Louisiana Administrative Code

A. Fuel ethanol sold, offered for sale, or distributed in Louisiana shall be identified by the capital letter E followed by the numerical value volume percentage of ethanol. B. Each retail dispenser of fuel ethanol shall be labeled with the capital letter E followed by the numeri…

A. Fuel methanol sold, offered for sale, or distributed in Louisiana shall be identified by the capital letter M followed by the numerical value volume percentage of methanol. B. Each retail dispenser of fuel methanol shall be labeled by the capital letter M followed by the numer…

A. No water phase greater than 6 mm (1/4 in), as determined by an appropriate detection paste, is allowed to accumulate in any tank utilized in the storage of gasoline-alcohol blend, aviation gasoline, and aviation turbine fuel. B. Water shall not exceed 50 mm (2 in) in depth whe…

A. The commissioner or his designee may obtain samples of any and all petroleum products provided for in this Subchapter that are sold, offered for sale, distributed, or used in this state. The samples may be taken from any commercial weighing or measuring device used in the sale…

A. When the analysis of a sample of a petroleum product performed in conformity with the provisions of this Subchapter discloses that the product from which the sample was taken does not conform to the specifications fixed by this Subchapter, it is the duty of the commissioner to…

A. All engine fuels designed for special use that do not meet ASTM specifications or standards set out in this Subchapter shall be registered with the commissioner, on forms prescribed by the commissioner, 30 days prior to when the registrant wishes to engage in sales. The regist…

A. ASTM Standard Test Methods referenced for use within the applicable Standard Specification shall be used to determine the specification values for enforcement purposes. B. Reproducibility Limits 1. When determining the Antiknock Index acceptance or rejection of a gasoline samp…

A. The following applies to compensation deferred under the plan. 1. A participant may not defer any compensation unless a deferral authorization providing for such deferral has been completed by the participant and is filed in good order with the administrator. Such election sha…

A. Except as provided in §305.A.1-2.a-b, the maximum that may be deferred under the plan for any taxable year of a participant shall not exceed the lesser of: 1. the applicable dollar amount in effect for the year, as adjusted for the calendar year in accordance with IRC §457(e)(…

A. For one or more of the participant's last three taxable years ending before the taxable year in which normal retirement age under the plan is attained, the maximum deferral shall be the lesser of: 1. twice the otherwise applicable dollar limit under IRC §457(e)(15) for that ta…

A. The participant shall be entitled to modify the amount (or percentage) of deferred compensation with respect to compensation payable no later than the close of the payroll period the compensation is earned, or as soon as administratively practicable, if later, provided such mo…

A. The commission shall have the right to modify or disallow the periodic deferral of compensation elected by the participant: 1. in excess of the limitations stated in LAC 32:VII.303.A and 305.A; 2. in excess of the participant's net compensation for any pay period; 3. upon any …

A. A participant may, at any time, revoke his or her deferral authorization by notifying the commission, in writing, on forms acceptable to the commission. Upon the acceptance of such notification, deferrals under the plan shall cease no later than the commencement of the first p…

A. A participant who revokes the participation agreement as set forth in §311.A may execute a new participation agreement to defer compensation payable no earlier than the payroll period after the election is made, or as soon as administratively practicable, if later, provided su…

A. Should a participant participate in more than one deferred compensation plan governed by IRC §457, the limitations set forth in LAC 32:VII.303 and 305 shall apply to all such plans considered together. For purposes of LAC 32:VII.303 and 305, compensation deferred shall be take…

A. All amounts of compensation deferred under the plan, all property and rights purchased with such amounts, and all income attributable to such amounts, property or rights shall be held for the exclusive benefit of participants and their beneficiaries. The trust requirement of I…

A. Notwithstanding any provision of this plan to the contrary, contributions and benefits with respect to qualified military service shall be provided in accordance with IRC §414(u). B. Protection of Persons Who Serve in a Uniformed Service. An employee whose employment is interr…

A. If the total amount deferred on behalf of a participant for any calendar year exceeds the limitations described above, or the total amount deferred on behalf of a participant for any calendar year exceeds the limitations described above when combined with other amounts deferre…

A. Notwithstanding any other provisions in this plan to the contrary, the following shall apply to all section 3121 participants: 1. annual allocations to each section 3121 participant’s account must be equal to at least 7.5 percent of the participant’s annual compensation; 2. al…

A. No new campsite shall hereafter be constructed nor shall major alterations be made to existing campsites without the prior written approval of, and unless in accordance with plans and specifications approved in advance by, the state health officer. B. [Formerly paragraph 16:10…

A. The rules, regulations, standards, and methods as stated herein for well and hole abandonment were prepared in response to this directive and were developed in coordination with other state agencies, which are also concerned with the wise use of the water resources of the stat…

A. The rules, regulations, standards, and methods stated herein apply to water wells that are drilled, bored, dug, augered, or driven. They are designed to provide for the restoration, as nearly as possible, of those subsurface and surface conditions that existed prior to drillin…

A. The following wells, excavations, and holes are exempted from the provisions of rules, regulations, standards, and methods stated herein: seismic holes, cathodic-protection holes, saline water wells associated with secondary recovery operations, brine wells, oil and gas wells …

A. All water wells and holes abandoned on and after October 1, 1975, the effective date of the rules, regulations, standards and methods stated herein, shall be sealed in accordance with the procedure and methods stated herein.

A. If production operations have ceased, or a well is in state of disrepair prior to the effective date of procedures stated herein, and the owner has not and does not intend to place the well in the inactive status, the well shall be considered abandoned. The responsible party s…

A. The contractor who plugs an abandoned well or hole after October 1, 1975, shall complete Louisiana Department of Public Works Water Well Abandonment and Plugging Form (LDPW-GW-2) within 30 days after the completion of the work and submit the form (LDPW-GW-2) to the Louisiana D…

A. To assure that an abandoned water well or hole is plugged and sealed properly, and that there has been no "jamming" or "bridging" of the material, verification calculations and measurements should be made by the contractor to determine whether the volume of the material placed…

A. The Board of Commissioners may order at any time the site of an abandoned water well or hole inspected, to determine whether the work has been satisfactorily completed in accordance with the standards and methods stated herein, and as stated on the Water Well Abandonment and P…

A. In addition to the responsibility for submitting Form LDPW-GW-2 (§311) for wells or holes plugged and sealed after October 1, 1975, it shall be the responsibility of each water well contractor to inform a landowner, lessee, or person having a well or hole drilled or altered, t…

A. The drilling and construction records of a water well, if not in the owner's file, may be obtained from the water well contractor who installed the well and/or from one of the following governmental agencies. Louisiana Department of Public Works Post Office Box 44155, Capital …

A. Following are regulations and standards for determining the status of a dug, drilled, bored, augered, or driven water well or hole and for determining the party responsible for properly plugging an abandoned well or hole. B. Unless otherwise specified in the regulations and st…

A. An active well is an operating water well or a standby well that can be used with little effort and at any time, to supply water. When an oil or gas well has been converted to a fresh water well in accordance with the provisions of Section XIXG, Louisiana Department of Conserv…

A. Unless the landowner or lessee declares a well to be abandoned, the well is considered abandoned by the state of Louisiana when production operations have ceased for a period of one year or more and the well is in such a state of disrepair that the well cannot be placed in the…

A. A well considered inactive is one that is not presently operating but is capable of being pumped with a minimum of effort or one that is used as an observation well. The owner must give evidence of his intentions for continued use. As evidence of his intentions, the owner shal…

A. An inactive well can be used as an observation well by the landowner or lessee, or with the landowner's permission by governmental agencies, appropriate engineering or research organizations engaged in studies of the water resources of the area. Observation wells shall be cove…

A. A pilot hole driven, drilled, augered, or bored with the intent to install casing and obtain water shall be considered an abandoned hole when the hole is not cased and a well is not developed or used for water supply or observation purposes within 30 days after drilling operat…

A. When the responsible party fails to comply within the time allowed for the plugging and sealing of an abandoned hole or well in accordance with the rules and regulations stated herein, the police jury of the parish where the hole or well is located, after being so appraised, m…

A. The rules and regulations contained in this manual shall apply to all junkyards located within 1,000 feet of the nearest edge of the right-of-way on all interstate and federal aid primary highways in Louisiana. These rules do not apply to junkyards in zoned industrial areas, z…

A. The applicable law authorizing the state to regulate the establishment of junkyards and authorizing the screening or removal of junkyards is R.S. 48:461-461.15 (Act 474 of 1966) and in particular §461.9 through

A. The provisions of the Beautification Act regarding junkyards will be carried out by the traffic and planning division through its beautification and permits unit. The beautification sub-unit consists of one steno clerk and one engineering specialist who heads up the sub-unit a…

A. Predicated on the assumption that adequate funding for initiating screening, relocation, or removal projects will be provided, the department will attempt to first have illegal junkyards screened, relocated, or removed along the interstate and federal aid primary highways. Thi…

A. The beautification and permits unit will have the responsibility of maintaining a current inventory of all junkyards, conducting a continuing surveillance program to discover illegally established or maintained junkyards, and to initiate procedures to obtain compliance with th…

A. Junkyards which were in existence at the time of the passage of the state law in 1966 and which were not established in violation of any other law, ordinance, or valid regulatory standard, will be screened or removed on a site by site basis by the Department of Highways. In sc…

A. Junkyards not lawfully established shall be screened or removed by the junk owner. If the junkyard is to be screened, detailed plans including a plan and profile view of the proposed screening in addition to a description of the materials to be used shall be submitted to the L…

A. Fences 1. The fencing shall be of suitable material and constructed so it will be capable of remaining erect. 2. The fencing shall be high enough to screen all junk and junked cars from view of the traveled way of the highway. Should the junk piles be increased in height, the …

A. An on-site inspection will be made of each location by the landscape architect of the location and design section and a representative of the right-of-way section to determine if the topography of the land will permit effective screening. If effective screening is possible, an…

A. Whether the screening of a nonconforming junkyard is along an interstate or a federal aid primary highway, the length of a given project will depend upon establishing terminal points of a control section with limitations to project size being imposed only by the number of, and…

A. Valuation. This method of junkyard control will be used only as a last resort. Moving costs will be determined by an appraiser or consultant on the basis of information obtained from salvage yard operators, contract carriers, and any other reliable source. The junk owner will …

A. Documentation for federal participation will be as prescribed in the most current federal publications regarding junkyards. The department will use before and after photographs on the junkyard site and the screened or relocated site. B. Definitions 1966 Inventory―the record of…

A. Produced water generated from the drilling and production of oil and gas wells shall be disposed of into subsurface formations not productive of hydrocarbons, unless discharged or disposed of according to the provisions of §303.E or transported offsite in accordance with LAC 4…