- tative of the Authority to enter and inspect as provided in this Section, the Authority's representative shall either terminate the inspection or confine the inspection to other areas, structures, materials, records, or operations not subject to cbjection. f - The Authority's representative shall endeavor to ascer- tain the reason for any such refusal, and he shall hmiediately re- port the refusal and the reason therefor to the Executive Director who shall prcuptly take such appropriate action as ray be warrant- 5-34 ed to assure ocapliance with these inspection provisions. g - Advance notice of inspections need not be given, but such notice iray be given: (1) In cases of apparent inninent danger to enable the owner or operator to abate the danger as quickly as pos- sible; (2) in circumstances where the inspection can most effective- ly be oandtnted after regular business hours or where special pre- parations are necessary for an inspection; (3) where necessary to assure the presence of representatives of the owner or operator or the appropriate personnel needed to aid in the inspection; and (4) in circumstances in which advance notice would enhance the prcbabil- ity 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 charge; 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 records not specified previously. i - Representatives of the Authority shall have authority to take sanples and measurements, and to take or obtain photographs re- lated to the purpose of the inspection, enploy other reasonable in- vestigative techniques, and question privately any enployer, owner, operator, agent or enployee of any vessel, facility, or other prop- erty subject to the Authority's jixisdiction. 5-35 j - 7he Authority's representatives shall make every reason- able effort to conduct inspections so as to preclude unnecessary disruptions, consistent with the requiremnts and intent of these inspection provisions. Section 9 Administrative and Judicial Procedures Subsection 1 - Administrative Procedures. a - Whenever violations of this Protection Plan, the Author- ity's General Rules and Fegulations, or any condition of an approv- al granted by the Authority pursuant to this Protection Plan are threatened, or whenever such violations are occurring or have oc- curred, the Authority shall initiate and pursue appropriate admin- istrative procedures and may issue such orders 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 herein, orders and decrees shall be issued only after an adjudi- catory hearing. The General Rales and Regulations of the Authority govern the hearing requirements applicable to adjudicatory pro- ceedings. c - An order or decree issued by the Authority may require the person served with such order to cease and desist the acts 5-36 complained of forthwith, or in accordance with such other require- ments as the Authority may deem warranted. The person served with such an order may be required to take appropriate remedial or pre- ventive action. d - Whenever, in the opinion of the Authority, arry person is angaging, or threatens to engage, in arry act or practice which may constitute a violation of any final order or decree of the Author- ity, the Authority shall promptly take appropriate action to as sure the imposition of available sanctions. e - When, in the opinion of the Authority, a person is caus- ing, engaging in, or maintaining a condition or activity which cre- ates an emergency situation, presents an imminent or present dang- er to the public interest, health, or welfare of the State, or could result in damage to the environment, the Authority nay, without prior hearing, issue an emergency order requiring that the person believed to be responsible for the situation discontinue, abate, or allevi- at,e such condition or activity, pending a hearing. The proscribed condition or activity shall be immediately discontinued, abated, or alleviated, upcn receipt of notice of such en-ergency order. f - In all cases involving issuance of emergency orders, the Board of Conutissioners shall schedule a hearing within 48 hours. The scheduling of a hearing shall not stay the operation of any emergency 5-37 order issued by the Authority. g - The Authority way institute an administrative proceeding in accordance with the Authority's General Rules and Regulations, to establish liability and to recover damages for any injury to the air, waters, or property, including animal, plant, or aquatic life, of the State, subject to the Authority's jurisdiction, caused by any violation of the Protection Plan. After a hearing, the Board of Commissioners may issue any order which may be warranted, including the imposition of fines. h - If the Authority has reason to believe a violation of any applicable rule or regulation, or condition of approval, has oc- curred, it may institute an adn-Linistrative proceeding to assure ccm- pliance or obtain other appropriate corrective action, in accordance with the Authority's General Rules and Regulations. 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 an approval granted by the Au- thority pursuant to this Protection Plan will be subject to such fines as provided by law. Subsection 2 - Judicial Procedixes. a - The Authoriby shall initiate and pursue all appropriate judicial and adminLsaLative remedies to assure compliance with the 5@38 provisions of this Protection Plan. b - The Authority may institute a civil action in a court of competent jurisdiction to establish liability, and to recover dam- ages, for any injury to the air, waters, or property, including ani- mal, plant, and aquatic life of the State, subject to the Authority's jurisdiction, caused by any violation 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. d - The Authority may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce campli- ance with U-iis Protection Plan or any rule, regulation, approval, certificate, or order, to enjoin any violation and to prevent irre- 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 Author- ity my seek any other appropriate administrative or judicial ren.L- dies not specified above, including the institution of criminal and admiralty proceedings. f - All the judicial a--ad adnAnistrative remedies set forth 5-39 herein are independent and cumulative except that full monetary dam- ages shall only be recovered me tim. Section 10 - Laws of Other Agencies. The Authority shall actively assist all federal and State agen- cies, including, but not limited to those specified in Chapter 7 of this Protection Plan, in enforcing the environnmtal laws and requ- lations subject to its jurisdiction; and, to the fullest extent pos- sible, the Authority shall also seek the assistance of those agencies to ocupla=t the efforts of the Authority to protect the enviromerit in accordance with this Protection Plan. Section 11 - Liability For Enviromental Damge a - Any person who violates any provision of the Authority's rules and regulations, or who violates any condition of the approv- al of a project or operation granted by the Authority, and thereby causes loss or damage to the Louisiana environnent, shall be liable to the Authority, for the use of the Louisiana Environmental Protec- tion Fund, for (i) the actual cost expended by the Authority in the abatemmt of any pollution related to the discharge of oil or haz- ardous substances or other pollutants prohibited by the Protection Plan, and (ii) all costs incurred by the Authority, in ccnVensating Louisiana's environnent. In no event, however, shall liability be imposed under this Section without a showing of negligence or fault. 5-40 b - Each owner or operator shall be liable for all acts and anissions of its servants and agents with respect to any of its ac@- tivities conducted within the Authority's jurisdiction. c - Whenever two or more persons violate any provision of this Protection Plan, any other rule or regulation of the Authority, or any condition of an approval granted by the Authority, so that any damage to the environmmt resulting therefrom, is indivisible, each violator shall be jointly and severally liable for the damages under this Section. d - The liability provisions of this Section are applicable only to claims by the Authority for daffoges caused by stresses cre- ated by the Authority development program, and shall not apply to private claims by any person, allegedly resulting directly or in- directly from any aspect of the Authority development prograrn. Such persons may pursue such remedies as provided by law. CHAPTER 6 FUNDIM OF ENVIRONMENTAL PFK@S Section 1 - Statutory Authority a - Subsection J(5) of RS 34:3113 requires that the Protection Plan set forth "Procedures for funding of projects to be paid for by the Authority to the Louisiana Wild Life and Fisheries Cmmission or any other agency designated by the governor which shall ccnpensate the coastal enviroment for loss that may be sustained through the stresses on the enviroranent created by the Authority DeveloFmmt Pro- gram- if b - The Authority is "vested with exclusive and plenary author- ity to do any and all things necessary" (RS 34:3109A) and is "eTpow- ered to take all necessary steps to protect Louisiana's unique coast- al envirornent from. any short-term or long-term. damage or ham which might occur from any aspect of the Authority Development Program." (RS 34:3109D) . Section 2 - Environmental CaTpensation Charge a - Reasonable environmental compensation charges shall be im- posed on all persons and activities subject to the Authority's jur- isdiction, to provide compensation for losses that may be sustained through the stresses to the envirornent created by the Authority de- velopment program. Such charges shall be paid into the Louis' 6-2 Environmemtal Protection Fund as established herein. b - After the design and site of any facility subject to the Authority's jurisdiction have been determined, but before the com- mencement of construction of any such facility, the Authority shall require the owner or operator of the facility to pay initial envi- ronmental compensation charges, and thereafter su h additional charges as the Authority may deem necessary. Initial environmental compensation charges may be due: (1) at the time of approval of a summary project proposal; and (2) at the time of approval of a de- tailed project proposal. The amount of any such environmental com- pensation charges shall be determined by the Authority, based on a thorough consideration of all environmental stresses reasonably ex- pected to occur as the result of activities conducted in connection with the construction of any such facility. c - Before commencement of operation of any facility subject to the Authority's jurisdiction, the Authority shall require the own- er or operator of the facility to pay such enviromental compensation charges as the Authority may deem necessary. The amount of any such environmental compensation charges shall be determined by the Author- ity, based on a thorough consideration of all enviromental stress es which could reasonably result from the operation of such facility. d - The amount of any environmental compensation charges here- under shall be established by amendment to this provision. 6-3 e - Payment of environmental charges shall cease when the Fund reaches the amount established as provided in Section 3, below. f - The amount required by the Fund shall be reviewed on an an- nual basis, or on such shorter basis as may be warranted. Section 3 - Louisiana Environmental Protection Fund a - The Louisiana Environmental Protection Fund (hereinafter 1vt:he Fund") is established as a nonlapsing, revolving fund, to be used by the Authority to assure compliance with all provisions of the Protection Plan. b - The amunt of any accounts hereunder shall be established by amendment to this provision. c - The Fund shall consist of two accounts to which shall be credited such amounts as shall be allocated to each of thern by the Board of Commissioners. Each account shall be limited to the amount required to inplement the purposes for which tbe account is estab- lished. The amount of each account shall be determined by the Au- thority, based on a thorough consideration of all expenditures which could reasonably be anticipated in the implementation of each ac- count. (1) One account shall be designated as the "Pollution Abate- ment Account" to cover the abatement and cleanup of pollution 6-4 related to the discharge of oil or hazardous substances and oth- er pollutants prohibited by the Protection Plan and resulting frcm any activities omducted as part of the Authority devel- opment program- (2) At the tine of initial pramlgaticn of this Protection Plan, legislation is pending in Congress which may cover clean- up and related envircnmental costs. The exte nt to which feder- al legislation, when enacted, ray cover such environmental costs is uncertain. -moreover, other cleanup provisions of federal law, as well as voluntary agreements such as TOVALOP (Tankers Owners Voluntary Agreement Concerning Liability for Oil Pollu- ticn) and CRISTAL (Contract. Regarding an Interim Supplement to Tanker Liability for Oil Pollution) cover pollution abatement costs under certain circm-stances. After enactment of federal legislation, the protection afforded by all existing contingen- cy program will be considered. Should the Authority determine that it is necessary, specific provisions may be provided in the Pollution Abatement account, by subsequent arexvdiTmt to the Protection Plan, after the nature and extent of the coverage provided by other contingency program can be determined. The Authority hereby invokes the provisions of RS 34:31131 with re- spect to the uncertadn-des which exist at this time. (3) One account shall be designated as the "Ccmpensatory Pro- grwn Account" and rmnies in the account shall be allocated and 6-5 shall be disbursed by the Board of Cannissioners for the follow- ing purposes, when necessary and related to the Authority devel- opment program: (a) AcIrranistrative and personnel expenses and equipment costs of the Authority related to the administration and enforcement of this Protection Plan and the Fund; (b) Funding of projects by the D)uisiana Wild Life and Fisheries Commission or any other agency designated by the Governor to compensate the environment for loss that may be sustained through stresses on the environment created by the Authority development program; (c) All costs required for funding of projects which way be undertaken by the Authority as provided in Section 5 of this Chapter; (d) Funding of a monitoring program by the Louisiana Wild Life and Fisheries Commission conducted pursuant to RS 34:3113J(4); and (e) Any other enviroramtally related costs that the Au- thority determines are proper charges against the Fund, including charges for preventive or corrective action when necessary. d - There shall be credited to the Fund: (1) All envirormiental ccopensation charges imposed by the Au- thority under Section 2 of this Chapter; (2) All monies representing payments of fines and/or civil penalties imposed under the Protection Plan; provided, however, that the lin-Litation in the anount of the Fund shall in no way affect the imposition of a fine, nor shall the imposition of a fine against a particii1a owner or operator affect that person's 6-6 liability for the payment of environmental charges; (3) All monies recovered by the Authority as a result of le- gal action or a denand for payment, or in canprondse or set- tlement of a claim by the Authority under this Protection Plan; (4) All monies received by the Authority under State and fed- eral programs for projects related to the purposes of the Fund; and (5) All other revenues, from whatever source derived, which may be designated by the Board of Ccm-aissimers for credit to the Fund. e - All monies credited to the Fund, and not needed current- ly to meet the obligations imposed under this Protection Plan, shall be handled as provided by law and in accordance with prudent finan- cial principles. Interest received on such investments shall be credited to the Fund. f - The Arthority shall recover for the use of the Fund, through all appropriate means, all sunis expended by the Fund,, whenever reoov- ery is possible from the person responsible, or fran his surety or insurer, or whenever monies a available under arry State or federal program- g - This Fund is for the purpose of coupensating the environ- went for stresses created by the Authority development program. 6-7 Private damages claimed by any person, allegedly resulting directly Or indirectly fran any aspect of the Authority development program, shall not be recoverable against the Fund. Such person may pursue such remedies as provided by law. Section 4 - Environmental gompensation a - If an investigation by the Authority reveals that any ves- sel, facility or operation subject to the Authority's jurisdiction is either directly or indirectly responsible for stresses, the owner or operator of such vessel, facility or operation shall take such corrective action and provide such environment conpensation as-pro- vided for in this Protection Plan. If an owner or operator fails to take appropriate action, the Authority, either directly or in coor- dination or cooperation with the Louisiana Wild Life and Fisheries Comtission or arry other appropriate agency, may take appropriate mea- sures to compensate the environment for stresses resulting frm the Authority developTient program and charge the costs for such compen- sation to the owner or operator responsible. b - dhenever an investigation of stresses indicates the cm- pensation for such stresses way be necessary, the Authority, either directly or in coordination and cooperation with the Louisiana Wild Life and Fisheries CcnTaission or any other appropriate agency, shall determine the nature and extent of any such environmental campensa- tion. 6-8 c - The environmental compensation provided for in the preced- ing paragraph may consist of any one, or a combination of, the fol- lowing: (1) Direct cmPensation in the fcnn of rehabilitation and res- toration of daniaged areas of the environment; (2) Acquisition, improvement, or enhancement of related areas of the environment to offset and coqDensate for loss of land or water for recreational uses or production of marine resources, when direct con-pensation is not possible; or (3) Research projects reasonably related to providing data to assist in ccnpensation of affected areas of the environn@ent. d - If an investigation of a stress fails to disclose the cause of such stress, the Authority shall inplement such nieasures as it way deein appropriate. Section 5 Envirormiental Prograns a - Unless the following prograns are undertaken by the Lou- isiana Wild Life and Fisheries Conutission or by any other agency designated by the Governor, the Authority shall establish and rnain- tain such environmental progranis as the Board of Commissioners may deern warranted, either on its own initiative or upon the recmuenda- tion of the three Directors, which may include: 6-9 (1) Research on the environmental stresses caused by oil spills and other polluting instances; (2) Studies to determine the economic loss resulting from en- vironmental stresses; (3) Erosion control studies; (4) Studies designed to measure the capacity of selected areas of the Louisiana coastal wetlands to absorb environmental stresses; (5) Studies to determine the effects of pipelines on the coast- al environment; (6) Studies of chronic pollution; (7) Studies to develop irrproved 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 inrpact of man- made structures in offshore or wetlands areas. b - The three Directors shall be provided with such informa- tion and technical assistance as may be necessary for them to moni- tor all programs under this Section, and for them to recommend such 6-10 additional programs. as they feel are necessary to evaluate actual or potential stress caused by the Authority development program and as- sure that Louisiana's environment is protected. c - Before approval of any environmental program by the Board of CaTnissioners, the three Directors shall actively solicit the ad- vice, technical assistance, and recomnendations of recognized envir- ornental organizations and environmental specialists regarding the proposed program. d - All information regarding any proposed program shall be placeu in the Authority's office and be available to tne public for inspection for at least thirty days prior to approval of the program by the board of Commissioners, and, to the extent possible, such in- formation shall be mailed to all persons who have made timely re- quests of the Authority for advance notice of its consideration of environmental programs. CNAP7ER 7 CDORDI=ON AND COOPERAMOD41 Section 1 - Statutory Authority a - Subsection J(6) of PS 34:3113 states that the Protection Plan shall "[alnalyze ongoing prograrro of the federal, state and local governmants designed to protect the coastal environment and to insure that there is no unnecessary duplication of effort and to insure that cooperation and coordination of envirom-ental pro- tection neasures are achieved. The opinion of all agencies with a responsibility for monitoring the coastal environment shall be sought with regard to this Coastal Protection Plan prior to its promulgation, to determine if there are incanpatibilities between specific provisions of this measure and requirenmts of other rules and regulations." b - RS 34:3114A states that "(i]t is the policy of this Act l/ At the tirre of initial promulgation of this Protection Plan, several proposed bills are pending in the United States Con- gress, which, if enacted, will regulate deep water port facilities. Such legislation would set forth the federal agency, or agencies, with primary responsibility for the licensing and regulation of such facilities. In view of the uncertainty as to the content of the federal legislation which my be enacted, ccrnplete provisions with respect to cooperation and coordination with appropriate fed- eral agencies cannot be set forth at this tine. Accordingly, in the initial prcrmlgation of this Chapter, the Authority invokes the provision of RS 34:31131 with respect to these uncertainties. 7-2 that the Authority Developamt, Program be pursued so that there is full coordination and cooperation between agencies and groups that have cmPlementing or overlapping interests and the Authority. It is not the Policy of this Act that the Authority Developnmt Pro- gram be Pursued independently and with a view toward narrow, short- term interests." c - RS 34:3114B states "[t]he board of Commissioners shall take affirmative steps to fully coordinate all aspects of the Au-- thority Development Program with the Louisiana Advisory Commission on Coastal and marine Pesources (Act No. 35 of 1971) or its succes- sor group, which is charged with the development of a coastal zone management plan for the state." d - FS 34:3114C states that "[t]he board of commissioners shall take affirmative steps to insure that the Authority Develop- ment. Program is coordinated into the planning programs of other modes of transportation, to include rail, road, waterway, air and pipeline, so that there is a long term and orderly pursuit of trans- portation 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 de- structive of other values in the state." e - !@S 34:3114D states that "[t1he board of commissioners 7-3 shall insure that the appropriate federal agencies which are re- quired by federal lag to plan or recrulate transportation facili- ties or programs are consulted regularly and are fully involved in the Authority Developnent Program where appropriate." Section 2 - General Provisions a - Before any rule or regulation of this Protection Plan is prcmulgated, the Authority shall seek cam-ents frm all agencies having any jurisdiction over matters affected by the proposed rule or regulation, to determine if there are duplications or incompat- ibilities between the proposal and the laws acb-dnistered 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 shall advise the Author- ity with respect to legal matters affecting its relations with other agencies. General Counsel will be responsible for ascertain- ing the jurisdiction, interests, and responsibilities of federal, State, and local acrencies and advising the Authority with respect to the procedures to be used in the Authority's coordination and cooperation with such agencies. 7-4 section 3 - Federal Agencies a - Department of the Interior. The Departrrent of the In- terior administers public lands of the United States, including the seabed and subsoil of the outer continental shelf. Several sections within the DepartTent of Interior are concerned with en- vironmental matters. (1) Bureau of Land Managenmt. The Bureau of Land Manage- ment (BU@ conducts federal lease sales for outer continental shelf lands for mineral exploration and exploitation, and al- so handles the leasing of those lands for other purposes, in- cluding pipeline rights-of-way. Environimntal in-pact state- ments must be prepared before any lease of, or right-of-way over, outer continental shelf lands is granted. Such environ- mental inpact staten-ents rmast be prepared in accordance with approved BIM format. Pursuant to its right-of-way leasing function, BLM has pran- ulgated certain standards applicable to the desiqn and con- struction of pipelines installed over rights-of-way cbtained from it. These standards include requirenents for burial, encasing in concrete, and hurricane protection. In addition, under present law, BIZ,1 is responsible for leas- ing of public lands on eia outer continental shelf for pur- 7-5 poses of mineral exploration and exploitation, and it may be- cane interested in leasing lands for any site selected for the deepwater port facility and associated pipelines. BIM shall be consulted to insure that standards for the de- sign and construction of pipelines and other offshore struc- tures set forth in this Protection Plan are corpatible with those inposed by BIM. Further, the selection of offshore sites for facilities to be constructed under the Authority develop- rnent prograrn shall be closely coordinated with that agency. Although BIM maintains an environrrental protection division which monitors oil spills, BIM does not require notice or re- port of such spills, and has pranulgated no standards relat- ing specifically to the enviroment. (2) United States Geological Survey. The United States Geo- logical Survey (LEGS) has been given supervision over all op- erations conducted m leases on the lands of the outer conti- nental shelf, and, as such, has the primny responsibility for preventing pollution of the Gulf of Mexico beyond three miles from the Louisiana coast. In addition, the USGS super- visor must approve the location (within a certain lease), size, and design of any offshore platform prior to its con- struction, and also must approve both the mthods for disposal 7-6 of certain liquids, including waste water, and the location of disposal points. The USGS supervisor may suspend any operation which threatens inTwdiate, serious, or irreparable harn to the en- viroment. However, with the exception of OCS Order Number 8, dated October 30, 1970, USGS has not promulgated any stan- dards governing pollution control or waste disposal. Instead, USGS regulations generally refer to applicable standards of the Environmental Protection Agency and other agencies - Finally, USGS conducts research and imnitoring program which relate to the offshore and coastal environment. The advice and assistance of USGS shall be sought with ref- erence to all phases of the Authority development program, particularly those related to the design and placerent of the deepwater port facility and the methods for disposal of liquid wastes, including waste water generated by its operation. Re- search and rmnitoring program cmducted, or sponsored, by the Authority shall be coordinated with USCS. (3) Bureau of Sport Fisheries and Wildlife. This agency is charged with developing programs. to preserve and develop the wildlife resources (including aquatic life) of the nation. Although this agen(:@,- has been given no enforcerent or permit 7-7 authority, the Fish and wildlife Coordination Act (16 USC 661, et secr.) requires all agencies engaging in projects affecting navigable waters to consult with this agency "with a view to the conservation of wildlife resources." Pursuant to this provision, the Bureau reviews, and makes recmnendations with respect to, certain projects subject to the jurisdiction of the Corps of Engineers. This agency also conducts several research programs relating to the environment. The Bureau of Sport Fisheries and Wildlife shall be consult- ed with respect to all phases of the Authority developrmnt program. Further, all research and monitoring program con- ducted, or sponsored, by the Authority shall be coordinated with this agency. b - Department of Transportation. The United States Coast Guard, under the Department of Transportation, is responsible for the administration and enforcement of applicable federal legisla- tion on the navigable waters of the United States. This responsi- bility includes promulgation and enforcenent of regulations pro- moting safety and other matters not specifically delegated to oth- er agencies. The Coast Guard maintains a "strike force team!' for oil and hazardous substance cleanup, in compliance with national and 7-8 regional contingency planning. Further, the Coast Guard is author- ized to coordinate the cleanup activities of federal, State, local, and private cleanup organizations. The Coast Guard has the right of inspection and certifica- tion of vessels within navigable waters of the United States regard- -u,-g required oil pollution prevention devices. The Coast Guard is further authorized to certify vessels concerning safe transporta- tion, handling, carriage, storage, and stowage of pollutants. The Coast Guard is responsible for establishing and main- taining aids to navigation and rescue facilities for prcmting safe- ty. In addition, the location of roadsteads, mcorages, and fairways require Coast Guard consent. Harbor and navigational concerns are coordinated through the Coast Guard and the United States Army Corps of Engineers. Further, under the Ports and Waterways Safety Act (33 USC 1221 et La.), the Secretary of the Departnent under which the Coast Guard is operating (currently the Department of Transporta- tion) is authorized to: (1) Establish, operate, and maintain vessel traffic services and systems for ports, harbors, and other waters subject to congested vessel traffic; (2) Require vessels which operate in an area of a vessel 7-9 traffic service or svstem. to utilize or comply with that ser- vim or systan, including the carrying or installation of electronic or other devices necessary for the use of the ser- vice or system; (3) Control vessel traffic in areas which he determines to be especially hazardous, or under conditions of reduced visi- bility, adverse weather, vessel congestion, or other hazardous circumstances by - (a) specifying tines of entry, moverrient, or departure to, from, within, or throuqh ports, harbors, or other waters; (b) Establishing vessel traffic routing scherres; (c) Establishing vessel size and speed limitations and vessel operating conditions; and (d) Restricting vessel operation, in a hazardous area or under hazardous conditions, to vessels which have particular operating characteristics and capabilities which he considers necessary for safe operation under the circumstances; (4) Direct the anchoring, nuoring, or movenent of a vessel when necessary to prevent damage to or by that vessel or her cargo, stores, supplies, or fuel; (5) Require pilots to be on board self-propelled vessels en- gaged in the foreign trades in areas and under circumstances where a pilot is not otherwise required by State law; 7-10 (6) Establish procedures, me-asures., and standards for the handling, loading, discharge, storage, sbowage, and mnmnient, including the energency rermval, control and disposition, of explosives or other dangerous articles or substances on struc- tures and vessels subject to the Ports and Waterways Safety Act; (7) Prescribe mininun safety equiprrent requirements for structures subject to the Ports and Waterways Safety Act to assure adequate protection fr(xn fire, explosion, natural dis- asters, and other serious accidents or casualties; (8) Establish water or waterfront safety zones or other mea- sures for Lunted controlled, or conditional access and ac- tivity when necessary for the protection of any vessel, structure, waters or shore area; and (9) Establish procedures for examination to insure ccmpli- ance with the minimum safety equipment requirerrents for structures. The Ports and Waterways Safety Act also provides that it does not prevent a State or political subdivision thereof from pre- scribing, for structures only, higher safety equiprent. requirements or safety standards than those prescribed pursuant to the Ports and Waterways Safety Act. 7-11 All phases of the Authority developnent program shall be coordinated with the Coast Guard. c - Department of Defense. All activities which affect navi- gation within the navigable waters of the United States must have prior approval of the United States Arry Corps of Eligineers, and such approval is required even if the activity in question will occur outside the territorial limits of the United States. How- ever, in processing permits for activities outside the territorial limits of the United States, the Corps of Engineers must, by 1w, Limit cmsideratim to the navigaticn, or naticnal defense aspects of the proposed activity. In all other cases, the Corps may con- sider all factors bearing on the public interest including the ef- fect on the environment, particularly with respect to permits for dredging or disposal of spoil in navigable waters. Activities which must have Corps approval include construction, obstruction, excavation, and fill, and extend to drilling platform and artifi- cial islands located on the outer continental shelf lands. As discussed under subsection f of Section 4 of this Chapter, relating to the EPA, permt authority for the dumping of solid wastes into the oceans under the nation's control is vested in the EPA and the Corps, to the exclusion of state activity. In addition to its permit responsibility, the Corps is 7-12 charged with designating navigational fairways in the Gulf of Mex- ico in cooperation with the United States Coast Guard. The Authority development program shall be coordinated with the Corps of Engineers to assure that corps permits are is- sued for all necessary activities. d - Department of Ccm-erce. (1) @IAritine Administration. The Maritirre Administration (MAD), under the Departrent of Cam-erce, is prirmrily con- oerned with enhancing the conpetitive position of American flag vessels and American ship-building. However, MARAD con- ducts a pollution abaterent program, and has proTrulgated spe- cifications governing control of ship-generated pollutants, including oil, sewage, garbage, and smoke. MARAD also con- ducts research programs on the effect of oil spills and the development of facilities for the disposal of ship--generated wastes. The Authority shall seek the advice of the Maritime Ad- mJxListration to obtain the full benefit of the information which it has developed. (2) National Oceanic and Atmospheric Administration (NOAA). NOAA is engaged in the conservation and developnent of marine 7-13 resources. in addition to its responsibility for the Nation- al Weather Service, NOAA has jurisdiction over numerous envi- ronmental monitoring and research programs. NDAA's Office of Coastal Enviroment serves as a clearing house for specialized coastal zone technical infonration, identifying coastal re- search problems and solution possibilities. The Office of Coastal Environment inplements provisions of the federal Coas- tal Zone Management Act of 1972, whereby States can receive approval for properly developed coastal zone management pro- grairs. Under the interagency cooperation provisions ot the Coastal Zme Management Act, other federal agency actions must conform to any approved coastal zone management program. NOAA also provides envirorurental in-pact analysis of such ac- tivities as dredging, filling, waste disposal, channel con- struction, arainage, and other watters of environmental con- cern. Within NQAA is the Office of Sea Grant which adn-Linis- ters and directs the National Sea Grant Program, which, in addition to other matters, provides and supports programs by institutions engaged in comprehensive warine research. Also within NOAA is the National Marine Fisheries Service, which conducts biological research and analyzes economic aspects of fisheries operations. With the Coast Guard, DZTS conducts enforcement and surveillance operations on the high seas and in territorial waters. It also studies the relationship be- 7-14 t&,een fish and other marine and estuarine organisms, and in- vestigates the effects of pollution. Me advice and assistance of NOAA shall be sought with reference to all phases of the Authority development program, particularly those relating to coastal zone management. e - Council on Environmental Quality. The Council on Envi- ronmental Quality (CEQ) is charged with reviewing federal programs and activities so as to keep the President informed on the extent to which these activities may affect the policies set forth in the National Environmental Policy Act (NEPTQ. The Council has issued guidelines to federal agencies for preparation for environmental impact statements. The Council may also issue such instructions to agencies and requests for reports and information as are re- quired for it to carry out its responsibilities under NEPA. All federally required envirormental impact statements prepared with respect to all phases of the Authority develcpirent program. must comply with the regulations issued by the Council. f - Environmental Protection Agency. Congress has given the EnvironTrental Protection Agency (EPA) a broad mandate to promote enhancement of the environment and to prevent and abate environ- nentall degradation. Under the Clean Air Act of 1970 (42 USC 1857 et seq.), 7-15 EPA has issued air pollution standards which are applicable in all states which do not have an approved inplerrentation plan. The plan subnxitted by the Louisiana Air Cmtrol Commission has been approved by EPA and, therefore, would control within the territorial limits of the State. EPA has also issued standards governing the discharge of all pollutants, including oil, from any vessel, onshore facility, or offshore facility into the navigable waters of the United States. The inplerentatim plan for water quality submitted by the Louisi- ana Stream Control Cmdssion has been ap-roved by EPA. Accord- ingly, that agency has prnmy authority governing industrial dis- charges into the waters of the state, although once provulgated the EPA standards will possibly control beyond the territorial jur- isdiction of the state. Further, under the Federal Water Pollution Control Act (33 USC 1151 et seq.), EPA standards for vessel sanitation devices for sewerage disposal are preeaptive. Although EPA is given authority to enact standards re- lating to noise abatement, at the tine of the initial pram1gation of this Protection Plan, no such standards have been enacted. The Marine Protection, Research and Sanctuaries Act of 1972 (33 TJSC 1401 et.@Sj establishes a permit system governing 7-16 the dunping of material (excluding sewage and oil) into the oceans under the control of the United States. net pezrit authority is administered jointly by EPA and the Urnted States Any Corps of Engineers. States are prohibited fran adopting or enforcing rules or regulations governing such activity. Finally, EPA regulations require that it receive reports on all discharges of pollutants into the navigable waters of the United States. The Authority shall not adopt any standards relating to discharges into the atmosphere or waters of the state of Louisiana orthe Gulf of 14exico, but shall insure that the applicable stan- dards of the Environmental Protection Agency and the appropriate State agencies are mat, and that all necessary permits are ob- tained. g - Federal Maritine Cam-tission. The Federal Maritime Con-r- mission (FMC) is vested with jurisdiction over vessel certifica- tion in accordance with the oil and hazardous substance section of the Federal Water Pollution. Cmtrol Act, which requires all vessels over three hundred gross tons to have a certificate of financial responsibility before entering any United States port, navigable waters of the United States, or waters of the territorial sea or contiguous zone of the United States. 7-17 The Federal Water Pollution Control Act provides that its provision regarding liability of shipowners and terminal facilities are not to be construed as preempting any State or political subdi- vision thereof from imposing any requirement or liability with re- spect to the discharge of oil or hazardous substances into any wa- ters within such State. The financial responsibility provisions of this Protec- tion Plan are intended to supplement the financial responsibility certification authority of the FMC. h - Other Federal Agencies. The agencies discussed above are those whose policies and activities would have most relevance to the environmental programs adopted by the Authority. However, other federal agencies are concerned with environmental matters, It and may also have to be contacted. For further discussion of the various federal agencies with environmental duties, see the "Louisiana Superport Studies, Report No. 3, Recanuendations for the Environmental Protection Plan," Louisiana State University Center for Wetland Resources, in which the following agencies are considered: 1 - Atomic Energy Commission; 2 - Bureau of Land Management (Department of the In- 4- terior; 3 - Bureau of Sport Fisheries and Wildlife (Department of the Interior); 7-18 4 - Council on Environmental Quality; 5 - Environmental Protection Agency; 6 - Federal Maritime Commission; 7 - Federal Power Commission; 8 - Foreign Trade Zones Board; 9 - Interstate Commmerce Commission; 10 - Maritime Administration (Department of Commerce); 11 - National Bureau of Standards (Department of Com- merce) ; 12 - National Oceanic and Atmospheric Administration (De- partment of Commerce); 13 - Office of Environmental Affairs (Department of State); 14 - Office of Pipeline Safety (Department of Transpor- tation); 15 - U. S. Army Corps of Engineers (Department of De- fense) ; 16 - U. S. Coast Guard (Department of Transportation); 17 - United States Geological Survey (Department of the Interior). Section 4 - State Agencies a - Louisiana Wild Life and Fisheries Commission. The Lou- isiana Wild Life and Fisheries Commission is charged with the protection, conservation, and replenishment of all wildlife re- sources in the State of Louisiana. It has the responsibility for establishing and operating game reserves and other wildlife sanct- quaries, and has issued regulations concerning the permissible uses of lands in those areas. The Commission closely monitors all dredging and pipeline activities conducted in state-owned marsh- lands and water bottoms, and conducts various research and moni- toring programs relating to the wildlife, vegetation, and soils of the State, primarily in the coastal region. Finally, the com- 7-19 mission, t1irough its Water Pollution Control Division, and in co- operation with the Strec-un Control Commission, constantly monitors the levels of water pollution in the state of Louisiana, with par- ticular enphasis on the Louisiana coastal region. All phases of the Authority development program shall be closely coordinated with the Lcuisiana Wild Life and Fisheries Cammission. All research and monitoring programs conducted, or sponsored, by the Authority shall also be coordinated with the Can- mi ssi on. b - Department of Ccnservation. The Department of Conserva- tion is authorized to promulgate and enforce rules, regulatiais, and orders to conserve the mineral resources of the State and to prevent contamination of water resources of the State by mineral pollutants suah as oil. Department rules are enforced by the De- partrent's inspection and enforcement section. Pennits are re- quired prior to disposal of waste accumulated in oil storage tanks. The Department of Caiservation also requires that reports be made to it m all spills of oil in the State. It is anticipated that the Authority and the Louisiana Wild Life and Fisheries Commission will enter into a memorandum of understanding or an inter-agency agreement, which sets forth the relaticnship bet,;een those agonaLes, with respect to the responsi- bilities established in its Protection Plan, including such mat- ters as f=1ing, monitoring and research responsibilities. This agreement may becom en appendix to this provision of the Protec- tim Plan. 7-20 The Authority shall consult with the Department of Con- servation to insure that the design and construction of any onshore facilities under the Authority's jurisdiction meet the Department's permit criteria. Reporting procedures applicable to oil spills from facil- ities under the Authority's jurisdiction shall be designed so as to complement the reporting requirements of the Department of Con- servatim. c - Department of Health. 7he Department of Health has been given jurisdiction over all waste disposal programs 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 sani- tary 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 Gover- norls Council on Environmental Quality serves as an environmental coordinating body for State agencies, and as a clearing house for enviromental impact statements prepared or reviewed by State agen- cies pursuant to the National Envirom-ental Policy Act. All environmental irpact, statements prepared for facil- 7-21 ities under the Authority's jurisdiction shall be referred to the Governor's Council on Enviromrental Quality for cmuent. e - Stream Control CmrLLssion of Lnuisiana. The Louisiana Stream Control CamAssion, by legislative act has jurisdiction, including permit approval, over industrial effluent discharges in- to State water bodies. The Louisiana Stream Control Ccmnissi on al- so has primary jurisdiction in-the enforcement of federal-state water quality criteria. Rules and regulations governing discharg- es of industrial waste into waters of the State are issued and promulgated by the Stream Control Commission and enforcement of such rules and regulations is vested in the Division of Water Pol- lution Control, Louisiana Wild Life and Fisheries Commission. The Authority shall consult with the Stream Cmtrol Carr- mission to insure that all effluents discharged into the waters of the State corrply with the standards established by that agency and that the necessary discharge permits are obtained. f - Air Control CamiLssion of the State of Louisiana. The Louisiana Air Control Camdssion is the official State air control agency. The Air Control section of the Louisiana Departmnt of Health provides support in the form of enforcement, surveillance, and inspection for any activities of the Air Control Ccnrdssim. The Authority shall =nsult with the Air Control Carmis- A 7-22 sion to insure that all emission of air pollutants in the State comply with the standards of that agency. g - Office of State Planning. The Authority shall take af- fimative steps to fully coordinate all aspects of the Authority Development Program with the Louisiana Office of State Planning which is charged with the deve1cpment of land use planning program for the state. h - The Authority is required to take affirmative steps to coordinate fully all aspects of the Authority deveopment, program with the Louisiana Advisory Commission on Coastal and Marine re- sources or its successor group, which is charged with the develop- ment of a coastal zone management plan. for the State. [RS 34:3114 (B)]. The Authority recognizes the need for, and shall encourage the adoption of appropriate coastal zone management legislation within the State. Pending adoptioin of such legislation, the Au- thority shall consider the Report of the Advisory Committee (dated September 15, 1973) as an environmental objective of the State, warranting consideration in the Authority's regulation and coor- dination of the Authority development program. i - Other state agencies may have to be contacted with re- spect to environmental matters within their jurisdiction. For fur- ther consideration of the various State agencies which may be in- 7-23 valved, see the "Louisiana Superport Studies, Report Number 3, Reccm- mendatIons for the Environmental Protection Plan," in which the du- ties of the follcwing agencies are discussed: 1 - Air Control Commission of the State of Louisiana; 2 - Louisiana Coastal Commission; 3 - Department of Ccnmerce and Inaustry; 4 - Department of Conservation; 5 - Department of Health; 6 - Department of Public Works; 7 - Louisiana Wild Life and Fisheries Comnission; 8 - Environmental Protection Section (Office of the Attorney General) ; 9 - Governor's Council on Environmental Quality and Citizens Advisory Board; 10 - Louisiana Advisory Cmmssion on Coastal and Marine Resources; 11 - Stream Control Ccmrdssion of Louisiana; 12 - State Land Office; 13 - State Mineral Board; 14 - State Parks and Recreation Cwmisslon; 15 - Office of State Planning. j The following local agencies are also discussed in the Re- port of the Louisiana State University Center for Wetland Resources on the Protection Plan: 1 - Greater Lafourche Port Ccmnission; 2 - Greater Jefferson Port Co=dssion; 3 - Terrebone Port Comdssion; 4 - Greater Baton Rouge Port Commission; 5 - Lake Charles Harbor and Terminal District; 6 - Board of CanTLissioners of the Port of New Orleans; 7 - South Louisiana Port Commission; 8 - Levee Boards; 9 - Municipalities; 10 - Pipeline Companies; 11 - Planning Commissions; 12 - Police Juries; 13 - Public Service Commission; 14 - Regional Planning Commissions; 15 - Zoning Commissions. 7-24 k - The Authority shall consult regularly with the govern- ing bodies of the parishes and municipalities affected by the Au- thority development program. CHAPTER 8 CONSTFJ=CN AND EFFECr a - Mie Act shall govern all rules and regulations of this Protection Plan, and the Authority shall:have all power conferred by that Act. b - If any provision of this Protection Plan shall be found to be in oonflict with federal 1w, or with a provision of the Lou- isiana Constitution or a icuisiana statute, the conflicting provi- sian of these rules and regulations is hereby declared to be inop- erative solely to the extent of such conflict. c - If any provision of this Protection Plan or the applica- tion thereof is held invalid, such invalidity shall not affect oth- er provisions, items, or applications of the Protection Plan which can be given effect without the invalid provisions, items, or ap- plications, and to that end the provisions of this Protection Plan are hereby declared severable. d - These rules and regulations shall take effect upon their approval by the Board of Commissioners and filing with the Secre- tary of State, pursuant to the provisions of the General Rules and Regulations of the Deep Draft Harbor and Terminal Authority. Act 444 Approved by the Governor: July 12, 1972. A true copy: WADE 0. MARTIN, JR. Secretary of State. ACT No. 444 Senate Bill No. 714. By: Messrs. Kiefer, W. D. Brown, Guillory, Bauer, Blair, C. M. Brown, J. H. Brown, Carter, Davis, DeBlieux, Duplantier, Duval, Dykes, Eagan, Fonte- not, Fosbee, Gerald. Hardy, Hickey, Jones, Jumonville, Kilpatrick, Knowles, Lam- bert, Lauricella. Montgomery, Mouton, Nicholson, Nunez, O'Keefe, Osterberger, Peltier, Poston, Rayburn, Smither, Tassin, Tiemalm, Williamson and Windhorst and Reps. Accardo, A c k a I , Chabert, Fowler, Guidry, John, Le- Blanc, Alarullo, Strain, Tau- zin, M. Thompson, Triche, Turnley and Womack. AN ACT To amend Title 34 of the Louisiana Revised Statutes of 1950 to add thereto a new Chapter to be designated as Chap- ter 35 thereof and to comprise Section 3101 through Section 3114 thereof, both inclusive, to create a Deep Draft Harbor and Terminal Authority as a political sub- division of the state of Louisiana, possession, full corpo- rate powers, to define its authority and functions, to pro- vide for organization and government, to define its duties, powers and jurisdiction as the governing authority, and to delegate to it authority to own, construct, operate and maintain docks, wharves, sheds, elevator.-,, locks, slips, laternals, basins warehouses and all other property, struc- tures, works of public improvement necessary and useful for a deep draft harbor and terminal basin, to dredge and maintain shipways, channels, slips, basins and turning basins, to establish, operate and maintain, in cooperation with the federal govornment and state of Louisiana, its various agencies, subdivisions and such bodies, a deep draft harbor and terminal in and upon the waterbottoms of the Gulf Mexico and the Continental Shelf, to exer- cise the right of eminent domain, to enter into leases with the United States of America, state of Louisiana, subdivisions thereof and other public and private agen- Appendix AA p. 1 cies, acquiring a lease, right of way or servitude over the waterbottoms of such land as may be necessary for the business of said Authority to collect tolls and fees, to borrow funds for the business of such Authority, to incur debts and issue bonds for the needs of such Authority in a manner provided by the Constitution and the laws of the United States, and the state of Louisiana, to provide for an Environmental Protection Plan to protect the coastal environment from damage, to authorize lease or sublease of lands leased from the State of Louisiana, to negotiate and enter into contracts or a.greements with any public or private individual or corporation including, but not limited to contracts or agreements for the con- struction and operation of a petroleum terminal as an interstate common carrier and generally, to employ said Boards to do any and all things necessary and proper for the governing, re.-ulation, development and control of the business of such Deep Draft Harbor and Terminal Authority. Be it enacted by the Legislature of Louisiana: Section 1. Chapter 35 of Title 34 of the Louisiana Re- vised Statutes of 1950, comprising R.S. 34:3101 through R.S. 34:3114, both inclusive, is hereby enacted to read as follows: CHAPTER 35. DEEP DRAFT HARBOR AND TERMINAL AUTHORITY �3101. Object; purpose of Act A. It is the object and purpose of this Act to provide for the creation of a political subdivision of the state of Lou- isiana, possessing full corporate powers, known as the Deep Draft Harbor and Terminal Authority, hereinafter referred to as the "Authority", to promote, plan, finance, develop, construct, control, operate, manage, maintain and modify a deep draft harbor and terminal within the jurisdiction of said Authority and in order to promote the economic welfare of its citizens, and to provide the necessary facilities for docking, loading and unloading of vessels carrying liquid or dry bulk and energy cargoes. It is hereby declared to be in the public interest that this Deep Draft Harbor and Terminal Authority be created as a political subdivision of the state of Louisiana. B. It is further the object and purpose of this Act: 1. To promote the economic industrial wellbeing* of the existing port authorities of *the state of Louisiana and to promote interstate, national in(] international trade for the state of Louisiana, its subdivisions and the area served by the Mississippi River and its tributaries, and to provide that As it Rppears in the enrolled bill. Appendix A p.2 existing ports take such st cps individually and collectively to assure the maintenance of the economic wellbeing* of each port authority, as well as the whole; 2. To promote the industrial and petrochemical base of the Mississippi Valley. Region of the United States by providing ..adequate deep draft port facilities for the handling of the cargoes of deep. draft vessels; 3. To promote, in addition to port operations, scientific, recreational, and all other uses of the Deep Draft Harbor and Terminal which shall be in the public interest; . 4. To accommodate and plan for the technological innova- tions occurring in the worldwide and domestic shipping indus- try to increase efficiency and the flow of commerce through the Deep Draft Harbor and Terminal; 5. To protect environmental values and Louisiana's unique coastal marshland ecosystem through the adoption of an En- vironment,al Protect ion Plan; 6. To assert and protect Louisiana's economic, social and environmental interests in the development of any Deep Draft Harbor and Terminal outside the state of Louisiana where such development may have an impact upon the state of Louisiana; 7, The authority to constitute a political subdivision of the state of Louisiana and such functions exercised by the board all be deemed to be held as governmental empowered herein sh, functions of the state of Louisiana, as the exercise of the powers granted herein will, in all respects, be to the benefit of the people of the state, for the increase of their commerce and prosperity and for the improvement of their economic condition; 8. To assure that the Authority shall not be required to pay any taxes or assessments on any property acquired or used by it under the provisions of the Act or upon the in- come therefrom, and any bonds issued hereunder shall be serviced from the income of said facility and shall be exempt from taxation by the state of Louisiana, and by any munici- pal or political subdivision of the state. �3102. Definitions For the purposes 'of this Act, the following definitions shall apply: (1) "Deep Draft Ilarbor.and Terminal" means a-,struc- ture, or series of structure,; or facility of any type emplaced in constal waters and designed to accommodate the cargo or passengers of deei) draft vessels whose draft is greater than As it uppenra in the enrolled hill. Appendix A p.3 the deptlis of typical inland harbors and waterways "com- monly used by occan going traffic during the first half of the twentieth century, including all those structures and facilities functionally related thereto and necessary or useful to the ol3eration thereof 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 con- cept of a Deep Draft Harbor and Terminal may go, includ- ing but not limited to promoting the concept, raising funds to support the program, planning the uses of the facility, selecting a site for the physical facility and support facilities, designing the structures, constructing the facility and the support facilities, operating and maintaining the facility, ex- panding or renovating the facility, modification and retire- ment of the facility, and any other phases 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 Deep Draft Harbor and Terminal Au- thority which establishes those steps to be followed to in- sure the protection of the environment throughout all phases of the Authority Development Program. (4) "Three Deep-%vater Ports" means the Board of Com- missioners 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 Louisiana Wildlife and Fisheries Commission, the director of the Lou- isiana State University Center for Wetland Resources and the Executive director as created herein. (6) "Facility" means any structure or improvement ac- tively used on a regular basis in waterborne commerce. (7) "Coastal waters of Louisiana" means those waters ex- tending three nautical miles from the coastline, or beyond to the extent of the jurisdiction of the state of Louisiana. Nothing, contained herein -,hall be construed to affect Lou- isiana's, claim to it's* tidelands or the location of Louisiana's coastline as ii-iterpreted by the State of Louisiana. �3103. Jurisdiction; domicile A. The Authority shall have exclusive jurisdiction over the Authority Develomnent Proil,ram within the coastal waters of Louisiana. The jurisdiction of the Authority shall not in- clude or extend to the takiiiir, control or operation of exist- AF it opitrmt in ill(, hill. Appendix A p.4 ing, proposed or future facilities of existing port authorities except by mutual agreement. B. The Authority shall have the right to acquire by lease or purchase waterhottorns inside and outside of the terri- torial limits of the state of Louisiana for use in the con- struction, operation or maintenance of the facilities func. tionally required, related, necessary or useful to the operation of the Authority. C. The domicile of the Authority shall be in the city of New Orleans; however, by appropriate act of the board of commissioners the domicile in' ay be relocated to an appro- priate location within the structures and facilities constructed or acquired by the Authority. �3104. Board of commissioners; qualifications; selection; terms; vacancies; compensation A. The Authority shall be governed by R board of commis- sioners consisthiv of nilie members chosen on the basis of their dem6nstraC@d experience in civic leadership and their stafure and ability to act effectively for the best interests of Louisiana. B. All commissioners sball be appointed by the governor. Two shall be selected from a list of nominees submitted by Louisiana's Three Deepwater Ports, with each Deepwater Port recommending two nominees. Two shall be selected from each of the three Public Ser- vice Commission Districts in the state of Louisiana. One of the members selected from the three Public Service Commission Districts shall be selected for his primary inter- ,il environment of Louisiana. est in protecting, the unique coast, One member -,hall be selected from the State at large. Once a final determination is made as to the location of the deep draft harbor and terminal, the first vacancy oc- curring on the board shall be filled by appointment of a resident of a parish in -%vhich, or offshore from which, the deep draft harbor and terminal is to be located. This appoint- ment shnil be from v list of three names to be submitted by the governing authority of the Parish in which, or offshore from which, the deep draft harbor and terminal is to be located. If the deep draft harbor and terminal is located in, or offshore from, niore than one parish, then the governing authority of each such parish shall submit to the Governor a I i. ;t of three minies and from the lists so submitted the Governor -,hall select said appointee. C. Each of the nino coniniissioners shall serve a five year term, except the initial appointees. Appendix A P.5 A commissioner may not serve more then* two consecutive five year terms on the board of commissioners. , The first nine appointments shall be for terms of one Ynember for one year, two for two years, two for three years, two for four years, and two for five years. The governor shall exercise his discretion as to which nominees to appoint to the initial shortened terms. Thereafter, all commissioners appointed as herein provided shall serve five year terms. D. All vacancies shall be filled for the unexpired term in the same manner as the appointment originally made, ex- cept as herein provided. A commissioner may be removed by the governor for just cause. E. The members of the board of commissioners shall serve without compensation, but shall be reimbursed for travel ex- penses incurred in attending meetings, at rates and standards as promulgated by the American Automobile Association or a comparable recognized standard. �3105: Duties of board; officers; rules; meetings; quorum A. The board of commissioners shall be the governing body of the Authority with full power to promulgate rules and regulations for the maintenance and operation of said Au- thority. B. The board of commissioners shall be a governing body of laymen. It shall formulate general policy. It shall decide upon all matter relating to the Authority Development Pro- gram. It shall adopt all aniiual operating and capital budget. C. The commissioners shall elect a president annually from among themselves. D. The executive director, as chosen by the commissioners, shall be the secretary of the board. E. The board of commissioners shall prescribe it own rules, which shall be adopted and promulgated in accordance with law. F. The board of commissioners shall meet at lease* once every sixty days or upon the written request of three mem- bers, or upon the written request of the president. G. All matters to be acted upon by the board of commis- sioners shall require the affirmative vote of at least five comni i ssi oilers, with the exception that the affirmative vote of not less than six commissioners shall be required to select the executive director. �3106. Annual reports; revenues dedicated to Authority; 4 Apt it alyl-enra in 'the es,rollvd bill. Appendix A p.6 revenu'e surplus-, audit; central listing of employees and in- vestment of idle funds A. The board of commissioners shall make an annual re- port to the governor showing all receipts and disbursements of the board; the number of arrivals and departures of ves- sels and their tonnage; the exports and imports passing through the Authority; the general condition of the Authority and its structures, facilities and other properties; and make such recommendations for its development; welfare and man- agement as may seem advisable. B. All revenues generated by the Authority are hereby dedicated to the Authority to be used to further the pur- pose of this Act subject to the limitations stated herein. Any revenues of the Authority derived from any source whatsoever remaining at the end of each fiscal year, after the payment and satisfaction of all obligations of the Au- thority,under the terms of any resolution or resolutions au- thorizing the issuance of bonds hereunder, and after paying ating and maintaining the Authority, pro- all expenses of oper. viding for renewal or replacement thereof, providing ade- quate reserves f or continuous operation of the Authority, providing for the acquisition or const-rueltion of improvements to such facilities and the purchase of equipment and furnish- ings therefor, shall be considered as surplus. Said surplus shall be turned over to the general fund of the state of Louisiana for the use and benefit of its citizens. C. The fiscal affairs of the Authority sball not be subject in any respect, to the authority, control or supervision of any regulating body of the state or any political subdivision thereof, but its books and records shall be subject to audit annually by the legislative auditor and its employees shall be listed on the central listing of state employens and it shall invest its idle funds in accordance with the Investment of Idle Fundg Act and it shall be subject to the provisions of the Code of Ethics. � 3107. Executive director; selection; duties; employees; compensation A. The board of commissioners shall select an executive director who shall exercise all control over all executive func- tions and the general operation of the Authority. The execu- tive director Shall -,i*ve at the pleasure of the board. All em- ployees of the Authority shall be responsible to the executive director who sliall orrani7c the personnel employed by the Authority in the most efficient manner to accomplish the purposes of the Anthority as nrovided in this Chapter and by regulatio.ns established by the Authority's board. 13. The executive director, in addition to his usual func- Appendix A p.7 tions, shall be secretary to the board of commissioners. The board of commissioners shall fix the compensation of the executive director. C. Within six months after operation of the Port Author- ity has cormmenced, the executive director, with the advice and consent of the Board of Commissioners of the Port Au- thority, shall submit a plan of Classified Civil Service for all employees of the Authority except the board of commis- sioners, the executive director, an assistant executive direc- tor, an executive secretary to the executive director, and professional employees hired on a contract basis. � 3108. Acquisition of sites; lease of stateowned water- bottoms A. To enable the Authority to perform the work herein provided, the state of Louisiana, acting by and through the register of state lands, is hereby authorized, empowered and directed to grant to the Authority a lease on stateowned waterbottoms in the Gulf of Mexico which are selected by the Authority as sites foi- the Deep Draft Harbor and Ter- minal; provided, however, that the mineral rights on any and all state lands shall be reserved to the state of Louisiana. Upon receipt of a request from the governing body of the Authoriy describing he lands to b leased by the Authority, it is hereby made the mandatory duty of the register of state lands to issue a certificate of title evidencing the lease of the land to the Authority as described in the request. B. The register of state lands shall lease the selected tracts to the Authority for five dollars qer acre per annum. C. All such leases shall be for a term of forty years,* but the legislature may reevaluate the rental payments upward or downward to reflect changing economic conditions. D. All -proceeds arising from the sale of such leases of stateowned waterbottoms shall be paid by the Authority to the state treasurer and shall become part of the general fund of the state of Louisiana. E. Nothing in this Part is intended to authorize the Au- thority to lease stateowned waterbottoms for the exploration, development and production of oil, --as, sulphur or other min- erals or for the cultivation or production of marine resources or detract from the authority of the state mineral board and/or Louisiana Wild Life* and Fisheries Commission- to lease for such purposes. However, tracts once leased to the Deep Draft Harbor and Terminal Authority may not be leased by the state mineral board or the Louisiana Wild Life* and Fisheries Commission without the express consent of the Au- As it appears in the enrollment --ll Applendix A p. 8 Appendix A P.8 thority, unless it can be shown by the state mineral board or the Louisiana Wild Life* and Fisheries Commission, by clear and convincing evidence, that such !ease or leases will not adversely affect present or future Authority operations. �3109. Powers A. The Authority shall be vested with exclusive and ple- nary authority to do any and all things necessary or proper for the Authority to promote, plan, finance, develop, con- struct, control, operate, manage, maintain and modify the Authority Development Program. B. To assert Louisiana's interest in any Deep Draft Har- bor and Terminal development in proximity to the Louisiana coast, the Authority is empowered to negotiate with and enter into contract.,;, compacts or other agreements with agen- cies, bureaus or other divisions of the federal government or other states of the United States concerning the Authority Development Program including jurisdictional aspects of the location of the Deep Draft Harbor and Terminal, sharing of revenue derived from the operation of the Deep Draft Har- bor and Terminal and promulgation and enforcement of regu- lations governing Authority operations. C. The Authority is granted all powers capable of being delegated by the legislature tinder Article XIV, Section 31 of the Constitution of the state, including but not limited to authority: 1. To own, construct, operate, maintain and lease docks, wharves, <hds, elevators, pipelines, pumping stations and facilities, storage facilities, housing and food facitlity, heli- port, locks, slips, laterals, basins, warehouses and all other property, structures, equipment and facilities, including belt and connecting lines of railraods* and works of public im- provement necessary or useful for Deep Draft Harbor and Terminal purposes. 2. To dredge and maintain shipways, channels, slips, basins and turning basins. 3. To establish, operate and maintain in cooperation with the federal government, the state of Louisiana and its vari- ous agencies, subdivisions and public bodies, navigable water- way systems. 4. To acquire by expropriate any real property in fee, leaving the ownership of any minerals or mineral rights in the former owners, and the prescription of nonuse shall not run against said minerals or mineral rights. In the event of expropriation, the compensation to be paid shall be the actual market malue of the property at the time of taking. In the An it appears in the enrolled bill. Appendix A p. 9 Appendix A P.9 event of the acquisition of a servitude, or use of any state- owned waterbottoms on which there has been granted an oyster ]case by the Louisiana Wildlife and Fisheries Commis- sion, the private oyster lessee shall be reimbursed by the Authority for the actual market value of said lease. 5. To borrow from any person or corporation using or renting any land or dock or warehouse or any facility of the Authority stich sums as shall be necessary to improve the same according to plans and specifications approved by the Authority, and to erect and construct such improvement, and agree that the loan therefor shall be liquidated by deducting from the rent, dock, wharf or toll charges payable for such property, a percentage thereof to be agreed on, subject, how- ever, to any covenants or agreements made with the holders of revenue bonds issued under the authority set forth in Sec- tion 3108 of this Chapter. 6. To collect tolls and fees. 7. To borrow funds for the business of the Authority. 8. To scl@ct an official journal for the publication of the official acts of the Authority. 9. To mortgage properties constructed or acquired by said Authority and to mortgage anO pled.-le any lease or leases and the rents, income and other advantages arisin.- out of any lease or leases granted, assigned or subleased by the Authority. D. The Authority is hereby empowered to take all neces- sary steps to protect Louisiana's unique coastal environment from any short-term or long-term damage or harm which might occur from any aspect of the Authority Development Program. E. The Authority may contract with any agency, public or private, to provide for public utilities on such terms as are agreed upon" the Atithority and the respective utilities for the financing, construction and extension of sewerage, water, drainage, electricity, gas and other necessary public utilities in and through said development. F. Said authority may lease or s'ublease lands ]eased from the State of Louisiana and is authorized to negotiate and enter contracts or agreeniciAs with any public or private in- dividual, or corporation, for the construction and operation of a petroleum terminal as in interstate common carrier. � 3110. Protection of deepwater ports A. To prevent impairnient of the bonds of the Three Deep- w ater Ports which are backed by the full faith and credit An it appears in tho enrolled bill. Appendix A P.10 of the state, and to recognize the existing authority of and functions performed by the established ports and harbors of Louisiana, it is hereby recognized that the function, power and authority of the various existing port authorities estab- lished pursuant to Article 14, Section 31 of the Louisiana Constitution, and others established by specific Constitu- tional provision are not to be diminished by the jurisdiction and powers exercised by the Deep Draft Harbor and Ter- minal Authority except as provided in this Act. B. The Authority may enter into intergovernmental con- tract ac@reements with existing port authorities, individually, or with any other parish, city, municipality or subdivision of the state, and may en-age jointly in the exercise of any power, the making of any improvements which each of the participating authorities may e%ercise or undertake individu- ally under any provision of general or special law. C. The Authority, in establishing or enacting its rates and charges for bulk cargo shall consider the overall economic impact on the economy of the Three Deepwater Ports, and its charges ard rates shall be compensatory. D. The Authority shall not engage in the handling of break bulk or general cargro without the prior -svritten agreement of the Three Deepwater Ports, which agreement, among other provision,-,, may provide for use of existing port facilities. rates, wharfage fees and other matters of mutual interest. 11 1 � 3111. Public contracts A. All public works exceeding the sum of ten thousand dollars, including both labor and materials, to be performed by the Authority shall be governed by Louisiana Revised Statutes 38:2211, et seq. However, this provision sliall not apply in cases of extreme public emergency, where the Au- thority has certified such public emergency, but in such case notice of such public emergency shall be published in the official journal of the Authority within ten cays thereof. B. Where the Authority deems it advisable and in the public interest to purchase machinery, equipment or vehicles of certain makes, hinds or types, the advertisement may specify the makes, kinds, or tNIpes and, after Lhe advertising, the Authority nnay purchase those makes, kinds or types, but they sliall not pay more than tho actual market price for the machinery, equipment or vehicles. � 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. 13. The Authority is f-ranted the power to incur debt and issue bonds by any of the means authorized by the Consti- Appendix A P. tution and laws of the State of Louisiana, including but without limiting the generality of tile foregoing Article XIV, section 31, and Article XIV, Section 1, and paragraphs (b.2) and (b.3) of the Louisiana Constitution. C. Any revenue prodUCing wharf, dock, warehouse, ele- vator, industrial facility or other structure owned by or to be acquired by the Authority from proceeds of 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 the state in connection with the issuance of revenue bonds of political subdivisions of the state. D. As all additional grant of authority heyond other pro- visions of the Constitution, the Authority is authorized, with the approval of the state bond and tax board, to issue ne- gotiable bonds for any purpose within their delegated au- thority, and to for the payment of the principal and interest of such negotiable bonds the income and revenues derived or to be derived from the properties and facilities maintained and operated by them or received by the Author- ity from other sources. E. Stich negotiable bonds may be further secured by a conventional mortgage upon any or all of the property con. structed or acquired, oi- to be constructed or acquired by them. F. To further secure such negotiable bonds the Authority may apply in whole or part any money received by gift, grant, donation or otherwise from the United States, the state of Louisiana, or any political subdivision thereof, unless otherwise provided by terms of the gift, devise, donation or similar grant. G. Stich bonds shall be authorized by a resolution of the board of commissioners of the Authority and shall be of such series, bear such date oi- dates, mature at such time or times not exceeding forty years from their respective 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 full registered without coupons, carry such registration and exchangeability privelege, be payable in such medium of payment mid at such place or places, be subject to Such terms of redemption not exceeding 105% the prin- cipal amount thereof, and be entitled to such priority on the revenues of the Authorityas such resolution or resolutions may provide. The bonds shall be signed by such officers, as the Authority shall determine, and coupon bonds, shall have attached thereto interst coupons hearing the facsimile sig- natures of such officer or officers, of the authority as it shall designate. Any such bonds may be issued and delivered notwithstadning that one or more of the officers signing Appendix A p.12 such bonds or the officers whose facsimile signature or sig- natures may be upon the coupons shall have ceased to be such officer or officers at the time such bonds shall actually have been delivered. Said bonds shall be sold for not less than par and aCCrUed interest to the highest bidder at a public sale after advertisement by the Authority at least seven days in advance of the date of sale, in newspapers or financial journals published at such places as the Authority may determine, reserving to the Authority the right to reject any and all bids and to readvertise for bids. If, after ad- vertisement as hereinabove provided, no bids are received, or if such bids as are received are considered in the dis- cretion of the board of commissioners of the Authority to be unsatisfactory, then and in that event the board of com.- MiSSIONERS May Publicly negotiate for the sale of such bonds without further advertisement. No proceedings in respect to the issuance of any such bonds shall be necessary except such as are contemplated by this Section. H. For' a period of thirty days from the date of publica- tion of the resolution authorization the issuance of bonds here- under, any persons in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause after which time no one shall have any cause or right of action to contest the legality of said reso- lution or of the bonds authorized thereby for any cause whatsoever. If no suit, action or proceeding is begun con-: testing the validity of the bond issue within the thirty days herein prescribed, the authority to issue the bonds and to provide for the payment thereof, and the legality thereof and all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters. 1. Such bond-, shall have all the qualities of negotiable in- struments under the law merchant and the Negotiable Instru- ments Law of the state of Louisiana, and shall be exempt from income and all other taxation of the state of Louisiana. J. No bonds as herein described shall be authorized, issued or sold except in accordance with specific authorizations here- after granted by the legislature for each issue. �3113. Environmental Protection Plan A. Throughout all aspects of the Authority Development Program there shall be in existence an Environmental Pro- tection PLan, the details of which shall be followed in all re- spects by the executive director in carrying out any aspect of the Authority Development Program. B. The Environmental Protection Plan shall be formulated by the three directors, herein defined. with the advice and consent of the board of Commissioners of the Authority. Appendix A p.13 C. The Environmental Protection Plan shall be promulgated by the executive director under the rule-making procedures of the Louisiana Administrative Procedure Act of La. R.S. 49:951-49:966. D. The Environmental Protection Plan shall be promulgated within a reasonable time after the appointment of the execu- tive director, but in no event more than eighteen months after the effective date of this Act. An acting executive director or a temporary executive director may fulfill this function if a permanent executive director is not as yet appointed. E. The Environmental Protection Plan may be amended at any time in accordance with the provisions of the Louisiana Administrative Procedure Act, to reflect changes in the Au- thority Development Program. Initiation for changes may come from any of the three directors or any interested person. F. In preparing the Environmental Protection Plan, or any amendment thereto, at any time during the Authority De- velopment Program, the three directors shall make every effort to reach a consensus. If they are unable to agree, each shall proffer his proposed Environmental Protection Plan and and present it to the board of commissioners for its considera- tion. Each of the three directors shall present. detailed coin- ments to the board of commissioners, with recommendations as to the best Environmental Protection Plan. After receiving and studying the recommendations, the board of commission- ers shall decide wh1ch plan or combination of plans shall be adopted and promulgated. G. The Environmental Protection Plan shall be an integral part of the Authority Development Program. Costs incurred to develop the initial plan, or any amendments to it, shall be considered in internal cost of the Authority Development Pro- gram and shall be considered a cost to the same extent that economic, engineering or promotional programs are con- sidered costs. The three directors shall agree on the appropri- ate level of funding for the developing of the Authority En- vironmental Protection Plan, prepare any amendments thereto, and carry out the requirements of the Plan. To the extent possible, federal funds shall be sought to assist in this effort. H. The best talent available shall be sought to perform the studies and surveys neccssary to develop in Environmental Protection Plan and carry out its requirements in accordance with this Act. To the extent possible, University based, public and private researchers in Louisiana shall be utilized. fn all .cases, the research in support of the Environmental Protection Plan shall be coordinaed by agreement of the three directors. The results of all research done in support of the Environ- mental Protection Plan shall be open to the public and abial- able to any interested person, Appendix A p.14 1. The Environmental Protection Plan shall contain specific provisions implementing Subsection J below. If specific pro- visions cannot be set forth due to uncertainties in the Au- thority DuNelopment Pro-ram, then the Environmental Pro- tection 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 pro- visions 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 Act. J. The Environmental Protection Plan shall: (1) Summarize the salient feature of an inventory of all potential and actual stresses on the natural and human en- vironment which can be reasonably expected to occur in pur- siting the Authority Development Program. Consider@@.tion shall be _(-,iven to stresses which have occurred in other parts of the coui)try and the world where similar functicnal opera- tions were bein.- performed. Consideration shall be given to the peculiarities of Louisiana's coastal environment. The inventory of potential and actual stresses shall include a pre- diction of the stress on the coastal environment of major accidents which could logically be expected to occur through- out the Authori@y Development Program, even tiliough& all precautions against such accidents have been taken. (2) Describe the essential features of existing environ- mental 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 of potential and actual stresses required in the above Paragraph so that the site selected will result in the least total stress on the environment. Indicate how economic considerations are compared with the assessed total stress on the environment to arrive at the best. economic-ecologic formula for determination of a site for the Deop Draft Harbor and Terminal. State the location and availability of the environmental data upon which these determinations are based. (3) State how the Deep Draft Harbor and Terminal facility design miiiii-nizes potential environmental damage, considers envirwimental factors as a positive part of the design, and controls ]oil,, icrin 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 how the operational aspects of the Authority Development Prom-nin will be conducted so as to minimize environmental problems, including but not limited to a monitoring program by the Louisiana Wild Life* and A. it nplwara in tho enrolled 1,01. Appendix A P.15 Fisheries Commission; establishment of constructional and operational guidelines for environmental protection; strong enforcement provisions, and mechanisms to insure cleanup of accidental spills by technical means, with a surety bond to insure performance. The plan shall consider the circumstances which may justify the temporary cessation of the port activi- ties. (5) Provide procedure-, for the funding of projects to be paid for by the Authority to' the Louisiana Wild Life" and Fisheries Commission or any agency designated by the gover- nor which shall compensate the coastal environment for loss that may be sustained through the stresses oil the environ- ment created by the Authority Development Program. (6) Analyze ongoing programs of the federal, state and local governments, designed to protect the coastal environment and to insure that there is no unnecessary duplication of ef- fort and to insure that cooperation and coordination of en- vironmetal protection measures are achieved. The opinion of all agencies with a responsibility for monitoring the coastal environment shall be sought with regard to this Coastal Protection Plan prior to its promulgation, to determine if there are incompcapabilities between specific provisions of this measure and the requirements of other rules and regula- tions. K. Nothing in this Section is intended to diminish in any way the authority of the Louisiana Wild Life* and Fisheries Commission. �3114. Coordination and cooperation A. It is tile policy of this Act that the Authority Develop- ment Program be pursued so that there is full coordination and cooperation between agencies and groups that have com- plementing, or overlapping. interests and the Authority. It is not the policy of this Act that the Authority Development Program be pursued independently and with a view toward narrow, short-term interests. B. The board of Commissioners shall tak affirmative steps to fully coordinate all aspects of the Authority Development Program with the Louisiania Advisory Commission oil Coastal and Marine Resources (Act No. of 1971.) or its successor group, which is charged with the development of a coastal zone management plan for the state. C. The board of commissioners shall take affirmative steps to insure that tile Authority Developing Program is co- ordinated into the planning programs of other modes of transportation to include rail, road, waterway, air mid pipe- line, so that there is a long-term and orderly pursuit of trans- As it appears in the enrolled bill. Appendix A p.16 a C portation services in the coastal zone which are interrel, t d and coordinated so as to achieve the most efficient and eco- nomical transportation program that is feasible and that will be least destructive of other values in the state. D. The board of commissioners sliall insure that the ap- propriate federal agencies which are required by federal law to plan or re.-ulate transportation facilities or programs are consulted regularly and are fully involved in the Authority Development Program where appropriate. Sectiorf 2. If any provision or item of this Act or the appli- cat-o' thereof is held invalid, such invalidity sball not affect Other provisions, items or applications of this Act which can be given effect without the invalid provisions, items or appli- cations, ind to this end the provisions of this Act are hereby declirod severable. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved by the Governor: July -12, 1972. A true copy: WADE 0. MARTINT, JR. Secretary of State. Appendix A p.17 J 3 6668 14105 7770