Louisiana Administrative Code

A. Existing Pits 1. Each pit which was constructed prior to January 20, 1986, is an existing pit. Use of an existing pit is prohibited unless the operator has reported that pit to the Office of Conservation by July 20, 1986, according to the requirements of this Paragraph. Notifi…

A. Produced Water, Onshore Terminal, and Washout Pits 1. Except where exempted by §303.K.8 and §303.M, groundwater aquifer and USDW protection for above-listed pits shall be provided by one of the following. a. A liner along the bottom and sides of pits which has the equivalent o…

A. Upon a determination by the operator or the Office of Conservation that any pit subject to this rule is likely to contaminate a groundwater aquifer or a USDW, the Office of Conservation shall require the timely submission of a plan for the prevention of such contamination. Suc…

A. Pits must be closed properly to assure protection of soil, surface water, groundwater aquifers and USDW's. Operators may close pits utilizing onsite land treatment, burial, solidification, onsite land development, or other techniques approved by the Office of Conservation only…

b. a copy of ENG-15 or ENG-15-CP with pit identification number shown thereon; c. an affidavit of no objection from the Louisiana Department of Wildlife and Fisheries obtainable by contacting: La. Department of Wildlife & Fisheries P.O. Box 98000 Baton Rouge, LA 70898 Telephone: …

A. General Provisions 1. The disposal (subsurface injection) of drilling and workover waste fluids (including reserve pit fluids) into (1) a newly drilled well which is to be plugged and abandoned; or (2) into the casing annulus of a well being drilled, a recently completed well,…

A. General Provisions 1. Community Saltwater Disposal Wells and Systems. The use of a legally permitted saltwater disposal well and system for community saltwater disposal purposes is prohibited unless the disposal well system operator submits a statement of noncommercial operati…

A. The commissioner may grant an exception to any provision of this amendment upon proof of good cause. The operator must show proof that such an exception will not endanger USDWs.

A. This order shall supersede §129 of Office of Conservation Statewide Order No. 29-B (effective November 1, 1967). Any existing special orders authorizing disposal of saltwater under conditions which do not meet the requirements hereof shall be superseded by this amendment and t…

A. All oil and gas and commercial facility operators shall be required to comply with applicable portions of this amendment within 90 days of the effective date, provided that all existing commercial facility operators shall be exempt from all permit application and public hearin…

A. Direct lease-financing transactions are valid and proper activities that Louisiana state banks may engage in, in their course of business under the following. 1. A Louisiana state bank may become the owner and lessor of personal and real property upon the specific request of a…

A. A state bank may participate in total eligible bankers' acceptances to any one bank in an amount not to exceed 200 per centum of the paid-up and unimpaired capital stock and surplus of the purchasing bank. Eligible acceptances shall be those defined in Title 12 of the United S…

A. Definitions Bank―Louisiana state-chartered banks and state-chartered savings banks. Commissioner―the Commissioner of Financial Institutions. Executive Officer―an employee who participates or has authority to participate in major policy-making functions of the bank but does not…

A. Activities engaged in by a corporation ("agreement corporation") (under an agreement with the Board of Governors of the Federal Reserve System (the "Federal Reserve"), including an agreement under Section 25 of the Federal Reserve Act (12 U.S.C. §§601-604(a)), pursuant to whic…

A. This regulation is issued pursuant to the authority provided by §415(7) of Title 6 of the Louisiana Revised Statutes (R.S.). B. It is the purpose of this regulation to provide a method by which a state bank may exceed lending limit restrictions, imposed by R.S. 6:415(A), when …

A. For purposes of these regulations, the following terms shall have these meanings. Commissioner―the Commissioner of Financial Institutions. Directors, Executive Officers, and Principal Shareholders of the Originating Bank―persons so defined under the Federal Reserve Board's Reg…

A. Any state bank may provide financing to facilitate the sale of other real estate, in excess of lending limits as established in R.S. 6:415(A), provided prior written approval of the commissioner has been obtained and, subject to compliance with provisions of this regulation, t…

A. This regulation is issued pursuant to the authority provided by R.S. 6:243(B)(5). B. It is the purpose of this regulation to provide for those exceptions where a bank may exchange any property, lawfully acquired as provided by R.S. 6:243 A.

A. For purposes of these regulations, the following terms shall have these meanings. Commissioner―the Commissioner of Financial Institutions. Current Appraisal―an appraisal which has been obtained within 12 months prior to the exchange, provided there has been no significant chan…

A. A bank, solely for the purpose of minimizing potential loss, may exchange property which is complex (including an undivided interest), difficult and/or uneconomical to maintain for property which is less complex, less difficult and/or more economical to maintain. This would in…

A. This rule provides an exception to a state bank's legal lending limit based on the treatment of a loan pool acquisition under R.S. 6:415(A)(6).

Creditworthy―meeting established standards which are positive assessments of a borrower's ability to repay debt. Executive Officer―an officer of the bank selected by the board of directors at the level of vice president or above possessing sufficient technical knowledge of and ex…

A. Designation of Person. The board of directors shall adopt a resolution in writing designating an executive officer of the bank or qualified third party to conduct a review of a representative portion of the pool of loans to determine that the individual borrowers appear credit…

A.1. For treatment of the pool as individual loans for legal lending limit calculations, the bank must maintain an affidavit signed by the person or persons conducting the review and countersigned by the board of directors stating that: a. a representative portion of the individu…

A. Although the pool may be considered as individual loans for legal lending limit purposes, the bank shall also review the financial condition of the seller on a regular basis, including condition at purchase date, on those agreements where full or partial recourse exists. B. Th…

A. The commissioner has determined that the following terms are not defined under the Louisiana Banking Code, R.S. 6:1 et seq., and adopts the following definitions for all purposes set forth therein. Fixed Annuity―a form of financial investment instrument whose primary function …

A. Upon approval of the Commissioner of Financial Institutions, a state-chartered bank and/or its subsidiary and employees may engage in the sale of fixed or variable annuities and earn commissions thereon. B. A state-chartered bank and/or its subsidiary and employees shall obtai…

A. As used in this regulation: Affiliate―a corporation which owns or controls a bank, and any other corporation which is owned or controlled by the corporation which owns or controls the bank, including but not limited to entities defined as affiliates under the provisions of 12 …

A. The water storage, cleansing, bedding or conditioning of shell stock shall not be permitted or practiced in water with a salt content less than that in which shell fish will naturally grow to maturity, and shall not be permitted or practiced on the following: 1. [formerly para…

A. All boats utilized for the harvesting or transporting of shellfish shall be provided with a false deck or bottom to prevent the contamination of shellfish with bilge water. For the purpose of this regulation, bilge water may be defined as any water that collects in the lowest …

A. Owners and operators of all vessels in which persons are engaged in the handling of shellfish from the planting or growing grounds, shall provide their vessels with suitable receptacles, including tight fitting lids. These waste receptacles shall be properly labeled with the w…

A. The discharge of human waste from any camp, boat or other source into the waters directly over, or adjacent to, areas where the shellfish are being produced for market is prohibited.

A. Shell-stock held in wet or dry storage shall be so kept at all times that it will not become contaminated. Shell-stock held in wet storage shall meet the requirements of §301 of this Part. Shell-stock held in dry storage shall be packed in clean containers and stored above the…

A. No person, firm or corporation shall operate or conduct an establishment for the cleaning, shucking, picking, peeling, or packing of any marine or fresh-water animal food product within the state of Louisiana until it has been inspected and approved by the Louisiana state heal…

A. Plans for new establishments shall be submitted to the Louisiana state health officer for approval before construction. B. [formerly paragraph 9:012] The construction of plants for cleaning, shucking, picking, peeling, packing, or otherwise handling marine or fresh water anima…

A. The minimum equipment of marine and fresh water animal food product plants shall comply with the requirements listed in §315.B-E of this Part. B. [formerly paragraph 9:023] There shall be available a continuous supply of hot water for cleaning purposes, in or about the establi…

A. The operation of plants engaged in shucking, cleaning, picking, peeling or packing marine or fresh water animal food products shall meet the requirements listed in §317.B-O. 1. Hazard Analysis. Every dealer shall conduct a hazard analysis to determine the food safety hazards t…

A. No person, firm, or corporation holding or required to hold a permit under §311 of this Part shall engage in the sale or distribution of emptied crustacean or molluscan shells to a “food establishment”, as that term is defined in LAC 51:XXIII.101—except for the cephalothoraxes…

D. [Formerly paragraph 9:050] Railroad cars and trucks in which shellfish are shipped in sacks shall be kept clean. All cars and trucks shall be subjected to proper inspection to see that they conform to this rule. Conveyances used to transport shellstock shall be constructed to …

A. Shellfish in the shell, except bulk shipments made as described in §321.A and B, shall be packed in clean barrels or sacks. B. [formerly paragraph 9:048] Shipments of shell-stock in bulk, not sacked or barreled, shall not be made by truck or car except where the shipment is fr…

A. In order that information may be available to inspectors and others with reference to the origin of shell-stock oysters, clams and mussels from all areas, all containers holding shell-stock shall be identified by a tag or label, form and substance of which shall be approved by…

A. Shellstock containers which are not tagged or labeled in accordance with the tagging or labeling requirements of this Part shall subject the contents thereof to seizure and destruction.

A. Shellstock shall be placed under mechanical refrigeration at an air temperature (measured 12 inches from the blower) not to exceed 45°F within the time period prescribed herein; and shall be maintained at or below that temperature through out all levels of commerce. Shellstock…

A. Time to refrigeration requirements for shell-stock harvested for raw consumption during the months January through December shall be based on the Average Monthly Maximum Water Temperatures based on the Vibrio vulnificus control plan developed by the Office of Public Health Mol…

A. Any shellstock harvested in the months of May through October for raw consumption only by persons within the state of Louisiana shall be placed under mechanical refrigeration at an air temperature not to exceed 45⁰F within 5.0 hours from the time harvesting begins and such she…

A. Time to refrigeration requirements for shell-stock harvested for shucking or post-harvest processing by a certified dealer during the months January through December shall be based on the Average Monthly Maximum Air Temperature developed by the Office of Public Health Mollusca…

A. Shell-stock harvested for delivery to a steam factory for canning and thermal processing shall be landed at the factory within 72 hours from the time harvesting begins. The time harvesting begins and the time of arrival at the factory shall be recorded on the harvester's invoi…

A. Shell-stock not produced in accordance with the requirements outlined in §§327-333 shall be deemed adulterated and shall be subject to seizure and destruction.

A. No person shall engage in the business of checking on the condition of molluscan shellfish in growing waters closed by the state health officer prior to obtaining a permit for that purpose from the state health officer. Applications shall be and filed not less than 14 days pri…

A. Permits shall be granted at the discretion of the Department of Health and Hospitals with the following restrictions. 1. No permittee, boat captain or crew member may serve on any vessels subject to this permit who has been cited or found guilty of violations relative to the h…