Louisiana Administrative Code

A. The facility shall develop, implement and comply with a written grievance procedure for clients designed to allow clients to submit a grievance without fear of retaliation. The procedure shall include, but not be limited to: 1. process for filing a grievance; 2. a time line fo…

A. The CRC shall: 1. have a physical environment that protects the health, safety and security of the clients; 2. have routine maintenance and cleaning programs in all areas of the center; 3. be well-lit, clean, and ventilated; 4. conduct a risk assessment of each client and the …

A. The CRC shall maintain all exterior areas to prevent elopement, injury, suicide and the introduction of contraband, and shall maintain a perimeter security system designed to monitor and control visitor access and client egress. B. The facility shall maintain all exterior area…

A. The regulations in this Chapter identify when military munitions become a solid waste and if these wastes are also hazardous under this Chapter or LAC 33:V.Chapter 1 and the management standards that apply to these wastes. B. Unless otherwise specified in this Chapter, all app…

A. A military munition is not a solid waste when: 1. used for its intended purpose, including: a. use in training military personnel or explosives and munitions emergency response specialists (including training in proper destruction of unused propellant or other munitions); b. u…

A. Criteria for Hazardous Waste Regulation of Waste Non-Chemical Military Munitions in Transportation 1. Waste military munitions that are being transported and that exhibit a hazardous waste characteristic or are listed as hazardous waste under LAC 33:V.Chapter 49 are listed or …

A. Explosives and munitions emergencies involving military munitions or explosives are subject to LAC 33:V.1003.F, 1301.G, 1501.7.a, and 4307, or alternatively to LAC 33:V.701.

A. Criteria for Hazardous Waste Regulation of Waste Non-Chemical Military Munitions in Storage 1. Waste military munitions in storage that exhibit a hazardous waste characteristic or are listed as hazardous waste under LAC 33:V.Chapter 49 are listed or identified as a hazardous w…

A. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in LAC 33:V.Subpart 1.

A. The Department of Revenue is responsible for collection of the oilfield site restoration fee imposed on the production of gas, oil, and condensate. 1. The fee shall be assessed on the same production that is taxed by the state's severance tax laws. 2. An annual fee, administer…

A. A tax lien shall be filed on liabilities when the tax due involves a jeopardy assessment pursuant to R.S. 47:1566. B. A tax lien may be filed on liabilities when any of the following conditions exist: 1. when liabilities reach warrant for distraint status; 2. information is re…

A. Payment for outpatient surgery services is a flat rate in accordance with the published fee schedule. The flat rate payment covers all services provided during the outpatient surgical admission. There shall be no cost settlement for outpatient surgery services except for the s…

A. Effective for dates of service on or after July 1, 2008, the reimbursement amount paid to small rural hospitals for outpatient hospital surgery services shall be as follows. 1. Small rural hospitals shall receive an interim payment for claims which shall be the Medicaid fee sc…

A. Effective for dates of service on or after February 20, 2009, the reimbursement paid to non-rural, non-state hospitals for outpatient surgery shall be reduced by 3.5 percent of the fee schedule on file as of February 19, 2009. B. Effective for dates of service on or after Augu…

A. Effective for dates of service on or after July 1, 2013, quarterly supplemental payments may be issued to qualifying non-rural, non-state public hospitals for outpatient surgical services rendered during the quarter. Payment amounts may be reimbursed up to the Medicare outpati…

A. Effective for dates of service on or after September 1, 2009, the reimbursement amount paid to children’s specialty hospitals for outpatient hospital surgery services shall be as follows. 1. Qualifying hospitals shall receive an interim payment equal to the Medicaid fee schedu…

A. Effective for dates of service on or after February 10, 2012, medical education payments for outpatient surgery services which are reimbursed by a prepaid risk-bearing managed care organization (MCO) shall be reimbursed by Medicaid annually through the Medicaid cost report set…

2. Maximum Peak Particle Velocity a. The maximum ground vibration shall not exceed the following limits at the location of any dwelling, public building, school, church, community or institutional building outside the permit area. Distance (D) from the Blasting Site, in Feet Maxi…

3. Surface-water monitoring shall proceed through mining and continue during reclamation until bond release. The office may modify the monitoring requirements, except those required by the NPDES permitting authority, including the parameters covered and sampling frequency if the …

4. Equipment, structures and other devices used in conjunction with monitoring the quality and quantity of surface water onsite and offsite shall be properly installed, maintained and operated and shall be removed by the operator when no longer needed.

2. Surface-water monitoring data shall be submitted every three months to the office or more frequently as prescribed by the office. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any surface-water samp…

4. Specific and feasible plans are submitted to the office which show that financing, attainment and maintenance of the post-mining land use are feasible and, if appropriate, are supported by letters of commitment from parties other than the person who conducts the surface mining…

4. Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with §5333. Such structures may not be retained permanently as part of the approved post-mining land use.

A. Each exploration hole, other drill or borehole, well or other exposed underground opening shall be cased, sealed or otherwise managed, as approved by the office, to prevent acid or other toxic drainage from entering the ground water or surface water, to minimize disturbance to…

A. Each exploration or development hole, other drill or borehole, well or other exposed underground opening which has been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor ground-water…

A. When no longer needed for monitoring or other use approved by the office upon a finding of no adverse environmental or health and safety effect, or unless approved for transfer as a water well under §5341, each exploration hole, other drill or borehole, well or other exposed u…

A. Before disturbance of an area, topsoil and subsoils to be saved under §5311 shall be separately removed and segregated from other material. B. After removal, topsoil shall either be immediately redistributed as required under §5315 or stockpiled pending redistribution as requi…

G. The final configuration of the fill must be suitable for post-mining land uses approved in accordance with §5431, except that no depressions or impoundments shall be allowed on the completed fill. H. Terraces may be utilized to control erosion and enhance stability if approved…

A. Topsoil and other materials removed under §5311 shall be stockpiled only when it is impractical to promptly redistribute such materials on regraded areas. B. Stockpiled materials shall be selectively placed on a stable area within the permit area, not disturbed, and protected …

A. After final grading and before the replacement of topsoil and other materials segregated in accordance with §5313, regraded land shall be scarified or otherwise treated as required by the office to eliminate slippage surfaces and to promote root penetration. If the person who …

A. Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the redistributed surface soil layer so that it supports the approved post-mining land use and meets the revegetation requirements of §§5417-5423. All soil tests shall be performed by a q…

A. Surface mining activities shall be planned and conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas and to prevent material damage to the hydrologic balance outside the permit area. B. Changes in water quality and quantity, in the de…

A. Discharges of water from areas disturbed by surface mining activities shall be made in compliance with all applicable state and federal water quality laws and regulations and with the effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency …

A. Appropriate sediment control measures shall be designed, constructed and maintained using the best technology currently available to: 1. prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area; 2. meet the more s…

A. Definitions. For the purposes of this Section only: Disturbed Area―shall not include those areas: a. in which the only surface mining activities include diversion ditches, siltation structures or roads that are designed, constructed and maintained in accordance with this Chapt…

A. Drainage from acid-forming and toxic-forming spoil into ground water and surface water shall be avoided by: 1. identifying, burying and treating, where necessary, spoil which, in the judgment of the office, may be detrimental to vegetation or may adversely affect water quality…

3. Design Certification. The design of impoundments shall be certified in accordance with §2725.A as designed to meet the requirements of Chapter 53 using current prudent engineering practices and any design criteria established by the office. The qualified registered professiona…

A. Backfilled materials shall be placed so as to minimize contamination of ground-water systems with acid, toxic or otherwise harmful mine drainage, to minimize adverse effects of mining on ground-water systems outside the permit area, and to support approved post-mining land use…

A. Surface mining activities shall be conducted in a manner that facilitates reclamation which will restore approximate premining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding coal processing waste and underground developmen…

A. Ground-Water Monitoring 1. Ground-water monitoring shall be conducted according to the ground-water monitoring plan approved under

A. An exploratory or monitoring well may only be transferred by the person who conducts surface mining activities for further use as a water well with the prior approval of the office. That person and the surface owner of the lands where the well is located shall jointly submit a…

A. Surface water shall not be diverted or otherwise discharged into underground mine workings, unless the person who conducts the surface mining activities demonstrates to the office that this will: 1. abate water pollution or otherwise eliminate public hazards resulting from sur…

A. Before abandoning a permit area or seeking bond release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments and treatment facilities meet the requirements of this Chapter for p…

A. No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, unless the office specifically authorizes surface mining activities closer to, or through, such a stream. The office may authorize such activities only upon…

A. Surface mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal…

A. Each operator shall comply with all applicable state and federal laws and regulations in the use of explosives. B. Blasts that use more than five pounds of explosive or blasting agent shall be conducted according to the schedule required under

A. At least 30 days before initiation of blasting the operator shall notify, in writing, all residents or owners of dwellings or other structures located within 1/2 mile of the blast area how to request a preblasting survey. B. A resident or owner of a dwelling or structure withi…