Table of Contents
Title 56
PUBLIC WORKS
Part I. Water Wells
Chapter 1. Registering Water Wells .............................................................................................................. 1
§101. Authorization ................................................................................................................................ 1
§103. Purpose ......................................................................................................................................... 1
§105. Registration of Water Wells and Holes Completed on or after November 1, 1985 ..................... 1
§107. Registration of Water Wells Completed Prior to November 1, 1985 ........................................... 3
§109. Use of Information Obtained from Registration Forms ............................................................... 3
§111. Enforcement Actions .................................................................................................................... 3
§113. Definitions .................................................................................................................................... 4
§115. References .................................................................................................................................... 7
§117. Water Well Registration (Long Form) ......................................................................................... 8
§119. Water Well Registration (Short Form) ....................................................................................... 10
Chapter 3. Water Well Construction ........................................................................................................... 11
§301. Preamble ..................................................................................................................................... 11
§303. Purpose ....................................................................................................................................... 12
§305. Approval of Plans and Specifications for Public Water Supply Systems .................................. 12
§307. Licensing Requirements ............................................................................................................. 12
§309. Registration Requirements ......................................................................................................... 13
§311. Variance Requests ...................................................................................................................... 13
§313. Minimum Distance Requirements for Locating a Water Well ................................................... 13
§315. Location in Relation to Possible Sources of Contamination ...................................................... 13
§317. Location in Relation to Levees ................................................................................................... 13
§319. Location in Relation to Flood Water .......................................................................................... 14
§321. Location in Relation to Buildings and Other Structures ............................................................ 14
§323. Drilling and Construction ........................................................................................................... 14
§325. Casing ......................................................................................................................................... 16
§327. Screen ......................................................................................................................................... 18
§329. Methods and Standards for Cementing the Annular Space ........................................................ 19
§331. Well Development and Disinfection .......................................................................................... 20
§333. Standards for Miscellaneous Appurtenances .............................................................................. 21
§335. Enforcement Actions .................................................................................................................. 22
Chapter 5. Plugging and Sealing of Abandoned Water Wells and Holes ................................................... 22
§501. Organization ............................................................................................................................... 22
§503. Purpose ....................................................................................................................................... 23
§505. General Rules and Regulations .................................................................................................. 23
§507. Abandoned Water Wells and Holes That Shall Be Plugged ...................................................... 23
§509. Exemptions ................................................................................................................................. 23
§511. Licensing Requirements ............................................................................................................. 24
§513. Variance Requests ...................................................................................................................... 24
§515. Submission of Water Well Plugging and Abandonment Forms (DNR-GW-2) ......................... 24
§516. Water Well Plugging and Abandonment Form (DNR-GW-2) ................................................... 24
§517. Responsibility of the Owner ....................................................................................................... 25
§519. Failure of the Owner to Plug an Abandoned Water Well........................................................... 25
§521. Responsibilities of the Contractor .............................................................................................. 26
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§523. Site Inspection by the Department Representatives ................................................................... 26
§525. Availability of Water Well Data ................................................................................................. 26
§527. Regulations for Determining Status of Wells or Holes and for Determining Plugging
Responsibility ............................................................................................................................. 26
§529. Plugging and Filler Materials ..................................................................................................... 28
§531. Methods and Standards for Plugging Abandoned Water Wells and Holes ................................ 28
§533. Enforcement Actions .................................................................................................................. 30
Chapter 7. Installing Control Devices on Free Flowing Water Wells ......................................................... 30
§701. Authorization .............................................................................................................................. 30
§703. Purpose ....................................................................................................................................... 30
§705. General Rules and Regulations .................................................................................................. 31
§707. Responsibility of the Owner ....................................................................................................... 31
§709. Responsibility of the Department ............................................................................................... 31
§711. Failure of Responsible Party to Install a Control Device ........................................................... 31
§713. Enforcement Actions .................................................................................................................. 31
Part III. Flood Control and Water Management
Subpart 1. Water Resources and Flood Control
Chapter 1. Funding of Water Resources ...................................................................................................... 33
Subchapter A. Priorities for Funding of Water Resources Projects ............................................................ 33
§101. Purpose of Rule .......................................................................................................................... 33
§103. Definitions .................................................................................................................................. 33
§105. Priority Policy ............................................................................................................................. 34
§107. Eligible Sponsors of Projects ...................................................................................................... 34
§109. Annual Report ............................................................................................................................ 34
§111. Regional Reports ........................................................................................................................ 34
§113. Projects Eligible for Priority of Funding .................................................................................... 35
§115. Projects Excluded from Priority of Funding .............................................................................. 35
§117. Project Costs Eligible for Priority Funding ................................................................................ 35
§119. Project Costs Not Eligible for Priority Funding ......................................................................... 35
§121. Applications for Priority of Funding .......................................................................................... 35
Subchapter B. Project Priority Ranking System .......................................................................................... 36
§123. General Overview ....................................................................................................................... 36
§125. Base Priority Value ..................................................................................................................... 36
§127. Priority Value Points for Comparative Benefits ......................................................................... 36
§129. Priority Value Points to "Needing and Deserving" Projects ...................................................... 37
§131. Regional Priority Ranking .......................................................................................................... 37
§133. Ranking of Projects by the Office of Public Works ................................................................... 37
§135. Verification of Need ................................................................................................................... 37
§137. Conservation of Resources Required ......................................................................................... 37
§139. Accurate Cost Estimates Required ............................................................................................. 38
§141. Regulatory Agency Approvals ................................................................................................... 38
Chapter 3. Statewide Flood Control Program ............................................................................................. 38
Subchapter A. Procedures for Implementing Statewide Flood Control Program ....................................... 38
§301. Sequence ..................................................................................................................................... 38
Subchapter B. Pre-Application Evaluation .................................................................................................. 40
§303. Pre-Application Review and Evaluation Procedure ................................................................... 40
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Subchapter C. Evaluation of Proposed Projects and Distribution of Funds ............................................... 40
§315. Project Evaluation Procedure ..................................................................................................... 40
§317. Project Application Review and Public Hearings ...................................................................... 42
§319. Distribution of Funds .................................................................................................................. 43
§321. Redistribution Procedure ............................................................................................................ 43
§323. Legislative Process ..................................................................................................................... 44
§325. Construction and Operation ........................................................................................................ 44
Chapter 5. Funding Applications ................................................................................................................. 44
§501. Guidelines and Procedures for Applications for State Funding Assistance ............................... 44
Chapter 7. Dam Safety Program .................................................................................................................. 45
Subchapter A. Dam Safety .......................................................................................................................... 45
§701. Introduction ................................................................................................................................ 45
§703. Purpose ....................................................................................................................................... 45
§705. Glossary ...................................................................................................................................... 45
§707. Applicability ............................................................................................................................... 47
§709. Permitting ................................................................................................................................... 47
§711. Submittals ................................................................................................................................... 48
§713. Design ......................................................................................................................................... 48
§715. Construction ............................................................................................................................... 50
§717. Maintenance and Operations ...................................................................................................... 50
§719. Inspections .................................................................................................................................. 51
§721. Enforcement ............................................................................................................................... 51
§723. Existing Structures ...................................................................................................................... 51
§725. Emergency Preparedness Plan .................................................................................................... 51
§727. References .................................................................................................................................. 52
Subchapter B. Figures and Forms ............................................................................................................... 52
§729. Appendix 1, Structures―Approved Permit ............................................................................... 52
§731. Appendix 2, Structures―Chief Engineer Review ...................................................................... 52
§733. Appendix 3―Procedural Sequence ............................................................................................ 52
§735. Appendix 4―Pond Data Sheet ................................................................................................... 53
§737. Appendix 5―Notice of Application .......................................................................................... 53
§739. Appendix 6―Minimum Required Submittals ............................................................................ 53
§741. Appendix 7―Letter of Intent ..................................................................................................... 54
§743. Appendix 8―Letter of "Notice of Completion and As-Built Drawings" .................................. 54
§745. Appendix 9―Letters of No Objection and Other Permits ......................................................... 54
§747. Appendix 10―Minimum Hydrologic and Hydraulic Submittals to Establish Impact
Classification and Inflow Design Flood (IDF) ........................................................................... 54
Chapter 9. Hurricane Flood Control Protection Program Rules .................................................................. 55
§901. Framework for Receipt and Evaluations of Funding Applications ............................................ 55
Chapter 21. Louisiana Port Construction and Development Priority Program ........................................... 57
§2101. Definitions [Formerly §2103] ................................................................................................. 57
§2103. Creation of Priority Program [Formerly §2101] ..................................................................... 57
§2105. Program Procedures ................................................................................................................ 59
§2107. Program Requirements ........................................................................................................... 60
§2109. Application .............................................................................................................................. 62
§2111. Evaluation ............................................................................................................................... 70
§2113. Distribution of Funds .............................................................................................................. 71
§2115. Reimbursement ....................................................................................................................... 71
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Chapter 23. Port Design-Build Pilot Program ........................................................................................ 72
§2301. Purpose .................................................................................................................................... 72
§2303. Applicability ........................................................................................................................... 72
§2305. Approval Process .................................................................................................................... 72
§2307. Project Limits .......................................................................................................................... 73
Part V. Capital Area Ground Water Conservation Commission
Chapter 1. Water Well Registration in the Capital Area Ground Water Conservation District ............... 75
§101. Water Wells That Shall Be Registered ....................................................................................... 75
§103. Registration of Water Wells Used in Connection With Petroleum Production ......................... 75
§105. Exemptions ................................................................................................................................. 75
§107. Registration of Water Wells Completed on or After July 1, 1975 ............................................. 75
§109. Responsibility for and Procedures for Registering Water Wells ................................................ 75
§111. Registration of Water Wells Completed Prior to July 1, 1975 ................................................... 76
§113. Responsibility for and Procedures for Registering Inventoried Water Wells Whose Records
are Available to the State ............................................................................................................ 76
§115. Responsibility for and Procedures for Registering Water Wells Which Have Not Been
Inventoried .................................................................................................................................. 76
§117. Registration of Reworked Wells ................................................................................................ 76
§119. Test Holes ................................................................................................................................... 77
§121. Observation Wells ...................................................................................................................... 77
§123. Use of Information ..................................................................................................................... 77
§125. Definitions .................................................................................................................................. 77
Chapter 3. Plugging and Sealing of Abandoned Water Wells and Holes in the Capital Area Ground
Water Conservation District ................................................................................................... 78
§301. Purpose ....................................................................................................................................... 78
§303. General Rules and Requirements ............................................................................................... 78
§305. Exemptions ................................................................................................................................. 79
§307. Effective Date ............................................................................................................................. 79
§309. Status of Wells Abandoned Prior to Effective Date ................................................................... 79
§311. Filing of Water Well Abandonment and Plugging Form (LDPW-GW-2) ................................. 79
§313. Adequacy of Plugging an Abandoned Water Well or Hole ....................................................... 80
§315. Inspection ................................................................................................................................... 80
§317. Contractor ................................................................................................................................... 80
§319. Availability of Well Data ........................................................................................................... 80
§321. Regulations and Standards for Plugging and Sealing a Well or Hole and for Determining
Responsibility ............................................................................................................................. 80
§323. Active Well ................................................................................................................................. 81
§325. Abandoned Well ......................................................................................................................... 81
§327. Inactive Well .............................................................................................................................. 81
§329. Observation Well ........................................................................................................................ 81
§331. Abandoned Hole ......................................................................................................................... 82
§333. Failure of Responsible Party to Plug and Seal an Abandoned Water Well or Hole .................. 82
Chapter 5. Regulations and Standards for Plugging and Sealing Abandoned Drilled Water Wells and
Holes ....................................................................................................................................... 82
§501. General ....................................................................................................................................... 82
§503. Preliminary Work ....................................................................................................................... 82
§505. Temporary Cover ........................................................................................................................ 83
§507. Plugging and Fill Materials ........................................................................................................ 83
§509. Methods and Standards for Plugging Abandoned Drilled Water Well and Hole ....................... 83
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§511. Exceptions .................................................................................................................................. 83
§513. Plugging and Sealing .................................................................................................................. 83
§515. Surface Plug ................................................................................................................................ 84
§517. Bridge Plug ................................................................................................................................. 84
§519. Methods of Plugging a Drilled Water Well ................................................................................ 84
§521. Wells Less Than 50 Feet in Depth ............................................................................................. 84
§523. Wells Greater Than 50 Feet in Depth and Where One or More Fresh Water Aquifer is
Penetrated ................................................................................................................................... 84
§525. Wells Where One or More Saline Water Aquifers Have Been Penetrated ................................ 84
§527. A Well From Which Some of the Casing Has Been Removed .................................................. 84
§529. Gravel Packed Well .................................................................................................................... 85
§531. Well Where More Than One Aquifer is Screened ..................................................................... 85
§533. The Plugging of an Abandoned Drilled Hole ............................................................................. 85
§535. Definitions .................................................................................................................................. 85
Chapter 7. Rules and Regulations for Metering and/or Recording the Yield of Water Wells ................. 86
§701. Authority ..................................................................................................................................... 86
§703. Purpose ....................................................................................................................................... 86
§705. Exclusions ................................................................................................................................... 86
§707. Measuring Well Yield ................................................................................................................ 87
§709. Records ....................................................................................................................................... 87
§711. Variance ...................................................................................................................................... 87
Chapter 9. Rules and Regulations Requiring the Submission of Plans for New Water Wells in the
Capital Area Ground Water Conservation District ...................................................................................... 87
§901. Purpose ....................................................................................................................................... 87
§903. Rules and Regulations ................................................................................................................ 87
§905. Effective Date ............................................................................................................................. 87
§907. Exemptions ................................................................................................................................. 88
§909. Information for Exempted Water Wells ..................................................................................... 88
§911. Water Well Registration ............................................................................................................. 88
Chapter 11. Determination of and Payment of Accounts ....................................................................... 88
§1101. Purpose .................................................................................................................................... 88
§1103. Applicability ........................................................................................................................... 88
§1105. Billing Schedule ...................................................................................................................... 88
§1107. Pumpage Fee ........................................................................................................................... 88
§1109. Determination of When an Account Is Delinquent ................................................................ 89
§1111. Violation Penalty .................................................................................................................... 89
§1113. Civil Suit and Jurisdiction ....................................................................................................... 89
Louisiana Administrative Code March 2013
1
Title 56
PUBLIC WORKS
Part I. Water Wells
Chapter 1. Registering Water Wells
§101. Authorization
A. The Louisiana Department of Transportation and
Development, Office of Public Works revised the rules,
regulations and standards for water well registration,
construction, plugging and abandonment, installation of
control devises on free flowing wells and licensing of water
well contractors and other drillers under the authority given
in R.S. 38:2091-38:3098.8.
B. Effective January 1, 2010, in accordance with Act 437
of 2009, The Department of Natural Resources, Office of
Conservation, hereafter referred to as “department,” is
responsible for registering water wells and holes in
Louisiana.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-38:3098.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:950 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:906 (March 2011), LR 37:3527 (December
2011).
§103. Purpose
A. The purpose of the rules, regulations and procedures
for registering water wells and holes, stated herein, is to
ensure that water wells and holes are properly constructed;
to collect, catalog and store water well construction and
drilling data; and to gather data on water resources of the
state. The data obtained from the registration forms are
stored on computer files and are readily available for use by
hydrologists, engineers, geologists, drillers and others who
are involved in the administration, development, protection,
and the wise use of the ground water resources of the state.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:2091-38:3098.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:950 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§105. Registration of Water Wells and Holes
Completed on or after November 1, 1985
A. The contractor who drills or constructs a well or hole
on or after November 1, 1985 shall be responsible for
registering that well or hole by submitting to the department
a completed water well registration Form within 30 calendar
days after completing such well or hole. Registration
requirements shall apply to all water wells, regardless of
yield or use, including but not limited to, public supply,
domestic, irrigation/agriculture, power generation, rig-
supply, observation, dewatering, monitoring, and heat pump
supply wells, as well as test holes, abandoned pilot holes,
and heat pump holes. For glossary of terms, refer to §113 of
this Chapter.
B. Exemption from Registration. The following wells
and holes shall be exempt from registration requirements:
1. wells producing saline water in connection with oil
or gas production;
2. driven wells or wells dug by use of hand auger;
3. geotechnical boreholes.
C. Water Well Registration Long Form (DNR-GW-1).
The Water Well Registration Long Form (DNR-GW-1) shall
be used to register the following types of wells and holes:
1. community public supply wells;
2. noncommunity public supply wells;
3. industrial wells;
4. irrigation/agricultural wells;
5. power generation wells;
6. observation wells;
7. dewatering wells;
8. test holes.
For long form instructions see §117.
D. Water Well Registration Short Form (DNR-GW-1S).
The Water Well Registration Short Form (DNR-GW-1S)
shall be used to register the following types of wells and
holes:
1. domestic wells;
2. rig-supply wells;
3. monitoring wells;
4. heat pump supply wells;
5. heat pump holes (closed loop system);
6. abandoned pilot holes.
For short form instructions see §119.
E. Submission of Water Well Registration Forms
1. The contractor who drills a well or hole shall
complete and submit to the department the original copy of
the Water Well Registration Form within 30 calendar days
after each well or hole has been completed. The owner's
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Louisiana Administrative Code March 2013
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copy shall be sent to the owner immediately after completion
of the work and the contractor shall retain the contractor's
copy for his files.
2. For registration purposes only, the department
considers a well or hole completed when it is accepted by
the owner or when the contractor has moved his equipment
from the site, whichever comes first. Acceptance by the
owner or removal of equipment from the site by the
contractor does not imply, in any way, acceptance or
approval by the state of Louisiana. The department, after
reviewing applicable records and/or inspection of the well
site, can cause the owner and/or the contractor to do
whatever additional work is necessary to bring the well or
hole up to standards. The expense for the additional work
shall be borne by the owner or the contractor, as the case
may be.
3. For the purpose of registering heat pump holes
only, one form (DNR-GW-1S) Short Form per project (site)
will suffice. Under item marked "remarks," materials and
method used to seal the holes shall be indicated. Driller’s log
description of cuttings should be the typical formations
encountered at the site.
4. Registration forms may be submitted to the
department on a monthly basis as long as the 30-day
limitation is not exceeded. Forms that are illegible, have
incomplete items, lack a sketch or directions to the well, do
not include latitudinal and longitudinal coordinates or have
not been signed and dated will be rejected by the department
and will be returned to the contractor for correction and
resubmittal. It is the responsibility of the contractor to see to
it that the submitted registration forms are actually received
by the department.
5. Each registration form shall be personally signed
and dated by the contractor who is responsible for drilling
the well or hole. For convenience of the contractor, affidavits
filed by the contractor to authorize office personnel to sign
forms on his behalf will be accepted by the department.
6. Upon receipt of the registration forms, the
department will review and process each form, including
field inspection, if necessary, and will assign an
identification number to each well after which the well is
considered registered. The well data will then be entered into
the computerized data file and, upon request, the owner
and/or the contractor will be informed of the fact of
registration and of the assigned identification number.
F. Copies of Available Data Which Shall Be Attached to
Registration Forms. The water well contractor who is
responsible for drilling a public supply, industrial or power
generation water well or test hole, shall attach to the
registration form copies of the following items (if available
for transmittal) to the department:
1. electrical log or other borehole geophysical log;
2. mechanical analysis of the drill cuttings;
3. chemical analysis of the water;
4. aquifer test results.
G. Registration of Reworked Water Wells
1. Registered wells that are reworked (e.g., removing
and replacing the screen; redeveloping the well) need not be
registered a second time unless the screen setting is altered
or a liner is installed inside the original casing. If the
registered well, after reworking, obtains water from an
aquifer different from that reported on the original
registration form, another registration form shall be
submitted by the contractor within 30 calendar days after
completion of the work.
2. If an unregistered well is reworked, deepened or
changed in any manner or if screen setting is altered, the
proper registration form (DNR-GW-1 or DNR-GW-1S) shall
be submitted to the department by the contractor no later
than 30 calendar days after the work has been completed.
Failure to file the proper registration form may result in
enforcement actions including the assessment of civil
penalties in accordance with the authority of the
commissioner of conservation.
H. Registration of Subcontracted Water Wells. When a
water well contractor agrees to construct a water well for a
customer but subcontracts the work to another water well
contractor, the following registration procedure shall govern:
1. the subcontractor who drills the well shall keep an
accurate record of the pertinent data to be used in
completing the registration form; however, the name and
license number of the original contractor must be shown on
the upper right-hand corner of the registration form, and it is
the original contractor who is responsible for signing and
transmitting the form to the department in accordance with
the procedures outlined in §105.E. The subcontractor may
write his or his company's name and license number at the
space designated for "remarks."
I. Registration of Rig-Supply Water Wells
1. In order to register a rig-supply water well, each
registration form must be accompanied by a copy of the
"registered" permit plat reflecting the section, township,
range and the distances from the section lines to the location
of the well (oil, gas, injection, etc.). The plat will be used by
the department to verify the latitude and longitude of the
well. The water well contractor who drilled the water well
shall obtain a copy of the plat from the company in charge of
the drilling of the oil or gas well (lessee) or from the
operator of the oil or gas drilling rig and shall attach it to the
registration form for transmittal to the department.
Alternatively, the water well contractor may send the
registration form to the lessee with appropriate instructions
for them to attach the plat to the registration form and
transmit it to the department.
2. The lessee or the operator shall furnish the water
well contractor with the required plat in a timely manner so
that the 30-day limitation for water well registration is not
exceeded.
J. Registration of Monitoring Wells. Although
construction of monitoring wells for facilities regulated by
the Department of Environmental Quality (DEQ) requires
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Louisiana Administrative Code March 2013
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approval from DEQ prior to construction, they shall be
registered with the Office of Conservation, like all other
water wells, as part of the state's effort to catalog well sites
and to collect and provide data on the geohydrological
system. In order to register a monitoring well, the drilling
contractor, in addition to completing all items on the Water
Well Registration Short Form (DNR-GW-1S), must also
complete the spaces provided for the latitude and longitude
of the well location, as well as the section, township and
range.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-38:3098.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:950 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:906 (March 2011), LR 37:3527 (December
2011).
§107. Registration of Water Wells Completed Prior to
November 1, 1985
A. Because many water wells have already been
inventoried by the department, the procedures for registering
wells completed prior to November 1, 1985 are dependent
on whether or not the wells have been inventoried and their
records are available to the department.
B. Registration of Inventoried Water Wells Completed
Prior to November 1, 1985 Whose Records Are Available to
the Department
1. The department will obtain from available data a
listing, by owner, of wells and pertinent data. A copy of the
list will either be sent to the owner for checking and
updating, or will be checked and updated by a representative
of the department with assistance from the owner.
2. If the list is sent to the owner for checking and
updating, the owner shall be responsible for updating the list
by indicating the current status of each registered well, by
adding wells not on the list and by indicating wells that have
been abandoned. The owner shall then certify the list as
current and correct and shall return the list to the department
within 30 calendar days after receiving the list. When the
corrected and certified list is received by the department, the
wells added to the list by the owner shall be inventoried and
registered by a representative of the department.
3. If, in the opinion of the department, a visit or
telephone contact by a representative of the department is
preferable and more convenient to the owner than sending a
list of wells, a field visit or telephone contact will be made
by a representative of the department. After the data are
verified and the well locations are checked, any well not on
the list will be inventoried and registered by the
representative of the department.
4. Upon request, the owner will be sent an updated
listing of registered wells for which he is responsible.
C. Registration of Water Wells Completed Prior to
November 1, 1985 Which Have Not Been Inventoried and
Whose Records Are Not Available to the Department
1. All wells used to supply a public water system
regardless of yield, and all other water wells capable of
producing more than 50,000 gallons per day, which were
constructed on or after July 1, 1975, shall be registered by
the owner by completing a water well registration long form
(DNR-GW-1) for each well and sending them to the
department for verification and registration within 90
calendar days after the effective date of these regulations.
2. The owner may register any uninventoried water
well, not covered under Item A of the form, by completing
an appropriate registration form and sending it to the
department for verification and registration.
3. The department's representative may contact the
owner to obtain well data and check and verify the location
of wells that have not been inventoried and whose records
are not on file with the department. After receiving the
pertinent data and locating the wells, the department will
register the wells accordingly.
4. The owner shall make available any needed data for
registering uninventoried wells and shall permit access to the
well sites. Upon request, the owner will be informed of the
fact of registration and of the assigned identification number.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-38:3098.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:951 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:907 (March 2011).
§109. Use of Information Obtained from Registration
Forms
A. Information obtained from registration forms will be
available to all persons upon request. The well data will be
coded and entered into the department's computerized data
file and will be integrated with water well data systems
operated by other governmental agencies and research
groups, as needed. Copies of the registration forms or
computerized listings of the registered wells should fulfill
the need of water districts, commissions or other state
agencies; thus eliminating the need for a second set of
registration forms.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:2091-38:3098.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:952 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§111. Enforcement Actions
A. Provisions addressing enforcement of this Chapter
appear in R.S. 38:3096, as follows.
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Louisiana Administrative Code March 2013
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1. Whoever knowingly and willingly violates a
provision of this Chapter, or a rule, regulation or order of the
director or a board hereunder, shall be subject to a civil
penalty of not more than $1,000 a day for each day of
violation and for each act of violation if a penalty for the
violation is not otherwise provided in this Chapter.
a. The place of suit to recover this penalty shall be
selected by the director or board, as may be appropriate, in
the district court of the parish in which any one of the
defendants resides, or in the district court of the parish where
the violation took place.
b. Suit shall be at the direction of the director or
board, as may be appropriate, and shall be instituted and
conducted in his or its name by the attorney general or by
the district attorney of the district under the direction of the
attorney general.
2. Whoever knowingly and willfully aids or abets a
person in the violation of a provision of this Chapter, or in
any rule, regulation or order made hereunder shall be subject
to the same penalties provided herein for the principal
violator.
B. Falsification of Documents. Falsification of
documents to evade regulations, as well as penalties for said
falsifications, appears in R.S. 38:3095 as follows.
1. No person shall, for the purpose of evading this
Chapter or any rule, regulation or order made thereunder:
a. make, or cause to be made, any false entry or
statement of fact in any report required to be made by this
Chapter, or by any rule, regulation or order made hereunder;
or
b. make, or cause to be made, any false entry in an
account, record or memorandum kept by any person in
connection with the provisions of this Chapter or of any rule,
regulation or order made thereunder; or
c. remove out of the jurisdiction of the state or
destroy or mutilate, alter, or by any other means, falsify any
book, record or the paper pertaining to the matters regulated
by this Chapter, or by any rule, regulation or order made
thereunder.
2. Whoever violates this Section shall be fined not
more than $5,000 or imprisoned not more than six months or
both.
3. The penalty provision for falsification of
documents required under the provisions of this Chapter are
therefore criminal in nature and will be enforced through the
district attorney having jurisdiction where said violation
occurs. It should also be noted that utilization of the United
States Mail in the falsification of documents constitutes a
violation of Title 18 of the United States Code (Mail Fraud),
and such violations will be referred to the, appropriate
United States Attorney.
C. Appeals. An alleged violator may appeal any order of
the department by requesting a hearing. The hearing request
must be made to the department, in writing, within
30 calendar days of the original order and must be sent by
"Certified Mail-Return Receipt Requested." After receiving
the request, the department will arrange a hearing to
determine what other remedial action will serve to effect
compliance with the rules and regulations.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:2091-38:3098.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:952 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§113. Definitions
A. Glossary of Terms. Letter in parentheses is the
number of the reference found in §115 which is the source of
the definition.
Abandoned Well―a well is considered to be abandoned
if:
a. its use has been permanently discontinued;
b. its pumping equipment has been permanently
removed;
c. the well is in such a state of disrepair that it
cannot be used to supply water, and/or has the potential for
transmitting surface contaminants into the aquifer;
d. the well poses potential health or safety hazards;
or
e. the well is in such a condition that cannot be
placed in the active, standby or inactive status.
Active Well―a well is considered to be active if it is an
operating well used to supply water.
Annular Space―the space between the drill hole and
the well casing.
Aquifer―a formation, group of formations, or a part of
a formation that contains sufficient saturated material to
yield significant quantities of water to wells. (E)
Aquifer Test―aquifer or pumping tests are made in
water wells to obtain information about the performance and
efficiency of the well being pumped, and/or to obtain data
from which the hydraulic characteristics of the aquifer can
be calculated. The test made to determine hydraulic
characteristics of an aquifer is usually referred to as aquifer
test.
Artesian (Confined Ground Water)―when the water
level rises above the top of the aquifer which the well taps,
the aquifer is assumed to be artesian. An artesian well flows
only when the water level is above land surface. (E)
Assistant Secretary―the Assistant Secretary of the
Office of Conservation, Department of Natural Resources, or
his designee.
Bacteriological Analysis―this analysis, usually for
drinking water, consists of a laboratory report indicating the
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presence or absence of coliform bacteria in a given water
sample, as determined by laboratory procedure.
Bentonite Slurry―a mixture of bentonite and water,
weighing not less than 9 pounds per gallon.
Casing―a tubular retaining structure, generally metal
or PVC which is installed in a drilled, bored, driven, or
augured hole to maintain the well opening.
Cement-Bentonite Slurry―a mixture of cement,
bentonite and water, consisting of not more than 8 percent
bentonite by dry weight of cement and a maximum of
10 gallons of water per sack (94 pounds) of cement.
Additives, in the approved and proper ratio, may be added to
the slurry if required.
Chemical Analysis―a chemical analysis is usually a
report of dissolved minerals in the water and the water's
physical properties, such as temperature and color. The
minimum chemical properties that are usually determined
are hardness, specific conductance, hydrogen-ion
concentration (pH), dissolved solids, chloride, bicarbonate,
iron, fluoride and nitrate.
Coarse Ground Bentonite―a processed bentonite used
to seal well casings and to plug holes. Coarse ground
bentonite is placed by pouring from surface or pumping
from the bottom to surface. An approved inorganic polymer
may be used to retard swelling of the bentonite.
Community Public Supply Water Well―a public supply
well which serves at least 15 service connections used by
year-round residents or regularly serves at least 25 year-
round residents. A community public supply well may be
owned by a municipality or community, a water district, a
corporation, a private individual or by a local, state or
federal governmental agency.
Contaminant―any undesirable physical, chemical,
biological, or radiological substance or matter in water. (F)
Contamination―any introduction into water of
microorganisms, chemicals, wastes, or waste-water in a
concentration that makes the water unfit for its intended use.
(D)
Contractor―the word contractor in these regulations is
used to refer to any person, firm or corporation who is
licensed to engage in the business of drilling, reworking or
installing water wells, monitoring wells, heat pump wells or
holes, geotechnical boreholes, and/or plugging and
abandoning wells or holes, excluding oil and gas wells.
Department―the Louisiana Department of Natural
Resources, Office of Conservation.
Dewatering Well―a water well installed to dewater an
aquifer or lower a water table in order to allow construction
or mining activities.
Disinfection―the killing of a large proportion of
microorganisms in or on a substance with the probability
that all pathogenic microorganisms will be killed.
Ditch―a man-made excavation dug to convey surface
water for drainage purposes or irrigation.
Director or a Board―see Assistant Secretary.
Domestic Well―a water well used exclusively to supply
the household needs of the owner/lessee and his family. Uses
may include drinking, cooking, washing, sanitary purposes,
lawn and garden watering and caring for pets.
Drawdown―the difference, usually in feet, between the
static (nonpumping) water level and the pumping level in a
well after the well has been pumped for a specified period of
time.
Drill Cuttings―samples of the material obtained during
drillings and are the source of lithologic information needed
for proper selection of screen openings. A principal objective
of drilling test holes is to obtain samples. (A)
Driller―see Contractor.
Drilling―the word drilling in these regulations is used
to refer to the drilling, boring, coring, driving or augering of
a well or hole.
Drilling Contractor―see Contractor.
Driller's Log―a driller's log is the driller's description
of the geologic strata encountered, their thickness and depth.
(A)
Drilling Mud―a fluid composed of water and clay
(either native clay or a combination of native and
commercial clays) used in drilling operations to remove
cuttings from the hole, to clean and cool the bit, to reduce
friction between the drill stem and the sides of the hole, to
seal the sides of the hole, to prevent caving, bridging or loss
of circulation, and to prevent the interchange of water
between aquifers. When permitted, drilling mud may be used
as filler or plugging material, provided it weighs not less
than 9 pounds per gallon.
Electrical Log―a record of the resistivity of the
subsurface formations and the contained fluid and
spontaneous potentials generated in the borehole, both
plotted in terms of depth below some datum, such as land
surface. Similar logs commonly made in boreholes are the
induction logs. Other borehole geophysical logs that also
may be available are the gamma ray, caliper and neutron
logs.
Flood Prone Area―an area subject to a 100-year flood
level as established by the administering agency for the
Federal Flood Insurance Program.
Free Flowing Water Well―an artesian well which
flows, under natural conditions, at or above the ground
surface.
Geopressured Aquifer―a term used for an aquifer,
especially in the Gulf Coast Area, in which the fluid pressure
exceeds the normal hydrostatic pressure of 0.465 pounds per
square inch per foot of depth. (B)
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Geotechnical Borehole―an exploratory borehole
drilled, augured, bored or cored to obtain soil samples to be
analyzed for chemical and/or physical properties.
Geothermal―pertaining to the internal heat of the earth.
Gravel-Packed Well―a well in which properly graded
gravel or coarse sand is hydraulically placed in the area
immediately surrounding the screen or slotted pipe used as a
screen to increase the effective diameter of the well, to
stabilize the aquifer and to prevent sand from entering the
well.
Ground Water―water percolating below the earth's
surface.
Health Hazard―any condition that may create a danger
to public health and well being.
Heat Pump Hole―a hole drilled to install piping for an
earth-coupled water source heat pump system, also known as
a vertical closed-loop system.
Heat Pump Supply Well―a water well which supplies
ground water to a heat pump heat exchanger.
Industrial Well―a well used to supply water for plants
that manufacture, process or fabricate a product. The water
may or may not be incorporated into the product being
manufactured. The water is usually used to cool machinery,
to provide sanitary facilities for employees, to air condition
the plant, and water grounds at the plant. Water used for
mining or processing ore, such as gravel, is included in the
industrial category.
Inactive Well―a well is considered to be inactive if it is
not presently operating but is maintained in such a way that
it can be put back in operation with a minimum of effort to
supply water.
Irrigation/Agricultural Well―a well used for irrigating
cultivated plants, for watering stock, for crawfish and catfish
farming, and for similar agricultural activities. Most
irrigation wells supply water for farm crops, but this
category also includes wells that are used for watering parks,
golf courses, cemeteries and wells which are used
exclusively for watering lawns in urban areas.
Lessee―see Owner.
Monitoring Well―a well used to obtain hydrologic and
water quality data, usually installed at or near a known or
potential source of ground water contamination.
Neat Cement―a mixture of cement and water,
consisting of not more than 5 gallons of water per sack
(94 pounds) of cement.
Noncommunity Public Supply Well―a public supply
water well which serves either fewer than 15 service
connections or fewer than 25 year-round residents or no
year-round residents. Examples of the former case are small
public water supplies for mobile home parks, subdivisions,
etc. which fall below the 15 connections/25 persons criteria
for community water supplies. The latter case includes
public water supplies which serve no year-round residents,
such as bars and lounges, motels, camps, office buildings,
restaurants, rest stops, service stations, recreational facilities,
schools, commercial establishments, etc.
Observation Well―a well used by the owner, by
governmental agencies, or by an appropriate engineering or
research organization to obtain information on the water
resources of an area.
Owner―individual, corporation, association,
partnership, institution or governmental agency who is either
the legal owner of the property on which the well or hole is
located or is holding a long-term lease on the property.
Permeability―a measure of the relative ease with
which porous media can transmit a liquid under a potential
gradient. Sands have a higher permeability than clays.
Pilot Hole―a hole drilled with the intent to install
casing and to produce water. It is usually of a smaller
diameter than the proposed well and has to be reamed to a
larger diameter for the installation of casing and screen.
Plumbness―the variation with depth of the center line
of the well from a vertical line drawn through the center of
the well at the top of the casing. (C)
Pollution―a condition created by harmful or
objectionable material in water. (D)
Potable Water―water whose bacteriological, physical
and chemical properties make it suitable for human
consumption.
Power Generation Well―a well used to supply water
for generation of any type of power.
Private Well―see Domestic Well.
Public Supply Water Well―a well which provides water
for drinking, cooking or washing use by the public, or
transients, or by persons other than the immediate family of
the owner of the supply. A public supply water well may be
either a community water well or a noncommunity water
well.
Pump-Down Method―a positive displacement method
for placing grout or slurry material by pumping or forced
injection by air pressure.
Pumping Test―see Aquifer Test.
Pumping Water Level―the water level in a well which
is being pumped, usually expressed in feet above or below a
specific datum, such as land surface.
PVC Well Casing―a polyvinyl chloride plastic pipe
conforming to current AWWA Standard A-100 and/or ASTM
F-480 Standard for water well casing.
Registered Permit Plat―a land surveyor's plat showing
section, township, range, and the distances from the section
lines to the location of the well (oil, gas, injection, etc). The
permit plat is submitted to the Office of Conservation with
the oil or gas well permit application.
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Registered Well―an inventoried well that has been
assigned an identification number by the department and
whose records are available.
Relief Well―any well drilled for the sole purpose of
relieving the hydrostatic pressure inside a levee system
during times of high water.
Reworking Water Well―rehabilitation or modification
of a water well to increase its efficiency, restore its capacity,
and/or improve its water quality. Methods of reworking
water wells include removing and replacing the screen,
regravel packing the screen, placing a new screen within the
old screen, placing a liner pipe within the old casing or
redeveloping a well by surging, adicizing, jetting, etc.
Rig-Supply Well―a water well drilled at an oil or gas
drilling site to supply water for drilling and/or other oil field
related activities.
Saline Water―water with a dissolved solids content of
1,000 milligrams per liter (parts per million) or more.
Sanitary Seal―a suitable threaded, flanged, or welded
water-tight cap or compression seal installed at the top of the
wellcasing so as to prevent the entrance of contaminated
water or other objectionable material into the well.
Sanitary Sewer―an underground conduit that conveys
domestic, commercial or industrial sewage.
Screen―a structural tubular retainer, usually metal or
PVC, used to support the hole in unconsolidated material
with openings which are selected on the basis of adopted
standards, and which allows sand free water to flow freely
into the well in ample quantities and with a minimum loss of
head. In agricultural wells, slotted pipe is sometimes used as
a screen.
Seepage―the slow movement of water and/or other
fluids through the soil into the subsurface.
Septic Tank―an underground water-tight tank which
receives sewage.
Specific Capacity―the rate of discharge of water from a
well divided by the drawdown of water level within the well
for a specified period of continuous pumping of the well. It
is usually expressed as "gallons per minute per foot of
drawdown after (specified) hours of continuous pumping."
Standby Well―a well is considered to be a standby if it
is used in emergencies or occasionally used to supply water.
Static Water Level―static water level is the
nonpumping water level in a well that has not been in
operation for a period of time and is usually expressed in
feet above or below a specified datum, such as land surface.
Stream―a natural channel or water course which
conveys surface and subsurface runoff.
Storm Sewer―an underground conduit used for
covering surface water.
Subsidence―a local mass movement that involves
principally the downward settling or sinking of the earth's
surface with little or no horizontal motion. (B)
Subsurface Absorption Fields―an underground area
containing a bedding of aggregate with distribution lines to
permit disposal of septic tank effluent.
Test Hole―a temporary exploratory borehole drilled for
the sole purpose of obtaining geologic, hydrologic and water
quality data.
Test Well―see Test Hole.
Underground Injection―the subsurface implacement of
fluids by well injection. (F)
Underground Water―see Ground Water.
Uniformity Coefficient―the uniformity coefficient is the
number expressing the ratio of the 40 percent size of the
material to its 90 percent size. Size refers to the percentage
by weight retained on a given sieve.
Vent (Breather Pipe)―a screened outlet at the upper end
of the well casing to allow equalization of air pressure in the
well and the escape of gases.
Water Well Contractor―see Contractor.
Well Cap―a removable, usually water-tight device used
to cover an opening into the well casing and is threaded,
bolted or otherwise attached to the casing to prevent easy
entry by other than the owner and to prevent the entrance of
any contaminant or other objectionable material into the
well.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3098 -38:3098.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Highways, LR 1:969
(May 1975), amended LR 11:969 (October 1985), repromulgated
by the Department of Transportation and Development, Office of
Public Works, LR 31:942 (April 2005), amended by the
Department of Natural Resources, Office of Conservation, LR
37:907 (March 2011), LR 37:3527 (December 2011).
§115. References
A. Campbell, M. D. and Lehr, H., Jr., 1973, Water Well
Technology. McGraw-Hill, New, N. Y.
B. Gary, M.; McAfee, R., Jr. and Wolf, C. L., editors,
1972 Glossary of Geology, American Geological Institute,
Washington, D.C.
C. Gibson, U. P. and Singer, R. D., 1971, Water Well
Manual. Premier Press, Berkeley, CA.
D. Ingra, W. T., et al.; editors, 1969, Glossary of Water
and Waste-Water Control Engineering.
E. Lohman, S. W., et. al.; 1972. Definitions of Selected
Ground-water Terms―Revisions and Conceptual
Refinements: U.S. Geological Survey Water-Supply Paper,
1988.
F. Public Law 93-523, 93rd Congress, December 16,
1974, 34p.
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AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3098 -38:3098.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Highways, LR 1:969
(May 1975), amended LR 11:971 (October 1985), repromulgated
by the Department of Transportation and Development, Office of
Public Works, LR 31:942 (April 2005).
§117. Water Well Registration (Long Form)
A. The Water Well Registration Long Form
(DNR-GW-1) and detailed instructions for properly
completing the form are available by contacting department
staff at (225) 342-8244 or by accessing the department’s
website at www.dnr.louisiana.gov/gwater. The long form
consists of a set of three copies. The first copy (marked DNR
copy) is to be mailed by the water well contractor within 30
calendar days after the well has been completed to:
Department of Natural Resources
Office of Conservation
P.O. Box 94275
Baton Rouge, La 70804-9275
B. The second copy of the form is to be retained by the
water-well contractor for his files, and the third copy is to be
given to the well owner immediately upon completion of the
work. The commissioner will consider and encourages the
electronic submission of registration, data or reports required
under this Section.
C. Although most of the information needed to complete
the form is available to the water well contractor, the
following explanation will provide clarification of intent for
selected items and uniformity of reporting.
D. Owner Information. List the name of the legal owner
of the property on which the well is located or the person or
company holding a long-term lease on the property. If the
owner or lessee is an individual, list first and last names and
middle initial of individual. List area code and telephone
number of owner in the spaces provided.
1. Address. The address should be that of the owner. If
the well is owned by an industry, the local address of the
firm is preferred in order that additional data on the well
may be easily obtained by the state or a regional water
district or commission.
2. Owner's Well Number. Many cities, institutions,
industrial plants, and large farms have their own system of
designating or identifying wells by number and/or name.
This information is useful when locating the well and should
be entered on the form.
E. Well Location. List the parish where the well is
located, including the nearest town, city, etc., and give
directions to the well site. The location of the well should be
described in detail and as accurately as possible so that the
well can be easily located by the department's staff or field
inspector. Please include a detailed map or sketch on the
back of the original form, showing location of well with
reference to roads, railroads, buildings, etc. Use an (X) to
indicate location of the well. Show location of nearest
existing well(s), if any nearby, by marking (Os), and
approximate distance between wells. Determine the well’s
Global Positioning System (GPS) location and record the
GPS longitude and latitude coordinates onto the form.
F. Well Information. Required data are available from
water well contractor's and/or engineer's report.
G. Casing and Screen Information. Required data are
available from water well contractor's and/or engineer's
report. By type of screen indicate whether it is "bar lug" rib
type, slotted pipe, etc. State whether casing is plastic or
metal. Indicate the depth to which the annular space was
cemented and state method of cementing.
H. Water Level and Yield Information. Most of the
information entered on the form can usually be obtained
from the water well contractor's or engineer's report. Except
for "static water level," the terms need no explanation. Static
water level is "the nonpumping water level in a well that has
not been in operation for a period of time and is usually
expressed in feet above or below a specified datum, such as
land surface." The owner should be able to provide
information on proposed use and pumping rate.
I. Use of Well. The principal purpose for which water
from the well is used should be indicated where appropriate
on the form. If water is used for more than one purpose, only
the principal or primary use should be shown. If the planned
use of water is unknown or does not fit one of the specified
uses, this should be noted in the space marked "other."
Following are explanations of the terms used on the well
registration form to indicate the principal use of water from
a well.
1. Irrigation/Agricultural. Refers to the use of water to
irrigate cultivated plants, to water stock, for crawfish and
catfish farming, and for similar agricultural activities. Most
irrigation wells supply water for farm crops, but this
category also includes wells that are used for watering parks,
golf courses, and cemeteries. Occasionally a home owner in
an urban area has a well used solely for watering a lawn.
This well also should be in the agricultural and irrigation
category.
2. Industrial. Includes plants that manufacture, process
or fabricate a product. The water may or may not be
incorporated into the product being manufactured. Industrial
water may be used to cool machinery, to provide sanitary
facilities for employees, to air-condition the plant, and water
grounds at the plant. Water used for mining or to process ore
such as gravel pits is included in the industrial category.
Planning and water-use needs can be implemented by
dividing this category into the following standard industrial
categories that predominate in Louisiana. Indicate the
principal category of industrial use on the form where
appropriate. The categories are defined as follows:
a. Food and Kindred Products. This group includes
establishments manufacturing foods and beverages for
human consumption and certain related products, such as
manufactured ice, vegetable oils, animal fats and oils, and
prepared feeds for animals and fowl.
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b. Textile Mill Products. This major group includes
establishments engaged in performing any of the following
operations:
i. preparation of fiber and subsequent
manufacturing of yarn, thread, braids, twine and cordage;
ii. manufacturing broad woven fabric, narrow
woven fabric, knit fabric, and carpets and rugs from yarn;
iii. dyeing and finishing fiber, yarn, fabric, and
knit apparel;
iv. coating, waterproofing, or otherwise treating
fabric;
v. the integrated manufacture of knit apparel or
other finished articles from yarn; and
vi. the manufacture of felt goods, lace goods,
bonded-fiber fabrics, and miscellaneous textiles.
c. Lumber and Wood Products (except furniture).
This major group includes sawmills, lath mills, shingle mills,
cooperage stock mills, planning mills, and plywood and
veneer mills engaged in producing lumber and wood basic
materials; and establishments engaged in manufacturing
finished articles made entirely or mainly of wood or wood
substitutes.
d. Paper and Allied Products. This major group
includes the manufacture of pulp from wood and other
cellulose fibers and rags; the manufacture of paper and
paperboard; and the manufacture of paper and paperboard
into converted products such as paper coated paper bags,
paper boxes and envelopes.
e. Chemicals and Allied Products. This major group
includes establishments manufacturing products by
predominantly chemical processes. Establishments classified
in this major group manufacture three general clashes of
products:
i. basic chemicals such as acids, alkalies, salt,
and organic chemicals;
ii. chemical products to be used in further
manufacture such as synthetic fibers, plastic materials, dry
colors, and pigments;
iii. finished chemical products to be used for
ultimate consumption such as drugs, cosmetics and soaps; or
to be used as materials or supplies in other industries such as
paints, fertilizers, explosives. The mining of natural rock salt
is classified in mining industries. Establishments primarily
engaged in manufacturing nonferrous metals and high
percentage ferroalloys are classified in the primary metals
category and baking powder; other leavening compounds
and starches in the food and kindred products category.
Establishments primarily engaged in packaging,
repackaging, and bottling of purchased chemical products
are classified in traded industries of the standard industrial
categories. Plastic materials and synthetic rubber are
included in this category.
f. Petroleum Refining and Related Industries. This
major group includes establishments engaged in petroleum
refining, manufacturing paving and roofing materials, and
compounding lubricating oils and greases from purchased
materials. Establishments manufacturing and distributing gas
to consumers are classified in public utilities industries, and
those primarily engaged in producing coke and by-products
in primary metals category.
g. Primary Metal Industries. This major group
includes establishments engaged in the smelting and refining
of ferrous and non ferrous metals; in the manufacture of
castings, forgings, and other basic products of ferrous and
nonferrous metals, and in the manufacture of nails, spikes,
and insulated wire and cable. This major group also includes
the production of coke.
h. Other. Please name the principal industrial output
from the industry if not listed in the industrial categories on
the form.
3. Public Supply. Refers to a well which provides
water for drinking, cooking, or washing use by the public or
transients, or by persons other than immediate family of the
owner of the supply. A public supply water well may either
be a community water well or a noncommunity water well,
as follows.
a. Community Public Supply Water Well. A public
supply well which serves at least 15 service connections
used by year-round residents or regularly serves at least
25 year-round residents. A community public supply well
may be owned by a municipality or community, a water
district, a corporation, a private individual or by a local, state
or federal governmental agency.
b. Noncommunity Public Supply Well. A public
supply water well which serves either fewer than 15 service
connections or fewer than 25 year-round residents or no
year-round residents. Examples of the former case are small
public water supplies for mobile home parks, subdivisions,
etc., which fall below the 15 connections/25 persons criteria
for community water supplies. The latter case includes
public water supplies which serve no year-round residents,
such as bars and lounges, motels, camps, office buildings,
restaurants, rest stops, service stations, recreational facilities,
schools, commercial establishments, etc.
c. Because public supply use includes many
categories of use, requirements for planning and water-use
surveys require a further break-down of this use; thus, public
supply use is divided into the following categories: (A list is
provided on the registration form (refer to §117) so that the
user may select the appropriate category of public supply
use.)
d. Municipal. This category includes all wells used
to supply the drinking, sanitation, and other needs of an
urban area, e.g., Lake Charles, Ruston, etc. The well is
generally owned by a utility company, a municipality or
private individual.
e. Rural. The wells are used for the drinking,
sanitation, and other needs of a rural area. Such systems
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generally are operated by a local water district or by private
individuals.
f. Commercial
i. Wells that are used principally to supply a
motel, hotel, restaurant, office complex, swimming pool, ice
rink or other recreational facility; drive-in, trailer park or
public summer camp.
ii. Where water is used commercially in the
making of bottled drinks, the wells are in this category.
g. Therapeutic. Water that is used primarily for
bathing and/or drinking and is purported to have therapeutic
value is in this category. Water that is bottled and sold falls
into this category, mainly because of its claimed therapeutic
value.
h. Institutional/Government. Refers to wells used
specifically in the maintenance and operation of an
institution such as large schools, churches, universities,
hospitals, rest homes, penal institutions, and other
governmental installations.
i. Other. A well that is used for a purpose that does
not fit into the above categories. Give details.
4. Power Generation. Refers to a well used to supply
water for generation of any type or power.
5. Dewatering Well. This is a water well installed to
de-water an aquifer or lower a water table in order to allow
construction or mining activities.
6. Observation. Refers to a well used by the owner, by
governmental agencies, or by an appropriate engineering or
research organization to obtain information on the water
resources of an area.
7. Test Hole. An exploratory borehole drilled to obtain
geologic, hydrologic and water quality data.
8. Other. A well that is used for the purpose that does
not fit into either the above categories or those listed on the
short form (DNR-GW-1S).
J. Available Information. Please indicate where
appropriate on the form whether the specified logs or data
were collected; if so, attach copies to the registration form
for transmittal to the department.
K. Abandonment Information. If the well is new, specify
whether or not it replaces an existing well. The water well
contractor is responsible for informing the owner of the well
of state regulations requiring plugging of abandoned wells.
This item is intended to serve as a reminder.
L. Remarks. This space can be used for presenting any
other pertinent information, such as name of consulting
engineer, screen openings, pump information, name of
subcontractor, etc.
M. Driller's Log. Give a description of the materials
encountered and depth. If space on front of the form is
insufficient, continue driller's log on reverse side of original
form or attach a copy of the driller's log to the original form
to be transmitted to the department.
1. After completing the form, list the name of the
water well contracting company and the license number on
the space provided. Sign and date the form and mail the
original to the department at the address listed on the form
within 30 calendar days after the well has been completed.
The owner's copy shall be given to the owner immediately
upon completion of the work. The contractor's copy shall be
retained by the contractor for his files.
2. If there are any questions, please call or write:
Louisiana Department of Natural Resources
Office of Conservation
P.O. Box 94275
Baton Rouge, LA 70804-9275
Phone: (225) 342-8244
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3098-38:3098.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Highways, LR 1:249
(May 1975), amended LR 11:971 (October 1985), repromulgated
by the Department of Transportation and Development, Office of
Public Works, LR 31:942 (April 2005), amended by the
Department of Natural Resources, Office of Conservation,
LR 37:907 (March 2011).
§119. Water Well Registration (Short Form)
A. The Water Well Registration Short Form
(DNR-GW-1S) and detailed instructions for properly
completing the form are available by contacting department
staff at 225-342-8244 or by accessing the department’s
website at www.dnr.louisiana.gov/gwater. The short form
consists of a set of three copies. The first copy
(marked DNR copy) is to be mailed by the water well
contractor within 30 calendar days after the well has been
completed to: Louisiana Department of Natural Resources,
Office of Conservation, P.O. Box 94275, Baton Rouge, LA
70804-9275.
B. The second copy of the form shall be retained by the
water well contractor for his files and the third copy shall be
given to the well owner immediately upon completion of the
work. The commissioner will consider and encourages the
electronic submission of registration, data or reports required
under this section.
C. Although most of the information needed to complete
the form is available to the water well contractor, the
following explanation will provide clarification of intent for
selected items and uniformity of reporting:
1. Use of Well. The principal purpose for which the
well is used should be indicated by checking the appropriate
box on the form. If the well is used for more than one
purpose, only the principal or primary use should be shown.
a. Domestic Well. A water well used exclusively to
supply the household needs of the owner/lessee and his
family. Uses may include drinking, cooking, washing,
sanitary purposes, lawn and garden, watering and caring for
pets.
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b. Rig Supply Well. A water well drilled at an oil or
gas drilling site to supply water for drilling and/or other field
related activities.
c. Monitoring Well. A well used to obtain
hydrologic and water quality data, usually installed at or
near a known or potential source of ground water
contamination.
d. Heat Pump Supply. A water well which supplies
ground water to a heat pump heat exchanger.
e. Heat Pump Hole. A hole drilled to install piping
(tubing) material for an earth-coupled water source heat
pump system, also known as a vertical closed-loop system.
f. Abandoned Pilot Hole. A hole drilled with the
intent to install casing and to produce water but had to be
abandoned because of problems related to drilling operations
or encountering unsatisfactory formations.
g. Other. A well used for a purpose that does not fit
into either the above categories or those requiring a long
form (DNR-GW-1).
2. Owner Information. List the name of the legal
owner of the property on which the well is located or the
person or company holding a long-term lease on the
property. If the owner or lessee is an individual, list first and
last names and middle initial of individual. List area code
and telephone number of owner in the spaces provided.
3. Owner’s Address. List full and correct address of
the owner.
4. Owner's Well Number. List name or number the
well owner has assigned to the well.
5. Well Information. List in appropriate spaces,
completion date of well, depth of hole, depth of well, static
water level, casing type, size and length, screen size, type
and length, the depth to which the casing was cemented, and
cementing method used.
6. Well Location. List the parish where the well is
located, including the nearest town, city, etc., and give
directions to the well site. The location of the well should be
described in detail and as accurately as possible so that the
well can be easily located by the department's staff or field
inspector. Please include a detailed map or sketch on the
back of the original form showing the location of the well
with reference to roads, railroads, buildings, etc. Use an (X)
to indicate location of the well. Show location of nearest
existing well(s), if any nearby, by making (Os) and
approximate distance between wells. Determine the well’s
Global Positioning System (GPS) location and record the
GPS longitude and latitude coordinates onto the form. For
rig-supply wells, attach a "registered" permit plat
(see §105.I) and for monitoring wells, complete spaces
provided for the section, township and range (see §105.J).
7. Remarks. This space can be used for presenting any
other information, such as screen openings, pump
information, problems encountered during drilling, name
and license number of water-well subcontractors, method
and materials used to seal heat pump hole, etc.
8. Driller's Log. List in the space provided a
description of the materials encountered and depth. If space
on front of the form is insufficient, continue driller's log on
reverse side of original form or attach a copy of the driller's
log to the original form to be transmitted to the department.
9. Heat Pump Holes. List average depth of holes and
number of holes drilled at the site. Indicate type of tubing
material used by checking appropriate box. Method and
materials used to seal holes shall be stated under item
marked "remarks."
10. Abandonment Information. If the well is new,
specify whether or not it replaces an existing well. The water
well contractor is responsible for informing the owner of the
well of state regulations requiring plugging of abandoned
wells.
D. After completing the form, list the name of the water
well contracting company and the license number on the
spaces provided. Sign and date the form and mail the
original to the department at the address listed on the form
within 30 calendar days after the well has been completed.
The owner's copy shall be given to the owner immediately
upon completion of the work. The contractor's copy shall be
retained by the contractor for his files.
E. If there are any questions or you need assistance,
please call or write to:
Louisiana Department of Natural Resources
Office of Conservation
P.O. Box 94275
Baton Rouge, LA 70804-9275
Phone: (225) 342-8244
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3098-38:3098.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:974 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:908 (March 2011).
Chapter 3. Water Well Construction
§301. Preamble
A. As announced in the October 1985 issue of the
Louisiana Register, the rules, regulations and standards for
constructing water wells and holes were prepared by the
Louisiana Department of Transportation and Development
(DOTD), Office of Public Works, in accordance with R.S.
38:3091 through 38:3098.8. Effective January 1, 2010, in
accordance with Act 437 of 2009, The Department of
Natural Resources, Office of Conservation, hereafter
referred to as department, is responsible for water well
construction in Louisiana.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3098.
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Louisiana Administrative Code March 2013
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HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:952 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:909 (March 2011), LR 37:3527 (December
2011).
§303. Purpose
A. The purpose of the rules, regulations, and standards
stated herein is to minimize the chances of contaminating the
state's ground water resources via improperly constructed
water wells and holes and to minimize health and safety
hazards associated with construction of wells and holes. The
rules, regulations and standards shall apply to all water wells
and holes, including but not limited to, public supply,
domestic, irrigation/agriculture, industrial, power generation,
rig-supply, observation, dewatering, monitor, and heat pump
supply, as well as pilot holes, test holes, geotechnical
boreholes and heat pump holes (closed loop system). For
glossary of terms refer to §113.A of this Part.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:309.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:952 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§305. Approval of Plans and Specifications for Public
Water Supply Systems
A. R.S. 38:3094(A)(3), authorizes the department to:
"Establish regulations governing standards for the
construction of all water wells drilled after the effective date
of this Act..."
B. R.S. 40:4(A)(8), of Section 4 (Sanitary Code) states:
"In order to protect the public against disease from water
supplied for drinking, culinary, and ablutionary purposes, the
state health officer shall prepare and promulgate all rules and
regulations necessary to insure that water supplied to the
public by public water supplies is obtained from safe and
sanitary sources and that such sources are properly protected;
is treated, stored and conveyed in a safe and sanitary manner;
and is safe and potable for human use..."
C. In accordance with these legislative directives, the
rules, regulations and standards governing construction of
public supply water wells were prepared by the DOTD in
close cooperation with the Louisiana Department of Health
and Hospitals, Office of Public Health (LDHH-OPH), and
they are intended to eliminate duplication of efforts and
requirements by the two agencies, thereby minimizing cost
and optimizing operating efficiencies.
D. Part XII of the State Sanitary Code (LAC 51:XII)
requires that no public water supply shall be constructed,
operated or modified without review and approval of the
state health officer. Detailed plans and specifications shall be
submitted to the appropriate Department of Health and
Hospitals regional office by the person having responsible
charge for a municipally owned water supply or by the
owner of a privately owned public water supply for review
and approval before construction, modification, or operation
of such system has commenced.
E. The water well contractor shall construct the well in
accordance with the applicable provisions of this Chapter
and shall submit a Water Well Registration Long Form
(DNR-GW-1) to the department within 30 calendar days
after completing the well, as required by Subsection B of the
rules, regulations and procedures for registering water wells
and holes.
F. All questions relating to the quality of water, as it
pertains to its effect on human health, shall be referred by
the owner, engineer or water well contractor to the
following:
Department of Health and Hospitals
Office of Public Health
P. O. Box 4489
Baton Rouge, LA 70821-4489
Phone: (225) 342-7499
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3098.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:952 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended Department of Natural Resources, Office of
Conservation, LR 37:909 (March 2011), LR 37:3527 (December
2011).
§307. Licensing Requirements
A. The following wells and holes shall be drilled or
constructed by a licensed contractor (driller) who is duly
licensed by the department in accordance with the rules and
regulations stated in LAC 46:LXXXIX:
1. all water wells, regardless of use or type;
2. monitoring wells;
3. heat pump wells and holes;
4. geotechnical boreholes;
5. test holes and pilot holes.
B. Additionally, reworking of water wells, as well as
plugging and abandoning wells and holes, excluding oil and
gas wells, shall also be undertaken by a licensed contractor.
C. Drillers operating in the state of Louisiana should, as
a best management practice, carry minimum coverage for
liability insurance for drilling operations engaged by their
company.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:309.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:953 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:3528 (December 2011).
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Louisiana Administrative Code March 2013
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§309. Registration Requirements
A. Every water well or hole drilled in the state of
Louisiana shall be registered with the department in
accordance with the requirements of LAC 56:I.Chapter 1.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:309.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:953 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§311. Variance Requests
A. Requests to vary from the rules, regulations and
standards for constructing water wells and holes shall be
addressed to the department as follows:
Louisiana Department of Natural Resources
Office of Conservation
P.O. Box 94275
Baton Rouge, LA 70804-9275
Phone: (225) 342-8244
B. The request must demonstrate that compliance is
impractical and must outline a satisfactory alternative. The
department may prescribe, in writing, alternate requirements
that are equivalent to the regulations and standards stated
herein relating to the protection of aquifer and prevention of
ground water contamination.
C. Requests to vary from the provisions of the State
Sanitary Code (LAC 51) relating to the sanitary features of
the public supply water systems, and for questions related to
the quality of water as it pertains to human health, shall be
addressed to the following:
Department of Health and Hospitals
Office of Public Health
P. O. Box 4489
Baton Rouge, LA 70821-4489
Phone: (225) 342-7499
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3098.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:953 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:910 (March 2011).
§313. Minimum Distance Requirements for Locating a
Water Well
A. Provided that all other applicable rules and
regulations are complied with, the minimum distance
requirements for locating a water well shall be in accordance
with the following Sections.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:309.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:953 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:3528 (December 2011).
§315. Location in Relation to Possible Sources of
Contamination
A. The horizontal distance between any water well and
any possible sources of contamination shall be as great as
possible but in no case less than the following minimum
distances.
Possible Sources of Contamination
Minimum Distance
(in feet)
Septic Tanks
50
Storm or Sanitary Sewer
50
1
Cesspools, outdoor privies, oxidation ponds,
subsurface absorption fields, pits, etc.
100
2
Sanitary landfills, feed lots, manure piles,
solid-waste dumps and similar installations
100
Another water well
25
3
Drainage canal, ditch, stream, pond or lake
50
4
1
This distance may be reduced to 30 feet if the sewer is of cast iron
with leaded joints or schedule 40 plastic pipe with water-tight joints.
2
For domestic water wells, this distance may be reduced to 50 feet.
3
This minimum distance requirement does not take into consideration
the effects of interference from pumping nearby wells in the same
aquifer.
4
Horizontally measured from the water edge to the well at the highest
water level which may have occurred in a 10 year period.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:309.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:953 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:3528 (December 2011).
§317. Location in Relation to Levees
A. Wells or holes as defined in Part I, except relief wells,
shall not be drilled within 250 feet of the levees [R.S.
38:225(6)]. The department interprets this statute to mean
that the well or wells shall be at least 250 feet from the land
side toe of the levee. For this agency to consider any
exception to the above, written approval from the
appropriate local authorities such as levee boards or the
Corps of Engineers is necessary and should be submitted
with the variance request.
B. When wells are to be drilled within 1,500 feet of any
state or federal flood control levee or structure, the owner or
driller must first obtain permission from the appropriate
levee board. The Corps of Engineers requires that drilling
commence and casing be set and cemented in place to a
specified depth while the stage of the Mississippi River is
below 11.0 feet National Geodetic Vertical Datum (NGVD)
on the Carrollton Gage, New Orleans, Louisiana, unless a
waiver to this restriction is granted. Requests to vary from
their requirements must be sent to the appropriate levee
board and the Corps of Engineers. For specific information
concerning river stages and drilling wells near levees, the
owner, engineer or water well contractor should contact the
following:
U.S. Army, Corps of Engineers
New Orleans District
Box 60267
New Orleans, LA 70160
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Louisiana Administrative Code March 2013
14
Phone: (504) 862-2204
U.S. Army, Corps of Engineers
Vicksburg District
Box 60
Vicksburg, MS 39180-0060
Phone: (601) 634-5000
C. Requirements for relief wells located within 250 feet
from the land side toe of the levee include:
1. Written approval from the Corps of Engineers and
the local levee authority, if applicable, and;
2. Minimum construction standards for grouting down
to at least 10 feet from the ground surface and a one-way
check valve.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:309.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:953 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:3528 (December 2011).
§319. Location in Relation to Flood Water
A. Locations subject to flooding should be avoided, if
possible. If a reasonable alternate site does not exist, the well
may be constructed in flood-prone areas provided the top of
the casing is at least 2 feet above the highest flood level
which may have occurred in a 10-year period but in no case
less than 2 feet above the ground surface, except when
located in coastal areas along the Gulf of Mexico prone to
direct impact of storm surge events. Wells with a casing size
of 4 inches or less located in coastal areas prone to direct
impact of storm surge events shall be constructed with:
1. well casing material strength of S/40 PVC or
greater and a maximum casing height of 24 inches above
ground surface;
2. protective casing material strength of S/80 PVC or
greater with a diameter size providing a minimum 3 inch
space between the well casing outer diameter and the outer
diameter of the protective casing;
3. protective casing height of 20 to 22 inches above
ground surface and a minimum depth below ground surface
to 38 inches or greater;
4. spacing between the protective casing and the well
casing filled with Portland cement; and
5. grouting down to a depth of at least 50 feet below
ground surface.
B. Well piping shall be constructed with a check valve or
other appropriate apparatus to prevent introduction of
surface water into the casing in the event of damage to the
external piping or pressure tanks.
C. All rig-supply water wells must be properly capped
between the time the well is completed and the time the well
is put into water production at the site. The cap shall be
watertight and securely attached to prevent easy entry by
other than the owner and to prevent the introduction of flood
waters or contaminants into the well.
D. Flood information may be obtained from the U.S.
Geological Survey or the administering agency of the
Federal Insurance Program (i.e., municipality, police jury,
regional planning authorities or the Department of Urban
and Community Affairs).
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3098.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:953 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:910 (March 2011), LR 37:3528 (December
2011).
§321. Location in Relation to Buildings and Other
Structures
A. A well shall be located far enough from a building to
allow reworking or rehabilitation with a drilling rig. A well
shall not be located below ground surface, such as in pits
and basements, and shall not be located within the
foundation of a building, except a building constructed
solely to house pumping and water system equipment.
B. For drilling rig supply wells, if the well is located on
the constructed work pad for drilling operations or within the
ring levee system, it must be surrounded with four protective
corner posts. If the well is located outside the ring levee
system and will be transferred for some other future use or
will not be plugged and abandoned within six months of
completion of associated oil and gas well drilling activity, it
must be surrounded by four protective corner posts. The
corner posts shall be constructed of four inch diameter metal
pipe not less than schedule 40 and shall be concreted below
the ground surface not less than four feet and shall extend
above the ground surface not less than three feet.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3098.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:954 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended LR 37:3526 (December 2011).
§323. Drilling and Construction
A. Geologic conditions in Louisiana permit the use of
two methods of drilling: the rotary method and reverse
circulation method. Regardless of the method used, every
precaution should be taken to prevent ground water
contamination during drilling operations.
B. Water used in drilling operations shall be potable or
chlorinated to prevent contamination of water-bearing
formations.
C. When drilling a hole the contractor shall:
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Louisiana Administrative Code March 2013
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1. prior to the commencement of any construction on
a new water well, the drilling contractor shall confirm that
the office of conservation has received and responded to
water well installation notification as required in LAC
43:VI.701.B;
2. record the hole diameter and any changes in size of
hole;
3. record (driller's log) the depth and thickness of the
formations penetrated;
4. record any unusual occurrences, such as loss of
circulation, cave-ins, etc. (In the event the unusual
occurrence is observable evidence of naturally occurring
methane gas, natural gas or similar sub-surface gas, such as
bubbling drilling mud or gas venting at the well bore or
other nearby surface location or feature, the contractor shall
report such event verbally to the Environmental Division of
the Office of Conservation within 24 hours.); and
5. collect representative samples (drill cuttings) from
each potential aquifer.
D. The contractor shall properly maintain all materials,
tools, and drilling equipment and shall take all measures
necessary to minimize health and safety hazards and to
prevent movement of surface water and contaminants into
the drilled hole or well.
E. An approved portable toilet shall be located at the
drilling site if other restroom facilities are not available.
F. The mud pit shall be so constructed and maintained as
to minimize the contamination of the drilling mud.
G. During a temporary shutdown for more than 24 hours,
safeguards shall be taken to prevent possible contamination
and damage. The well or hole shall be covered or capped to
prevent entry by other than the contractor; it shall be clearly
marked, and shall not be a safety hazard.
H. Alignment and Plumbness. The hole shall be drilled
reasonably straight and plumb in order to:
a. avoid encroachment on neighboring property;
b. prevent intersection with other wells and holes;
c. prevent damage to screen while being set;
d. prevent damage to pumping equipment; and
e. allow for lowering the pump to the desired depth.
I. The contractor shall exercise reasonably straight and
plumb. Testing for plumbness and alignment are described in
Section 8 and Appendix C of the current American Water
Works Association Standards for Water Wells (AWWA A-
100), as well as in Article 51 of the United States
Environmental Protection Agency's Manual of Water Well
Construction Practices.
J. Drilling of Test Holes and Pilot Holes
1. A test hole is usually drilled to the base of the fresh
water or to the bottom of the sand to be tested. Test holes are
drilled primarily to:
a. determine the exact depth and thickness of the
fresh-water bearing sands (aquifers);
b. collect drill cuttings for determining screen slot
openings and the best location for the screen; and
c. collect quality and quantity of water data that can
be used to design the well and select a pump and motor.
2. During the drilling operation, the contractor shall
take the necessary precautions to prevent the contamination
of any aquifer and the exchange of waters between aquifers.
3. When the drilling of a pilot hole or a test hole is
temporarily suspended and the rig moves away from the
drilling site, the hole shall be considered an abandoned hole
unless drilling operations are resumed within 30 calendar
days of the initial date of suspension of drilling or an
extension, in writing, is granted by the department. During
the "shut down" period, a mud column of sufficient weight
and height shall be maintained in the hole at all times to
prevent seepage of surface water and foreign materials into
any aquifer and to prevent interaquifer movement of water.
Additionally, the hole shall be capped and the immediate
area shall be conspicuously marked to protect and warn the
public. The cap shall be sufficiently strong and anchored to
prevent easy and unintentional entry.
4. If the drilled test hole is deeper than the interval to
be tested, the contractor shall use cement-bentonite slurry to
set a plug extending from the bottom of the hole upward to a
depth within 20 feet of the bottom of the proposed screen
setting or to the top of clay or shale layer underlying the
sand to be tested. A sufficient period of time shall be allotted
for the cement to set before development begins. If sands
were not penetrated below the bottom of the sand to be
screened, heavy drilling mud or bentonite slurry may be
used in lieu of cement-bentonite slurry to plug the bottom of
the hole.
5. If another aquifer at a shallower depth is to be
tested, the contractor shall use cement-bentonite slurry to set
a plug extending upward from the top of the plug, previously
placed in the bottom of the hole, to within 20 feet of the
depth where the bottom of the test screen is to be set in the
shallower aquifer, or to the top of the clay or shale layer
underlying the shallower sand to be tested.
6. Abandoned pilot holes and test holes shall be
plugged in accordance with requirements of §531,
respectively.
K. Drilling of Heat Pump Holes (Closed Loop-System)
1. Heat pump holes shall be constructed in accordance
with the pertinent provisions of this Chapter in order to
protect freshwater aquifers from surface contamination and
to prevent movement of water of objectionable quality from
one aquifer to another.
2. Piping, casing or tubing materials shall conform to
the applicable ASTM standards for polyvinyl chloride
(PVC), polyethylene (PE), or polybutylene (PB) plastics and
shall be installed and joined according to manufacturer's
recommendations.
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3. If used, antifreeze compounds shall be nontoxic and
approved for use by the U.S. Environmental Protection
Agency.
4. The entire depth of the closed loop heat pump holes
shall be sealed in accordance with requirements of §531
within 30 calendar days after completion of drilling
operations.
5. Service manifold should be protected from external
forces as recommended by the manufacturer, designer and/or
local building codes.
L. Drilling of Monitoring Wells
1. Monitoring wells shall be constructed in
accordance with the pertinent provisions of this Chapter in
order to protect freshwater aquifers from surface
contamination and to prevent movement of water of
objectionable quality from one aquifer to another.
2. To prevent the introduction of extraneous
compounds into the formation water, the use of drilling mud
in the monitoring wells is discouraged.
3. Monitoring wells shall be cased and the casing shall
be strong enough to resist the forces imposed during and
after installation, including reaction upon the casing by
natural or foreign constituents or contamination.
4. The entire annular space of the monitoring wells
shall be sealed with cement-bentonite slurry, unless specified
otherwise by the Department of Environmental Quality
(DEQ). Prior to cementing, flushing of the annular space
with water will be necessary when obstructions are present
or suspected. Coarse ground bentonite or bentonite pellets
shall be placed between and the sand pack and the cement-
bentonite slurry. The ground surface around the well shall be
covered with a concrete slab at least 4 inches thick,
extending at least 2 1/2 feet from the well in all directions.
The surface of the slab shall be sloped to drain away from
the well.
5. Monitoring wells shall be covered with a protective
cover or cap.
6. Abandoned monitoring wells shall be plugged in
accordance with requirements of §531.
Note: Construction of Monitoring Wells for facilities
regulated by the department of Environmental Quality (DEQ)
require approval from DEQ prior to construction.
M. Drilling of Geotechnical Boreholes
1. Boreholes shall be drilled in accordance with
pertinent provisions of this Chapter in order to protect the
fresh-water aquifers from surface contamination and to
prevent movement of water of objectionable quality from
one aquifer to another.
2. Geotechnical boreholes shall be plugged in
accordance with requirements of §531 within 30 calendar
days after the termination of drilling and sampling
operations.
NOTE: Drilling of geotechnical boreholes for facilities
regulated by the Department of Environmental Quality (DEQ)
require special consideration by that department.
N. Reworking of Water Wells
1. Rehabilitation or modification of water wells
shall be accomplished in accordance with the provisions of
this Chapter of the rules, regulations and standards for water
well drilling in order to protect the fresh-water aquifers from
contamination.
O. The following operations shall be considered as
reworking water wells and shall require a water well
contractor's license.
1. removing and replacing screen;
2. replacing gravel pack around screen;
3. placing a new screen within the old screen;
4. placing a liner pipe within the old casing;
5. redeveloping a well by surging, adicizing, jetting,
etc.
P. When a well is reworked or the sanitary seal is
removed, the drop pipe, jet line or column pipe,
pump/motor, etc., shall be cleaned and the well shall be
disinfected in accordance with Chapter XII of the State
Sanitary Code.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-38:309.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:954 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:910 (March 2011), amended by the
Department of Natural Resources, Office of Conservation, LR
37:910 (March 2011), LR 37:3528 (December 2011), LR 38:2932
(November 2012).
§325. Casing
A. An appropriate casing shall be installed in every water
well to prevent the wall of the hole from collapsing, to house
the pump, and to convey the water to the surface.
B. General Criteria. The selection of casing is dependent
upon a number of factors that shall be considered when
designing and installing a well. Following are some of the
factors.
1. The casing shall be strong enough to resist the
forces imposed during installation and other forces that can
be expected after installation.
2. The casing shall be of adequate diameter to
accommodate the pump and convey the required quantity of
water.
3. Joints of metal casing shall have threaded couplings
or be welded to ensure water tightness for the entire length
of the casing.
4. The casing shall be reasonably plumb and straight.
The plumbness and alignment of the casing shall be checked
in accordance with accepted practices.
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5. The casing shall be installed so as to seal off water-
bearing formations that contain undesirable water and to
prevent water from the surface and other aquifers from
entering the well.
C. Materials. The casing materials commonly used in
Louisiana are metal and plastic. Concrete, clay tile, wood,
fiberglass, and other synthetic casings have been used in the
past in some areas for specific applications.
D. Metal Casing. Steel is the material most frequently
used for well casing in drilled wells. The three principal
classifications of steel used for water well casing are as
follows.
1. Standard and Line Pipe. This material shall meet
one of the following standard specifications, including the
latest revision thereof:
a. API Spec. 5A, "Specifications for Casing, Tubing
and Drill Pipe;"
b. API Spec. 5L, "Specifications for Line Pipe;"
c. API Spec. 5LX, "Specifications for High-Test
Line Pipe;"
d. ASTM A53, "Specifications for Pipe, Steel,
Black and Hot Dipped, Zinc-Coated, Welded and Seamless
Steel Pipe;"
e. ASTM A120 "Standard Specifications for Pipe,
Steel, Black and Hot Dipped Zinc-Coated (Galvanized)
Welded and Seamless Steel Pipe for Ordinary Uses;"
f. ASTM A134, "Standard Specifications for Pipe
Steel, Fusion (Arc)―Welded Steel Pipe (Sizes NPS 16 and
over );"
g. ASTM A135, "Standard Specifications for
Electric-Resistant Steel Pipe;"
h. ASTM A139, "Standard Specifications for
Electric-Fusion (Arc)―Welded Steel Pipe (Sizes 4 inches
and over);
i. ASTM A211, "Standard Specifications for Spiral-
Welded Steel or Iron Pipe;"
j. AWWA C201, "AWWA Standard for Fabricated
Electrically Welded Steel Pipe;"
k. AWWA C202, "Tentative Standard for Mill Type
Steel Water Pipe;"
l. Underwriters Laboratories Standard 888.
2. Structural Steel. This material shall meet one of the
following specifications of the American Society for Testing
and Material, including latest revision thereof:
a. ASTM A36, "Standard Specification for
Structural Steel;"
b. ASTM A242, "Standard Specification for High-
Strength Low-Alloy Structural Steel;"
c. ASTM 570-79, "Standard Specifications for Hot-
Rolled Carbon Steel Sheet and Strip, Structural Quality;"
d. ASTM A283, "Standard Specifications for Low
and Intermediate Tensile Strength Carbon Steel Plates,
Shapes and Bars;"
e. ASTM A441, "Standard Specification for High-
Strength Low-Alloy Structural Manganese Vanadium Steel."
(Abbreviations used are:
API―American Petroleum Institute;
ASTM―American Society for Testing and Materials;
AWWA―American Water Works Association.)
3. High Strength Carbon Steel. At present, there is no
standard specification concerning this material; however,
products are marked whose chemical and physical properties
are similar. The material shall contain mill markings which
will identify the manufacturer and specify that the material is
well casing steel that complies with the chemical and
physical properties as published by the manufacturer.
E. Plastic Casing. Thermoplastic well casing pipe may
be used for well construction if it complies with the
requirements and restrictions of this Section.
F. Pipe and Material Specifications
1. The thermoplastic well casing pipe and couplings
shall be new polyvinyl chloride (PVC) material produced in
accordance with the current AWWA Standard A-100 and
ASTM F-480 standard, except that the impact standards of
the current ASTM D-2241 may be substituted.
2. PVC material shall be designated as PVC 1120 or
PVC 1220 and shall include an ultra-violet degradation
inhibitor in its formulation.
3. Solvent cement shall conform to the current ASTM
D-2564 standard.
4. Pipe may be joined by threaded joints, integral bell
pipe or one piece couplings. Solvent-weld tapered bell and
spigot joints shall meet current ASTM specification D-2672.
G. Casing Wall Thickness and Diameters
1. The pipe shall have a standard dimension ratio
(SDR) of 26, 21, or 17, and shall be equivalent to at least
Schedule 40 or 80, depending upon use, construction
techniques, depths and strength requirements.
2. Casing collapse pressures recommended by the
manufacturer shall not be exceeded in any phase of well
construction. Due consideration shall be given to extreme
conditions that may result from the use of high density
cement grouts, high pressure cement grouting and high
temperature from the heat of hydration in cement grouts.
3. Where threaded joints are used, wall thickness shall
not be less than the equivalent of Schedule 80.
H. Marking and Approval
1. The well casing pipe and couplings shall be marked
in accordance with the current ASTM F-480 standard.
2. Where applicable, the well casing pipe, couplings,
cement, primer and other compounds shall be evaluated and
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listed as conforming with both ANSI/NSF Standard 14 and
ANSI/NSF Standard 61.
3. The pipe shall be marked with the nominal size
standard dimension ratio or schedule, type of material, either
the designation "PVC 1120" or "PVC 1220", the wording
"well casing", designation "ASTM F-480", manufacturers
name or trademark, and the NSF-WC designation.
I. Storage
1. The pipe and couplings shall be stored in a manner
to minimize exposure to ultraviolet radiation.
2. The pipe shall be stored in a manner to prevent
deformation, sagging or bending.
J. Assembly and Installation
1. Joining techniques, including procedures for
cutting, joint cleaning and priming, application of solvent
cement, assembly and hardening time for solvent cement
joints, shall be in accordance with the manufacturer's
recommendations, and/or ASTM Standard D2855.
2. The well casing shall not be subjected to excessive
forces and it may not be driven, pushed or forced into the
formation.
3. PVC casing may be used to any depth, provided
that allowable head differential (AHD) and hydraulic
collapse pressure resistance (HCPR) are not exceeded. The
well casing diameter and SDR or schedule shall be selected
based on Appendix "L" of AWWA Standard A-100 and/or
the manufacturer's recommendations for collapse pressure
under extreme conditions.
4. PVC casing shall not be allowed to support the
weight of the pump/motor (excluding submersible and
single-pipe jet pump) and its related piping. The
pump/motor, etc. shall be supported on a concrete base
provided therefor.
5. Exposed PVC casings shall be protected from ultra-
violet degradation by appropriate coatings as recommended
by the manufacturer.
K. Height of Casing. Well casing shall project at least
one foot above ground level, pump-house floor, or the top of
concrete slab. For wells in areas subject to flooding, refer to
§319.A. The ground surface or concrete slab around the well
shall be sloped to drain away from the well in all directions.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:309.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:955 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:3529 (December 2011).
§327. Screen
A. Every water well shall be provided with an
appropriate screen. It shall be the responsibility of the driller
to determine the type of screen required, screen material, slot
openings, entrance velocity, screen length and setting, and
whether or not the well is to be gravel packed.
B. Type of Screen. The type of screen used is governed
by cost, the contractor's experience with handling a specific
type of screen, water quality, length of screen required,
proposed well yield, and the required structural strength of
the screen. The screen selected shall be strong enough to
withstand external pressures and vertical load due to the
weight of drill stem used to set the screen and the casing
above the screen, if set in one continuous string.
C. Screen Material. The type of screen material is
generally dependent upon cost and the quality of water to be
pumped. If the water contains a relatively high concentration
of carbon dioxide, dissolved solids or hydrogen sulfide,
corrosion-resistant materials should be used in the
construction of the screen. If a corrosive environment is
present, the screen should be made entirely of the same
material, and the lap or extension pipe (for not less than 5
feet) above the screen and blank pipe, if used, should be
made of the same material as the screen. The likelihood of
corrosion and encrustation can also be decreased by
maintaining the entrance velocity within acceptable limits,
0.1 foot per second or less.
D. Among metal alloys available with varying degrees of
corrosion resistance are the stainless steels which combine
nickel and chromium with steel and the various copper-
based alloys. Manufacturers can be expected to provide
advice on the type of metal or metal alloys that should be
used if supplied with the results of a water analysis.
Nonmetal screens made of polyvinyl chloride (PVC) have
been used as an alternative when corrosive conditions exist.
E. In contrast to "corrosive waters", encrusting waters
are usually alkaline, have excessive carbonate hardness and
contain iron and/or manganese. Encrustation, which reduces
the open area of the screen and the specific capacity of the
well, is the deposition of undesirable material about the
screen openings. Efficient well development, which will
decrease excessive head losses or pressure differentials
across the face of the screen, will minimize the precipitation
of encrusting minerals.
F. Screen Slot Openings. The selection of the screen
openings, which shall be based on the results of mechanical
analysis of the formation samples collected during drilling,
is dependent upon the percentage of material that will be
allowed to pass through the openings in the development
process. Generally, the percentage of material that will be
permitted to pass through the screen openings is related to
the intended use of the water. Although proper screen
selection and well development should eliminate the
pumping of sand during normal operations, cyclic pumping
and increased pumping rates sometimes cause a well to yield
some sand. Sand pumping by wells used to supply public
and domestic water systems cannot be tolerated, whereas
some sand in water used for irrigation is generally
acceptable. Other factors involved in the selection of the slot
openings are the uniformity of the material, the uniformity
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coefficient, the type of overlying sediments and the desired
entrance velocity.
G. Properly designed slot openings should allow the
water to flow freely from the formation into the pump area
while preventing clogging and sanding.
H. Entrance Velocity. To minimize the potential for
encrustation, corrosion and "sanding", the entrance velocity
should not exceed 0.1 foot per second. The entrance velocity
is calculated by dividing the yield expressed in cubic feet per
second (gallons per minute divided by 448.8 equals cubic
feet per second) by the total area of the screen openings in
square feet. The total area of the screen openings is the area
of the openings provided per foot of screen multiplied by the
length of screen in feet. Most manufacturers provide tables
listing the open area for screen diameter and slot openings.
I. Screen Length. The length of the screen is influenced
by cost, aquifer thickness, desired well yield and the
estimated pumping level. The screen length should represent
a compromise between cost and well efficiency. Well yield is
more effectively increased by increasing the length of the
screen than by proportionally increasing the diameter.
J. Screen Setting. Installation of the screen should be
based upon an evaluation of all data collected during drilling
and a detailed interpretation of the driller's and geophysical
logs, if available. Care should be exercised to avoid
damaging any part of the screen and to ensure that the
setting is correct.
K. Gravel Pack
1. If the interval to be screened consists of a fine
uniform sand or consists of thin alternating layers of fine,
medium and coarse sand, it may be desirable to gravel pack
the screen. The objectives of gravel packing are to increase
the permeability of the material in the zone immediately
surrounding the screen, to minimize the chances of sand
pumping, to reduce the entrance velocity at the face of the
screen, to reduce the chances of error where a screen is set
opposite alternating beds of sand of different grain size and
clay, and to allow the installation of a small diameter screen
in relatively thick aquifers.
2. If required, a properly graded gravel pack shall be
selected based upon an evaluation of the sieve analysis for
the sands in the formation. The uniformity coefficient (see
§113 of this Chapter for glossary of terms) of the selected
gravel pack material should be 2.5 or less. The gravel
envelope, usually 3 to 8 inches thick, should consist of clean,
well-rounded siliceous material that will permit the selection
of screen openings that will retain 90 percent or more of the
gravel pack material by size. Limestone and shale shall not
be used as a gravel pack.
L. Formation Stabilization. If the hole drilled to
accommodate the screen is much larger (4 inches or more)
than the diameter of the well screen, it is sometimes
necessary to stabilize the extension pipe with a material such
as sand or gravel to prevent caving or slumping of silt, sand,
and clay from above the aquifer. Formation stabilization
should not be confused with gravel packing. In contrast to
gravel packing, the material used as the formation stabilizer
is not specially graded. In addition, commercially available
equipment, such as shale packers or metal-petal baskets, are
commonly used to prevent sloughing or caving into the
producing formation.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3098.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:956 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:910 (March 2011), amended by the
Department of Natural Resources, Office of Conservation, LR
37:910 (March 2011), LR 37:3529 (December 2011).
§329. Methods and Standards for Cementing the
Annular Space
A.1. The methods and materials employed to cement the
annular space between the well casing and the borehole
generally depend upon:
a. local geohydrologic conditions; and
b. type of well construction.
2. The primary reasons for sealing, cementing or
grouting the annular space are as follows:
a. to protect the aquifer from surface contamination;
b. to increase the life of the well by protecting the
casing against exterior corrosion; and
c. to prevent movement of water of objectionable
quality from one aquifer to another.
B. Methods for Cementing the Annular Space. The
following regulations shall apply to all water wells,
regardless of use or type.
1. Annular space shall be sealed with cement-
bentonite slurry, which is a mixture of cement, bentonite and
water, consisting of not more than 8 percent bentonite by dry
weight of the cement, and a maximum of 10 gallons of water
per sack (94 pounds) of cement. Additives, in the approved
and proper ratio, may be added to the slurry if required. If
the slurry is to be prepared in the field, it is recommended
that the bentonite be added after cement and water are
thoroughly mixed. Sodium bentonite with a minimum
porosity of 10
-8
may also be used.
2. Neat cement, which is a mixture of cement and
water consisting of not more than 5 gallons of water per sack
(94 pounds) of cement, may be used in lieu of cement-
bentonite slurry.
3. Cement-bentonite slurry shall be placed in the
annular space in a continuous operation from bottom of the
space to be cemented, up to the ground surface. Slurry shall
be placed by the circulation or pump-down method unless
specified otherwise. The pump-down method may include
the "Halliburton" method, inner string cementing, or positive
placement-exterior method. The selected method should
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ensure uniform coverage of slurry throughout the annular
space.
4. A suitable cement retainer, packer, shale trap, boot
or plug shall be secured to the casing at the appropriate
depth to prevent leakage or migration of the slurry into the
bottom of the well.
5. The cement-bentonite slurry shall fill a minimum
annular space of 1 1/2 inches for 4-inch and smaller wells,
and a minimum of 2 inches for 6-inch and larger wells. For
cementing methods using a "tremie" or "grouting pipe"
placed in the annular space, sufficient space should be
provided to accommodate the tremie pipe.
6. If a conductor pipe is used, it shall be cemented in
place and the annular space between the well casing and the
conductor pipe shall be made watertight by grouting with
cement-bentonite slurry from bottom of the conductor pipe
to the ground surface.
7. If one or more sands between the ground surface
and the production sand contain saline water and/or water of
objectionable quality, the annular space between the well
casing and the hole shall be sealed with cement-bentonite
slurry, at a minimum, to a depth of not less than 20 feet
below the deepest sand containing the water of objectionable
quality unless full depth cementing is required by §329.C.
C. Standards for Cementing the Annular Space
1. Community public supply wells shall be cemented
to their full depth from the top of the producing aquifer to
the ground surface.
2. Noncommunity public supply wells shall be
cemented from a minimum depth of 50 feet to the ground
surface.
3. Industrial and power generation wells shall be
cemented to their full depth from the top of the producing
aquifer to the ground surface.
4. Observation wells shall be cemented from a
minimum depth of 50 feet to the ground surface.
5. Irrigation/agricultural wells shall be cemented from
a minimum depth of 10 feet to the ground surface, using the
pump-down or the gravity method with or without the tremie
pipe.
6. Rig-supply wells shall be cemented from a
minimum depth of 50 feet to the ground surface.
7. Monitoring wells shall be cemented along the entire
length of the casing unless specified otherwise by the
Department of Environmental Quality.
8. Dewatering wells, other than drive-point type, shall
be cemented from a minimum depth of 50 feet to the ground
surface.
9. Domestic wells shall be cemented from a minimum
depth of 10 feet to the ground surface using the pump-down
or the gravity method with or without the tremie pipe. A
suitable cement retainer, such as a shale trap or boot, as
required by §329.B.4, shall be attached to the casing at the
10-foot minimum depth. The use of empty cement sacks in
lieu of shale trap or boot shall not be allowed. A long metal
rod shall be used to rod the cement slurry to ensure uniform
coverage around the casing.
10. Heat pump supply wells for private homes shall be
cemented in accordance with requirements for domestic
wells; for apartment buildings and other commercial
establishments, in accordance with requirements for
noncommunity public supply wells, and for industrial plants,
in accordance with requirements for industrial wells.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:309.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:957 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:3529 (December 2011).
§331. Well Development and Disinfection
A. Purpose and Methods of Development. The principal
purposes of well development are as follows:
1. to remove silt, sand, drilling mud, and other
materials that may retard the flow of water toward and into
the well;
2. to correct any damages to, or clogging of, the water
bearing formation that may have occurred during drilling;
and
3. to stabilize the material around the screen so that
the well will yield clear "sand free" water.
B. The following methods used in developing,
redeveloping or conditioning a well are acceptable:
1. surging with a plunger or piston while jetting using
air lift;
2. jetting with water, also known as crosswashing;
3. backwashing or surging by alternately starting and
stopping the pump;
4. using chemicals designed for developing or
redeveloping a well;
5. over-pumping.
C. The use of explosives is prohibited. Water used for
well development shall be potable or chlorinated to prevent
contamination of water-bearing formations.
D. Criteria for Development
1. A well should be developed at a yield of 1.5 times
the proposed pumping rate and, if possible, it should
continue until the observed specific capacity is the same, or
nearly the same, as the theoretical specific capacity.
Adequately developed wells should be "sand free" and
should have fewer encrustation problems if the operating
pumping rate is about two-thirds the developed rate, the
entrance velocity is 0.1 foot per second or less, and the head
differential across the face of the screen is at a minimum.
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2. The acceptable amount of sand per unit volume
should be between recommended ratios of 1 ounce of sand
per 8,000 gallons of water (about 1 milligram per liter) and
one ounce per 100 gallons of water (80 milligrams per liter),
depending on the use of water. Because of the possibility of
damage by sand to plumbing fixtures and industrial
equipment and products, the tolerance for sand in water used
for public supply, domestic and most industrial purposes is
low and should not exceed 5 milligrams per liter. Many
wells that are used for public water supply systems have an
acceptable ratio of "no sand." The well owner should specify
the acceptable limits of the "sand free" water with equal
consideration given to the use of the water, the desired
production rate, costs, and well development.
E. Development of Gravel-Packed Wells. The successful
development of a gravel-packed well is dependent upon the
grading of the gravel, the method of development, and
thickness of the skin of the relatively impervious drilling
mud filter cake which is "plastered" on the wall of the hole
and is between the water-bearing formation, and the
emplaced gravel. Because it concentrates energy in small
areas, the jetting or cross washing method is usually the
most effective in developing gravel-packed wells.
F. Chemicals Used in the Development Process
1. Glassy polyphosphate chemicals, if used strictly in
accordance with the manufacturer's recommendation, will
aid in the development or redevelopment process by
reducing the gel-like properties of the drilling mud and by
dispersing the clay particles that are on the sand grains.
2. The appropriate ratio of chemicals to water in the
well is usually specified by the manufacturer. The mixture
should be allowed to stand in the well for at least one hour,
or the period of time recommended by the manufacturer of
the chemical, before development starts. It should be noted
that the polyphosphate should not be allowed to remain in
the well for too long (several days). If the chemicals
converted to the glassy orthophosphate state, any clay in
suspension could be deposited, perhaps out of reach of any
further removal, resulting in permanent reduction in yield.
3. Chemicals used in the development process shall
either meet the standards of the American Water Works
Association or be approved for use by the U.S.
Environmental Protection Agency (EPA).
4. Disinfection of Wells. All new wells and existing
wells in which repair work has been done shall be
disinfected before being put into use, in accordance with
Part XII of the State Sanitary Code (LAC 51:XII), if water is
to be used for human drinking, cooking, washing or other
potable purposes. Negative bacteriological analysis of water,
performed by the Louisiana Department of Health and
Hospitals, Office of Public Health (LDHH-OPH) or by a
laboratory certified by the state health officer, shall be
required for all public supply and domestic water wells.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:309.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:958 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:910 (March 2011), LR 37:3529 (December
2011).
§333. Standards for Miscellaneous Appurtenances
A. Vent (Breather Pipe). Vents are required for all public
supply water wells and are recommended for use on wells
used for other purposes. Vents shall be so constructed and
installed as to prevent the entrance of contaminants into the
well. Vent openings shall be piped water-tight to a point at
least 2 feet above the highest flood level which may have
occurred in a 10-year period, but in no case less than 1 foot
above the top of the well casing. Such vent openings and
extensions thereof should not be less than 1/2 inch in
diameter, with extension pipe firmly attached thereto. In all
cases wherein a well’s casing terminates less than 2 feet
above the highest flood level which may have occurred in a
10-year period (such as along coastal areas as allowed under
§319.A), the vent pipe opening shall continue to be required
to terminate at least 2 feet above the highest flood level
which may have occurred in a 10-year period. The openings
of the vent pipes shall be turned downward and screened to
prevent the entrance of insects, foreign matter and other
contaminants. Vents will not be required when single-pipe
jet pumps are used.
B. Sampling Tap. All public supply and domestic water
wells shall be provided with a readily accessible faucet or
tap on the well discharge line at the well head for the
collection of water samples. The faucet or tap shall be of the
smooth nozzle type and turned downward.
C. Concrete Slab
1. When concrete slabs are placed around water wells
at ground surface, they should be at least 4 inches thick and
extending at least 2 1/2 feet from the well in all directions.
The surface of the slab shall be sloped to drain away from
the well. The top of the casing shall be at least 1 foot above
the top of the slab (see §319.A for flood prone areas). Prior
to the slab installation, the contractor shall seal the annular
space in accordance with §329. The placement of a slab shall
not be considered a substitute for the placement of cement-
bentonite slurry in the annular space between the hole and
the casing.
2. For wells where a slab is not provided, the ground
surface surrounding the well shall be compacted and graded
to drain water away from the well.
D. Sanitary Seals. A water-tight sanitary seal shall be
installed at the top of the casing for all water wells to
prevent the entrance of contaminated water or other
objectionable material into the well. Sanitary seals shall be
constructed of a durable material such as cast iron, steel,
aluminum, high impact plastic, neoprene, or a combination
thereof. If a vent and/or an electrical conduit enter the well
casing through the sanitary seal the openings shall be made
water-tight.
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E. Pump/Motor Base. To prevent transmission of
vibration to the well casing, all surface-mounted
pumps/motors (excluding submersible and single-pipe jet
pumps/motors) shall be supported by a concrete base, pier or
foundation. The well casing shall not be used to support the
weight of the surface-mounted pump/motor, except as noted
above. Foundations may either be split pier type or solid
pedestal type. For solid pedestal foundations, the well casing
shall project at least 1 inch above the level of the foundation.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3098.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:959 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:910 (March 2011), LR 37:3530 (December
2011).
§335. Enforcement Actions
A. Provisions addressing enforcement of this Chapter
appear in R.S. 38:3097.3, as follows.
1. Whoever knowingly and willfully violates a
provision of this Chapter, or a rule, regulation, or order of
the director or a board made hereunder, shall be subject to a
civil penalty of not more than $1,000 a day for each day of
violation and for each act of violation if a penalty for the
violation is not otherwise provided in this Chapter.
a. The place of suit to recover this penalty shall be
selected by the director or board, as may be appropriate, in
the district court of the parish of the residence of any one of
the defendants, or in the district court of the parish where the
violation took place.
b. Suit shall be at the direction of the director or
board, as may be appropriate, and shall be instituted and
conducted in his or its name by the attorney general or by
the district attorney of the district under the direction of the
attorney general.
2. Whoever knowingly and willfully aids or abets a
person in the violation of a provision of this Chapter, or in
any rule, regulation, or order made hereunder, shall be
subject to the same penalties provided herein for the
principal violator.
B. Falsification of Documents. Falsification of
documents to evade regulations, as well as penalties for said
falsifications, appears in R.S. 38:3095, as follows.
1. No person shall, for the purpose of evading this
Chapter, or any rule, regulation, or order made thereunder:
a. make or cause to be made any false entry or
statement of fact in any report required to be made by this
Chapter or by any rule, regulation, or order made hereunder;
or
b. make or cause to be made any false entry in an
account, record, or memorandum kept by any person in
connection with the provisions of this Chapter or of any rule,
regulation or order made thereunder; or
c. remove out of the jurisdiction of the state, or
destroy or mutilate, alter, or by any other means falsify any
book, record, or other paper pertaining to the matters
regulated by this Chapter or by any rule, regulation, or order
made thereunder.
2. Whoever violates this Section shall be fined not
more than $5,000 or imprisoned not more than six months or
both.
C. The penalty provision for falsification of documents
required under the provisions of this Part are therefore
criminal in nature and will be enforced through the district
attorney having jurisdiction where said violation occurs. It
should also be noted that utilization of the United States
Mail in the falsification of documents constitutes a violation
of Title 18 of the United States Code (Mail Fraud), and such
information will be referred to the appropriate United States
attorney.
D. Appeals. An alleged violator may appeal any order of
the department by requesting a hearing. The hearing request
must be made to the department, in writing, within
30 calendar days of the original order and must be sent by
"Certified Mail-Return Receipt Requested." After receiving
the request, the department will arrange a hearing to
determine what other remedial action will serve to effect
compliance with the rules and regulations.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:309.8.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:959 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:3530 (December 2011).
Chapter 5. Plugging and Sealing of
Abandoned Water Wells and Holes
§501. Organization
A. As announced in the October 1985 issue of the
Louisiana Register, the rules, regulations and standards,
stated herein, were prepared by the Louisiana Department of
Transportation and Development, Office of Public Works, in
accordance with R.S. 38:3091-38:3097. Effective January 1,
2010, in accordance with Act 437 of 2009, The Department
of Natural Resources, Office of Conservation, hereafter
referred to as “department,” is responsible for registering
water wells and holes in Louisiana.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:959 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
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Conservation, LR 37:911 (March 2011), LR 37:3530 (December
2011).
§503. Purpose
A. The purpose of the rules, regulations and standards
for plugging abandoned water wells and holes, stated herein,
is to protect the ground water resources of the state from
surface contamination, to prevent movement of water from
one aquifer to another, to prevent the entrance of
objectionable materials and wastes into aquifers via open or
improperly sealed water wells and holes, and to minimize
health and safety hazards associated with abandoned wells
and holes.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:2091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:960 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§505. General Rules and Regulations
A. In 1972, the Louisiana Legislature enacted State Act
535, which authorized the authorizing agency to promulgate
reasonable rules and regulations relating to the plugging of
abandoned water wells. Section A-6 of this Act
(R.S. 38:3094) states that the authorizing agency shall:
"Require that all abandoned wells be reported and sealed with
approved standards and to establish such standards."
B. Accordingly, the rules, regulations and standards for
plugging abandoned water wells and holes stated herein
were prepared in response to this legislative directive and
were developed in coordination with other state agencies
that are also concerned with the protection of the water
resources of the state. The regulations and standards are
intended to provide for restoration, as nearly as possible, of
those subsurface and surface conditions that existed prior to
drilling, boring, digging or augering activities; taking into
account any changes that may have occurred as a result of
"natural stresses."
C. These regulations and standards do not preempt but
instead complement the rules and regulations of the
Louisiana Department of Natural Resources, Office of
Conservation, related to plugging and abandonment of oil,
gas, saltwater, saltwater disposal, waste disposal and
injection wells, and the rules and regulations of the
Department of Environmental Quality related to plugging of
monitoring wells and geotechnical boreholes associated with
waste activities. These regulations and standards are also
important as guidelines for other state agencies when
promulgating and enforcing their plugging regulations and
standards.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:960 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:911 (March 2011), LR 37:3530 (December
2011).
§507. Abandoned Water Wells and Holes That Shall
Be Plugged
A. The rules, regulations and standards for plugging
abandoned water wells and holes shall apply to all
abandoned water wells and holes including, but not limited
to, public supply, domestic, irrigation/agriculture, industrial,
power generation, rig-supply, observation, dewatering,
monitoring, and heat pump supply, as well as abandoned
pilot holes, test holes, geotechnical boreholes, and heat
pump holes (closed loop system). Abandoned or improperly
plugged wells or holes could act as conduits for transmitting
contaminants from the surface down to the water-bearing
sands and thereby contaminate the state's ground water
resources. For glossary of terms, refer to §113.A of this Part.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:2091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:960 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§509. Exemptions
A. The following wells and holes are exempted from the
provisions of the rules, regulations and standards stated
herein:
1. saline-water wells associated with secondary
recovery operations;
2. brine wells;
3. oil and gas wells and holes;
4. injection wells;
5. geothermal and geopressured holes associated with
production of oil and gas; and
6. waste disposal wells.
B. Although the cited activities are not covered by R.S.
38:3094, they are not exempted or excepted by state law;
therefore, persons, firms, corporations or others dealing with
the cited activities should contact the appropriate regulating
agencies for further information and should take any and all
action necessary to protect the water resources of the state
from contamination. The exclusion of these activities from
these regulations does not in any way remove or establish
legal liability for health and safety hazards, contamination,
or pollution problems alleged to be caused by persons
engaged in the activities cited in Subsection A of this
Section.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:2091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:960 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005), LR
37:3530 (December 2011).
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§511. Licensing Requirements
A. State Act 715 of 1980 (R.S. 38:3098), as amended by
State Act 313 of 1984, requires that every person, firm or
corporation desiring to engage in the business of plugging
and abandoning wells or holes, excluding oil and gas wells,
in the state of Louisiana shall obtain a license from the
department in accordance with the rules and regulations
stated in LAC 46:LXXXIX.
B. Accordingly, plugging of abandoned water wells and
holes must be conducted by a qualified contractor who is
duly licensed by the department, with the following
exceptions.
1. Nothing in this Chapter shall prevent a person who
has not obtained a license, pursuant thereto, from plugging a
domestic water well on his own or leased property which is
his permanent residence, or was intended for use only for
watering livestock on his farm; however, that person shall
comply with all rules, regulations and standards for plugging
such wells or holes, including the submission of plugging
and abandonment forms.
2. In addition to the domestic wells referred to in
§511.B.1, a person may plug an abandoned well or hole on
his own or leased property provided that the person has the
required equipment and knowledge for properly plugging the
well or hole, in accordance with the rules, regulations, and
standards stated herein, to the satisfaction of the department,
and provided that the person has obtained departmental
approval for plugging the well or hole himself, and provided
that such approval is obtained prior to the beginning of the
plugging operation. The owner shall complete and submit a
Water Well Plugging and Abandonment Form (DNR-GW-2)
to the department within 30 calendar days after completion
of the plugging operation.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:960 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:911 (March 2011).
§513. Variance Requests
A. Because of variable hydrologic conditions,
differences in well construction, depth, and size, and the
irregular occurrence of saltwater sands, the rules, regulations
and standards stated herein cannot cover every possible
situation. For cases where compliance with the rules,
regulations, and standards stated in this Chapter is
impractical, the owner, engineer, or the water well contractor
may request a variance and/or clarification on methods
specified. Such requests shall be addressed to the department
as follows:
Louisiana Department of Natural Resources
Office of Conservation
P.O. Box 94275
Baton Rouge, LA 70804-9275
Phone: (225) 342-5562
B. The request must be in writing, must demonstrate that
compliance is impractical and must outline a satisfactory
alternative. The department may prescribe, in writing,
alternate requirements that are equivalent to the regulations
and standards stated herein relating to the protection of
aquifer and prevention of ground water contamination.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:960 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended Department of Natural Resources, Office of
Conservation, LR 37:911 (March 2011), LR 37:3531 (December
2011).
§515. Submission of Water Well Plugging and
Abandonment Forms (DNR-GW-2)
A. The contractor who plugs an abandoned well or hole
shall complete and submit to the department the original
copy of the Water Well Plugging and Abandonment Form
(DNR-GW-2) within 30 calendar days after the completion
of the work. The owner's copy shall be sent to the owner
immediately after completion of the work, and the contractor
shall retain the contractor's copy for his files. For reporting
purposes only, the department considers the work completed
when the work is accepted by the owner or when the
contractor has moved his equipment from the site;
whichever comes first. Acceptance by the owner or removal
of equipment from the site by the contractor does not imply,
in any way, acceptance or approval by the state of Louisiana.
The department, after inspection of the site and records
(refer to §523), can require the owner and/or the contractor
to do whatever additional work is necessary to properly plug
and seal a hole or well in accordance with the standards
stated herein. The expense for the additional work shall be
borne by the owner and/or the contractor, as the case may be.
B. For the purpose of reporting the plugging of
abandoned geotechnical boreholes, the drilling contractor
shall certify annually at license renewal time, that all
boreholes drilled by his firm have been plugged in
accordance with requirements of §531.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:2091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:960 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:911 (March 2011).
§516. Water Well Plugging and Abandonment Form
(DNR-GW-2)
A. The Water Well Plugging and Abandonment form
(DNR-GW-2) and detailed instructions for properly
completing the form are available by contacting department
staff at 225-342-8244 or by accessing the department’s
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website at www.dnr.louisiana.gov/gwater. Form DNR-GW-2
consists of a set of three copies.
1. The first copy (marked DNR copy) is to be mailed
by whoever plugs the well or hole within 30 calendar days
after plugging operations have been completed to:
Louisiana Department of Natural Resources
Office of Conservation
P.O. Box 94275
Baton Rouge, LA 70804-9275
B. In regard to the other copies of the form, the
following procedure shall be followed.
1. If the well is plugged by a water well contractor, he
shall retain the second copy of the completed form for his
files and shall give the third copy to the owner/lessee
immediately upon completion of the plugging operation.
2. If the well is plugged by the owner/lessee
(see §511), the second and third copies of the completed
form shall be retained by the owner/lessee for his files.
C. The commissioner will consider and encourages the
electronic submission of registration, data or reports required
under this Section.
D. The following explanation will provide clarification
of intent for selected items and uniformity of reporting.
1. Owner Information. List the name of the legal
owner of the property on which the well is located or the
person or company holding a long-term lease on the
property. If the owner or lessee is an individual, list first and
last names and middle initial of individual.
a. Address. The address should be that of the owner.
If the well is owned by an industry, the local address of the
firm is preferred in order that additional data on the well
may be easily obtained by the state or a regional water
district or commission.
b. Owner's Well Number. Many cities, institutions,
industrial plants, and large farms have their own systems of
designating or identifying wells by numbers and/or name.
This information is useful when locating the well and should
be entered on the form.
2. Well Location. List the parish where the well is
located, including the nearest town, city, etc., and give
directions to the well site. The location of the well should be
described in detail and as accurately as possible so that the
well can be easily located by the department's field
inspector. Please include a detailed map or sketch on the
back of the original form showing the location of the well
with reference to roads, railroads, building, etc. Use an (X)
to indicate location of the well. Show location of nearest
existing well(s), if any nearby, by making (O's) and
approximate distance between wells. Determine the well’s
Global Positioning System (GPS) location and record the
GPS longitude and latitude coordinates onto the form. For
rig-supply wells, attach a "registered" permit plat
(see §105.I) and for monitoring wells, complete spaces
provided for the section, township and range (see §105.J).
3. Well Information. Required data are available from
water well contractor's or engineer's report.
4. Plugging Procedure. Describe, in detail, the method
and materials used to plug the well or hole. Give amount of
cement, bentonite, and water used. Give any other useful
information, such as name of cementing company used, if
any, sounded depth, any obstructions or problems
encountered during plugging, size and length of casing
removed or left in hole, etc. If necessary, attach another
sheet or use reverse side of form to give details.
5. Remarks. Use this space to present any other
pertinent information. For example, if the present owner is
different than the person who had the well drilled, give the
name of the initial owner.
E. Certification that the work was performed in
accordance with applicable rules and regulations must be
signed and dated or the form will be returned for proper
completion.
F. If there are any questions, please call or write to:
Louisiana Department of Natural Resources
Office of Conservation
P.O. Box 94275
Baton Rouge, LA 70804-9275
Phone: (225) 342-5562
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
11:976 (October 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended by the Department of Natural
Resources, Office of Conservation, LR 37:911 (March 2011).
§517. Responsibility of the Owner
A. Unless specified otherwise in the rules and
regulations stated herein, it shall be the responsibility of the
owner to have an abandoned water well properly plugged
and sealed in accordance with methods and standards stated
in §531 within 90 calendar days after abandonment. If the
owner fails to plug an abandoned well within the 90-day
time period, enforcement procedures, as outlined in §519,
will be initiated by the department.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:2091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:961 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§519. Failure of the Owner to Plug an Abandoned
Water Well
A. When the owner fails to plug an abandoned water
well within the time period specified in §517, the
department, upon receiving information on the existence of
such well, will order the owner to plug the well within
30 calendar days after receipt of the order.
B. If the owner fails to comply within the 30-day time
period or does not offer, in writing, an acceptable alternative
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time interval for plugging the well, the owner will be
considered in violation of R.S. 38:3094, which permits a
civil penalty of not more than $1,000 a day for each day of
violation and for each act of violation.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:2091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:961 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§521. Responsibilities of the Contractor
A. The contractor who agrees to plug an abandoned well
or hole for the owner shall be fully responsible for plugging
the well or hole in accordance with the rules, regulations and
standards stated herein. He is also responsible for
completing and submitting a plugging and abandonment
form (DNR-GW-2) to the department within 30 calendar
days after completion of the plugging operation. The
contractor shall also be responsible for informing the owner
of the necessity of plugging and sealing any other water well
or hole on the property that may have been previously
abandoned or which may be abandoned in the future.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:961 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:912 (March 2011).
§523. Site Inspection by the Department
Representatives
A. The department may order, at any time, that the site of
an abandoned water well or hole be inspected by department
representatives to determine whether the work has been
satisfactorily completed in accordance with the standards
stated herein and as stated on the Water Well Plugging and
Abandonment Form (DNR-GW-2). The owner and/or the
contractor shall make all records available to the
representatives of the department and the owner shall allow
representatives to enter the property and visit the site(s).
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:961 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:912 (March 2011)..
§525. Availability of Water Well Data
A. The drilling and construction records for a water well
or test hole may be obtained from the owner, from the water
well contractor, and/or from the following:
Louisiana Department of Natural Resources
Office of Conservation
P.O. Box 94275
Baton Rouge, LA 70804-9275
Phone: (225) 342-8244
B. Reports and/or information on hydrology, geology,
the occurrence of saline water-bearing and fresh water-
bearing sands and quality of water may be obtained from the
above-named governmental agencies and/or the following:
Louisiana Geological Survey
3097 Energy, Coastal and Environmental Bldg.
Louisiana State University
Baton Rouge, LA 70803
C. Information on monitoring wells may be obtained
from the owner, the water well contractor, the engineer, the
Department of Natural Resources, as listed above, and/or
from the following agency:
Department of Environmental Quality
Galvez Bldg.
602 North Fifth Street
Baton Rouge, LA 70802
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:961 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:912 (March 2011), LR 37:3531 (December
2011).
§527. Regulations for Determining Status of Wells or
Holes and for Determining Plugging
Responsibility
A. Following are the regulations for determining the
status of a drilled, bored, cored, augered or driven water well
or hole and for determining the party responsible for
plugging abandoned wells and holes.
1. Active Status. A well is considered to be active if it
is an operating well used to supply water.
2. Standby Status. A well is considered to be standby
if it is used in emergencies or occasionally used to supply
water.
3. Inactive Status. A well is considered to be inactive
if it is not presently operating but is maintained in such a
way that it can be put back in operation, with a minimum of
effort, to supply water. Before a well can be put in inactive
status, the owner shall present evidence to the department as
to the condition of the well and as to his intentions to use the
well in the future, as well as obtaining the department's
written approval. As evidence of intentions, the owner shall
be responsible for properly maintaining the well in such a
way that:
a. the well and the annular space between the hole
and casing shall have no defects that will permit the seepage
of surface water into the well;
b. the well is clearly marked and is not a safety
hazard;
c. the well is adequately capped in such a manner as
to prevent easy entry by other than the owner;
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Louisiana Administrative Code March 2013
27
d. the area surrounding the well is kept clear of
waste and debris;
e. if the pump and/or motor have been removed for
repair, replacement, etc., the well is adequately capped to
prevent injury to people and to prevent the entrance of any
contaminant or other objectionable material;
f. the well is not used for disposal or injection of
trash, garbage, sewage, waste water and/or storm runoff; and
g. the well is easily accessible for routine
maintenance and periodic inspection.
4. Abandoned Wells. A well is considered to be
abandoned if its use has been permanently discontinued; its
pumping equipment has been permanently removed; the well
is in such a state of disrepair that it cannot be used to supply
water and/or has the potential for transmitting surface
contaminants into an aquifer; the well poses potential health
or safety hazards, or the well is in such a condition that
cannot be placed in the active, standby or inactive status.
The owner of an abandoned well shall be responsible for
plugging such a well in accordance with methods and
standards stated in §531, within 90 calendar days from the
initial date of abandonment. If the owner fails to plug an
abandoned well within the 90-day time period, enforcement
procedures, as outlined in §519, will be initiated by the
department.
5. Abandoned Rig-Supply Water Wells
a. A water well drilled at an oil or gas drilling site
to supply water for drilling activities shall be considered an
abandoned well immediately after the termination of the oil
or gas drilling-operations and removal of the rig from the
site. The company in charge of the drilling of the oil or gas
well (lessee) shall be responsible for plugging the abandoned
water well, in accordance with §531, within 30 calendar
days after the termination of oil or gas drilling operations
and removal of the rig from the site.
b. If the ownership of the water well is to be
conveyed to the landowner in lieu of plugging and
abandoning the well, the well must conform to the
requirements for active or inactive status. The ownership
transfer must be made through a legal document advising the
landowner of his responsibilities and obligations to properly
maintain the well, including the proper plugging of the well
when it is abandoned and no longer needed for water
production activities. The company (lessee) shall provide the
department with a copy of the transfer document within
30 calendar days after the transfer of the ownership. Upon
receiving the document, the department will send a letter to
the new owner requesting well use information and advising
him/her of the appropriate regulations. The owner is required
to respond within 30 calendar days, stating intended use and
requesting an appropriate status, as outlined in §527.
6. Observation Wells. A well is considered to be an
observation well if it is used by the owner, by governmental
agencies, or by an appropriate engineering or research
organization to obtain information on the water resources of
an area. Observation wells shall be covered with an
appropriate cap or cover to prevent unauthorized use or entry
and to prevent entry of contaminants. It shall be the
responsibility of the owner, organization or agency making
the observations to prevent entry of any foreign materials or
water into observation wells and to keep the surrounding
area clear of waste, water, debris and other materials.
7. A well shall not be used for any injection or
recharge studies until a permit is obtained in accordance
with existing orders rules and regulations of the Department
of Natural Resources, Office of Conservation.
8. An inactive water well may be used as an
observation well; however, when it is no longer needed for
observation purposes and the owner does not intend to
convert it to an active status, the well shall be considered
abandoned. The owner shall be responsible for plugging the
abandoned well in accordance with Methods and Standards,
stated in §531, within 90 calendar days after abandonment,
unless agreement with the agency or organization which
used the well for observation clearly delegates the plugging
responsibility to the agency or organization.
9. A well constructed solely for observation purposes
by an owner, a governmental agency, or an engineering or
research organization, must be converted to an active,
inactive or standby status when no longer needed for
observation purposes, otherwise it shall be considered
abandoned. It shall be the responsibility of the owner,
agency or organization who installed the well to plug the
abandoned well in accordance with methods and standards,
stated in §531, within 90 calendar days after abandonment.
10. Abandoned Pilot Holes and Test Holes
a. A pilot hole, drilled with the intent to install
casing and produce water, shall be considered an abandoned
hole immediately after the termination of the drilling
operations if the hole is not cased and/or a well is not
developed or constructed. It shall be the water-well
contractor's responsibility to plug the abandoned hole, in
accordance with §531, within 30 calendar days after the
termination of the drilling operations.
b. A test hole, drilled to obtain geologic, hydrologic
and water-quality data shall be considered an abandoned
hole immediately after the completion of all testing
operations. The agency or the contractor in charge of the
exploratory work is responsible for plugging the abandoned
hole in accordance with §531, within 30 calendar days after
the termination of drilling operations.
11. Abandoned Geotechnical Boreholes. A hole,
drilled, bored, cored or augered to obtain soil samples to be
analyzed for chemical and/or physical properties shall be
considered abandoned immediately after the completion of
the drilling and sampling operations. It shall be the drilling
contractor's responsibility to plug the abandoned hole in
accordance with methods and standards stated in §531
within 30 calendar days after the termination of drilling and
sampling operations.
12. Abandoned Heat Pump Holes (Closed Loop
System). A hole drilled to install piping for an earth-coupled
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water source heat system shall be considered an abandoned
hole if the piping is not installed and/or the hole is not
plugged by the drilling contractor in accordance with
methods and standards, stated in §531, within 30 calendar
days after completion of drilling operations. It shall be the
drilling contractor's responsibility to plug the abandoned
hole in accordance with methods and standards, stated in
§531, within 30 calendar days after the hole is considered
abandoned.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:2091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:961 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§529. Plugging and Filler Materials
A. Plugging Material
1. It is recognized that no material is completely
impervious; however, experience and tests have shown that
cement-bentonite slurry has a low permeability, good sealing
properties, and low shrinkage factor, so as to be preferred for
use when plugging an abandoned water well or hole.
Cement-bentonite slurry is a mixture of cement, bentonite,
and water, consisting of not more than 8 percent bentonite
by dry weight of the cement and a maximum of 10 gallons
of water per sack (94 pounds) of cement. Additives, in the
approved and proper ratio, may be added to the slurry, if
required. If the slurry is to be prepared in the field it is
recommended that the bentonite be added after cement and
water are thoroughly mixed.
2. Neat cement, which is a mixture of cement and
water, consisting of not more than 5 gallons of water per
sack (94 pounds) of cement, may be used as plugging
material in lieu of cement-bentonite slurry.
3. When permitted by the methods and standards
stated in §531, heavy drilling mud or bentonite slurry,
weighing not less than 9 pounds per gallon, may be used as
plugging material. The plugging material shall be free of
foreign and organic additives.
B. Filler Material. When permitted by the methods and
standards stated in §531, heavy drilling mud or bentonite
slurry, weighing not less than 9 pounds per gallon, coarse
ground bentonite or clean sand may be used as filler
material. The filler material shall be free of foreign and
organic additives.
C. Calculations to Verify Adequacy of Plugging
Materials. To assure 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 shall be made by the
contractor to determine whether the volume of the material
placed in the well or hole at least equals the volume of the
casing or hole plugged and/or filled. When bridge plugs are
used, sufficient time shall be allowed for the material to set.
Any measurements and calculations made in setting and
verifying the location of the plug shall be made available to
the department upon request. The department shall be solely
responsible for determining whether a well or hole is
satisfactorily plugged or sealed.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:2091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:962 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§531. Methods and Standards for Plugging Abandoned
Water Wells and Holes
A. The following methods and standards shall be used
for the plugging of abandoned water wells and holes. If there
is a need for variance from these regulations and/or
clarification is required, departmental approval shall be
obtained in writing, before the plugging operation is begun.
For variance requests, refer to §513.
B. Methods and Standards for Plugging Abandoned
Water Wells. The following methods and standards shall
apply to all abandoned water wells, regardless of use or type.
C. Removal of Obstructions from the Well. Before the
plugging operation is begun, the drilling and construction
records for the well should be obtained and studied (see
§525). An investigation of the well shall be made to
determine if there is any obstruction in the well that would
interfere with the plugging operation. Any obstruction in the
well shall be removed, using an acceptable method, before
initiating the plugging operation.
D. Cutting off the Top of the Casing. In areas subject to
subsidence and/or farming, the top of the casing shall be cut
off a minimum of 3 feet below the surface of the ground
before plugging operation begins. After filling the well with
cement-bentonite slurry, the excavation above the top of the
cement plug shall be filled with compacted soil to minimize
future hazards to farming equipment, etc. In other areas, the
top of the casing shall be cut off at or below the ground
surface. Under no circumstances shall the top of the casing
protrude above the surface of ground.
E. Plugging Material for the Screen. The screen or the
area opposite the production aquifer (as in open hole
construction) may be filled with filler materials specified in
§529.B in lieu of cement-bentonite slurry.
F. Plugging Method. The entire well shall be plugged
with cement-bentonite slurry from bottom of the well up to
the ground surface using the pump-down method, preferably
in one continuous operation. Placement of plugging material
by pouring or dropping through the water shall not be
permitted.
G. Annular Space. If the annular space of the abandoned
well is not already sealed, the plugging material shall be
brought up to the surface and allowed to spill over the top of
the casing and into the annulus, sealing the annular space
between the casing and the borehole. If the annular space is
already sealed, the plugging material shall be brought up to
the ground surface, unless specified otherwise.
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H. Temporary Shut Down. When plugging of an
abandoned water well or hole is temporarily suspended, such
as overnight shut down or awaiting material, the well or hole
shall be covered and the immediate area conspicuously
marked to protect and warn the public. The cover shall be
sufficiently strong and anchored to prevent easy or
unintentional entry. The well or hole shall be sealed to
prevent the seepage of surface water and foreign material
into the well or hole.
I. Areas of Confirmed Contamination. In areas of
confirmed ground water or soil contamination, the entire
well shall be plugged with cement-bentonite slurry. The
annular space of the well, if not already sealed, shall be
sealed by perforating or ripping the casing and forcing
cement-bentonite slurry under pressure into the annular
space and surrounding formation to prevent the entry of
contaminated fluids into an aquifer and to prevent the
movement of water from one aquifer to another.
J. Areas of Potential Contamination. In areas of
potential ground water or soil contamination, the entire well
shall be plugged with cement-bentonite slurry. It is
recommended that the annular space of the well, if not
already sealed, be perforated or ripped and cement-bentonite
slurry forced under pressure into the annular space and
surrounding formation to safeguard against any possible
entry of contaminated fluids into an aquifer and to prevent
the movement of water from one aquifer to another.
K. Plugging of Abandoned Water Well from Which
Some or All of the Casing Has Been Removed
1. If the casing remaining is in the upper part of the
well, the well shall be sounded to determine the amount, if
any, of "cave in." The part of the hole filled with "cave in"
material shall be reamed or drilled out of the original depth
of the well and then the entire hole shall be plugged with
cement-bentonite slurry from the bottom, up to the ground
surface, using the pump-down method.
2. If the casing (including the screen) remaining is in
the lower part of the well, the well and hole shall be
completely filled with cement-bentonite slurry from the
bottom up to the ground surface, using the pump-down
method.
3. If all the casing and screen is removed, the hole for
the entire original depth of the well shall be plugged with
cement-bentonite slurry from the bottom, up to the ground
surface, using the pumpdown method.
L. Plugging of Abandoned Monitoring Wells. The entire
well shall be plugged with cement-bentonite slurry from
bottom of the well, up to the ground surface, using the
pump-down method.
NOTE: Plugging of abandoned monitoring wells associated
with facilities regulated by the Department of Environmental
Quality (DEQ) require approval from DEQ prior to actual
plugging.
M. Plugging of Abandoned Dug or Augered Wells.
Domestic dug or augered wells shall be plugged from
bottom of the well up to the ground surface with cement-
bentonite slurry or with local fill material such as silt, sand,
clay, native soil, or a mixture thereof. If local fill material is
used, it should be allowed to settle, and then permanently
capped with cement or compacted clay.
N. Plugging of Abandoned Holes. If the hole penetrates
an aquifer containing saline water, the entire hole shall be
plugged with cement-bentonite slurry from bottom of the
hole, up to the ground surface using the pump-down method;
otherwise, the hole shall be plugged in accordance with
§531.O.-R.2
O. Plugging of Abandoned Pilot Holes
1. The entire hole shall be plugged with cement-
bentonite slurry from bottom of the hole, up to the ground
surface, using the pumpdown method.
NOTE: If an aquifer (see §113.A for definitions) is not
penetrated, the hole shall be plugged with either cement-
bentonite slurry or bentonite slurry from bottom of the hole,
up to a depth of 25 feet below the ground surface and then the
upper 25 feet of the hole shall be plugged with cement-
bentonite slurry, using the pump-down method.
P. Plugging of Abandoned Test Holes. An abandoned
test hole shall be plugged with cement-bentonite slurry from
bottom of the hole, up to the ground surface, using the
pump-down method. If the casing cannot be removed, in
addition to plugging the entire casing with cement-bentonite
slurry, the annular space must also be cemented as per
requirements of §527 or as approved by the department.
Q. Plugging of Abandoned Geotechnical Boreholes
1. The entire hole shall be plugged with cement-
bentonite slurry from bottom of the hole, up to the ground
surface, using the pumpdown method; or
2. The hole shall be plugged with bentonite slurry
from bottom of the hole, up to a depth of 25 feet below the
ground surface and then the upper 25 feet of the hole shall
be plugged with cement-bentonite slurry, using the pump-
down method.
3. For boreholes of 25 feet or less, drill cuttings from
the original hole may be used to plug the hole in lieu of
cement-bentonite slurry, provided that an aquifer is not
penetrated and provided that a concrete cylinder is pushed
into the hole to form a permanent seal at the ground surface.
NOTE: Plugging of geotechnical borehole associated with
facilities regulated by the Department of Environmental
Quality (DEQ) require approval from that department prior to
actual plugging.
R. Plugging of Heat Pump Holes (Closed Loop System)
1. The entire hole shall be plugged with cement-
bentonite slurry from bottom of the hole, up to the bottom of
the horizontal trench, using the pump-down method; or
2. The hole shall be plugged with bentonite slurry
from bottom of the hole, up to a depth of 25 feet below the
bottom of the horizontal trench and then the upper 25 feet of
the hole shall be plugged with cement-bentonite slurry, using
the pump-down method.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3091-R.S. 38:3097.
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HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:963 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:913 (March 2011).
§533. Enforcement Actions
A. Provisions addressing enforcement of this Chapter
appear in R.S. 38:3097.3, as follows:
1. Whoever knowingly and willingly violates a
provision of this Chapter, or a rule, regulation or order of the
director or a board hereunder, shall be subject to a civil
penalty of not more than $1,000 a day for each day of
violation and for each act of violation if a penalty for the
violation is not otherwise provided in this Chapter.
a. The place of suit to recover this penalty shall be
selected by the director or board, as may be appropriate, in
the district court of the parish in which any one of the
defendants resides, or in the district court of the parish where
the violation took place.
b. Suit shall be at the discretion of the director or
board as may be appropriate and shall be instituted and
conducted in his or its name by the attorney general or by
the district attorney of the district under the direction of the
attorney general.
2. Whoever knowingly and willfully aids or abets a
person in the violation of a provision of this Chapter, or in
any rule, regulation or order made hereunder shall be subject
to the same penalties provided herein for the principal
violator.
B. Falsification of Documents. Falsification of
documents to evade regulations, as well as penalties for said
falsifications, appears in R.S. 38:3095 as follows.
1. No person shall, for the purpose of evading this
Chapter or any rule, regulation or order made thereunder:
a. make, or cause to be made, any false entry or
statement of fact in any report required to be made by this
Chapter, or by any rule, regulation or order made hereunder;
or
b. make, or cause to be made, any false entry in an
account, record or memorandum kept by any person in
connection with the provisions of this Chapter or of any rule,
regulations or order made thereunder; or
c. remove out of the jurisdiction of the state or
destroy or mutilate, alter, or by any other means, falsify any
book, record, or of the paper pertaining to the matters
regulated by this Chapter, or by any rule, regulation or order
made thereunder.
2. Whoever violates this Subsection shall be fined not
more than $5,000 or imprisoned not more than six months or
both.
3. The penalty provision for falsification of
documents required under the provisions of this Chapter are
therefore criminal in nature and will be enforced through the
district attorney having jurisdiction where said violation
occurs. It should also be noted that utilization of the United
States Mail in the falsification of documents constitutes a
violation of Title 18 of the United States Code (Mail Fraud),
and such violations will be referred to the appropriate United
States attorney.
C. Appeals. An alleged violator may appeal any order of
the department by requesting a hearing. The hearing request
must be made to the department, in writing within
30 calendar days of the original order and must be sent by
"Certified Mail/Return Receipt Requested". After receiving
the request, the department will arrange a hearing to
determine what other remedial action will serve to effect
compliance with the rules and regulations.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:2091-R.S. 38:3097.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:964 (October 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005),
amended by the Department of Natural Resources, Office of
Conservation, LR 37:3531 (December 2011).
Chapter 7. Installing Control Devices
on Free Flowing Water Wells
§701. Authorization
A. As announced in the October 1985 issue of the
Louisiana Register, the rules and regulations, stated herein,
were prepared by the Louisiana Department of
Transportation and Development, Office of Public Works, in
accordance with R.S. 38:3094(7)(A). Effective January 1,
2010, in accordance with Act 437 of 2009, The Department
of Natural Resources, Office of Conservation, hereafter
referred to as “department,” is responsible for registering
water wells and holes in Louisiana.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3094.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
11:964 (October 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended by the Department of Natural
Resources, Office of Conservation, LR 37:913 (March 2011), LR
37:3531 (December 2011).
§703. Purpose
A. The purpose of the rules and regulations, stated
herein, is to conserve the ground water resources of the state
by requiring that the owner install control devices on free
flowing water wells (for glossary of terms, refer to §113.A of
this Chapter) the owner shall install a flow control device on
each free flowing water well in accordance with the rules
and regulations stated in this Section.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3094.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
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Louisiana Administrative Code March 2013
31
11:964 (October 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended by the Department of Natural
Resources, Office of Conservation, LR 37:3531 (December 2011).
§705. General Rules and Regulations
A. The rules and regulations, stated herein, apply to all
free flowing water wells. A free flowing well is an artesian
well which is allowed to flow, under natural conditions, at or
above the land surface.
B. Exemptions. The following water wells are exempt
from the provisions of this Chapter:
1. free flowing water wells in existence prior to
January 1, 2012; however, wells reworked after January 1,
2012 shall not be exempt;
2. water wells producing saline water in connection
with oil and gas production.
C. Wells In a State of Disrepair or Nonuse. If a water
well is in such a state of disrepair that it cannot be used and
a control device cannot be installed, it shall be considered
abandoned and shall be plugged by the owner in accordance
with the provisions of Chapter 5 of this Part, entitled "Rules,
Regulations and Standards for Plugging Abandoned Water
Wells and Holes."
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3094.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
11:965 (October 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended by the Department of Natural
Resources, Office of Conservation, LR 37:3531 (December 2011).
§707. Responsibility of the Owner
A. The owner shall be the party responsible for installing
a flow control device on each free flowing water well.
B. The owner shall allow representatives of the
department to enter the property and visit the well site to
verify the installation of a control device, or inspect the
completed work.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3094.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
11:965 (October 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended by the Department of Natural
Resources, Office of Conservation, LR 37:3532 (December 2011).
§709. Responsibility of the Department
A. At the request of a parish police jury or other
governmental entity, the department may make a survey to
locate and report on the location of free flowing water wells.
B. The department may enter into a financial cooperative
agreement with the parish police jury or other governmental
entity to have control devices installed on those free flowing
water wells which produce over 25,000 gallons per day.
C. The department shall, in no way, be held responsible
for a well "sanding up" or failing to yield water after a
control device is installed on the well.
D. The department, upon receiving information on the
existence of a free flowing water well, shall proceed as
follows:
1. if a control device is required, the department will
issue an order to the owner to require the installation of a
control device on the well within 90 calendar days from the
date of the said order. When the installation of the control
device is completed, the owner shall apprise the department,
in writing, within 30 calendar days after completion of work.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3094.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
11:965 (October 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended by the Department of Natural
Resources, Office of Conservation, LR 37:3532 (December 2011).
§711. Failure of Responsible Party to Install a Control
Device
A. If the owner fails to comply with the department's
order concerning installation of a control device within the
90-day time period or does not offer, in writing, an
acceptable alternative time interval for installing such a
device, the owner will be considered in violation of R.S.
38:3094(A)(7), which permits a civil penalty of not more
than $1,000 a day for each day of violation and for each act
of violation.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3094.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
11:965 (October 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§713. Enforcement Actions
A. Provisions addressing enforcement of this Chapter
appear in Louisiana Revised Statute 38:3096, as follows.
1. Whoever knowingly and willfully violates a
provision of this Section, or a rule, regulation, or order of the
director or a board hereunder, shall be subject to a civil
penalty of not more than $1,000 a day for each day of
violation and for each act of violation, if a penalty for the
violation is not otherwise provided in this Section.
a. The place of suit to recover this penalty shall be
selected by the director or board, as may be appropriate, in
the district court of the parish of the residence of any one of
the defendants, or in the district court of the parish where the
violation took place.
b. Suit shall be at the direction of the director or
board, as may be appropriate, and shall be instituted and
conducted in his or its name by the attorney general or by
the district attorney of the district under the direction of the
attorney general.
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c. Whoever knowingly and willfully aids or abets a
person in the violation of a provision of this section, or in
any rule, regulation, or order made hereunder, shall be
subject to the same penalties provided herein for the
principal violator.
B. Falsification of Documents. Falsification of
documents to evade regulations, as well as penalties for said
falsifications, appears in R.S. 38:3095 as follows.
1. No person shall for the purpose of evading this
Chapter, or any rule, regulation, or order made thereunder:
a. make or cause to be made any false entry or
statement of fact in any report required to be made by this
Chapter or by any rule, regulation, or order made hereunder;
or
b. make or cause to be made false entry in an
account, record, or memorandum kept by any person in
connection with the provisions of this Chapter or of any rule,
regulation, or order made thereunder; or
c. remove out of the jurisdiction of the state, or
destroy or mutilate, alter, or by any other means falsify any
book, record, or other paper pertaining to the matters
regulated by this Chapter or by any rule, regulation, or order
made thereunder.
2. Whoever violates this Section shall be fined not
more than $5,000 or imprisoned not more than six months or
both.
3. The penalty provisions for falsification of
documents required under the provisions of this Chapter are
therefore criminal in nature and will be enforced through the
district attorney having jurisdiction where said violation
occurs. It should also be noted that utilization of the United
States Mail in the falsification of documents constitutes a
violation of Title 18 of the United States Code (Mail Fraud),
and such violations will be referred to the appropriate United
States attorney.
C. Appeals. An alleged violator may appeal any order of
the department by requesting a hearing. The hearing request
must be made to the department, in writing, within
30 calendar days of the original order and must be sent by
"Certified Mail-Return Receipt Requested". After receiving
the request, the department will arrange a hearing to
determine what other remedial action will serve to effect
compliance with the rules and regulations.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3094.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
11:965 (October 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
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33
Title 56
PUBLIC WORKS
Part III. Flood Control and Water Management
Subpart 1. Water Resources and Flood Control
Chapter 1. Funding of Water
Resources
Subchapter A. Priorities for Funding
of Water Resources Projects
§101. Purpose of Rule
A. This rule establishes procedures by which
governmental entities may nominate water supply and water
pollution control projects for priority of funding through
specific legislative appropriation for the purposes indicated
in R.S. 38:32B(11). The rule also defines the procedures by
which the Office of Public Works (OPW) shall rank in
priority order of funding the various projects nominated by
governmental entities, based on the recommendations
(Regional Reports) of the state's eight regional planning
commissions. OPW shall submit an annual report of this
recommended project priority ranking to the governor, the
house Committee on Transportation, Highways and Public
Works and the senate Committee on Transportation,
Highways and Public Works, and the Joint Legislative
Committee on the Budget by January 15 of each calendar
year.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:883 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§103. Definitions
A. The following terms shall have the meanings ascribed
to them in this rule.
Annual Report―the report submitted by January 15 of
each calendar year by the Office of Public Works to the
governor and committees of the legislature pursuant to the
requirements of R.S. 38:34, which report contains a ranking
in priority order for funding the various water resources
projects of governmental entities based on the
recommendations (Regional Reports) of the state's eight
regional planning commissions.
Construction―entering into a contract for erection or
physical placement of materials, piping, earthwork or
buildings which constitute a project as defined in these
regulations.
Entity―any municipality, parish, special district or
other political subdivision or combination thereof having the
authority to own and operate a project.
Fiscal Year―the state fiscal year during which priority
of funding is recommended for projects in the annual report
by the Office of Public Works. Fiscal year refers to the time
period beginning on the July 1 following the date on which
an annual report is submitted, and ending on June 30 of the
following calendar year.
OPW―the Office of Public Works of the Department of
Transportation and Development.
Planning Commission―one of the state's eight regional
planning commissions created pursuant to the authorization
provided in Subpart C of Part IV of Chapter 1 of Title 33 of
the Louisiana Revised Statutes of 1950.
Project―
a. any engineering undertaking or work to conserve
and develop surface or subsurface water resources of the
state for any useful and lawful purpose by the acquisition,
improvement, extension, or construction of water storage
projects and filtration and treatment plants;
b. any system necessary to distribute water from
storage to points of distribution or filtration and treatment
plants;
c. any facility for the distribution of water from
storage or filtration and treatment plants to wholesale or
retail purchasers;
d. any sewerage system to improve or develop
sewage treatment, collection, or distribution capabilities
consistent with provisions of R.S. 38:32.
Regional Report―the report submitted by September 16
of each year by each of the state's eight regional planning
commissions to the Office of Public Works, which report
contains a list of projects recommended for funding during
the fiscal year beginning on the following July 1, and which
report ranks in order of priority those projects needing and
deserving of project funding.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:883 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
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Louisiana Administrative Code March 2013
34
§105. Priority Policy
A. It is intended that the project priority evaluation and
rating system provided for in this rule shall support the
objective of the Louisiana Water Resources Program to
provide an adequate and safe supply of water to Louisiana
users through a policy and program addressing the short
term and long term availability of and need for water. The
priority system is to be used to allocate scarce state
resources to the most worthy projects, and thereby assist
entities in obtaining for their constituencies needed water
supply and water pollution control facilities.
B. The provision of assistance by the state is not
intended to supplant any responsibilities delegated to entities
for the construction, operation and maintenance of water
supply and water pollution control facilities. It is expected
that entities shall continue to provide such facilities where
needed and to pay for them to the extent of their capabilities.
State assistance is intended as a source of funds for projects
which otherwise lack sufficient local, federal and private
funding, and as an incentive to provide water resource
facilities needed to achieve statewide water resources
program objectives.
C. Entities sponsoring projects are expected to seek and
use federal grant assistance for project construction to the
fullest extent such funds are available or expected to become
available. It is specifically intended that priority funds shall
not pay project cost share eligible for payment through
federal grant assistance programs.
D. Entities are expected to finance water supply and
sewerage projects without capital outlay assistance from the
state to the extent of their capabilities. Entities should use ad
valorem taxes, revenues generated from the project and
private donations to obtain an optimum level of capital funds
from local sources. The maximum level of state grant
assistance under the program is 25 percent of the project
construction costs.
E. The priority system is intended to achieve an
equitable and fair distribution of any available funds
considering needs of the area to be served by projects and
the benefits to be realized in comparison to the needs of
other areas requesting assistance. Past and present effort by
entities to limit waste and conserve water are considered in
priority assessment.
F. Entities may not obtain priority for funding of
projects which provide facilities that over extend technical
and financial capability to operate and maintain properly.
Priority based on need shall not accrue to an entity because
of negligence in the operation and maintenance of existing
facilities, or failure to control wastage through appropriate
water conservation measures such as consumer metering,
leak control, etc.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:883 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§107. Eligible Sponsors of Projects
A.. Any entity may request that one or more projects be
considered and ranked in priority order by the planning
commission having jurisdiction.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:883 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§109. Annual Report
A. By not later than January 15 of each calendar year,
OPW shall prepare an annual report to the governor, the
house Committee on transportation, Highways and Public
Works, and the Joint Legislative Committee on the Budget.
The annual report shall contain a list of projects ranked in
priority order of funding, a statement of project needs and
benefits and the rationale for priority ranking.
B. The list of projects ranked in priority order shall be
based on the priority ranking system described in these
regulations, and the regional reports received each year from
the planning commissions.
C. The prospective time period during which the annual
report requests priority of funding for the various projects
listed therein is during the state fiscal year which begins on
the July 1 following the annual report filing date.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:883 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§111. Regional Reports
A. Upon notification by OPW, the planning commissions
shall prepare and submit to OPW by September 16 of each
year a regional report. The regional report shall contain a list
of projects located within the jurisdiction of the planning
commission ranked in the priority order of funding
recommended by the commission along with application
forms and supporting documents for each project listed in
the regional report.
B. On or about March 1 of each year, each planning
commission shall solicit project proposals (applications)
from entities within the planning commission's area of
jurisdiction, and establish deadlines for the receipt of
applications and supporting documents for projects to be
included in the current regional report.
C. Planning commissions shall return to applicant
entities any incomplete or incorrect project applications.
Planning commissions may defer listing in the regional
report any projects with inadequate application information.
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Louisiana Administrative Code March 2013
35
D. Projects in the regional report shall be ranked by the
planning commission in the order of priority of funding
recommended by the commission beginning with the project
most needing and deserving of funding. Comparative
ranking of projects by the planning commission shall be
according to the priority system described in these
regulations using guidelines acceptable to and approved by
OPW.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:884 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§113. Projects Eligible for Priority of Funding
A. All projects in the Annual Report of OPW are eligible
for priority of funding during the subject fiscal year
depending upon the amount of funds, if any, which may be
appropriated for the purpose.
B. Projects properly included and ranked in a regional
report may be included in an annual report and thus be
eligible for priority of funding.
C. A project eligible for priority of funding may be a part
or phase of a multi-part construction program extending
several years into the future. Each project (phase) for which
priority of funding is requested must be able to provide the
benefits claimed in the application.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:884 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§115. Projects Excluded from Priority of Funding
A. The following projects are not eligible for inclusion in
an annual report:
1. projects eligible for funding under the Hazardous
Waste "Superfund" Program;
2. projects eligible for funding under the Statewide
Flood Control Program;
3. projects listed in a previous Annual Report and for
which a state grant under the provisions of Act 625 of 1983
has already been offered;
4. projects for which there is an incomplete or
incorrect application including supporting documents;
5. projects which are not included in a regional report
of a regional planning commission.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:884 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§117. Project Costs Eligible for Priority Funding
A. The following project costs are eligible for priority of
funding in the annual report:
1. project costs related to the achievement of the water
resource management purposes for which priority ranking is
established in the annual report;
2. the construction costs of a project including
architectural and engineering costs for preparing
construction plans and specifications;
3. the cost of acquiring land necessary to construct a
project. The state of Louisiana shall receive a lien against the
proceeds of any subsequent sale of land so acquired in an
amount equal to the percent of state cost-share at purchase.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:884 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§119. Project Costs Not Eligible for Priority Funding
A. The following costs are not eligible for priority
funding:
1. construction costs for facilities not needed to
achieve the water resources management purposes for which
priority ranking is established in the annual report;
2. operation and maintenance costs, ordinary repairs,
laboratory services and facilities planning.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:884 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§121. Applications for Priority of Funding
A. Entities desiring priority of funding for proposed
projects may file requests with the planning commission in
whose area of jurisdiction an applicant entity is located (see
following list). The annual filing deadline with the regional
planning commissions is June 30. The application for each
project should be on a form and in the format approved by
OPW, and shall contain all of the essential information
prescribed in program guidelines and procedures published
by OPW.
The Eight Regional Planning Commissions and
the Parishes within the Respective Geographic Areas
District Number 1: New Orleans Regional Planning Commission
Jefferson
St. Tammany
St. Bernard
Orleans
Plaquemines
District Number 2: Capital Economic Development District Council,
Inc. and Capital Regional Planning Commission
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Louisiana Administrative Code March 2013
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The Eight Regional Planning Commissions and
the Parishes within the Respective Geographic Areas
Ascension
East Baton Rouge
East Feliciana
Iberville
Livingston
West Feliciana
Pointe Coupee
St. Helena
Tangipahoa
Washington
West Baton Rouge
District Number 3: South Central Planning and Development
Commission
Assumption
Lafourche
St. Charles
St. James
St. John the Baptist
Terrebonne
District Number 4: Evangeline Economic and Planning District
Council, Inc.
Evangeline
Lafayette
St. Martin
St. Mary
St. Landry
Vermilion
Acadia
Iberia
District Number 5: Imperial Calcasieu Regional Planning and
Development Commission
Allen
Beauregard
Calcasieu
Cameron
Jefferson Davis
District Number 6: Kisatchie-Delta Regional Planning and
Development District
Winn
Grant
LaSalle
Rapides
Vernon
Concordia
Catahoula
Avoyelles
District Number 7: The Coordinating and Development Corporation
Bienville
Bossier
Caddo
Claiborne
DeSoto
Lincoln
Natchitoches
Red River
Webster
Sabine
District Number 8: North Delta Regional Planning and Development
District, Inc.
Caldwell
East Carroll
Franklin
Jackson
Madison
Morehouse
Ouachita
Richland
Tensas
Union
West Carroll
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:884 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
Subchapter B. Project Priority
Ranking System
§123. General Overview
A. The following procedures shall be used by the Office
of Public Works and the Regional Planning Commissions to
rank projects in descending order of priority. Priority rank
will be determined by the numerical value of points assessed
to each project according to the urgency of need (base value)
with additional priority value points added thereto for
comparative benefits to be realized, the ability of the entity
sponsor to finance without capital assistance, economic
needs and other considerations in the project area, past
measures by the entity to limit waste and conserve water,
and the relationship and consistency of the project to the
state's policy for water resources management.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:885 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§125. Base Priority Value
A. Each project for which a request for priority is
received by a planning commission is given a base priority
point value depending on the urgency of need. Situations
involving an acute and serious threat to community health
and safety shall receive highest base point numerical values.
The table shall be used for determining the base priority
point value of each project.
Base Priority Value Table*
Order
of
Need
Project
Priority
Value
Points
1st
Immediate and Substantial Hazards in
Community Drinking Water Systems:
a. Quality Hazards [Acute and Serious
exceedance of the maximum contaminant
level (MCL), or structural defect which
cause immediate jeopardy of serious MCL
violations, such as bacteria, heavy metals
and organic toxins, but not slight exceedance
of fluoride, chloride and dissolved solids
MCLs]
4 to 4.9
b. Quantity Hazards [acute and serious drinking
water shortages endangering health of
community].
3 to 3.9
2nd
Immediate Community Needs [Water Supply or
sewerage facilities to correct an existing water
quality standards violation or high risk of system
failure]
2 to 2.9
3rd
Short Range Community Needs [Water Supply
or sewerage facilities for community
development]
1.5 to
1.9
4th
Long Range Water Resources Projects [Flow
augmentation, aquifer recharge, impoundments,
land treatment, barriers, etc.]
1 to 1.4
*Complete details available upon request from the Office of Public
Works.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:885 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§127. Priority Value Points for Comparative Benefits
A. To the base priority value indicated for each project
according to the preceding table is added additional
numerical value for each of the following purposes:
1. an amount not to exceed 1.0 in value, representing
the ratio of persons benefitted directly by the project per
$100 of total project cost (including federal grant cost share,
if any). This additive value factor encourages projects with
the greatest public benefit;
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Louisiana Administrative Code March 2013
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2. a bonus in the amount of 10 times the decimal
value by which the federal, local and other non-state shares
of the project cost exceed 75 percent of the total project
construction costs. For example, a project with 90 percent
federal and local funding would receive a bonus of 10 x
(0.90 - 0.75) = 1.5 points. This bonus encourages and
rewards a maximum use of available federal, entity and
private funding resources.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:885 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§129. Priority Value Points to "Needing and
Deserving" Projects
A. After determining project priority value for each
candidate project according to the base priority value table
found in §125, each planning commission shall then
consider the relative merits of each project requesting
funding, including past and present measures to conserve
and use wisely the locally available water resources. The
relative needs of each project entity, including local
unemployment rates, median family income and prospective
economic benefits accruing from the project shall also be
considered. Each planning commission may then add to the
priority value score of four projects in the region:
1. 4.0 points for the most needing and deserving
project;
2. 3.0 points for the second most needing and
deserving project;
3. 2.0 points for the third most needing and deserving
project;
4. 1.0 point for the fourth most needing and deserving
project.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:885 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§131. Regional Priority Ranking
A. Each planning commission shall then rank all projects
in priority order beginning with the project having the
highest total priority point score and ending with the lowest.
In the event of tie scores, lower cost projects shall be ranked
ahead of higher cost projects. This list of projects in the
recommended order of priority for funding shall be included
in the regional report.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:885 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§133. Ranking of Projects by the Office of Public
Works
A. OPW, upon receipt of the regional reports containing
recommended project priority ranking from the planning
commissions, shall rank all recommended projects in
priority order according to priority value. OPW may add up
to 4.0 priority value points on one or more of the nominated
projects so as to achieve priority ranking order that is
consistent with overall state water resources management
plans and to insure that a minimum of 5 percent and a
maximum of 30 percent of the recommended priority project
funds in each fiscal year is allocated to projects in each of
the eight planning commission districts. OPW shall also add
priority value points to specific projects, if necessary, so that
the first projects in priority order on the list are one project
from each of the eight regional planning districts nominating
projects for priority of funding.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:885 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§135. Verification of Need
A. The application of an entity claiming project priority
due to an immediate and substantial hazard in the
community drinking water system shall contain a certificate
from the state health officer or his duly authorized
representative verifying existence of the hazard. Any entity
claiming priority due to violation of a state or federal water
quality standard or criterion shall provide, in the application
for priority of funding, statements or other documentation
from the appropriate state or federal regulatory agencies
verifying the conditions claimed.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:885 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§137. Conservation of Resources Required
A. Planning commissions and OPW shall give full
consideration to past and present efforts by an entity to limit
waste and conserve water in comparing need for a requested
project with other requested projects.
B. Entities requesting priority of funding for a project
shall provide assurance in the application for assistance that
all appropriate water conservation measures will be taken,
including consumer usage metering, service charges based
on usage, leak detection and control systems, ordinances
requiring use of water conserving plumbing fixtures and
valves, etc.
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Louisiana Administrative Code March 2013
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C. An entity experiencing an acute or immediate need
due to neglect, wastage or failure of entity to properly
maintain existing facilities, shall not receive high priority
base value due to the hazard thus created.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:885 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§139. Accurate Cost Estimates Required
A. Entities requesting priority of funding shall provide
accurate estimates of project costs.
B. The state shall retain the entire amount of
overestimated state and local project costs up to the total
amount of any state grant.
C. Any grant monies retained by the state may be used to
increase grants to other funded priority projects which
encounter actual project construction costs exceeding
estimated costs.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:885 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
§141. Regulatory Agency Approvals
A. Entities requesting project priority shall assure
compliance with all state and federal rules and regulations
applicable to a project of the type undertaken, including
those pertaining to financing, construction, maintenance and
operator certification. No state grant funds shall flow to a
project unless all required approvals and permits, including
preconstruction permits, are obtained by the entity.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:30 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 11:885 (September 1985),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
Chapter 3. Statewide Flood Control
Program
Subchapter A. Procedures for
Implementing Statewide Flood
Control Program
§301. Sequence
A. This Section describes the sequence of events
involved in implementing the Statewide Flood Control
Program. The sequence begins and ends each year during the
Regular Session of the Legislature. Specific procedures are
described briefly in this Section and are presented more fully
in the pre-application, application, and evaluation of
proposed projects and distribution of funds sections of this
document.
1. Pre-Application and Resolution (April 1-May 1).
Sponsoring authorities are to complete the pre-application,
and must submit their completed pre-applications and
resolutions to OPW not later than 4 p.m. on May 1. Pre-
applications received after May 1 will not be eligible for the
program in the current year. Pre-applications must include
documentation of the flooding problem in order to be
considered.
2. Evaluation Committee Review of Pre-Applications
(May 1-June 1)
a. Pre-applications will be reviewed and screened
by the Evaluation Committee. The reasons for the review are
to determine whether there is documented evidence of flood
damages; whether the sponsoring authority is requesting
OPW assistance in preparing the full application; whether
the proposed solution (if such a solution has been developed
at this time) is eligible for funding under this program; and
whether the sponsoring authority is willing to assume
responsibility for its share of the cost, including new rights-
of-way, operation and maintenance costs, and other
obligations.
b. All pre-applications that are determined to be
ineligible by the Evaluation Committee will be returned with
appropriate comments by June 1 or as soon as possible. All
eligible pre-applications will remain on file until a formal
application is submitted or for a period of four subsequent
funding years. The pre-application evaluation criteria for
OPW assistance are described in the Pre-Application
Section.
c. Pre-applications that have been determined to be
eligible and that may move on to the application stage
include:
i. pre-applications submitted by sponsoring
authorities with a population of more than 50,000;
ii. pre-applications from sponsoring authorities to
receive assistance from OPW in the application stage;
iii. pre-applications from sponsoring authorities
eligible for assistance from OPW in the application stage
that cannot be handled by OPW in time for the current
funding year that chose to prepare their own applications.
d. Pre-applications in the third group may be
processed in the application stage by OPW in time for the
next year's funding. Applications on which OPW initiates
work will receive increased priority for assistance in
application preparation in the following funding years. The
sponsoring authorities need not wait for OPW assistance.
However, they may prepare and submit their own
applications.
e. At the end of the pre-application review period,
applicants will be notified of the status of their pre-
applications. The sponsoring authorities seeking OPW
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Louisiana Administrative Code March 2013
39
assistance in preparing an application will be informed by
letter whether they:
i. will receive OPW assistance in time for the
current funding cycle; or
ii. will not receive assistance at this time and must
compete for assistance again the following year.
f. Authorities completing their own applications
may automatically move into the application stage unless the
proposed solution is not eligible as a project under the
program. If the proposed solution is not consistent with the
program's objectives, the Evaluation Committee may
suggest alternative solutions which must be addressed in
order for the application to be eligible.
3. Application Preparation (June 1-October 1)
a. Applications may be submitted anytime between
June 1 and October 1, but must be received by OPW no later
than 4 p.m. October 1, in order to be considered for funding
during the upcoming legislative session. Applications
received after this deadline will not be eligible for the
current year's program. Applications for which pre-
applications were received and approved from the previous
year(s) may also be accepted during this period, provided all
other procedures and deadlines have been met and four years
have not elapsed since the pre-application submittal.
b. On request, OPW will prepare applications for
eligible sponsoring authorities to the extent possible. All
applications must adhere to the methodologies described in
the instructions contained in the SWFC Procedures Manual.
4. Evaluation Committee Review of Applications
(October 1-April 1)
a. During this six month period, the Evaluation
Committee will review and evaluate all completed
applications in order to make recommendations to the Joint
Legislative Committee on Transportation, Highways, and
Public Works for funding. Applications will be divided into
urban and rural categories. Applications for projects in the
nine major urban areas comprise the urban category, as
shown in the Figure 1, and compete against all other urban
projects for funding. All other applications will be grouped
by funding district as shown in Figure 2. Rural projects are
subdivided into two categories, rural-developed and rural-
undeveloped. Rural-undeveloped projects compete only
against other rural-undeveloped projects in the same funding
district and likewise for rural-developed projects. Proposed
projects will be evaluated and ranked based on criteria
established by the Evaluation Committee.
Figure 1. Statewide Flood Control Program
Nine Urban Areas Funding Group
Figure 2. Statewide Flood Control Program
Five Funding Districts for Rural Projects
b. Projects recommended to the Joint Legislative
Committee will include a mix of those occurring in rural-
undeveloped and rural-developed areas within each funding
district as well as those for urban areas of the state. The
method for allocating funding percentages within each
district and the method for allocating total program funds to
the various districts are presented in Subchapter D,
Evaluation of Proposed Projects and Distribution of Funds.
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5. Public Hearings (February-March). As part of the
application evaluation process, the Joint Legislative
Committee will hold public hearings in locations convenient
to each funding district. The purpose of the hearings will be
to receive comments from the public on the preliminary
recommendations of the Evaluation Committee. After the
hearings, the Evaluation Committee will incorporate public
comments into its evaluation, complete the project
evaluations, complete the project evaluations, and submit a
priority ordered list of projects to the Joint Legislative
Committee.
6. Legislative Process (March-Regular Session). From
the list of projects recommended by the Evaluation
Committee, the Joint Legislative Committee will
recommend to the legislature a construction program to be
funded during the regular session. Projects recommended by
the Evaluation Committee but not funded will remain active
and will automatically be included in the recommended
projects for the next year and receive additional points in the
evaluation scoring procedure. Applications for projects that
are not recommended will be returned to the sponsoring
authorities with reasons for rejection.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:90 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
5:561 (May 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended LR 35:2849 (December 2009).
Subchapter B. Pre-Application
Evaluation
§303. Pre-Application Review and Evaluation
Procedure
A. The Evaluation Committee will be responsible for the
review and evaluation of pre-applications. The reasons for
reviewing and evaluating the pre-applications are to
determine the following:
1. whether there is documented evidence of flood
damages;
2. whether the sponsoring authority is requesting
OPW assistance in preparing the full application;
3. whether the proposed solution (if one has been
developed) appears to be eligible for funding under this
program;
4. whether the sponsoring authority is willing to
assume responsibility for its share of the cost.
B. If the applicant fails to adequately document that
flood damages have occurred, the Evaluation Committee
will not evaluate the pre-application and will notify the
sponsoring authority accordingly. Because of time and
manpower constraints, OPW will not be able to provide
immediate assistance to all sponsoring authorities requesting
assistance in the application stage.
C. Consideration will be given to the following:
1. time elapsed since the initial request was made;
2. local support;
3. existence of applicable surveying and engineering
information within the OPW files, and the degree to which
this information can be used;and
4. severity of flooding problems documented.
D. Points will be awarded to sponsoring authorities
seeking OPW assistance in preparing applications for the
above items in the following manner.
1. Time Elapsed—Add 1.0 point for each year up to
four years since the initial request was made.
2. Local Support—Add up to 1.0 point for letters from
the entire respective legislative delegation on file.
3. Existence of Information—Add 1.0 point if vertical
control has been established over the project area; 1.0 more
point if no additional cross sections need to be taken; and
add 1.0 more point if engineering calculations and the design
are complete.
4. Severity of Problem—Add the appropriate number
of points based on the following document information.
Value
Occurrence
Points
0.1 point for each building damages
x
Number of
occurrences in
past 10 Years =
0.1 point for each 300 acres flooded
0.1 point for each landowner affected
2.0 points for loss of life
NOTE: Priorities will be established for each funding district
effective June 1 of each year. The Office of Public Works will
identify pre-applications for which it will try to complete
applications during June 1 through October 1 application
preparation period.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:90 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
5:562 (May 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended LR 35:2851 (December 2009).
Subchapter C. Evaluation of
Proposed Projects and
Distribution of Funds
§315. Project Evaluation Procedure
A. The Evaluation Committee will compile a priority
ranked list for the projects in rural-developed and rural-
undeveloped areas within each district and projects within
urban areas each funding year. For evaluation purposes, the
project classifications concern the characteristics of the
benefitted area, not the design criteria or the contributing
drainage area. The three project classifications are urban,
rural-undeveloped and rural-developed. The urban category
includes projects located in Shreveport, Bossier City,
Monroe, Alexandria, Lake Charles, Lafayette, Baton Rouge,
and its contiguous urbanized areas, New Orleans, and the
urbanized portions of Jefferson Parish as shown in Figure 1
Title 56, Part III
Louisiana Administrative Code March 2013
41
above. Rural-undeveloped projects are those located in areas
with a structure density of 128 or less structures per square
mile while rural-developed projects are located in areas with
more than 128 structures per square mile. The evaluation
will be based on a combination of rating procedures
described hereinafter.
B. The priority ranking of each project will be based on
the sum of the scores of Parts A and B of the Application
Evaluation Forms. Using the combined scores, the
Evaluation Committee will produce a program priority list.
The priority list will be forwarded to the Joint Legislative
Committee on Transportation, Highways and Public Works.
C. Procedure for Application Evaluation Form—Part A
1. The Evaluation Committee will review each
application and score it according to the following categories
and maximum points.
a. Documentation of Flood Problem—20 maximum
points
b. Local Support—5 maximum points
c. Technical Feasibility—45 maximum points
d. Prevention of Loss of Life and Improved Public
Safety—5 maximum points
e. Environmental Effects and Impact on
Development—15 maximum points
f. Projects Recommended but not Funded—10
maximum points
2. The following guidelines will be used by the
Evaluation Committee to rate applications to the Statewide
Flood Control Program. This scoring procedure pertains to
projects which meet the legislative intent of the program.
Projects which are engineeringly unsound, cause
unreasonable flooding in other areas, cause unacceptable or
unmitigable environmental damages or otherwise do not
meet the objectives of the program will not be scored.
a. Documentation of Flood Problem (20 point
maximum). This category takes into consideration the
adequacy of documentation which demonstrates the
existence and severity of flood damages.
b. Local Support (5 point maximum). This category
takes into consideration the following:
i. letters of support on file from the respective
legislative delegation;
ii. no letters of objection from public officials,
neighboring authorities, citizens groups, etc;
iii. multiple sponsorship.
c. Technical Feasibility (45 point maximum). This
category takes into consideration the following:
i. completeness of project design;
ii. due consideration of alternatives (structural and
nonstructural);
iii. compatibility of the project to other federal,
state, and local projects;
iv. impact on flooding in areas upstream,
downstream, and adjacent to the benefitted area.
d. Prevention of Loss of Life (5 point maximum).
This category takes into consideration the following:
i. historical losses of life that may have been
prevented by the project;
ii. the degree of success of the project at
maintaining access to vital services (e.g., hospitals) and
protection of evacuation routes.
e. Environmental Effects and Impact on
Development (15 point maximum). This category takes into
consideration the following:
i. no letters of objection from public agencies;
ii. no impact on special historical, archeological,
geological features, or environmentally sensitive areas;
iii. not in a wetlands area;
iv. effectiveness of the project in relation to
encroachment into flood prone area (i.e., 100-year flood
plain).
f. Projects Recommended But Not Funded (10
point maximum). Add points for each year (up to a four year
maximum) that the proposed project has been on the list of
recommended projects but has not received funding.
D. Procedure for Application Evaluation Form—Part B
1. Ratings are computed on the basis of potential
damage reductions associated with the design flood and do
not include efforts to annualize benefits and costs. The same
formula is to be used for rural-developed, rural-undeveloped
projects, and urban projects, and appears below.
Part B Score = Total Damages* x 90
Total Construction Cost 90 - (PLM 10)
where PLM = percent local match
*Total damages are any damages from the design storm which
will be prevented by the flood control project including:
agricultural crop and land damages; agricultural building
damages; damages to residential, commercial, public, and
other buildings; damages to roads; damages to buildings;
and damages to industries.
2. In the Part B scoring process, projects, projects are
separated into their appropriate categories (i.e., rural-
undeveloped, rural-developed, and urban).
E. Example of Evaluations. The Evaluation Committee
will calculate the scores from Parts A and B to derive the
total score for each project. The priority ranking will be
determined by adding the total scores from Parts A and B for
each project. In the following example hypothetical
information is used to compare three projects.
1. Part A. The three projects are first scored using the
Application Evaluation Form—Part A. Results for the three
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42
projects are summarized in the following table. Projects are
given both a raw score and a final score. The project with the
highest raw score is awarded 100 points and competing
projects are awarded points based on the ratio of their raw
scores to the raw score of the highest scored project
multiplied by 100.
2. Part B
a. The following tables demonstrate the Part B
evaluation procedure for the same three projects (assumed to
be in the rural-developed category). The benefits data
presented in the first table would be taken from the
applications.
b. The damage reductions and cost data for each
category shown in the following table are used to compute
the raw scores shown in the table for Part B scoring. The
Part B scores will then be used to obtain a final score.
Tabulation of Project Points Credited for Part A
Category
Maximum
Points
Project Points Credited
Flat
River
Danville
Sunnydale
Documentation of Flood
Problem
20
12
17
13
Local Support
5
4
5
4
Technical Feasibility
45
36
40
27
Prevention of Loss of Life
and Improved Public
Safety
5
3
3
2
Environmental Effects and
Impact on Development
15
1
3
2
Projects Recommended
but not Funded
10
2.5
0
0
RAW SCORE
100
58.5
68
48
FINAL SCORE*
86
100
71
*The project with the highest raw score receives 100 points. The other
projects receive a percentage of 100 based on their raw score relative to
the project with the highest raw score.
Tabulation of Costs and Benefits
Category
Project Damage Reduction (Dollars)
Flat River
Danville
Sunnydale
Agricultural Acres
118,746
600,000
40,000
Residences
4,797,000
1,000,000
350,000
C and I Buildings
_
50,000
1,100,000
Other Buildings
_
100,000
700,000
Farm Structures
_
200,000
100,000
TOTAL DAMAGE
REDUCTION
4,915,746
1,950,000
2,290,000
CONSTRUCTION COST
1,300,000
550,000
700,000
Part B Scoring
Scoring Category
Flat River
Danville
Sunnydale
Raw Score
Total Damages__
=
Construction Cost
$4,915,746
$1,300,000
$1,950,000
$ 550,000
$2,290,000
$ 700,000
or
3.78
3.55
3.27
Additional Funding Adjustment =
90
90 - (PLM 10)
90
90(40 - 10)
90
90 (10 - 10)
90
90 - (10 - 1.0)
or
1.50
1.00
1.00
Adjusted Score =
Raw Score x
Additional Funding
Adjustment
5.67 3.55 3.27
Part B Scoring
Scoring Category
Flat River
Danville
Sunnydale
*In this case Flat River contributed greater than the minimum local
match and therefore receives a higher score.
3. Priority Score
a. The point totals parts A and B are multiplied in
the following table to establish scores for the priority
ranking of projects to be recommended for funding.
Final Priority Scores
Project
Form
Flat River
Danville
Sunnydale
Part A
86
100
71
Part B
5.67
3.55
3.27
Total
488
355
232
Rank
1
2
3
b. If these three applications were in the same
district and they were all in the rural developed category (as
previously stated), the Evaluation Committee would
recommend them for funding in the following order:
i. Flat River;
ii. Danville; and
iii. Sunnydale.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:90 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
5:574 (May 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended LR 35:2852 (December 2009).
§317. Project Application Review and Public Hearings
A. The Flood Control Project Evaluation Committee will
review applications between October 1 and the following
April 1. During the review period, public hearings will be
conducted in locations convenient to each Statewide Flood
Control Program funding district by the Joint Legislative
Committee on Transportation, Highways, and Public Works
to solicit comments on the projects being considered for
funding.
B. During this time, the Evaluation Committee will also
receive from the Joint Legislative Committee on
Transportation, Highways, and Public Works a projected
funding level for the construction program of the coming
year.
C. Based on the information gathered at the public
hearings and the application evaluations, the Evaluation
Committee will submit a list of recommended projects to the
Joint Legislative Committee, on the basis of the distribution
of funds described below.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:90 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
5:577 (May 1985), repromulgated by the Department of
Title 56, Part III
Louisiana Administrative Code March 2013
43
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended LR 35:2854 (December 2009).
§319. Distribution of Funds
A. The distribution of program funds is based on a two-
tiered system including:
1.a. the nine major urban areas in Louisiana as shown in
Figure 1 (§301); and
b. the five funding districts shown in Figure 2
(§303);
2. 45 percent of total program funds is allocated to
project areas within the nine designated urban areas. Projects
within urban area must compete for funding with projects
from all urban areas. However, no more than 20 percent of
the total amount of funds available to finance projects in
Louisiana's urban areas may be allocated to any signal urban
area. The urban areas included are Shreveport, Bossier City,
Monroe, Alexandria, Lake Charles, Lafayette, New Orleans,
Baton Rouge and its contiguous urbanized area, and the
urbanized portion of Jefferson Parish. The boundaries of the
city limits and urbanized areas are consistent with the U.S.
Census Bureau's urban designation;
3. 55 percent of total program funds is allocated to
rural projects in the five funding districts. There are two
categories of rural projects for funding distribution, rural-
undeveloped and rural-developed. The formula for
distributing funds among the five districts is as follows:
District's Percent of Available Funding =
[0.50 x (District's Percent of State's total Area)] +
[0.50 x (District's Percent of State's Total Flood Plain Area)]
4. The following table presents the funding allocation
percentage for each of the five districts.
Table 1
Funding Allocations for Rural Projects by Funding District
Funding
Percent of State Total
District
Land Area
Floodplain
Funding
Allocation
Northwest
28.3
17.9
23.1
Northeast
18.4
14.9
16.7
Southwest
17.4
13.6
15.5
Southeast
19.3
25.9
22.6
South Central
16.6
27.7
22.1
State Total
100.0
100.0
100.0
B. An important feature of the program is the separation
of funds into rural-undeveloped and rural-developed
categories within each funding district. The Evaluation
Committee determines which category will be used for a
project during the application review. The method for
making the determination is based on structure density in the
benefitted area. Benefitted areas with structure densities of
more than 128 structures per square mile which are not one
of the nine designated urban areas are considered rural-
developed. Benefitted areas with structure densities of 128
or less structures per square mile are considered rural-
undeveloped.
C.1. District funds are divided between the two rural
categories. The separation of funds is based on the amount
of agricultural land and developed land (excluding the nine
urban areas) within each district in relation to the amount
within the entire state. The formulas for making the primary
separation between rural-developed and rural-undeveloped
areas are:
Percent of District Funds Designated Rural-Undeveloped =
(District's Percent of Total State Agricultural Area) -
[(District's Percent of Total State Agricultural Area) +
(District's Percent of Total State Developed Area)] and
Percent of District Funds Designated Rural-Developed =
(District's Percent of Total State Developed Area) ÷
[(District's Percent of Total State Agricultural Area) +
(District's Percent of Total State Developed Area)]
2. The two formulas account for 100 percent of the
district funding total in all cases. The recommended funding
ratios for the two rural categories are presented in Table 5 of
this Section.
D. The Evaluation Committee will make its
recommendations for projects within the limitations of the
funding projections for the coming year and in accordance
with the distributions presented in Tables 1 and 2 of this
Chapter. Table 3 of this Chapter presents the funding
distribution for a hypothetical $50 million construction
program allocation.
Table 2
Recommended Percentage Distribution of Funds,
by Rural Category for Funding Districts
Funding District
Percentage of District Funds
Rural-Undeveloped
Rural-Developed
Northwest
52
48
Northeast
73
27
Southwest
55
45
Southeast
29
71
South Central
42
58
AUTHORITY NOTE: promulgated in accordance with R.S.
38:90 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
5:577 (May 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended LR 35:2854 (December 2009).
§321. Redistribution Procedure
A. In the event that there are an insufficient number of
approved projects in a funding district for a particular
category (e.g., rural-undeveloped), then those funds would
be allocated to fund projects in the other rural category (in
this example, rural-developed) within the same district. If
there are insufficient approved projects in both rural
categories for a particular district to utilize the funding
allocation in a particular year, then the excess funds shall be
allocated to fund rural projects in the other funding districts
which have been approved but not funded.
B. All excess funds shall be redistributed to other
districts on a pro rata basis based on each funding district's
percentage of rural project funds (Table 4 of this Chapter).
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Louisiana Administrative Code March 2013
44
The first priority will be to use unrequested rural-
undeveloped project funds to fund approved rural-
undeveloped projects in other districts. In the event that
funds are still remaining, rural-undeveloped funds may then
be used to fund rural-developed projects in other funding
districts. Similar, unrequested rural-developed project funds
shall be redistributed to other districts after satisfying all
approved rural-developed projects and before becoming
available to fund approved rural-undeveloped projects in
other districts.
C. If funds allocated to the five funding districts are
remaining after all approved rural projects have been funded,
any remaining funds may then be used to fund approved but
unfunded projects in urban areas. Similarly, any funds
remaining after all approved urban projects have been
funded may then be used to finance rural projects in the
funding districts and shall be allocated in the same fashion
as any funds initially allocated to these districts.
D. It is the intention of this program that redistributed
funds be sufficient to complete a project. If funds available
for redistribution are insufficient to complete a project, such
funds shall then be carried forward to supplement the
funding base for the next year's program.
E. In the event that funds become available due to the
expiration of the four-year period allowed sponsoring
authorities to generate local matching funds, those funds
previously set aside will be redistributed in the same manner
as described above.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:90 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
5:578 (May 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended LR 35:2855 (December 2009).
§323. Legislative Process
A. The Joint Legislative Committee on Transportation,
Highways and Public Works will submit to the legislature a
construction program. As specified by Act 351 of 1982, the
legislature may delete any project that it believes was not
selected in accordance with the guidelines of the Act. The
legislature may not make any additions or substitutions to
the construction program.
B. Projects recommended by the Evaluation Committee
but not funded by the legislature will remain on the
Evaluation Committee's recommendation list for a period of
up to four years. These projects must compete with all other
remaining projects from previous funding years (up to four
years) and new projects in subsequent funding years.
However, projects recommended but not funded will be
awarded 3.3 points (10 points maximum) for each year since
the first filing of the project application.
Table 3
Example of Distribution of Funds for
Hypothetical $50 Million Construction Program
Targeted
Funding Range
($ Million)
District
Total
($ Million)
District Total
($ Million)
Rural-
Undeveloped
Rural-
Developed
Urban Areas
22.50
--
--
--
Funding
Districts
27.50
--
--
--
Northwest
6.35
3.30
3.05
Northeast
4.60
3.34
1.26
Southwest
4.25
2.34
1.91
Southeast
6.20
1.80
4.40
South Central
6.10
2.56
3.54
Total
50.00
27.50
13.34
14.16
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:90 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
5:578 (May 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended LR 35:2855 (December 2009).
§325. Construction and Operation
A. Each sponsoring authority designated as a recipient of
program funds must enter into an agreement with the
Department of Transportation and Development, Office of
Public Works, prior to the initiation of construction of a
project and awarding of funds. This agreement stipulates
what must be followed during all construction phases of the
project, operation and maintenance, as well as the
sponsoring authorities' obligations under R.S. 38:91. Policies
and procedures that must be adhered to are detailed in the
Statewide Flood Control Program Procedural Manual for
Funded Projects made available to all sponsoring authorities
designated to receive program funding.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:90 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
5:579 (May 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended LR 35:2855 (December 2009).
Chapter 5. Funding Applications
§501. Guidelines and Procedures for Applications for
State Funding Assistance
A. Statewide Flood Control Program
1. The requests for Statewide Flood Control Program
funds far exceed the amount of money made available each
year. In an effort to best utilize the available funds, the
following time schedules shall be incorporated into project
development.
Title 56, Part III
Louisiana Administrative Code March 2013
45
Task
Maximum
Time, Years
1. Execution of Agreement Between OPW and
Sponsor
1/2
2. Application of Permits
1
3. Submittal of Preliminary Plans
2
4. Submittal of Draft Final Plans, Specifications
and Cost Estimate
3
5. Acquisition of Rights-of-Way Permits and
Utility Relocation and Securing the Funding
for the Sponsor's Portion of the Project
3 1/2
6. Advertising for Bids and Awarding of Contract
4
2. The date of the letter the chairman of the Flood
Control Evaluation Committee advising the sponsor that his
project has been funded shall be used as the beginning point
in determining the amount of time that has elapsed.
3. In the event a task is not completed within the
maximum time allotted, the agreement between OPW and
the sponsor shall be canceled and the state funds that were
allocated for the proposed project shall be reallocated.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:90.1 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
1:249 (May 1975), amended LR 12:533 (August 1986),
repromulgated by the Department of Transportation and
Development, Office of Public Works, LR 31:942 (April 2005).
Chapter 7. Dam Safety Program
Subchapter A. Dam Safety
*Editor's Note: The name of the agency, The Public Works and
Flood Control Directorate of the Department of
Transportation and Development (DOTD), has changed to
The Public Works and Hurricane Flood Protection Division
of the Louisiana Department of Transportation and
Development.
§701. Introduction
A. The *Public Works and Flood Control Directorate of
the Department of Transportation and Development (DOTD)
serves as the Water Resources agency for the state of
Louisiana, providing engineering and technical support for
the orderly planning and development of programs and
projects related to flood control, drainage, irrigation, water
diversions, reservoirs, navigation, port development,
hurricane protection, coastal engineering, and management
and development of water resources.
B. R.S. 38:21-28 legislation provides for a Dam Safety
and Regulatory Program. The *Public Works and Flood
Control Directorate is charged with the responsibility for
administering the program. The program is operated by the
DOTD's Water Resources Design and Development Section,
with administrative and enforcement authority vested in the
Director of the Public Works and *Flood Control
Directorate.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1234 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§703. Purpose
A. The purpose of R.S. 38:21-28 is to recognize the
inherent dangers posed by impoundments of significant
volumes of water, and to require that owners of structures
which impound water (or other liquids) assume the
responsibility for that danger by ensuring that such
structures are designed, constructed, and maintained so as to
minimize the risk to life and property. Regardless of the
circumstances of failure, the owner is ultimately responsible
for loss of life and property damages that may occur from
the failure of his dam. *The Department of Transportation
and Development, Public Works and Flood Control
Directorate, is charged with the responsibility for developing
and enforcing a regulatory program to ensure that public
safety and welfare is not compromised by the presence of
dams or other impoundment facilities. The Louisiana Dam
Safety Program defines the minimum standards for the
design, construction, operation, and maintenance of dams in
the state of Louisiana, and the DOTD has the responsibility
and the authority to enforce the standards of the program.
This rule documents the minimum standards for design,
construction, operation and maintenance of dams and
impoundment structures and the policies for the enforcement
of those standards.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1234 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§705. Glossary
Abutments―those portions of the valley sides which
underlie and support the dam structure, and are usually also
considered to include the valley sides immediately upstream
and downstream from the dam.
Auxiliary or Emergency Spillway―a secondary spillway
designed to operate only during unusually large storm
events. Louisiana's Dam Safety Program defines "unusually
large storm events" as being equal to the 100 year storm
event or larger.
Baffle Blocks―blocks constructed in a stilling basin to
dissipate the energy of fast flowing water.
Berm―a horizontal step in a sloping profile. The berm is
usually constructed with a slight slope for drainage purposes.
The berm is often referred to as a seepage or stability berm.
Blanket Drain―a horizontal pervious zone located
downstream of the impervious core. This zone is often
referred to as a sand blanket.
Breach―an eroded opening through a dam that drains the
reservoir. A controlled breach is an intentionally constructed
opening. An uncontrolled breach is an unintentional opening
that allows uncontrolled discharge from the reservoir.
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Chimney Drain―a vertical pervious zone located just
downstream of the impervious core. The chimney drain is
usually constructed with a sand material.
Cofferdam―a temporary structure enclosing all or part of
the construction area so that the construction can proceed in
the dry.
Conduit―a closed channel to convey discharges through
or under a dam. The conduit can be a reinforced concrete
pipe, a corrugated metal pipe or a single or multi-barrel
reinforced concrete box culvert.
Crest Length of Dam―the length of the top of dam. This
length includes the spillway(s) and other appurtenant
structures. The crest length of dam is basically the length
from where the top of dam terminates on one abutment to a
similar point on the other abutment.
Cutoff Trench―an impervious barrier built into the
foundation to reduce seepage under the dam. A cutoff wall or
slurry wall could be used as a seepage barrier. The slurry
wall is relatively thinner in the horizontal direction when
compared to a clay core cutoff trench.
Dam―any artificial barrier, including appurtenant works,
which does or will impound or divert water or any other
liquid substance.
Downstream Slope―the inclined surface of an
embankment dam that faces away from the reservoir.
Drawdown Structure―a low-level outlet which can be
used to lower the reservoir below normal pool stage. This
may be necessary for lake management purposes, routine
repairs or dam safety purposes.
Earthfill Dam―a dam constructed predominantly of fine-
grained material. Earthfill dams are also known as rolled fill
dams where material is placed in layers and compacted by
using rollers or rolling equipment.
End Sill―the area at the upstream and downstream end of
the stilling basin base slab.
Foundation of Dam―the natural material on which the
dam is placed.
Heel of Dam―the junction of the upstream slope with the
foundation. The heel of the dam is often referred to as the
upstream toe.
Impervious Core―a zone of low permeability material.
This zone is the water or seepage barrier and is often
referred to as the clay core.
Intake Structure―the structure placed at the beginning of
an outlet works waterway. The intake structure establishes
the ultimate drawdown level of the reservoir by the position
of its opening(s) to the outlet works. Intake structures may
be vertical or inclined towers (drop inlets).
Maximum Cross Section of Dam―cross section of a dam
at the point where the height of the dam is at it's maximum.
Maximum Storage Capacity―the capacity at maximum
storage is the volume in the reservoir in acre-feet when the
level in the reservoir is at top of dam elevation.
Non-Overflow Wall―a wall which is usually constructed
parallel to the spillway crest at an elevation equal to the top
of dam elevation. This wall is not designed to be overtopped
and are often referred to as a closed dam section.
Normal Pool Stage―the water level at the dam to which
water may rise under normal operating conditions and for
uncontrolled spillways is defined as the lowest crest
elevation of the principal spillway. This does not include
flood surcharge.
Outlet Gate―a gate on the drawdown structure or
spillway which is used to control the outflow of water.
Piping―the progressive internal erosion of an
embankment, foundation, or abutment material. The erosion
(piping) begins on the downstream side and progresses
upstream.
Primary or Principal Spillway―the first used spillway
during flood flows.
Probable Maximum Flood (PMF)―the flood that may be
expected from the most severe combination of critical
meteorologic conditions that are possible in the region.
Retaining/Training Walls―walls which are usually
constructed perpendicular to the spillway crest. Retaining
walls are walls which support an overturning load. Training
walls are walls which confine or guide the flow of water. In
many instances, these walls serve both purposes and can be
referred to as either a retaining or training wall.
Riprap―a layer of large uncoursed stones, broken rock or
precast blocks placed in a random fashion on the upstream
slope of the dam and stilling basin outlets. Riprap is a
flexible type of slope protection which will deform if
material is displaced from beneath.
Riser―a type of drop inlet spillway with a vertical section
of metal or concrete pipe that allows the reservoir to rise to a
predetermined level before water flows into the pipe.
Slope Protection―protection against wave action or
erosion. The two most common types of slope protection,
are riprap and soil cement.
Sluice―a low-level opening for releasing water from a
dam.
Soil Cement―a well compacted mixture of soil, portland
cement and water that produces a hard pavement. Soil
cement is usually placed in horizontal layers. Soil cement is
a rigid type of slope protection which attempts to span voids.
Spillway Crest―the overflow section or top of weir
section of the spillway.
Stilling Basin―a basin constructed to dissipate the energy
of fast flowing water. The stilling basin area is located just
downstream of the spillway crest between the
training/retaining walls.
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Structural Height―the distance between the lowest point
in the excavated foundation and the top of the dam.
Surcharge/Flood Surcharge―the volume or space
between normal pool and the maximum design water level.
Tailwater―the level of water immediately downstream of
the dam.
Toe of Dam―the junction of the downstream slope with
the foundation. The toe of the dam is often referred to as the
downstream toe.
Top of Dam/Crown―the uppermost surface of the dam.
The top of dam can also be referred to as the crest of the
dam. When the term "crest" is used, it must be specified that
it is the "crest of the dam" and not the "crest of the spillway."
Uncontrolled or Ungated Spillways―spillways where the
flows over the spillway crest are controlled only by the
elevation of the spillway crest. This type of spillway is often
referred to as a fixed crest spillway. Normal Pool Stage for
uncontrolled spillways is defined as the lowest crest
elevation of the principal spillway.
Upstream Slope―the inclined surface of an embankment
dam that is in contact with the reservoir.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1234 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§707. Applicability
A. The regulations of this program will govern the
construction, enlargement, alteration or repair, maintenance
and operation of all dams as defined by R.S. 38:21-28. The
terms dam and impoundment structure are used
interchangeably and shall mean the embankment,
spillway(s), outlet works and other attendant parts. Included
are all artificial barriers together with all appurtenant works
which impound or divert water or any other liquid and which
are:
1. 25 feet or more in height and have an impounding
capacity at maximum storage greater than 15 acre-feet, (See
§729, Appendix 1); or
2. have an impounding capacity at maximum storage
of 50 acre-feet or more and are greater than 6 feet in height
(See §729, Appendix 1).
B. All barriers which are 6 feet or more in height with
maximum storage capacities of 15 acre-feet or more must be
submitted to the DOTD for review (See §731, Appendix 2).
The height of a dam is measured from the natural bed of the
stream or watercourse at the downstream toe of the barrier,
or if it is not across a stream or watercourse, the height from
the lowest elevation of the outside limit of the barrier, to the
top of the dam.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1236 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§709. Permitting
A. Application for Permit. Written approval for
construction from the DOTD will be required prior to
constructing any new impoundment structure or
commencing any structural modifications to existing
impoundment structures. Permit forms may be obtained
from the Director, *Public Works and Flood Control
Directorate, Louisiana Department of Transportation and
Development, Box 94245, Baton Rouge, LA, 70804-9245.
The permitting process is intended to ensure that new
structures and modifications to existing structures are
designed and constructed in accordance with the
requirements documented herein. (See §733, Appendix 3.)
B. National Resources Conservation Service (NRCS),
formally called Soil Conservation Service (SCS). The
approval process may be abbreviated if dams meet the
requirements of "Pond Standard 378" of the National
Resources Conservation Service National Handbook for
Conservation Practices and the National Resources
Conservation Service's engineering staff provides the design,
layout, and construction inspection. In this case, the National
Resources Conservation Service will certify that the dam
design and construction meets the requirements of "Pond
Standard 378" and they will provide the DOTD with the
Pond Data Sheet, a map showing the location of the pond,
and a letter signed by the owner of the dam (See §735,
Appendix 4). The National Resources Conservation Service
will agree to periodically inspect the structure to ensure that
"Pond Standard 378" is being maintained, and to inform the
DOTD if the structure ever falls below "Pond Standard 378."
C. Public Hearings. After an application has been filed
and accepted, the public in the affected locale will be
notified by publication in the local news publication. The
Director of Public Works and Flood Control will prepare a
notice, assigning a date and place for a public hearing of the
application. The notice will contain information describing
the application and the name and address of the applicant
(See §737, Appendix 5). It will be the applicant's
responsibility to have the notice published once a week for
two consecutive weeks in the official journal of the parish in
which the project will be constructed, and shall provide
notarized proof of publication on or before the hearing date.
The applicant will bear the cost of the publication. The
DOTD will conduct the public hearing, and the applicant
will be required to attend to describe the nature and purpose
of the proposed project and to answer questions.
D. Issuance of a Permit. An "Impoundment
Permit/Certificate of Completion" shall be issued for all
dams, both existing and new construction. The
"Impoundment Permit/Certificate of Completion" is not
transferable. The owner of a dam must notify the DOTD 30
days prior to transferring ownership of the dam, and must
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return the "Impoundment Permit/Certificate of Completion"
to the DOTD.
E. Failure to Obtain Approval. If, prior to beginning
construction, the owner fails to obtain approval, the owner
will be cited and fined under the statutory authority of
R.S. 38:28. Also, the lake may be ordered to be drained until
all approvals have been obtained.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1236 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§711. Submittals
A. All designs for work to be permitted under the
program will be submitted for review and approval with all
necessary supportive documentation (See §739, Appendix
6). Normally it is expected that an owner or prospective
owner will establish contact with the DOTD to apply for a
permit to construct or modify a dam. An example of a letter
notifying the DOTD of intent to construct or modify a dam
is provided (See §741, Appendix 7). In some cases, however,
structures are built and water is impounded without the
knowledge or approval of the DOTD. When such structures
are discovered, the owners will be contacted by the DOTD
and required to furnish documentation that their structure
meets the safety requirements of the program. In either case,
the applicant shall be guided by the Water Resources Design
and Development Section throughout the review and
approval process. The documentation required shall be
formal engineering designs and calculations, supported by
sufficient field information, and certified by a professional
civil engineer registered to practice in Louisiana. Because
each step in the design of a dam is dependant upon the
quality of the design judgments made in the previous steps,
the applicant is advised to coordinate each of the design
stages identified in the next Section with the DOTD review
team prior to proceeding to the next step.
B. After general designs have been approved, the
applicant may proceed with plans and specifications, which
will also require approval before construction can begin.
Plans and specifications will be of professional engineering
detail and quality and will include all information and
directions necessary to construct the dam in accordance with
the design intent.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1236 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§713. Design
A. The proper design of a dam involves a complex
combination of engineering applications. It is not within the
scope or intent of this document, nor will it be the practice of
the staff of the DOTD, to instruct in the detailed procedures
for the design of a dam. All dams and impoundment
structures to be permitted under this program will be
designed by a professional civil engineer(s), registered by
the Louisiana State Board of Registration for Professional
Engineers and Land Surveyors. The registered civil engineer
will certify the designs and plans by professional seal.
Designs must conform to nationally recognized standards,
further explained in the following Paragraphs and in the
Appendices. The completed design package will state the
intended design life of the structure, and will include the
operations and maintenance procedures necessary to ensure
that the structure will function as designed for its stated
design life.
B. Failure of an impoundment structure and the
instantaneous release of large volumes of water is referred to
as a dam breach. It is the primary risk associated with dams,
and is the fundamental reason for the state to assume
regulatory authority over dams through the Louisiana Dam
Safety Program. Breaching may occur during fair weather
due to the cumulative effects of erosion or seepage, or it may
occur as a result of stresses caused by excess water produced
during a storm event. The hydraulic and hydrologic (H and
H) design will determine which of the two scenarios poses
the greater hazard, the volume of water which is likely to be
released, and the rate of flow.
C. It is the H and H design which determines the
volumes and flow rates with which the impoundment
structure(s) must contend. The geotechnical and structural
designs must ensure that the impoundment structure(s) can
safely accommodate the hydraulic forces imposed by the
conditions predicted by the H and H design. Following are
the sequential steps which are necessary in any
dam/impoundment structure design, and each step must be
documented with design calculations and all supporting data,
certified by a Registered Professional Civil Engineer:
1. Hydrology and Hydraulics (H and H) Design
a. Impact (Hazard) Classification.
b. Determination of controlling design condition
and associated storm runoff.
c. Setting of spillway and stilling basin widths and
elevations, top of embankment elevation, and normal pool
stage.
2. Structural and Geotechnical Design of
Embankment, Spillways, and Drawdown Structures
3. Development and Documentation of Operations
and Maintenance Procedures
NOTE: For the purpose of the Dam Safety Program, the
Emergency Spillway shall be defined as being overtopped by
the 100-year storm or greater and the Principal Spillway shall
be defined as being overtopped by a storm less than the
100-year storm.
D. Hydrology and Hydraulics (H and H) Design
1. Before the structural design of the dam can begin,
the requirements of hydraulic capacity must be determined.
The height of the dam, the amount of freeboard above
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Louisiana Administrative Code March 2013
49
normal pool elevation, the size and capacity of the principle
and emergency spillways, must all be designed to balance
the hydrological and hydraulic properties of the location of
the reservoir. A properly designed drawdown structure,
capable of reducing the stage of the reservoir at a suitable
rate in the event of emergency, must also be designed to
meet the capacity requirements of the site.
2. H and H design begins with the Impact
Classification (also referred to as Hazard Classification in
some texts) of the dam. The Impact Classification is
determined by an evaluation of the probable maximum
impacts of a dam breach. Low impact structures are those for
which, because of size and/or location, little or no significant
damage to life or property is likely to result from a failure of
the structure. Significant impact structures are those which
could cause appreciable damage to property or could pose
possible threat to human life in the event of failure. High
impact structures are those for which failure would cause
excessive property damage or make loss of human life
likely.
NOTE: The inflow design flood (IDF) is determined by the
various Hydrograph Methods after the precipitation amount is
developed. The major source of precipitation data is the
National Weather Service (NWS). The DOTD has final
authority for approval of the method to be utilized to
determine the IDF.
Table 1. Impact Classification and Inflow Design Flood
Impact
Category
Potential Loss
of Life
Potential
Economic Loss
Minimum
Inflow Design
(IDF)
Low
Not Likely
Minimal
50-Yr. Freq.
Significant
Possible
Appreciable
100-Yr. Freq.
High
Likely
Excessive
1/2 PMF
3. Further guidance in assessing the potential hazards
and associated impact classification for dams may be found
in the publication referred to in §727. It is the responsibility
of the owner/applicant to establish impact classification, and
all dams will be considered to be of High Impact potential
until demonstrated to be otherwise by a documented analysis
provided by the applicant. The proposed impact
classification must be supported by sufficient analysis and
documentation, and the DOTD will have final authority for
assigning Impact Classification.
4. Having established the Impact Classification for the
structure, the next step is to establish the magnitude of the
meteorological event on which the entire design is to be
based. Dams must be designed to be able to safely withstand
the passage of a flood of design magnitude. The Inflow
Design Flood (IDF) is the largest storm event to be
considered in the design of the structure, and the magnitude
of the storm event for which the IDF is computed is related
to the Impact Classification. The values shown for IDF in
Table I are minimums, and the storm event to be used as the
IDF will be determined by a site specific analysis. For low
impact structures, the primary consideration is the protection
against loss of the dam and its benefits in the event of
failure, while for significant and high impact structures,
adequate protection of life and property must be assured.
5. For dams classified as high impact, the IDF is
defined as the flood event above which a breach of the dam
does not increase hazard to downstream interests. The upper
limit of the IDF for high impact structures is the Probable
Maximum Flood (PMF), which is the flood which may be
expected from the most severe combination of critical
meteorological and hydrological conditions which are
reasonably possible. While the PMF is the upper limit for the
IDF, the IDF for high impact dams may be an event of
smaller magnitude, depending upon an incremental hazard
assessment. The incremental assessment is a routing of
floods of increasingly larger magnitude through the structure
and downstream channel reaches, comparing conditions with
and without a dam failure, until a flood magnitude is reached
for which the dam failure condition does not appreciably
increase the hazard potential.
6. Dams classified as having significant impacts may
or may not require a formal incremental hazard evaluation,
depending upon the extent of existing and potential
downstream development, the size of the reservoir, and the
type and use of the dam. The upper limit of the IDF for
significant impact structures is the PMF.
7. For dams with low impact classification, the
incremental hazard evaluation is not required, and the IDF
can be based upon factors related to loss of service of the
dam, potential maintenance costs, etc., but with the 50-year
frequency storm being the minimum design event.
8. The Water Resources Design and Development
Section should be a partner in establishing the IDF, and
designs should not proceed until agreement has been reached
between the DOTD and the owner's engineer on the choice
of the IDF. Establishing the IDF is the foundation for the
entire design process, since the dam must be designed to
safely pass and/or contain the IDF. A guideline for
performing the incremental hazard evaluation necessary to
establish the IDF is provided in the publication referred to in
Subsection N.
9. How the IDF is to be safely passed by the dam
structure and the stability of the dam against the long-term
effects of hydrostatic forces is the subject of the balance of
the design effort, including the general configuration of the
dam; length, elevation, and composition of principal and
emergency spillways; storage capacity above normal pool
elevation; erosion protection; and stability design. The most
practical way of assuring the integrity of the dam during an
IDF is to provide a concrete spillway which is capable of
carrying the peak flow of the storm. Principal spillways are
normally sized to carry flows from all but the largest of
storms, with emergency spillways, which are not normally
armored, functioning only during major storm events. If the
peak flow from the IDF can be contained within the
principal and emergency spillways, the stability of the dam
is not likely to be threatened by the erosive action of water
flowing over the embankment. The designer may wish to
balance the relative economy of providing spillway capacity
versus storage capacity above normal pool stage. But, if
design calculations indicate that the embankment will be
overtopped by the IDF, provisions must be included in the
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design to prevent the embankment from failing under the
erosive forces of the overtopping flows.
E. Geotechnical Design
1. It is essential to the stability of the structure that the
material used in the impoundment structure, as well as the
foundation and adjoining earth have the necessary structural
properties to withstand the hydrostatic forces required by the
design, that potential for destructive seepage is identified
and appropriately dealt with, and that the surfaces of the
structure are adequately protected from surface erosion.
2. Field investigations shall be adequate to define the
soils and ground water conditions with respect to stability
and seepage control. Stability analysis should consider after-
construction conditions, based on the undrained shear
strength parameters determined by laboratory tests. Long-
term steady seepage, partial pool, and rapid drawdown
analyses should also be performed, using shear properties
appropriate to the subject materials and minimum safety
factors shown in the following Table.
Table 2. Factor of Safety for Stability Analysis
Analysis Condition
Factor of Safety
Rapid Drawdown
1.25
Partial Pool
1.40
Steady Seepage
1.40
After Construction
1.30
Earthquake
1.15
6. Structural Design. Structural Designs are to be
prepared in accordance with generally accepted structural
engineering practices such as those of the American
Concrete Institute, the American Institute of Steel
Construction and the American Institute of Timber
Construction. Components of the spillway or other
appurtenant structures shall be designed to resist the most
critical loading combination of dead loads plus live loads
that may occur during its construction or design life. Some
of the loads which must be considered in the design are:
buoyancy forces, sliding forces, hydrostatic uplift forces,
bearing forces, overturning forces, water drag forces, wing
drag forces, gate-lifting and closing forces, soil and water
pressure forces, impact forces, uniform and point live load
forces, etc. The minimum factors of safety for buoyancy and
sliding shall be 1.5 and 2.0, respectively. The overturning
analysis must indicate that the resultant force falls within the
center 1/3 of the base. The minimum factor of safety for pile
design shall be 2.0.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1237 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§715. Construction
A. It will be the owner's responsibility to ensure by the
presence of professional construction supervision personnel
that the structure is built in strict compliance with the
approved designs and specifications. Adequate records shall
be maintained to document that all materials and
construction procedures meet or exceed those specified. The
owner shall report on the construction to the DOTD. The
work of construction, enlargement, alteration, repair or
removal of a dam or reservoir for which approved
application, designs, plans and specifications are required
shall be under the responsible charge of a registered civil
engineer. Upon completion of the work and prior to the
impoundment of water, the engineer shall certify that all
work has been done in compliance with the approved plans
and specifications (See §743, Appendix 8).
B. During construction, periodic inspections may be
made by representatives of the DOTD. The owner will be
required to provide such works or tests as may be needed to
disclose sufficient information to enable the DOTD to
determine that conformity with approved plans and
specifications is being maintained. Inspections made by the
DOTD are "limited inspections" and do not relieve the
owner or the owner's engineer from their responsibilities for
conformance to accepted designs and procedures.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1239 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§717. Maintenance and Operations
A. Once in service, the integrity of the impoundment
structure must be sustained by regular maintenance, in
accordance with the approved operations and maintenance
document provided by the designer. The Operations and
Maintenance Manual should contain forms and schedules for
records and documentation of inspections, maintenance
procedures, and repairs. The owner will be responsible for
certifying, through properly documented records, to the
DOTD that the required periodic inspections have been
made, for correcting any deficiencies revealed during such
inspections, and for maintaining records of all operations
and maintenance activities, as well as of original
construction and any subsequent modifications.
B. An Emergency Preparedness Plan is required for all
dams and reservoirs. The plan shall comply with the
guidelines of the current issue of Louisiana's Emergency
Action Plan Guidelines, available from the DOTD's Director
of Public Works and Flood Control. The Emergency
Preparedness Plan will be a condition of the permit for the
project, and it will be the owner's responsibility to
implement the provisions of the plan in the event of
emergency.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1239 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
Title 56, Part III
Louisiana Administrative Code March 2013
51
§719. Inspections
A. The DOTD will periodically inspect every dam in the
jurisdiction of the program. The purpose of the DOTD
inspections is to ascertain whether the structure is being
properly maintained in accordance with the approved
operations and maintenance procedures. The DOTD
inspections are "limited inspections" and do not relieve the
owner of responsibility to perform and document periodic
inspections. If an inspection by the DOTD reveals that a dam
is unsafe or in danger of becoming unsafe, the DOTD,
through the Director of Public Works and Flood Control,
shall direct the owner to take whatever action is necessary to
restore the dam to its design condition.
B. The owner has the primary responsibility for insuring
the safe condition of the structure by regular maintenance
and periodic inspection. The owner is required to
immediately inform the Director of Public Works and Flood
Control of any unusual circumstances or occurrences which
may affect the condition or safety of the reservoir. Also, the
director will be notified prior to any planned draw downs of
the reservoir.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1239 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§721. Enforcement
A. If any dam or impoundment structure is determined to
be unsafe, the Director of Public Works and Flood Control,
pursuant to R.S. 38:21-28, shall direct any such repairs or
remediations for a dam or impoundment structure as he
deems necessary to insure that life and property are not
unduly threatened by the impoundment. such remedial
action may include:
1. direction that the water level behind the structure be
lowered to a safe level; or
2. that the impoundment be completely drained until
all necessary corrections to the structure have been made.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1239 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§723. Existing Structures
A. All dams constructed or under construction prior to
promulgation of these Rules will be reviewed to assess their
disposition under the program regulations. Each dam is
unique and must be judged on the basis of its own particular
set of circumstances. Based on the circumstances of each
individual case, a judgment will be made of what
modifications or repairs are necessary to meet program
standards. It is the intent of the program to eventually have
every dam upgraded to meet program standards. The DOTD
will be the sole judge of whether an existing deficiency
creates an unacceptable risk to the general public. While it is
not the intent of this program to lower the standards for
existing dams, the DOTD recognizes that it is not practical
to require all dam owners to immediately retrofit their
structures to meet new minimum Inflow Design Flood
standards.
B. An "Impoundment Permit" is required for existing
dams and will be issued after reviewing all historical data
(designs, plans, specifications, operation and maintenance
records, etc.) and performing a technical inspection (or
inspections) to adequately assess the safety of the dam. The
owner shall provide all historical data, if available.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1239 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§725. Emergency Preparedness Plan
A. An Emergency Preparedness Plan is required for all
dams and reservoirs both existing and new construction. The
plan will comply with the guidelines of the current issue of
Louisiana's Emergency Action Plan Guidelines, available
from the Director of Public Works and Flood Control, and
shall be submitted as a necessary component of the
maintenance and operating procedures and as a condition of
the permitting process. It is the owner's responsibility to
assure that the provisions of the Emergency Action Plan are
implemented in the event of an emergency situation.
B. A breach analysis is required to develop the
emergency preparedness plan. The breach analysis will
establish the magnitude of the inundated area (inundation
map), peak flood elevations and arrival times of the peak
flood elevations at critical locations. The worst case scenario
breaching event will be somewhere between the "sunny day"
breach and that event above which a breach of the dam does
not increase hazard to downstream interests. If the dam
owner prefers to perform only one breach analysis rather
than performing incremental analyses to discover the worst
case scenario breaching event, he may perform a breach
analysis where the tail water is at the average annual
elevation and the reservoir is at maximum design surcharge.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1239 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
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§727. References
A. Jerrold W. Gotzmer, William C. Jenkins, Ramon G.
Lee, Joseph R. McCormick, Harvey H. Richardson, and
David L. Sveum, Training Aids for Dam Safety, Module:
Evaluation of Hydrologic Adequacy, Interagency Committee
on Dam Safety (Available from: Louisiana Transportation
Research Center, 4101 Gourrier, Baton Rouge, LA 70808,
telephone (225) 767-9131).
B. Peter G. Grey, Terry G. Fairbanks, Tasso Schmigall,
and Charles D. Wagner, Training Aids for Dam Safety,
Module: Evaluation of Hydraulic Adequacy, Interagency
Committee on Dam Safety (Available from: Louisiana
Transportation Research Center, 4101 Gourrier, Baton
Rouge, LA 70808), telephone (225) 767-9131).
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1240 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
Subchapter B. Figures and Forms
§729. Appendix 1, Structures―Approved Permit
A. Structures that are required to have an approved
permit under the State Dam Safety Program.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1240 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§731. Appendix 2, Structures―Chief Engineer Review
A. Structures that must be submitted to the Chief
Engineer for review under the State Dam Safety Program.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1240 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§733. Appendix 3―Procedural Sequence
A. Applicant or his Engineer submits "Letter of Intent."
B. Applicant or his Engineer submits "Pre-Application
for Construction of Dam."
C. Applicant publishes "Notice of Application" and a
"Public Hearing(s)" is (are) held.
D. Applicant or his Engineer submits "Designs, Plans
and Specifications" as follows and submits "Application for
Construction of Dams."
1. "Impact (Hazard) Classification.
2. Determination of controlling design condition and
associated storm runoff.
3. Setting of spillway and stilling basin widths and
elevations, top of embankment elevation, and normal pool
stage.
4. Plans, Specifications, Designs and other Submittals.
E. The DOTD issues "Approval or Denial of
Application"; Approval is an "Approval for Construction."
F. Construction begins; Applicant or his Engineer
performs "Construction Inspections."
G. If "Deficiencies" are found by the DOTD, Applicant
or Applicant's Engineer; then the Applicant or his Engineer
shall correct the deficiencies.
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H. Supervision of Construction by the Owner.
I. Applicant or his Engineer submits "Notice of
Completion" and "As-Built Drawings" and revised
"Application for construction of Dam."
J. The DOTD issues "Certificate of
Completion/Impoundment Permit."
K. Applicant or his Engineer submits "Maintenance and
Operation Procedures" for the DOTD's approval.
L. Applicant or his Engineer submits "Emergency
Preparedness Plan" for the DOTD's approval.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1241 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§735. Appendix 4―Pond Data Sheet
Date: ____________
Dam Safety Administrator
Louisiana DOTD
P. O. Box 94245, Capitol Station
Baton Rouge, Louisiana 70804-9245
RE: Pond Construction
I am aware that the design, construction and operation of all
dams within Louisiana is regulated by the Rules and
Regulations for Dam Safety Program as developed by the
State of Louisiana, Department of Transportation and
Development. I am also aware of the liability that is associated
with owning a dam.
Since I am receiving design and construction assistance
from the National Resources Conservation Service, the dam
described below is excluded from the approval process
outlined in the Dam Safety Regulations. However, if for some
reason (such as a land use change) the dam no longer comes
within the criteria of the National Resources Conservation
Service National Handbook for Conservation Practices-
Standard 378, I agree to modify the structure if necessary to
comply with the requirements of the Dam Safety Regulations.
I also agree to allow access for inspection of this structure.
Sincerely,
OWNER
DAM LOCATION:
DESCRIPTION:
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1241 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§737. Appendix 5―Notice of Application
Pursuant to the Rules and Regulations of the Louisiana
Dam Safety Program as established by R.S. 38:21-28
interested parties are hereby notified that a "Letter of Intent"
and a "Pre-Application for Construction of Dam" have been
received by the DOTD Public Works and *Flood Control
Directorate to construct the proposed Dam and Reservoir Pre-
Application Number PA _____ located in Section _____ ,
Township ____ , Range _____ , Parish _____ .
Applicant:
(Name)
(Address)
(Phone)
Purpose and Brief Description of Dam:
All interested parties are hereby notified that a public
hearing on the application will be held at __ p.m. on ___ at
_______.
Any interested party shall have the right to request a public
hearing on the application. Requests for additional public
hearings must be in writing and must be submitted no later
than the close of the public hearing on ____ . Letters must
state, with particularity, the reasons for holding a public
hearing, applicant's name and pre-application number. On
receiving a written request for an additional hearing(s) within
the time limits set forth in this notice, the DOTD Public Works
and *Flood Control Directorate shall set a date, time and place
for conducting a hearing on the application. During the
hearings, any interested party shall have the right to protest the
application and to appear and present evidence and testimony
in support of such protest.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1241 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§739. Appendix 6―Minimum Required Submittals
A. All structural, geotechnical, hydrologic and hydraulic
design calculations. An engineer's report shall also be
submitted which summarizes the design analyses and shall
include, but is not limited to, the following:
1. Formulas, methods and basic data assumptions used
in the designs.
2. List of all pertinent design codes.
3. Summary tables which list design load cases,
computed design factors of safety and required factors of
safety as specified in these rules and regulations or required
by pertinent design codes.
4. All other information which aided in evaluating the
design, supported assumptions and conclusions, and will
facilitate an independent review.
B. Plans with sufficient details to construct all features of
the dam in accordance with the design intent. Also, the plans
shall include details to construct a permanent reference mark
(bench mark) near, but separate from, the project. The exact
location and elevation above mean sea level must be noted
on the "as-built" plans.
C. Specifications with sufficient details to construct all
features of the dam in accordance with the design intent. The
specifications shall also provide that the plans and
specifications may not be changed without prior written
approval by the DOTD.
D. Document(s) to show proof of ownership.
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E. An inspection plan specific to the construction
activity. The inspection plan is to detect deficiencies or
situations that may result in a threat to life and property.
F. An emergency action plan specific to the construction
activity. The inspection plan in Item 5 is part of the
emergency action plan under this Item.
G. If the applicant has an agreement or contract with
another entity who will be responsible for the operation and
maintenance of the dam, the applicant must provide copies
of the agreement or contract document(s).
H. If the applicant is constructing the dam for the
specific purpose of transferring ownership to a homeowners'
association, a landowners' association, or any other entity,
the applicant must provide a document which clearly states
his intent, i.e., a dam which is constructed for a subdivision
development where ownership will be transferred to a
homeowners' association.
I. All other "Permits" required to construct the dam and
"Letters of No Objection" which were obtained from various
regulatory entities.
J. "As-Built" plans.
K. "Operation and Maintenance Manual".
L. "Emergency Preparedness Plan".
NOTE: The applicant should submit two copies of all
preliminary submittals. The applicant must submit five copies
of all final submittals.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1241 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§741. Appendix 7―Letter of Intent
Purpose: To notify the Louisiana Dam Safety
Program of the applicant's intent to
construct, enlarge, alter, repair or
remove a dam within the state.
Address To: Louisiana Dam Safety Program
Louisiana Department of Transportation
and Development
Public Works and Flood Control
Directorate
Box 94245
Baton Rouge, LA 70804-9245
Contents: 1) Name of proposed or existing dam
2) Purpose of dam:
3) Owner's:
Name:
Address:
Telephone:
4) Location of dam (section, township,
range, parish).
5) Brief description of proposed dam
construction, enlargement, alteration,
repair or removal.
*6) Height of Dam (height in feet from top of
dam to lowest point at downstream toe of
dam).
*7) Reservoir Capacity (volume in acre-feet
with water at top of dam).
NOTE: *Items 6 and 7 can be approximated at this time.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1242 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§743. Appendix 8―Letter of "Notice of Completion
and As-Built Drawings"
Purpose: To notify the Louisiana Dam Safety
Program that the construction of the
subject project is complete and to certify
that said construction was done in
accordance with the approved designs,
plans, drawings and specifications.
From: Applicant's Consulting Engineering Firm
(letter must be signed and sealed by a
Registered Professional Civil Engineer
licensed in the State of Louisiana).
Address to: Louisiana Dam Safety Program
Louisiana Department of Transportation and
Development
Public Works and *Flood Control Directorate
Box 94245
Baton Rouge, LA 70804-9245
NOTE: As-Built Drawings must be received by the DOTD
Public Works and *Flood Control Directorate within 30 days
after completion.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1242 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§745. Appendix 9―Letters of No Objection and Other
Permits
A. The applicant must forward copies of the pre-
application to the appropriate state, federal and local
agencies to obtain letters of no objection and/or permits as
required by these agencies. Copies of the letters of no
objection and permits must be submitted to the Louisiana
Dam Safety Program as part of the applicant's application
under this program.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1242 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
§747. Appendix 10―Minimum Hydrologic and
Hydraulic Submittals to Establish Impact
Classification and Inflow Design Flood (IDF)
A. Since the required submittals may vary for each dam,
it is recommended that applicant or his engineer obtain
copies of references Number 1 and 2 of the Dam Safety
Rules and Regulations. After reviewing these documents, the
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Louisiana Administrative Code March 2013
55
applicant or his engineer is advised to contact the Dam
Safety Program of the Water Resources Design and
Development Section of the DOTD for further guidance.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:24.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
22:1242 (December 1985), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005).
Chapter 9. Hurricane Flood Control
Protection Program Rules
§901. Framework for Receipt and Evaluations of
Funding Applications
A. Applications are to be prepared in accordance with
the provisions of R.S. 38:244.
B. Applications may be submitted beginning November
1, 2006, to Hurricane Flood Protection Program, 8900
Jimmy Wedell Drive, Baton Rouge, LA 70807.
C. The Office of Public Works, Hurricane Flood
Protection and Intermodal Transportation shall evaluate the
applications in accordance with the provisions of R.S.
38:244 with points established as follows.
1. Documentation of Flood Problem―20 points
maximum.
2. Local Support―5 points maximum.
3. Technical Feasibility―45 points maximum.
4. Prevention of Loss of Life and Improved Public
Safety―5 points maximum.
5. Environmental Effects and Impact on
Development―15 points maximum.
6. Projects Recommended But Not Funded―10 points
maximum.
D. The following guidelines will be used by the
Evaluation Committee to rate applications to the program.
This scoring procedure pertains to projects which meet the
legislative intent of the program. Projects that are
engineeringly unsound, cause unreasonable flooding in other
areas, cause unacceptable or unmitigable environmental
damages or otherwise do not meet the objectives of the
program will not be scored.
1. Documentation of the Flood Problem category
takes into consideration the adequacy of documentation
which demonstrates the existence and severity of risk of
flood damages from hurricanes.
2. Local Support category takes into consideration the
following:
a. letters of support on file from the respective
legislative delegation;
b. no letters of objection from public officials,
neighboring authorities, citizens groups, etc.; and
c. multiple sponsorship.
3. Technical Feasibility category takes into
consideration the following:
a. completeness of project design;
b. due consideration of alternatives (structural and
non-structural);
c. compatibility of the project to other federal, state
and local projects; and
d. impact on flooding in areas upstream,
downstream and adjacent to the benefited area.
4. Prevention of Loss of Life category takes into
consideration the following:
a. historical losses of life that may have been
prevented by the project; and
b. the degree of success of the project at
maintaining access to vital services such as hospitals, and
protection of evacuation routes.
5. Environmental Effects and Impact on Development
category takes into consideration the following:
a. no letters of objection from public agencies;
b. no impact on special historical, archeological,
geological features, or environmentally sensitive areas; and
c. effectiveness of the project in relation to
encroachment into flood prone area (i.e., 100 year
floodplain).
6. In the Projects Recommended but not Funded
category, points may be added for each year (up to a four
year maximum) that the proposed project has been on the list
of recommended projects but has not received funding.
E. Procedure for Application Evaluation Form―Part B
1. Ratings are computed on the basis of potential
damage reductions associated with the design flood and do
not include efforts to annualize benefits and costs.
Part B Score = Total Damages* X 90
Total Construction Cost 90 - (PLM 10)
PLM = percent local match
*Total damages are any damages from the design storm which
will be prevented by the project including agricultural crop
and land damages, agricultural building damages, damages
to residential, commercial, public and other buildings;
damages to roads, damages to buildings, and damages to
industries.
F. Application Evaluation Form―Total Score
1. The score from Paragraph C is multiplied by the
score in Paragraph E to obtain a total score. This score is an
absolute score and not a score relative to when the
application was submitted.
G. A recommended list of projects shall be submitted to
the Coastal Protection and Restoration Authority and public
hearings will be held as required.
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H. Upon funding by the Legislature, the Office of Public
Works, Hurricane Flood Protection and Intermodal
Transportation will enter into funding agreements with the
sponsors establishing the duties and responsibilities of each
and providing program funds not to exceed the amount made
available by the legislature.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:241-248.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
33:535 (March 2007).
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57
Title 56
PUBLIC WORKS
Part III. Flood Control and Water Management
Subpart 2. Port Construction and Development Priority Program
Chapter 21. Louisiana Port
Construction and Development
Priority Program
§2101. Definitions
[Formerly §2103]
Committee―Joint Legislative Committee on
Transportation, Highways and Public Works.
Council―Legislative Audit Advisory Council.
Deep Draft Port―a port capable of accommodating
vessels of at least 25 feet of draft and of engaging in foreign
commerce.
Department―the Louisiana Department of Transportation
and Development.
Joint Legislative Committee―see Committee.
Port―a harbor town or city where ships may take on or
discharge cargo.
Port Authority―the governing body of any port area or
port, harbor, and terminal district.
Procedural Manual―a manual entitled, Louisiana Port
Construction and Development Priority Program Procedural
Manual for Funded Projects, which is used to implement
projects funded by the program.
Program―Louisiana Port Construction and Development
Priority Program.
Project―that activity that derives benefits to the state
after an investment of program and port funds. The port
funds may include federal monies.
Project Agreement―the agreement between the
department and port authority that states the authorities and
responsibilities of each party in implementing a project that
is funded in part by the Louisiana Port Construction and
Development Program. The format is as shown in the
procedural manual.
Shallow Draft Port―a port that is not capable of
accommodating vessels of 25 feet of draft or is not engaged
in foreign commerce.
Total Project―that activity that derives benefits to the
state after an investment of program, port, and other public
and private funds.
Transportation Trust Fund―a fund created by a
constitutional amendment passed by the voters on October 7,
1989 which dedicated $16 of the gasoline/motor fuel tax to
construction and maintenance of state and federal highways
and bridges, statewide flood control, ports, airports, transit,
state police for traffic control, and parish roads.
AUTHORITY NOTE: Promulgated in accordance with R.S.
34:3451-3463.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Division of Flood Control and
Water Management, LR 17:274 (March 1991), amended LR 18:750
(July 1992), repromulgated by the Department of Transportation
and Development, Office of Public Works, LR 31:942 (April 2005),
LR 34:1039 (June 2008).
§2103. Creation of Priority Program
[Formerly §2101]
A. Creation of Priority Program
1. The Louisiana Port Construction and Development
Priority Program was created by Act 452 of the 1989
Regular Session. Before this program, the state funded ports
projects through the Capital Outlay Program without
requiring any feasibility studies. From 1977 to 1984
Louisiana expended more funds for ports than any other
state in the union. For this period Louisiana spent
$25,985,000 on shallow draft ports and $173,424,000 on
deep draft ports for a total of $199,409,000.
1
2. The creation of the Port Construction and
Development Priority Program changed the method by
which Louisiana participated in port improvements. The
feasibility of proposed port projects must now be determined
and the projects must be prioritized. The source of state
funds for the Louisiana Port Construction and Development
Priority Program is the Transportation Trust Fund. Revenue
accrues to the Transportation Trust Fund through the
collection of taxes placed on the sale of gasoline.
3. In general, the purpose of a priority program is to
disburse funds to projects that have the highest prospects of
success as determined by objective standards such as
technical and financial feasibility and overall impacts. A
priority program also defines the standards by which these
projects are evaluated and provides the mechanisms to
conduct the evaluation according to an accepted
methodology. Moreover, a priority program's application
process may serve as a means to determine whether
proposed projects are even eligible for funding under the
program as well as provide the basis for maintaining a
current inventory of facilities that can be used for future
purposes.
4. The components of a typical priority program
includes legislative authorization, a set of rules and
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58
regulations governing the program's implementation, an
application process, an evaluation procedure, a prioritization
of projects, funding, and finally implementation.
5. With regard to Louisiana's port priority program,
many of the overall requirements and procedures are similar
to other priority programs. However, Louisiana's program
specifically emphasizes the need of equitable rationalization
of state expenditures in order to avoid duplication of port
infrastructure. In addition, because ports are dynamic
economic entities, Louisiana's port priority program provides
for rigorous analysis of forecasted project benefits in order
to ensure the overall impact of the project on the state will
be positive, providing maximum benefits for the state.
Finally, because effective project implementation is as
important to the success of the program as project
prioritization, the Louisiana port priority program stipulates
strict procedures for the planning and construction of funded
projects as well as the operation of maintenance of the
completed project.
B. Port Project Evaluation Methodology
1. R.S. 34:3451 et seq., requires that the Department
of Transportation and Development (department) develop
procedures for review and a methodology to evaluate port
projects which are seeking state funds.
2. Procedures to review and evaluate port project
applications for funding shall be submitted to the Joint
Legislative Committee on Transportation, Highways and
Public Works. Before implementing these procedures, the
approval of the committee shall be obtained in accordance
with the Administrative Procedure Act.
3. The department may contract with the Louisiana
State University National Ports and Waterways Institute for
any of the duties associated with the development of the port
priority program. These activities may include but are not
limited to the development, review, and evaluation of plans
and specifications and the development of the port program
list. However, the final determination of the port priority list
shall remain with the department and the Joint Legislative
Committee as provided by Act 452.
4. An inventory of ports, navigable waterways, and
water transportation facilities shall be maintained. Both
private and public facilities shall be included. Information
such as location, capacities, and capabilities shall be
included. The department shall also serve as a clearinghouse
for inquiries for ports and waterways information.
5. Each year, the department shall prepare a summary
report of financial requirements for expanding or renovating
existing ports and waterways facilities and constructing new
ones. The financial requirements shall be separated into
state, federal, local and private funds required.
C. Program Procedures
1. Any port authority may submit an application for
funding to the department except as provided below.
Applications shall be submitted by the first of March, June,
September and December of each calendar year for
consideration in the following fiscal year. The application
shall include a description of the project, demonstration of
immediate need, preliminary design, cost estimate, and a
description of the project area.
2. Except as provided herein, port authorities cannot
submit an application if any of the following are true.
a. On the recommended construction program, the
port authority has a balance of Louisiana's funding share
equal to or more than the single project maximum legislative
funding authority established by the department.
b. The application to be submitted will cause the
port authority to have a balance of Louisiana's funding share
greater than the single project maximum legislative funding
authority established by the department.
c. The port authority has a project that may be
canceled under Section VI, Distribution of Funds.
3. If a port authority or its application meets one of
the aforementioned factors, it may submit an informal
application by December 1 and request that it be reviewed
and evaluated in the event that the department has not
received sufficient project applications to meet the estimated
funding level for the fiscal year. Projects submitted under
this provision will receive a lesser priority than other
projects on the list. If more than one port authority submits
an application under this provision, then the applications that
were submitted as informal with the highest evaluation
scored will be recommended in their order of score until the
estimated funding level has been met. The remaining
applications will not be eligible for the Recommended
Construction Program.
4. The Louisiana Department of Transportation and
Development shall review the applications. Applications
shall not be subjected to a formal review and evaluation until
the information required in the application has been
submitted. Applications shall also be reviewed by any
appropriate state agencies.
5. The act provides for the submittal of a list of
recommended projects in prioritized order to the Joint
Legislative Committee. The committee will hold public
hearings to obtain public input concerning the priority list.
After the hearings and before the convening of the regular
session, the department shall prepare a recommended
construction program for the coming fiscal year and submit
it to the joint legislative committee. When the recommended
construction program is presented to the legislature for
funding, the legislature cannot add any projects to the
program.
6. Upon funding by the legislature, the department
shall enter into an agreement with the port authority to
participate in the construction of the project. The port
authority shall provide 10 percent local match for the cost of
constructing the project, and shall furnish all lands,
easements, rights-of-ways, and spoil disposal areas at no
cost to the state unless said items are critical to the project.
The port authority also shall operate and maintain the facility
without cost to the state.
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59
7. Port authorities domiciled in a parish with a
population of 50,000 or more shall be responsible for the
preparation of plans and specifications, for letting of bids for
construction, and for construction observation. Port
authorities domiciled in a parish with a population less than
50,000 may request the department to prepare plans and
specifications, to let the project for bids, and to observe
construction. The engineer that prepared the plans will
inspect the work and certify that the project complies with
the plans and specifications upon completion.
8. All contracts for construction shall be advertised
and awarded in accordance with R.S. 38:2212 et seq.
9. Projects which are funded by this program shall
begin in the fiscal year that the appropriation is made.
Execution of an agreement with the department and receipt
of preliminary plans by the department shall indicate that the
project has begun. These preliminary construction plans
differ from the plans submitted in the application in that they
are more advanced.
D. Auditing Funds. Funds shall be audited biannually by
legislative auditor or certified public accountant in
accordance with R.S. 24:513(A) and distributed in
accordance with R.S. 24:516(A). The audit shall include an
investigation of any failure to comply with the
recommendations of the department in planning, design, and
construction of the port project. Port authorities shall certify
annually that the funds made available have been expended
according to law.
E. Misuse of Funds. The legislative auditor shall report
any misuse of funds to the Legislative Audit Advisory
Council. The council shall determine if in fact funds have
been misused. If funds have been misused, the council will
instruct the state treasurer to suspend the distribution of
funds. The council shall also advise the local district attorney
of the misuse. The district attorney will take appropriate
actions.
1
Port and Waterways Institute, Louisiana Statewide Ports
Assessment, 2 vols., (Baton Rouge: Louisiana State
University, 1986), 11, 88.
AUTHORITY NOTE: Promulgated in accordance with R.S.
34:3451-3463.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Division of Flood Control and
Water Management, LR 17:274 (March 1991), amended LR 18:749
(July 1992), repromulgated by the Department of Transportation
and Development, Office of Public Works, LR 31:942 (April 2005),
LR 34:1040 (June 2008).
§2105. Program Procedures
A. Application
1. Any Louisiana port authority may submit an
application for funding to the department, except as provided
below. Applications may be submitted on a quarterly basis to
the department no later than the first of March, June,
September and December of each calendar year for
consideration of funding or funding obligation authority in
the following fiscal years. The application shall include a
description of the project, demonstration of immediate need,
benefits to be derived, preliminary design, cost estimate, and
a description of the project area.
2. Except as provided herein, port authorities cannot
submit an application if any of the following are true.
a. On the recommended construction program, the
port authority has a balance of Louisiana's funding share
equal to or more than the single project maximum
Legislative Funding Authority established by the
department.
b. The application to be submitted will cause the
port authority to have a balance of Louisiana's funding share
greater than the single project maximum Legislative Funding
Authority established by the department.
c. The port authority has a project that may be
canceled under Section VI, Distribution of Funds.
3. If a port authority or its application meets one of
the aforementioned factors, it may submit an informal
application by December 1 and request that it be reviewed
and evaluated in the event that the department has not
received sufficient project applications to meet the estimated
funding level for the fiscal year. Projects submitted under
this provision will receive a lesser priority than other
projects on the list. If more than one port authority submits
an application under this provision, then the applications that
were submitted as informal with the highest evaluation
scores will be recommended in their order of score until the
estimated funding level has been met. The remaining
applications will not be eligible for the Recommended
Construction Program.
B. Review and Evaluation of Applications. The
Louisiana Department of Transportation and Development
shall review the applications. Only applications which are
complete, as determined by the department, shall be
reviewed and evaluated. Applications shall also be reviewed
by any appropriate state agencies.
C. List of Recommended Projects and Public Hearings
1. After receipt of applications by the department, the
applications shall be reviewed. Only applications which are
complete shall be evaluated and prioritized. Each quarter the
department shall prepare furnish a prioritized list of projects,
based on the applications received for that quarter, to the
Joint Legislative Committee. Only projects that have met all
program requirements as described herein under "Program
Requirements" will be recommended. Multi-year projects
that have been partially funded by the program shall receive
higher priority than new projects in the next funding cycle.
The Joint Legislative Committee will receive the prioritized
list of projects from the department for each of the first three
quarters of the year and shall call a public hearing within 30
days of receiving the list in order to receive public testimony
regarding any project on the list. At such hearing, the joint
committee will vote to accept, reject or modify the list. Each
quarter, the department shall reprioritize the list of projects
to reflect the cumulative list of projects recommended by the
department.
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2. After application recommendations for the last
quarter are made, the department shall submit the final Port
Construction and Development Priority Program to the joint
committee for approval. Multi-year projects that have been
funded by the program shall receive higher priority than new
projects.
3. Prior to the convening of the regular session of the
legislature, the Joint Legislative Committee shall hold a
public hearing for the purpose of reviewing the final
program for the ensuing fiscal year. Prior to such hearing,
the department shall publish the appropriate official notice in
the necessary journals. Projects recommended but not
funded will be included in the list of recommended projects
for the following year and will receive priority over newly
funded projects.
D. Construction Program
1. After reviewing the public input, the Joint
Legislative Committee shall recommend to the legislature a
construction program prepared by the department from the
list of recommended projects. Projects recommended but not
funded will be included in the list of recommended projects
for the following year. If a recommended project remains
unfunded after four years and has not begun construction
under the reimbursement provisions set forth in the Section
on "reimbursement" and the port authority still desires to
proceed with the project, a new application will be required.
E. Project Agreements
1. Funded Projects Agreements. Prior to the
commencement of any work, the port authority shall enter
into a project agreement with the department whereby the
port authority agrees to the following:
a. to provide at least 10 percent local match for the
cost of constructing the project;
b. agrees to obtain all necessary permits for project
construction;
c. agrees to furnish all lands, easements, rights of
way, and spoil disposal areas necessary to construct and
maintain the project without cost to the state, unless said
items are critical to the project; and
d. agrees to assume all maintenance and operations
costs and future alterations as may be required without cost
to the state and agrees to implement the project in
accordance with the procedures manual. The port authority
shall not use state funds from any source in providing its
local match.
2. Reimbursement Project Agreements. If program
funds are not sufficient to provide funding for a project
recommended by the department and approved by the Joint
Legislative Committee and the port authority desires to
construct the project with other funding and be reimbursed
when the program funds are available, then a reimbursement
agreement must be executed with the department prior to the
commencement of any work. By executing this agreement,
the port authority certifies that:
a. it has sufficient resources to finance 100 percent
of the project cost through completion or through
completion of an approved phase;
b. it agrees to furnish all lands, easements, rights of
way, and spoil disposal areas necessary to construct and
maintain the project without cost to the state, unless said
items are critical to the project; and
c. it agrees to assume all maintenance and
operations costs and future alterations as may be required
without cost to the state and agrees to implement the project
in accordance with the procedures manual. (See also the
Section entitled "Reimbursement".)
F. Project Implementation. Upon executing the project
agreement for funding with the department, the port
authority shall insure that the Louisiana Port Construction
and Development Priority Program Procedures Manual for
Funded Projects is adhered to in the preparation of the plans
and specifications, advertising for bids, awarding of a
contract and construction observation. This manual will be
made available to all port authorities designed to receive
program funds.
AUTHORITY NOTE: Promulgated in accordance with R.S.
34:3451-3463.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Division of Flood Control and
Water Management, LR 16:695 (August 1990), amended LR
18:751 (July 1992), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended LR 34:1041 (June 2008).
§2107. Program Requirements
A. General Requirements. In order for the department to
be able to adequately assess the merits of the proposed
project, applications must be complete and verifiable. The
responsibility to provide complete, accurate, and
documented data on each project, as defined herein, rests
solely with the port authority submitting the applications for
funding.
B. Specific Requirements
1. Project and Total Project
a. For purposes of this program, a "project" is that
activity that derives benefits to the state after an investment
of program and port funds. "Project" refers to that portion of
the total project for which the port is seeking program funds
from the department. The amount of program funds required
is used in calculating the cost benefit ratio which is used for
ranking projects.
b. The "total project" is that activity that derives
benefits to the state after an investment of program, port and
other public and private funds and its cost is used to
determine if the requirement for a minimum cost benefit
ratio of one is met except as provided herein in references to
benefit-cost ratio for projects with a private investment equal
to or greater than the program share. The "total project"
includes all improvements that are necessary for both the
public and private sectors in order to derive the benefits
identified in the application.
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2. Local Match
a. Each port authority shall provide a local match of
at least 10 percent of the cost of constructing the project.
Funds obtained from federal or other non-state sources (i.e.,
private donations) may be used for the local match. State
funds cannot be used as local matching funds. Prior to
advertisement for bids, verifiable evidence shall be
submitted indicating that all non-program funds are in hand
or are readily available.
b. A port authority may provide a local match
greater than 10 percent. Since the state's investment is the
cost in calculating the benefit-cost ratio, the cost/benefit will
be greater if the port elects to provide a larger local match. A
higher cost/benefit will result in a higher evaluation score.
3. Land Acquisition
a. Land acquisition shall be eligible for funding
only when in the judgment of the department it is an integral
component of a project and critical to its development. Land
acquisition that is not a critical component of a project or
that is intended to be used for future expansion of port
facilities is not eligible for funding. An application must be
developed which presents costs, benefits and other date for
the total project.
4. Port-Owned or Public Land
a. Port improvements funded through the Port
Construction and Development Priority Program shall be
built, installed, and/or implemented only on port-owned
lands or public lands. Public lands are lands owned by public
organizations which are authorized by law to perform
governmental functions.
b. Prior to advertisement for bids, port authorities
shall submit verifiable evidence that they either own the land
or they have entered into an agreement with the public body
that owns the land.
5. Number of Applications. An application shall be
prepared for each project. If a port authority submits more
than one application in a given quarter, the port authority
shall prioritize them for review purposes. The top priority
project shall be labeled "Priority One" on the title sheet of
the application. The next priority project shall be labeled
"Priority Two", etc. Due to time constraints and available
personnel to evaluate the applications, the department may
restrict the evaluation to only the top two priority projects
per port in a given application year.
6. Types of Projects. The types of projects that shall
be funded by the program shall be limited to the
construction, improvement, capital facility rehabilitation,
and expansion of publicly-owned port facilities including
intermodal facilities and maritime-related industrial park
infrastructure development, such as wharves, cargo handling
capital equipment, utilities, railroads, primary access road,
and buildings which can be shown to be integral components
of any port project submitted for funding.
7. Navigation Projects. Funding from the program will
not be integrated with or used for the state sponsorship (state
matching basis for federal appropriation) for new
construction and/or maintenance dredging on federally
authorized navigable waterways.
8. Project Commencement. At the application state,
projects must be developed sufficiently to allow them to
commence within the fiscal year that they are funded.
Execution of the project agreement with the department and
receipt of preliminary plans by the department shall
constitute commencement. Preliminary plans at this stage
must be more advanced than plans submitted with the
application. Projects that do not commence within the fiscal
year that they are funded will result in forfeiture of program
funds.
9. Forfeiture of Program Funds
a. If a port authority does not execute the project
agreement furnished by the department and return it to the
department within 90 days of being mailed to the port
authority, then the state funds authorized from the Port
Construction and Development Priority Program may be
forfeited.
b. If a project is not commenced within the fiscal
year that it is funded, then the state funds authorized by the
program may be forfeited. A project is considered to have
commenced upon delivering the executed project agreement
and the preliminary plans to the department. Preliminary
plans submitted with the application shall not meet this
requirement.
c. If a project is canceled due to not beginning
construction within the time frames provided for under the
Section on distribution of funds, program funds may be
forfeited. Projects which are canceled and program funds
forfeited in this manner shall be treated in accordance with
the provisions of R.S. 34:3456(A).
d. Advertising a project for bids to construct the
project prior to obtaining written notice from the department
may result in forfeiture of program funds.
10. Selling Lands, Facilities, etc. Should a port
authority sell or dispose of any lands, facilities, etc., that
have been funded in part by the Port Construction and
Development Priority Program, then the port authority shall
reimburse the department for the percentage of project life
remaining at the time of the sale. The project life shall be
20 years for structures and 10 years for equipment unless a
different period of time is specified in the evaluation of the
project.
11. Maintenance. The port authority is responsible for
maintenance and will structure its revenue rates to
adequately fund maintenance costs. The port authority may
execute an agreement with a tenant providing for
maintenance of the project to be funded by the tenant. If
such an agreement is executed, then the expenses used for
the evaluation of the project will be reduced as explained
herein in the Section entitled "Minimum Return on the
State's Investment."
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12. Discount Rate. The discount rate used in the
evaluation process shall be based on the interest rate paid on
20-year U.S. Treasury Inflation Protected Securities (TIPS)
which is currently 2.375. The rate will be evaluated every
two years and may be adjusted by agreement between the
department and the Ports Association of Louisiana (PAL).
The adjusted rate will be available from the department upon
request.
13. Minimum Return on State's Investment. The
minimum rate of return for the state's investment shall be the
discount rate as stated herein. This evaluation shall be based
on no growth. In calculating the rate of return for this
criteria, the cost shall be the total program funds invested.
The benefits for this calculation shall be the port revenues
less expenses associated with the proposed project. Expenses
shall include maintenance and expected operational costs.
Generally, the minimum allowance for expenses will be no
less than the project cost divided by the project life. If the
port authority executes a conditional lease with the tenant
and the tenant provides all maintenance, then the minimum
expense may be one-half of the project cost divided by the
project life. Also, see "Private Investment." The evaluation
period shall be the life of the project. If the port sells bonds
in order to finance all or a portion of the private investment,
only revenues in excess of debt service, operating expenses
and satisfaction of bond buyer reserve accounts may be used
to determine the return on the state's investment. The
minimum rate of return is calculated without growth and
without additional inflation. The port should establish its
fees based upon inflation and market conditions.
14. Benefit-Cost Ratio. Only projects that have a
benefit-cost ratio equal to one or more shall be funded by the
Port Construction and Development Priority Program. In
calculating the B/C for this criteria, the cost is the total
investment, both public and private, required to implement
the total project and derive the benefits. For projects that
have a private investment that is equal to or greater than the
amount of program funds required, the project may be
exempted from this requirement. If exempted the project
must meet a program benefit-cost ratio equal to one or more.
The cost for the program benefit-cost ratio is equal to the
amount of program funds required for the project.
15. Monitoring
a. For five years after completion of a project
funded by the Port Construction and Development Priority
Program, the port authority shall submit to the department a
report comparing the actual benefits derived with the
estimated benefits associated with the project. This report
shall be submitted in accordance with the current edition of
the Louisiana Port Construction and Development Priority
Program Procedures Manual for Funded Projects. The source
of data for the actual benefits shall include audited financial
statements and other statements from the port authority.
Significant deviations will be noted and proposed corrective
actions, if needed, will be indicated. The report shall be
certified true and correct by the executive director of the port
authority.
b. Port authorities that do not comply with this
provision will be ineligible to participate in the program
until they are determined to be in compliance by the
department. The department may audit the reports at
program expense.
16. Private Investment. If the private investment
exceeds the program investment, then the deduction for
expenses may be reduced by the factor derived by dividing
the program investment by the private investment. Also,
refer to Section 14 "Benefit-Cost Ratio" for possible
exemptions to the benefit-cost ratio required for funding.
17. Conditional Projects
a. Projects that meet all of the following conditions
may be considered conditional projects:
i. the project must have a total project cost of at
least $15 million;
ii. the private investment must meet or exceed the
program share;
iii. the participation of the private sector is
contingent upon the availability of program funds, and
iv. the application must demonstrate that all
parties worked diligently to submit a complete proposal, but
due to factors beyond their control, private sector/local share
of funding is not assured.
b. A project that meets the above criteria may be
evaluated as having immediate need if all other program
requirements are met except the availability of the local
and/or private share. If it meets all other requirements and is
incorporated into the priority list recommended to the
legislature, it will be designated as a conditional project. The
sponsor will have 18 months from the date of the letter from
the department notifying them of the project's funding to
submit documentation that arrangements for the private
sector and local share have been finalized. If after 18 months
the documentation has not been submitted to and approved
by the department, project funding will be withdrawn. If the
sponsor desires to seek funding for the project, it will have
to submit a new application and compete as a new project.
The department may limit funding for these projects to a
token amount based on availability of funding.
AUTHORITY NOTE: Promulgated in accordance with R.S.
34:3451-3463.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Division of Flood Control and
Water Management, LR 18:751 (July 1992), repromulgated by the
Department of Transportation and Development, Office of Public
Works, LR 31:942 (April 2005), amended LR 34:1042 (June 2008).
§2109. Application
A. General Instructions
1. Applications may be submitted to the department
quarterly no later than the first of March, June, September
and December of each calendar year for consideration for
funding the following fiscal year. Contact the Office of
Public Works, Hurricane Floods Protection and Intermodal
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Louisiana Administrative Code March 2013
63
Transportation for the current address. The application shall
be submitted in the format as shown and as follows:
Number of copies: Original and three copies
Time: Before 4 p.m. on the 1st of March,
June, September and December
B. Contents. All pages in the application shall be
numbered and the application shall be bound. Applications
shall be submitted in the following format.
Application Format
All applications submitted for funding through the Port
Construction and Development Priority Program shall be
prepared in accordance with the following format:
1. Title Page
a. Parish
b. Project Name
c. Priority
d. Application Title
e. Name of Port Authority
f. Legislative Delegation
g. Preparer
h. Date
2. Description of Proposed Project
a. Nature and Goals
b. Funds Requested
c. Alternatives
d. Adequacy of Components
3. Demonstration of Immediate Need for Project
a. Cargo History
b. Market Analyses
i. Extrapolation from Past Trends
ii. Diverted Cargo
iii. Generated Cargo
iv. Origins/Destinations
v. Cargo Handling Revenue
c. Industrial Development
d. Prospective Industrial Tenants
e. Letters of Commitment
f. Other Factors
4. Preliminary Design, Plans and Cost Estimate
a. Design Criteria
b. Design Calculations
c. Preliminary Construction Plans
d. Cost Estimate
e. Progress Schedule
5. Determination of Benefits to the State
a. Revenues and Expenses
b. Number of Jobs
c. Payroll Benefits
d. Spin-off Benefits of Payroll
e. Shipping Costs
f. Other Benefits
g. Benefits-Costs Tabulation
6. Description of Project Area
7. Impacts of Implementing Proposed Project
8. Master Plan for Port
9. Other Information
a. Funding Sources
b. Local Share
c. Multi-Year Projects
d. Permits
Attachments
A. Resolution
B. Design Criteria
C. Design Calculations
D. Engineering Report
E. Layout of Existing and Proposed Facilities
F. Preliminary Construction Plans
G. Financial Statements
H. Cargo Tonnage
I. Port's Master Plan
J. Commenting Agencies
K. Other Attachments
1. Title Page. The title page of the application shall be
as follows.
a. Parish. In the upper right hand corner of the title
page indicate the name of the parish in which the project is
proposed to be built.
b. Project Name. Directly below the parish name,
enter the project name. The name should have some
identifying characteristic of the work that is proposed and
should not be an exact duplicate of a project name used in a
previous year. If the application is for an extension of a
previous project, then the same project name may be used if
additional information is incorporated into the name such as
Phase 1, Phase 11, etc.
c. Priority. If more than one application is
submitted, then indicate the priority directly under the
parish. The top priority project should be indicated as
"Priority One".
d. Application Title. Approximately one-third from
the top of the page and centered place the title, "Application
to Louisiana Port Construction and Development Priority
Program".
e. Name of Port Authority. In the middle of the page
from the top indicate the legal name of the port authority,
address, telephone and fax numbers, and authorized
representative.
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f. Legislative Delegation. In the lower one-third of
the page, provide the names and district numbers of the
senators and representatives within whose districts the
project is proposed.
g. Preparer. If different from the authorized
representative, provide the name, address, telephone, and fax
number of the person who prepared the application.
h. Date. Centered at the bottom of the page, state
the month and year in which the application was submitted.
2. Description of Proposed Project
a. Nature and Goals. Provide a narrative description
of the proposed project and the total project. The
descriptions are to be in sufficient detail to clearly convey
the purpose, design, and major components of the project
and the total project.
b. Funds Requested. Indicate the amount of funds
needed for the project and the total project. Also show the
expected funding sources such as programs, port authority,
federal, and other. If the project will be implemented in two
years, the amounts needed for each year shall be shown.
c. Alternatives. Discuss alternatives, and state the
reason they were not selected. At least one alternative
solution shall be discussed and developed in sufficient detail
to ensure that the proposed project was selected as the result
of an objective analysis. Explain why the proposed project
was selected over the alternatives.
d. Adequacy of Components. New port projects
often create operational bottlenecks in supporting
infrastructure such as access roads, warehouses, and yard
spaces. Identify all the components necessary to derive the
benefits stated. Go from a logical terminus, through the port
to another logical terminus. For example, the discussion of
the necessary project components may begin in the gulf, go
through the navigational channels to the port, unload at the
port, reload at the port onto a railroad car, and from the rail
spur to a main line. A trucking operation may terminate at a
state highway that is capable of handling the added traffic
satisfactorily. Indicate whether these components are
existing or proposed. For all existing components, discuss
the adequacy of the components. For all proposed
components, indicate what is proposed, by whom, when, and
what is the estimated cost. Verifying documentation may be
included in §2109.B.
3. Demonstration of Immediate Need for Project.
Provide a demonstration of the immediate need for the
project and supply supporting documentation. This portion
of the application is extremely important. Most of the
information provided in this section are forecasts and
estimates. Therefore, sufficient attention should be given to
adequately communicate and document the need for the
proposed port project through detailed market analyses and
commitments by port users to utilize the expanded project
facilities.
a. Cargo History. Indicate the total cargo and
revenue cargo that was handled by the port in the last five
years. List the cargo by type (bulk, break-bulk, neo-bulk,
containers) and volumes. Analyze trends of cargo growth
and the underlying reasons. Establish the level of utilization
of existing facilities in relation to cargo volumes handles. If
congestion was experienced, identify facility bottlenecks and
describe how they were overcome. Also indicate the sources
of all data.
i. If the project is expected to be leased to a
tenant, then the cargo history is for the tenant and not the
port. If the tenant has no cargo history or will only move a
minimal amount of cargo, the port's history may be listed.
However, information regarding both the tenant's business
history and their business plan should be included to support
the project.
ii. Provide a summary in this section of the
application. A detailed list of cargo history shall be provided
as Attachment H (see §2109.B).
b. Market Analyses. Forecast the cargo which will
use the project for the next 10 years. List the type of cargo
and volumes expected, along with the market analysis and
estimate of the market share. Cargo forecasts and market
analyses have to be complete with detailed underlying
assumptions and justifications. If cargo forecasts exceed
historical trends, provide justification in terms of significant
economic and technological developments occurring in the
ports service area. If the port facility expansion is in
response to increased demand from new industries locating
in the area, these location decisions have to be substantiated
by comparative cost analyses. As port projects cover diverse
types of investments, it is difficult to provide exact industry
norms to cover all situations. Some general guidelines on
cargo forecasts are provided in this section. These must be
considered as general industry norms. Variation from these
norms must be analyzed and justified. If the project is
expected to be leased to a tenant which does not specialize in
cargo movement, then the market analyses is for the tenant's
business and not the port's cargo. This also applies to the
following: extrapolation from past trends, diverted cargo,
generated cargo, origins and destinations, and cargo
handling revenue.
i. Extrapolation from Past Trends. The simplest
method of cargo forecasting is to extrapolate from past
trends, making whatever adjustments that may be necessary
to take into account change that are likely to modify these
trends. National projections for waterborne commerce, by
major commodity types, are shown below. These growth
estimates are to be used to forecast traffic growth unless
adequate justification is provided to support any deviation. If
a particular commodity is not included in Figure 1 then use
the total waterborne commerce trend.
National Projections of Waterborne Traffic by
Major Commodities to Year 2000
Commodity Group
Growth Estimate (Percent/Year)
High
Medium
Low
Total Waterborne
Commerce
2.00
1.60
0.90
Coal
1.80
Petroleum
1.40
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National Projections of Waterborne Traffic by
Major Commodities to Year 2000
Commodity Group
Growth Estimate (Percent/Year)
High
Medium
Low
Agricultural Chemicals
3.10
1.50 - 3.00
1.90
Industrial Chemicals
3.50
2.80
1.70
Metallic Ores
2.60
2.20
1.80
Nonmetallic Minerals
0.50 - 1.50
0.50
(1.60)
Stone and Clay
2.60
2.20
1.80
Fish Products
0.75
(1.10)
(2.40)
Farm Products
3.10
2.40 - 2.90
0.90
Lumber
2.30
0.30 - 1.70
0.60 - 0.80
Figure 1. National Projections of Waterborne Traffic, by Major
Commoditites, to Year 2000 Source: Status of the Inland
Waterways, U.S. Army Corps of Engineers, Institute of
Water Resources, Ft. Belvoir, Viriginia, July 1987. Note:
Negative Values are in parentheses
ii. Diverted Cargo. Cargo may be diverted to a
port facility either from other modes of transportation or
from other routes. As cargo diversion can occur due to cost
differentials in competing modes or routes, comparative cost
studies must be presented to justify these cargo flows. If
cargo diversion occurs due to establishment of new
industries at the waterfront, these location decisions have to
be analyzed and justified.
iii. Generated Cargo. New industrial and
agricultural developments in an area can increase output and
these developments may translate into new traffic. In such
cases, these sources must be identified and new cargo must
be analyzed in terms of volumes, origins and destinations.
The total traffic generated must be distributed to different
transport modes based on cost considerations.
iv. Origins/Destinations. Identify the major
origins, routes, and destinations of the forecasted cargos
which will use the project. Indicate what route the goods
would move if the project is not built. Would the cargo be
routed to another facility at the port, via another port in
Louisiana, via a port outside of Louisiana, or via a non-water
transport means?
c. Cargo Handling Revenue. Once the new cargo
has been forecast, the revenue to be derived may be
estimated. Use existing port tariff rates to make these
estimates.
d. Industrial Development. What new industrial
development would result from the project; without the
project, where would this development otherwise occur?
e. Prospective Industrial Tenants. List prospective
industrial tenants, indicate if confidential. If tenants are to be
located at the waterfront, sufficient reasons have to be
provided that such a location is critical to their operations.
f. Letters of Commitment. Include letters of
commitment from users, indicate if confidential. Discuss
whether commitments have already been made in terms of
investments and planning and what other assurances (for
example, executed lease agreements) are available to the
port that the commitments will be met. If the viability of the
project depends on these commitments, sensitivity analyses
should be conducted to analyze the alternatives available to
the port in the event the commitments are not met by the
port users. The inclusion of the following types of
information into the letter will be useful:
i. the amount that the user/tenant is willing to pay
for use of the project;
ii. anticipated cargo tonnages;
iii. number of jobs created/saved by the project;
iv. amount of investment the user is expecting to
make on the project; and
v. length of time to which the user is willing to
commit.
g. Other Factors. Discuss other factors that may
justify the proposed project.
4. Preliminary Design, Plans and Cost Estimate. To
further describe the proposed port improvement, provide a
brief discussion of the design, preliminary plans, and cost
estimate. The level of detail of the design, plans, and cost
estimate should be adequate to allow developing final plans
in approximately six to eight months since a construction
contract should be awarded within one year of project
funding.
a. Design Criteria. The design criteria needed to
obtain the stated benefits are to be submitted as Attachment
B (see §2109.B).
b. Design Calculations. Design calculations are to
be submitted as Attachment C (see §2109.B).
c. Preliminary Construction Plans. The plans shall
be included as Attachment F (see §2109.B) The level of
detail shall be sufficient to conceptually convey the project
components and requirements.
d. Cost Estimate. The detailed cost estimate for the
project shall identify construction costs, land, mitigation,
engineering, legal and administration. Recurring
maintenance costs shall also be estimated and included in
this section. The estimate should also detail the costs of
equipment and construction activities to at least the level to
allow verification of the estimate. For each component,
provide the description, quantity, unit of measure and unit
price. Avoid the use of lump sum where possible.
i. In addition to the above, estimates of related
investments made by the industrial tenants also have to be
included to take into account the cost of the total project. If,
for example, an industrial development is anticipated
consequent to the project and benefits are claimed,
associated costs should also be included as total project
costs. The estimate should be of similar detail to that
required for the portion of the project to be funded by the
program.
e. Progress Schedule. Provide an anticipated
progress schedule for plan preparation and construction of
the project, by phases if applicable. Indicate the beginning
and ending dates for both.
5. Determination of Benefits to the State
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a. General. Benefits from the proposed project will
be evaluated from the state's point of view, which includes
the taxpayer's point of view and the port's point of view. All
of the benefit will not be derived until the investment for the
total project has been made and all of the necessary
components are adequate. Estimating these benefits is a key
element in the application process. Sufficient attention
should be given to substantiate procedures adopted in
quantifying benefits and in providing supporting documents.
Overall, benefit estimates should be logical, verifiable, and
based on sound judgment and acceptable industry norms.
Claimed benefits will be adjusted to conform to industry
norms unless adequate justification is provided. In order to
make a proper allocation of funds among the requests, it is
necessary to have a clear understanding of each project's
expected net benefits to the state. The term net benefits
means the difference in the benefits to be derived "with the
project" and those to be derived "without the project". For
example, when port improvements are implemented, there is
usually a higher level of facility costs, mostly for
construction. This is offset by the benefits including a
reduced level of other costs (vessel operating costs, cargo
handling costs, maintenance costs, etc.). There may be an
increase in economic activities, improved (or worsened)
environmental consequence, etc. All of these benefits are
relative, i.e., they are based on the spread between what
would happen with the new project vs. what would happen
without the new project. In other words, to determine the
benefits, it is necessary to evaluate the cargo flow projection,
transportation costs savings, impact on other Louisiana
ports, etc., without the project as well as with the project.
Only then can the costs and gains under both scenarios be
compared. The difference is the net benefits to be derived.
b. Revenues and Expenses. Estimate the port
revenues for both with and without project conditions. Also
estimate the operating expenses with and without the
proposed project (e.g., labor, utilities, etc.). These estimates
have to be based on present and future port tariff rates to
conform to industry norms. Only projects that will realize
the minimum return on the state's investment as defined
herein will be funded by the program.
c. Number of Jobs. Indicate the number of
permanent jobs that would be created and/or existing jobs
saved from implementing the project. How many of these
jobs are port related and how many are industrial jobs, what
is the total payroll for each; without the project, where
would these jobs otherwise be created? Do not include
temporary jobs created by construction activities. The
estimate of number of new jobs created shall conform to
industry norms such as capital investment/worker and
volume of cargo handled/worker and number of employees
per firm. If jobs are displaced elsewhere in the state, these
jobs shall be subtracted from the jobs created or saved by the
project. Figure 2 below indicates the employment profile for
major port related industries in Louisiana. The average
number of employees per firm provides the typical
characteristics of a firm. It should be noted that a large
percentage of firms employ less than 50 workers. Therefore,
employment estimates must be justified on a case-by-case
basis analyzing the nature of operations of the prospective
industrial tenants. In general, it is likely that ports in rural
areas with less populations support smaller firms and the few
large firms are supported by large metropolitan areas. There
may be exceptions to this general rule.
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d. Payroll Benefits. Standard payroll estimates
provided in Figure 3 shall be used in estimating payroll
benefits in order to equitably evaluate applications for
funding through the program. The department will adjust the
payroll and spin-off benefits for inflation using the U.S.
Department of Labor's Consumer Price Index. If job benefits
are assumed to continue unchanged into the future, than an
implication is made that those individuals employed as a
result of the project would not otherwise find employment.
This is not reasonable, as employment will ebb and flow
over time. As true net benefits from employment diminish
over time, the payroll benefits resulting from the project
have to be allowed to decay in a linear fashion annually,
reaching zero at the end of the project life.
Figure 3. Average Annual Earnings by Category for
Port Related Industries
Work Category
Average Annual
Earnings
Managerial (11 - 3071)
$60,400
Supervisory, Stevedore and Skilled Workers
(53 - 1031)
46,300
Factory Workers (51 - 2041)
31,500
Clerical, Unskilled and Misc. (53 - 7062)
18,600
Source: Louisiana Department of Labor 1st Quarter of 2005
e. Spin-Off Benefits of Payroll. New payroll
generated by the project results in spin-off benefits in the
local economy. In order to calculate the spin-off benefits,
assume that they are equal to the payroll benefits directly
created or maintained by the project. If a project will have
$100,000 payroll benefits in a year, then the spin-off benefits
also equal $100,000. Spin-off benefits will also decay in a
linear fashion annually, reaching zero at the end of its project
life.
f. Shipping Costs. If the proposed project will alter
shipping costs, identify these costs with and without the
project. Cost estimates should conform to general industry
norms.
g. Other Benefits. Identify any other benefits that
would result from the project.
h. Benefits-Costs Tabulation. Tabulate the project's
benefits and costs over the project's life. Remember that all
the benefits will not be derived until all of the components
that are identified in "Adequacy of Components" are
implemented and are adequate.
6. Description of Project Area. Provide a narrative
description of the project area. The description shall include
the location of the existing port, navigable waterways to the
port, rail and highway access, location of neighboring ports
competing for cargo, unemployment rate, land use adjacent
to the port, and soil conditions in and around the port.
Identify all major commodities which are handled by
competing ports.
7. Impacts of Implementing Proposed Project
a. An assessment of the impacts associated with the
implementation of the proposed project shall be submitted.
Usually the economic, environmental, and other impacts
shall be identified. A detailed environmental assessment is
not required by this program but may be required to obtain
certain permits.
b. The economic impacts may be indicated by the
number of permanent jobs created or saved and the annual
payroll resulting from the proposed port improvement. This
information is reported in §2109.B.5, "Determination of
Benefits to the State."
c. The environmental impacts shall be identified as
to the effects on the following:
i. water quality;
ii. habitat modification;
iii. fish and wildlife resources;
iv. cultural, historical, and archeological features.
d. Any other impact(s) shall also be identified. The
impact of the proposed project on other ports in the state,
(e.g., diversion of cargoes or industrial activities, etc., from
other state's ports) shall be stated.
e. If the project is expected to generate over one
hundred inbound and outbound trips in an hour or more than
750 trips a day, then a traffic impact study with comments
from the Metropolitan Planning Organization and/or the
Regional Planning Commission is required. Said study is to
identify adverse impacts on the transportation network and
to mitigate negative impacts.
f. The assessment is to indicate whether the impacts
are short-term or long-term, direct or indirect, and adverse or
beneficial. Applicants may seek comments from appropriate
state and federal agencies.
8. Master Plan for Port. Discuss how the proposed
project complies with the port's master plan or why it does
not. Indicate when the master plan was adopted by the port
authority. Copies of the master plan are to be submitted with
the application as Attachment I. (Refer to Page Application
22, I. Port's Master Plan.)
9. Other Information
a. Funding Sources: Identify all sources and
amounts of funding, such as port, program, federal, state,
parish, private and other. Clearly indicate if any type of
bonds will be sold to assist in financing the project. Indicate
if an application for other funds has been submitted and if a
commitment has been received. Provide a status of the port
authorities' 10 percent local match.
b. Multi-Year Projects. If the project will require
more than one year to complete, summarize the anticipated
investment schedule required for full completion of the
proposed project.
c. Permits. List all necessary permits, indicate the
status of permit acquisition, and indicate project compliance
with permit requirements.
C. Attachments
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1. Resolution. Provide certified copies of the
resolution adopted by the port authority similar to the sample
resolution in the appendix indicating that the port authority
is knowledgeable and is agreeable to its duties and
responsibilities in participating in the Port Development and
Construction Priority Program.
2. Design Criteria. Include the design criteria
necessary to properly design the project.
3. Design Calculations. Include the design
calculations and soil investigations; the level of detail of the
design should be sufficient to allow the award of a
construction contract within the year of funding.
4. Engineering Report. Provide copies of the
engineering report and geotechnical report, if applicable.
5. Layout of Existing and Proposed Facilities. Submit
a layout of existing and proposed facilities.
6. Preliminary Construction Plans. Enclose
preliminary construction plans in sufficient detail to allow
the award of a construction contract within a year of
funding.
7. Financial Statements. Provide financial statements
for the last five years. The financial statements shall show
assets, liabilities, profit and loss and include the accountant's
letter transmitting the statement to the port authority and
notes of explanation.
8. Cargo Tonnage. List the total amount of cargo by
commodity for the port for the same periods covered by the
financial statements. The commodity classification shall be
the commodity classification for domestic waterborne
commerce.
9. Port's Master Plan. The port's master plan is to be
submitted with the application. If the port does not have a
master plan, then it should submit a layout of existing
facilities and an explanation why the port does not have a
master plan. If the port has submitted a current copy with an
application that was recommended by the department in the
last three years, the port does not have to submit a master
plan.
10. Commenting Agencies. Letters of comment from
appropriate state and federal agencies responding to
applicant's solicitation of views, if appropriate.
11. Other Attachments. Any other attachments that may
be helpful in evaluating the proposed project may be
included as other attachments.
Information Sources
Information and data that may be useful in estimating the
costs and benefits and in completing the project application is
available from a number of sources. Some of these sources are
local records from engineers, marketing surveys conducted by
private firms, local industry performance standards, and
performance records of the port. Selected references from
federal, state, and local agencies are listed and described
below.
Louisiana Labor Market Information, Louisiana Department
of Employment and Training, Baton Rouge, Louisiana. A
monthly publication providing the following labor market
information by parishes and by major metropolitan statistical
areas (MSA) in Louisiana:
1. the Louisiana economic situation;
2. non-agricultural wage and salary employment;
3. average hours and earnings in manufacturing;
4. consumer price index;
5. employment and payroll trends.
Directory of Louisiana Manufacturers, Louisiana Department
of Economic Development, Baton Rouge, Louisiana. Presents
data on the following:
1. companies located in Louisiana and products
manufactured;
2. companies employing more than 250 workers;
3. manufacturers of specific products in Louisiana by
standard industrial classification (SIC) codes;
4. parent firms of companies.
U.S. Army Corps of Engineers, Waterborne Commerce of the
United States, Part 1-5, Department of the Army, Water
Resources Support Center, Fort Belvoir, Virginia. The data
collected in this publication consists of vessel and cargo
movement information reported to the Corps of Engineers by
carriers engaged in commercial transportation of goods on the
navigable waterways and international trade and also
international trade data provided by the Bureau of the Census.
Part 2 of this publication covers waterways and harbors in the
Gulf Coast and Mississippi River System. Current issues of
this publication can be obtained from the Commander, U.S.
Army Engineers District, Box 60267, New Orleans, LA
70160-0267.
U.S. Army Corps of Engineers, Other Data Sources:
Public Domain Database: Contains aggregated information
which depicts waterborne commodity movement between
different regions and states sorted by origin, by destination,
and by commodity. Special Requests for Waterborne
Commerce Statistics: The Waterborne Commerce Statistics
Center (WCSC) handles special requests for statistics on a
case-by-case basis. These requests are characterized by the
need for information not contained in the aforementioned
Waterborne Commerce of the United States.
For more information on data sources available to the public
from the U.S. Army Corps of Engineers, request a free copy of
Products and Services Available to the Public from Data
Request Office, Waterborne Commerce Statistics Center, U.S.
Army Corps of Engineers, Box 61280, New Orleans, LA
70161-1280.
Port Import/Export Reporting Services (PIERS), Journal of
Commerce, Inc., New York. PIERS data services provides
detailed information on foreign trade, identifying commodity
descriptions, origins and destinations, consignees and
shippers, and tonnage of individual shipments. This data can
be selected to suit individual specifications and obtained on
tape, diskette, or hard copy reports.
County Business Patterns, 1988 Louisiana, U.S. Department
of Commerce, Bureau of Commerce, Bureau of the Census,
U.S. Government Printing Office, Washington, D.C., 1990.
Provides information on industrial establishments, number of
employees, payrolls by major groups of industries and by
individual parishes.
1987 Census of Manufacturers―Geographic Area Series―
Louisiana, U.S. Department of Commerce, Bureau of the
Census, U.S. Government Printing Office, Washington, D.C.,
1990. This publication provides the following aggregate data
on commercial establishments by parishes and metropolitan
areas:
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1. number of companies, employment and payroll,
production worker-hours, and worker-wages;
2. value of shipments, cost of materials, and value
added;
3. beginning and end of year inventories;
4. expenditures, assets, rents, and purchased services.
Agricultural Statistics and Prices for Louisiana, Louisiana
Agricultural Experiment Station, Louisiana State University
Agricultural Center, Baton Rouge, Louisiana―This
publication provides data on agricultural product prices,
average value of farm assets, acreage, and production.
Other Publications:
Moving America―New Directions, New Opportunities, A
Statement of National Transportation Policy Strategies for
Action, U.S. Department of Transportation, Washington, D.C.,
February 1990.
National Transportation Strategic Planning Study, U.S.
Department of Transportation, Washington, D.C., March 1990.
AUTHORITY NOTE: Promulgated in accordance with R.S.
34:3451-3463.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Division of Flood Control and
Water Management, LR 16:695 (August 1990), amended LR
18:752 (July 1992), repromulgated by the Department of
Transportation and Development, Office of Public Works, LR
31:942 (April 2005), amended LR 34:1044 (June 2008).
§2111. Evaluation
A. Analysis. In determining a score to prioritize the
request for funds, the following factors will be considered:
1. technical feasibility;
2. economic feasibility;
3. economic impacts; and
4. port management.
a. Technical Feasibility. Indicators of technical
feasibility are as follows:
i. completeness of project design;
ii. appropriate consideration of alternatives;
iii. compatibility of project to port's master plan;
iv. level of detail of preliminary plans (should be
adequate to allow award of a construction contract within a
year but still allow input from the department);
v. items of work as shown in the cost estimate are
at a level of detail that may be readily verified.
b. Economic Feasibility. The primary factor in
determining economic feasibility is the benefit-cost ratio.
For purposes of evaluation, the investment is the amount of
program funds needed for the proposed port improvement
project.
c. Economic Impacts. The economic impacts are to
be analyzed by the number of permanent jobs created or
saved by the port improvement project after construction.
d. Port Management. The primary factor in
appraising the management of the port is the average return
on investment for the last five years.
e. Location. The elements in assessing the port's
location are as follows:
i. adequacy of the navigable waterways;
ii. suitable railroad access;
iii. ample highway facilities;
iv. location of nearest competing port.
f. Multi-Year Projects. Multi-year projects will
receive priority over new projects after the initial year of
funding, provided the years are consecutive and the
implementation of the previous year components was in
accordance with the Program Procedure Manual.
B. Methodology
1. The procedure for evaluating applications for
funding is as follows.
a. Completeness. If an application is complete, then
proceed, otherwise advise applicant so that he may provide
missing data for funding consideration next submittal date.
b. Need. Is the need verifiable and real? If not then
application will be rejected.
c. Location. The port must be located on an
adequate navigable waterway, and upon completion of the
proposed port improvement, have sufficient rail and/or
highway access. Also, the port must be situated so that the
improvement will not just shift trade from one Louisiana
port to another. Noncompliance will result in rejection.
d. the minimum rate of return for the state's
investment as defined herein or more shall be funded by the
program.
e. Benefit-Cost Ratio. Only projects that have a
benefit-cost ratio equal to one or more shall be funded by the
program. In calculating the B/C for this criteria, the cost
shall be the total investment, both private and public, needed
to implement the total project and derive the benefits. Note
that the B/C used in the economic feasibility is based on
program funds in lieu of total investment.
i. For projects that have a private investment that
is equal to or greater than the amount of program funds
required, the project may be exempted from this
requirement. If exempted, the project must meet a program
benefit-cost ratio equal to one or more. The cost for the
program benefit-cost ratio is equal to the amount of program
funds required for the project.
f. Technical Feasibility (60 points) To proceed, the
technical feasibility score must be 40 or more.
g. Economic Feasibility (150 points) Projects with
benefit-cost ratios greater than 10 are scored from 100 to
150 points with the highest of those ratios receiving 150
points. The remaining projects with benefit-cost ratios
greater than 10 are pro-rated. Projects with benefit-cost
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ratios of 10 or less are scored from 0 to 100 points with the
highest of those ratios receiving 100 points. The remaining
projects with benefit-cost ratios of 10 or less are pro-rated.
h. Economic Impacts. (20 points) The project which
creates or saves the most jobs per state investment receive
the maximum points. The others are pro-rated.
i. Management of Port. (20 points) The port with
the highest rate of return on investment for the last five years
will receive 20 points. The others are pro-rated.
2. After the applications have been analyzed, they
shall be graded by the department according to the point
system above. The projects will then be prioritized by score.
AUTHORITY NOTE: Promulgated in accordance with R.S.
34:3451-3463.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Division of Flood Control and
Water Management, LR 18:758 (July 1992), repromulgated by the
Department of Transportation and Development, Office of Public
Works, LR 31:942 (April 2005), amended LR 34:1046 (June 2008).
§2113. Distribution of Funds
A. Funding. Program funds shall be distributed in
accordance with the approved construction program. The
funding for any single project that is submitted to the
legislature for funding may be limited to a maximum
legislative funding authority of $9 million. The department
may increase the funding limit for a fiscal year based on the
availability of funds. The department may consult with PAL
regarding the limit; but, the final limit shall be at the sole
discretion of the department.
i. The actual distribution of these funds to the
ports for each approved project shall be at the sole discretion
of the department. The department may consult with PAL in
determining this distribution.
ii. The department may limit the funding
distribution to each port authority to no more than one-third
1/3 per year of the single project maximum legislative
funding authority established by the department for the fiscal
year.
B. Construction. Should the funding level be insufficient
to fund all the projects that have been recommended, then
the unfunded projects will be included in the recommended
list of projects the following year. An unfunded project may
be included in the recommended list of projects up to four
years without port authority re-submitting an application. If
a reimbursement agreement has been executed with the
department and the project has begun construction prior to
the expiration of the four year period, then the project will
remain on said list until all program funds have been
authorized.
C. Cancellation. The department may cancel any project
that is not under construction with the below mentioned time
limits and any unexpected proceeds may be reallocated to
another port project. The award of a construction contract
shall satisfy the requirement to be "under construction."
1. for projects that are completely funded in one fiscal
year, within 18 months of the date of notification from the
secretary of the department or his designated representative,
that the project has sufficient funding to be completed;
2. for projects that are completely funded over two
fiscal years, within 12 months of the date of notification
from the secretary of the department, or his designated
representative, that the project has sufficient funding to be
completed;
3. for projects that are completely funded over three or
more fiscal years, within six months of the date of
notification from the secretary of the department or his
designated representative, that the project has sufficient
funding to be completed;
4. for projects that have approval from the department
to be divided into more than one construction contract, the
above time frames apply to each independent contract that
has sufficient funding to be completed. An independent
contract shall be a contract that does not require the
completion of another contract in order to be constructed.
Each additional dependent contract shall be constructed
within six months from completion of the contract that it is
dependent upon;
5. if a port authority has a project that is eligible for
cancellation under the provisions of this Section, the port
shall not be eligible to submit an application for funding or
to receive additional funding for previously recommended
projects until the port authority officially withdraws its
project, or until the project, including all approved phases,
has been completed.
AUTHORITY NOTE: Promulgated in accordance with R.S.
34:3451-3463.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Division of Flood Control and
Water Management, LR 18:759 (July 1992), repromulgated by the
Department of Transportation and Development, Office of Public
Works, LR 31:942 (April 2005), amended LR 34:1046 (June 2008).
§2115. Reimbursement
A. A sponsoring port authority may make application to
utilize its own funds for project construction and to be
reimbursed by the Port Construction and Development
Priority Program provided that:
1. all program criteria are met in accordance with R.S.
34:3451 et seq.,
2. the project is listed in the recommended
construction program, and
3. all program criteria are met in accordance with the
program's "procedures manual" and the rules and regulations
promulgated by the department.
B. If the sponsoring port authority desires to construct
the project or approved phase of the project under the
reimbursement option, it must submit a request to the
department and execute a project agreement prior to
commencement of any work. Projects or approved phases
that are advertised for bids under the reimbursement option
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shall be completed under the reimbursement option whether
or not funding or funding obligation authority has been made
available by the legislature prior to the completion of the
project or approved phase.
AUTHORITY NOTE: Promulgated in accordance with R.S.
34:3451-3463.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Public Works, LR
34:1047 (June 2008).
Chapter 23. Port Design-Build Pilot
Program
§2301. Purpose
A. A port design-build pilot program was authorized by
Act 755 of the 2012 Regular Session of the Louisiana State
Legislature. The purpose of this Rule is to establish
procedures and guidelines for the implementation of the
pilot program.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3523.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Multimodal Planning,
LR 39:117 (January 2013).
§2303. Applicability
A. Any port may use the design build method, pursuant
to the pilot program as specified and limited by R.S.
34:2523, on any non-architectural project where the project
involves the transport, production, storage, or manufacturing
of port cargos and where 60 percent or more of the
construction cost estimate in the design criteria package, as
determined by the port’s retained design professional,
consists of engineered products and components and
services, fabrication, and installation for such products and
components.
B. A port may utilize the design-build method on
projects funded by any manner for any port project in which
a notice of intent is advertised in accordance with R.S.
34:3523 prior to December 31, 2015.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3523.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Multimodal Planning,
LR 39:118 (January 2013).
§2305. Approval Process
A. The proposed design-build projects shall be processed
for approval on a first-come first-served basis.
B. A port seeking to participate in the design-build pilot
program shall retain a design professional for each proposed
project. The design professional shall prepare a design
criteria package for each proposed project. The design
professional and the design criteria package shall meet all
requirements set forth in R.S. 34:3523
C. If the port is seeking approval for the project pursuant
to the Port Priority Program, the port shall comply with all
applicable rules relative to Port Priority Program projects.
D. If the port is not seeking participation in the Port
Priority Program, the following rules shall apply.
1. A completed design criteria package must be
submitted to the department prior to submission to the joint
legislative committee for approval, along with a resolution
from the governing authority for the port verifying its
commitment to complete the design-build project and which
contains a statement that the port has the funding necessary
to do so.
2. The department is responsible for ensuring the
design package contains all of the elements required by R.S.
34:3523. The department will not recommend approval for
the design-build project, nor will the department be
responsible for making findings relative to the accuracy of
the information provided in the design criteria package.
3. If the department determines that the design criteria
package is complete and the resolution from the governing
authority for port is sufficient, it shall issue a letter to the
port stating same. The letter shall serve as authorization for
the port to submit the design criteria package and the
resolution to the joint legislative committee for approval.
The design criteria package and resolution shall be
submitted to the joint legislative committee within 30 days
of publishing the notice of intent as required by R.S.
34:3523(c).
4. The port shall notify the department of the outcome
of the joint legislative committee.
a. If the project is approved or if the joint legislative
committee fails to act within 60 days from receipt of the
proposed project, the port so shall notify the department and
may proceed with implementation of the project.
b. All aspects of the project must comply with all
applicable laws, rules and regulations relative to the design-
build pilot program including, but not limited to, R.S.
34:3523.
D. Unless the design-build project is also a Port Priority
Program project, the department shall not participate in or
monitor the project beyond the application and approval
processes.
E. Procedures for Withdrawal of Projects
1. If after receiving approval for the proposed project,
the port elects not to proceed with the construction of the
project, the governing authority for the port shall provide the
joint legislative committee and the department with written
notice that it is withdrawing its project from the pilot
program.
2. Once the project is withdrawn by the port, the
project is no longer eligible for the design-build pilot
program without resubmitting the design criteria package to
the department and the joint legislative committee for
approval. Any such resubmitted project shall be placed in
line behind all other pending project approvals received by
the department.
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Louisiana Administrative Code March 2013
73
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3523.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Multimodal Planning,
LR 39:118 (January 2013).
§2307. Project Limits
A. Once the department receives notice that ten projects
have been approved by the joint legislative committee, the
department will cease processing any further projects. If
however a project has been withdrawn from the pilot
program, the department will process applications in the
order of their submission.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3523.
HISTORICAL NOTE: Promulgated by the Department of
Transportation and Development, Office of Multimodal Planning,
LR 39:118 (January 2013).
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75
Title 56
PUBLIC WORKS
Part V. Capital Area Ground Water Conservation Commission
Chapter 1. Water Well Registration in
the Capital Area Ground Water
Conservation District
§101. Water Wells That Shall Be Registered
A. All wells which supply a public water system,
regardless of yield, must be registered with the state.
B. All other water wells capable of producing more than
50,000 gallons per day must be registered. For wells in the
district that are exempt from registration by the commission,
refer to §105. Refer to §103 for procedures for registering
water wells used in connection with petroleum activities.
C. Procedures for determining when a water well is
considered registered and procedures for determining
responsibility for registering water wells are given in §§107
and 111.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2637 (December 2007).
§103. Registration of Water Wells Used in Connection
With Petroleum Production
A. Water wells producing fresh water for water flood
activities permitted by the Department of Conservation must
be registered according to the rules, regulations, and
procedures stated herein.
B. Water wells producing saline water in connection with
petroleum production do not have to be registered. These
wells are regulated by the Louisiana Department of
Conservation.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2637 (December 2007).
§105. Exemptions
A. As provided for by Section 3073(3), and Section
3076(D) of Act 678 (1974), the following wells are exempt
from the rules, regulations, and procedures for the
registration of water wells in the district:
1. wells less than 400 feet in depth;
2. wells serving less than six households;
3. wells used for bona fide agricultural or horticultural
purposes; and
4. wells used for both domestic and agricultural
purposes, but not capable of producing more than 50,000
gallons per day.
B. Although the cited wells in the district are exempt
from the commission's rules and regulations for registration,
they may not be exempt from the rules, regulations, and
procedures for water well registration of other state agencies.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2637 (December 2007).
§107. Registration of Water Wells Completed on or
After July 1, 1975
A. The rules, regulations, and procedures as stated herein
shall be used for establishing responsibility for registering
water wells in the Capital Area Ground Water Conservation
District completed on or after July 1, 1975, for determining
when such a well is considered registered.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2637 (December 2007).
§109. Responsibility for and Procedures for
Registering Water Wells
A. The water well contractor who drilled and constructed
the well shall register the well by submitting to the
Louisiana Department of Public Works, a completed Water
Well Registration Form (LDPW-GW-1) for wells that must
be registered in accordance with §101 and completed on or
after July 1, 1975. Copies of the registration form for wells
in the district will be made available to the commission, after
field check and verification.
B. The registration form must be sent to the Louisiana
Department of Public Works no later than 30 calendar days
after the well has been completed. The commission and the
Louisiana Department of Public Works consider that the well
is completed when the well is accepted by the well owner.
C. Water Well Registration Form LDPW-GW-1, which
will be provided by the Commission or the Louisiana
Department of Public Works shall be used to register water
wells in the district completed on or after July 1, 1975.
D. When the registration form (LDPW-GW-1), which is
submitted by the water well contractor, is assigned a local
well number by the department or commission, the water
well shall be considered registered. Upon request, the well
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Louisiana Administrative Code March 2013
76
owner and water well contractor will be informed of the fact
of registration and of the assigned local well number.
E. Copies of all attachments to the registration form will
be sent by the department to the commission.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2637 (December 2007).
§111. Registration of Water Wells Completed Prior to
July 1, 1975
A. The rules, regulations, and procedures stated in this
Section shall be used for establishing responsibility for
registering a water well completed prior to July 1, 1975, the
effective date of the rules, regulations, and procedures
adopted by the Department of Public Works, and for
determining when such a well is considered registered by the
state. Because some of the water wells that have been
completed have been inventoried, the procedures for
registering wells completed prior to July 1, 1975, are
dependent on whether or not the well has been inventoried
and the records for the wells are available to the state
agencies.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2638 (December 2007).
§113. Responsibility for and Procedures for
Registering Inventoried Water Wells Whose
Records are Available to the State
A. The commission shall obtain from available data a
listing, by landowner or lessee, of wells with pertinent data.
A copy of the list shall either be sent to the landowner or
lessee for checking or shall be checked and verified by a
representative of the department.
B. If the list is sent to the landowner or lessee for
checking and updating, the landowner or lessee shall be
responsible for updating and correcting the list, certifying
the list as current, and returning the corrected and verified
list to the commission within 30 days after receiving the list.
C. The list shall be updated by indicating the current
status of each listed well, by adding wells not on the list, and
by indicating the wells that have been abandoned.
D. When the list, as corrected and certified by the
landowner or lessee is received by the commission or
department, the active wells on the list provided by the
commission or department shall be considered registered.
Wells added to the list by the owner shall be inventoried and
registered by a representative of the commission or
department in accordance with the procedures in §115.
E. If in the opinion of the commission or department a
visit or contact by a representative of the state is preferable
and more convenient to the landowner or lessee than sending
a list of wells, a field visit or contact shall be made by a
representative of the state. This procedure will be used when
the landowner or lessee is responsible for only a few wells.
After the data is checked and the location verified, a local
well number shall be assigned to the well. At that time the
well shall be considered registered.
F. Upon request, the landowner or lessee will be sent an
updated listing of registered wells, by the department or
commission, for which he is responsible.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2638 (December 2007).
§115. Responsibility for and Procedures for
Registering Water Wells Which Have Not Been
Inventoried
A. The commission's or department's representative shall
contact the landowner or lessee to obtain well data and to
check and verify the location of wells that have not been
inventoried and whose records are not on file with a
governmental agency. The landowner or lessee shall make
available any needed data and shall permit access to the well
site.
B. After the commission or department assigns a local
well number the well shall be considered registered. Upon
request the landowner or lessee will be informed of the fact
of registration and of the assigned local well number.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2638 (December 2007).
§117. Registration of Reworked Wells
A. Registered wells that are reworked (e.g. development,
replacing the screen) need not be registered a second time
unless the screen is set in a shallower or deeper aquifer
(sand). If the registered well, after reworking, obtains water
from an aquifer different from that reported on the original
Registration Form (LDPW-GW-1), another form shall be
submitted by the contractor within 30 days after completion
of work.
B. If an unregistered will is reworked, deepened,
changed in any manner, or a screen(s) is set in a shallower or
deeper aquifer, a registration form (LDPW-GW-1) shall be
submitted to the department by the water well contractor
within 30 days after the work is completed.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2638 (December 2007).
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Louisiana Administrative Code March 2013
77
§119. Test Holes
A. Registration of test holes is not required. If a hole is
converted after July 1, 1975, to a production well which is
capable of producing 50,000 gallons per day, or is used to
supply a public water system, a registration form must be
filed with the commission and/or department.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2638 (December 2007).
§121. Observation Wells
A. Registration of wells used solely for observation
purposes is not required. If converted after July 1, 1975, to a
well capable of producing more than 50,000 gallons per day
or used to supply a public water system, a registration form
must be filed with the commission and/or department.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2639 (December 2007).
§123. Use of Information
A. The registration of water wells is intended to
complement and in no way void the requirements of the
Louisiana Department of Public Works, Louisiana Division
of Health, and the Louisiana Department of Conservation.
B. The information on the forms will be available to all
persons upon request. The data will be coded and integrated
with water data systems operated by other governmental
agencies and research groups.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2639 (December 2007).
§125. Definitions
A. For the purpose of the rules and regulations stated
herein the following definitions shall apply.
Abandoned Well—a well whose use has been
permanently discontinued or which is in such a state of
disrepair that it cannot be used to supply water.
Active Well—an operating augered, dug, driven, bored,
or drilled well that is used to supply water.
Aquifer Test—pumping tests are made in water wells for
either one of two purposes or for both objectives;
a. to obtain information about the performance and
efficiency of the well being pumped; or
b. to provide data from which the hydraulic
characteristics of the aquifer can be calculated.
The test made to determine hydraulic characteristics is usually
referred to as aquifer test.
Bacteriological Analysis—this analysis, usually for
drinking water, generally consists of determining total
coliform.
Biological Analysis—biological analysis of ground
water is made only when there is a possibility of
contamination from a surface source and an examination for
microorganisms is made.
Board—the Board of Commissioners of the Capital
Area Ground Water Conservation District.
Chemical Analysis—usually a report of dissolved
minerals in the water and the water's physical properties,
such as temperature. The minimum chemical properties that
are usually determined are hardness, specific conductance,
hydrogen-ion concentration (pH), dissolved solids, chloride,
bicarbonate, iron, flouride and nitrate.
Commission—the Capital Area Ground Water
Conservation Commission.
Contaminant—any physical, chemical, biological, or
radiological substance or matter in water.
Contamination—any introduction into water of
microorganisms, chemicals, wastes, or wastewater in a
concentration that makes the water unfit for its intended use.
Department—the Louisiana Department of Public
Works.
Detritus—unconsolidated sediment comprised of both
inorganic and decaying organic material.
Director—the Director of Public Works of the State of
Louisiana or his designated representative.
District—the Capital Area Ground Water Conservation
District.
Drawdown—the difference, usually in feet, between the
static (nonpumping) water level and the pumping level in a
well for a stated period of pumping from the well.
Drill Cuttings—Samples of the material obtained during
drilling which are the source of lithologic information
needed for proper selection of screen openings. The
principal objective of drilling test holes is to obtain samples.
Driller's Log—the driller's description of the geologic
strata encountered, their thickness and depth.
Electrical Log—a record of the resistivities of the
subsurface formations and the contained fluid and the
spontaneous potentials generated in the borehole, both
plotted in terms of depth below the land surface. Other
similar logs made in boreholes are the induction logs. Other
borehole geophysical logs that may be also available are the
gamma ray, caliper and neutron. Usually only an induction
or electrical log is available for new wells.
Inactive Well—a well which is not in operation but can
be used, with a minimum of effort as an observation well or
a supply well.
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Lessee—see definition for water well owner.
Observation Well—a well used by the appropriate
engineering or research group in studies of the water
resources of an area.
Pollution—a condition created by harmful or
objectionable material in water.
Potable Water—water whose bacteriological, physical,
and chemical properties make it suitable for human
consumption and other beneficial purposes.
Public Water System—a system for the provision to the
public of piped water for human consumption, if such a
system has at least 15 service connections or regularly serves
at least 25 individuals.
Pumping Test—pumping tests are made in water wells
for either one of two purposes or for both objectives:
a. to obtain information about the performance and
efficiency of the well being pumped; or
b. to provide data from which the hydraulic
characteristics of the aquifer can be calculated.
The test made to obtain information about the performance of
the well is usually referred to as pumping test.
Pumping Water Level—the water level, usually
expressed in feet, in a well that is being pumped, above or
below a specific datum, usually land surface.
Registered Well—an inventoried well that has been
assigned a local well number by the state and whose records
are available.
Saline Water—water with a dissolved solids content of
1,000 milligrams per litre or more.
Seepage—the appearance and disappearance of water
into the ground surface—a type of movement of water.
Specific Capacity—the rate of discharge of water from a
well divided by the drawdown of water level within the well
for a specified period of continuous pumping of the well. It
is usually expressed as "gallons per minute per foot of
drawdown after X hours of continuous pumping."
Standby Well—a well that is used in emergencies or
occasionally as a replacement well for an active well.
Static Water Level—the water level usually expressed in
feet, in a well that is not being pumped, above or below a
specified datum, usually land surface.
State—State of Louisiana.
Test Hole—an augered, drilled, driven, or bored hole
that is used for the collection of geologic, hydrologic, and
water quality data.
Water Well Contractor—any person, organization, or
corporation who engages for compensation in the drilling,
boring, construction of a water well. Does not include
anyone who drills, bores, cores, or constructs a water well on
his own property for his own use.
Water Well Owner—an individual, corporation,
association, partnership, institution, or governmental agency
who is either the legal owner of the property on which the
well is located or is holding a long term lease on the
property (lessee).
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2639 (December 2007).
Chapter 3. Plugging and Sealing of
Abandoned Water Wells and Holes in
the Capital Area Ground Water
Conservation District
§301. Purpose
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
state. The contents of these standards do not preempt but
complement the Department of Public Works rules related to
water wells, the Department of Conservation's rules and
regulations related to oil, gas, and salt wells and the Division
of Health's Sanitary Code requiring the protection of
"freshwater sand". The Capital Area Ground Water
Conservation Commission shall be responsible only for
water wells in the Capital Area Ground Water Conservation
District which is composed of the parishes of East Baton
Rouge, East Feliciana, Pointe Coupee, West Baton Rouge,
and West Feliciana.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2640 (December 2007).
§303. General Rules and Requirements
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 drilling, boring,
digging, or augering activities and for the installing of a
well, taking into account any changes that may have
occurred as a result of "natural stresses." The purpose of
these regulations is to prevent contamination of aquifers by
surface waters and the interchange of water between
aquifers.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2640 (December 2007).
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Louisiana Administrative Code March 2013
79
§305. Exemptions
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
and holes, geothermal and geopressured holes, brine-
injection wells, water disposal wells, holes, and excavations
used in the development and/or exploration of mineral
resources, including but not limited to, gravel, salt, and
sulphur, excavations, and borings associated with the
construction of buildings, roads, bridges, and soil boring
activities.
B. Although the cited activities are not covered by Act
678 (1974), they are not exempted or excepted by state law.
Therefore, persons, corporations, governmental agencies,
etc., should take any and all action, and use all protective
methods necessary to protect our water supply and to
prevent contamination. The exclusion of these activities
from Act 678 (1974) does not in any way remove or
establish legal liability for health and safety hazards,
contamination or pollution problems alleged to be caused by
persons engaged in the cited activities in the first paragraph
of this Section.
C.1. As provided for by Section 3073(3) of Act 6781
(1974) the following wells are exempt from the
commission's rules, regulations, standards, and methods for
the sealing and plugging of abandoned water wells in the
district:
a. wells less than 400 feet in depth;
b. wells serving less than six households;
c. wells used for bona fide agricultural or
horticultural purposes; and
d. wells used for both domestic and agricultural
purposes but not capable of producing more than 50,000
gallons per day.
2. Although the cited wells in the district are exempt
from the commission's rules and regulations, they are not
exempt from the rules and regulations of other state
agencies.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2640 (December 2007).
§307. Effective Date
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.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2640 (December 2007).
§309. Status of Wells Abandoned Prior to Effective
Date
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 shall have six
months from the effective date of these standards to return
the well to active status or inactive status. After that time the
abandoned well shall be plugged or sealed as provided for in
the standards and methods stated herein.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2641 (December 2007).
§311. Filing of Water Well Abandonment and Plugging
Form (LDPW-GW-2)
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 Department of Public Works, who will record and
transmit a copy to the commission. Copies of Form LDPW-
GW-2 may be obtained from the commission or the
Louisiana Department of Public Works. The commission
considers the work completed when the work is accepted by
the responsible party. Acceptance by the responsible party
does not imply in any way acceptance and approval by the
State of Louisiana. The commission, after inspection of the
site and records (refer to §315), can cause the responsible
party and/or contractor to do that additional work necessary
to properly plug and seal a hole or well in accordance with
the methods and standards stated herein. The expense for the
additional work shall be borne by the responsible party.
B. The Louisiana Health and Human Resources
Administration may also require additional information for
wells used to supply public water systems. Abandoned
drilled water wells and holes plugged and sealed prior to the
effective date of the rules, regulations, standards, and
methods can be reported to the commission, using Form
LDPW-GW-2. For wells or holes abandoned and plugged
and sealed, prior to the effective date, the landowner or
lessee may be required to describe or provide information on
the methods used to plug and seal the abandoned wells and
holes. The location of abandoned wells and holes and those
wells and holes plugged prior to October 1, 1975, should be
known by the landowner or lessee so that the site may be
readily inspected by a representative of the state.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
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Louisiana Administrative Code March 2013
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LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2641 (December 2007).
§313. Adequacy of Plugging an Abandoned Water
Well or Hole
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 in the well or hole at least equals the volume of the
casing or hole plugged and/or filled. When bridge plugs are
set, sufficient time shall be allowed for the material to set.
After that time the location of the plugging shall be verified
by "tagging", measuring, or sounding. Any measurement and
calculations, the results of which should be included on the
Abandonment and Plugging Form (LDPW-GW-2), shall also
be made available upon request by the Capital Area Ground
Water Conservation Commission and/or the Department of
Public Works. The Board of Commissioners shall be
responsible for determining whether a well or hole is
satisfactorily plugged or sealed.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2641 (December 2007).
§315. Inspection
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 Plugging Form (LDPW-GW-2). The landowner or lessee
shall make all records available to the representatives of the
state and commission, and allow representatives to enter the
property and visit site(s).
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2641 (December 2007).
§317. Contractor
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, that the well
or hole drilled shall be plugged if abandoned, in accordance
with standards stated herein. The water well contractor shall
also inform the owner of the necessity of plugging and
sealing all other wells that have been previously abandoned.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2641 (December 2007).
§319. Availability of Well Data
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 Station
Baton Rouge, LA 70804
or
U.S. Geological Survey, WRD
Post Office Box 66492
Baton Rouge, LA 70806
B. Reports and/or information on hydrology, geology,
the occurrence of saline water bearing and fresh water
bearing sands, and quality of water, may also be obtained
from the above named governmental agencies and/or from:
Louisiana Department of Conservation
Post Office Box 44275
Baton Rouge, LA 70804
or
Louisiana Geological Survey
Post Office Box 66492
Baton Rouge, LA 70803
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2641 (December 2007).
§321. Regulations and Standards for Plugging and
Sealing a Well or Hole and for Determining
Responsibility
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
standards stated herein, the landowner or lessee shall be
responsible for plugging and sealing an abandoned water
well or hole. The individual or group responsible for
plugging an abandoned water well or hole shall be known in
the rules, regulations, standards, and methods as the
responsible party. The responsible party shall take the
necessary action to insure that an abandoned hole or well is
plugged properly by a contractor qualified and experienced
in plugging and sealing abandoned wells and holes, and in
accordance with the methods and standards in §509.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
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HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2642 (December 2007).
§323. Active Well
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 Conservation's
Amendment (3/1/74) to statewide Order 29-B, the
abandonment of the water well or hole is then regulated by
the rules and regulations stated herein.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2642 (December 2007).
§325. Abandoned Well
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 active
classification and there is no intent to use the well for
observation purposes. For wells used for observation
purposes, or those temporarily out of use. An abandoned
water well shall not be used for disposal of any waste or any
other purpose.
B. The landowner or the lessee of the land shall be
responsible for plugging and sealing an abandoned water
well within 90 days after abandonment, or after the well has
been declared abandoned by a local or state agency in
accordance with the regulations and standards stated herein.
For the responsibility of plugging and sealing abandoned
observation wells refer to §329.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2642 (December 2007).
§327. Inactive Well
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 shall be
responsible for properly maintaining the well in such a way
that:
1. the well and the annular space between the hole and
casing shall have no defects that will permit the seepage of
water from outside the well;
2. the well is clearly marked and is not a safety
hazard;
3. the well is covered or capped in such a manner as to
prevent easy entry by other than the owner;
4. the area surrounding the well is kept clear of waste
and debris;
5. if the pump has been removed for repair or
replacement, the well shall be adequately covered to prevent
the entrance of any contaminant or pollutant;
6. the well is not used for the disposal or injection of
trash, garbage, sewage, waste water, and/or storm runoff.
B. Unless a well is used for observation purposes, a well
shall not remain in the inactive status for more than one year.
After that time, it will be considered abandoned. Upon
written request by the responsible party, the Louisiana
Department of Public Works or the commission may permit,
in writing, a well to remain in the inactive status for a
specified period of time but not in excess of one additional
year. The responsible party must satisfy the commission or
department of his intent to use the well for observation
purposes and/or return the well to the active well status
within the specified time.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2642 (December 2007).
§329. Observation Well
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
covered with an appropriate cap or cover to prevent use or
entry except by personnel of the landowner or lessee, or the
agency or organization making the observations. It shall be
the responsibility of the owner, organization, or agency to
prevent entry of any foreign materials or water into
observation wells and to keep the surrounding area clear of
waste, water, and debris.
B. A well shall not be used for any injection or recharge
studies until a permit and permission are obtained in
accordance with existing codes, orders, rules, and
regulations of the Department of Conservation and/or the
Louisiana Health and Human Resources Administration.
C. When a well, which was formerly an active well is no
longer needed for observation purposes and the landowner
or lessee of the land does not intend to use the well to supply
water, the well shall be considered abandoned. The well then
shall be sealed and plugged in accordance with these
standards within 90 days after the initial date of
abandonment. The responsibility for properly sealing and
plugging an observation well, which formerly was an active
well, shall be the landowner's or lessee's responsibility
unless the agreement with the agency or organization to use
the well for observation purposes clearly delegates the
responsibility to the agency or organization.
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D. Wells constructed solely for observation purposes by
a landowner or lessee, a governmental agency, engineering
or research organization, shall be converted to either active
well status or abandoned well status when no longer needed
for observation purposes. It shall be the responsibility of the
landowner or lessee, agency, or organization who installed
the well to plug and seal the well in accordance with these
standards and methods stated within 90 days after the initial
date of abandonment.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2643 (December 2007).
§331. Abandoned Hole
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 operations have been
completed. Unless the owner has a prior agreement with the
water well contractor that states otherwise, it shall be the
water well contractor's responsibility to plug and seal such
an abandoned hole within 90 days after work is terminated
or after the hole is considered abandoned.
B. An exploratory test hole drilled or excavated solely
for the purpose of collecting geologic, hydrologic, and water
quality data shall be considered an abandoned hole within 30
days after the completion of all testing operations. The
agency or organization responsible for the exploratory work
is responsible for plugging and sealing the hole unless the
landowner or lessee of the land has agreed in writing to
retain responsibility for plugging and restoration.
C. When the drilling of a hole is temporarily suspended
and the rig moved away from the drilling site, the hole shall
be considered an abandoned hole unless drilling operations
are resumed within 90 days of the initial date of suspension
of drilling operations. During the shut down period, a mud
column of sufficient weight and height shall be maintained
in the hole at all times to prevent seepage of water from or
into the aquifers, or the interaquifer movement of water.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2643 (December 2007).
§333. Failure of Responsible Party to Plug and Seal an
Abandoned Water Well or Hole
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, may request the
commission to require the responsible party to plug and seal
the hole or well within 30 days after receipt of the order
from the Chairman, Capital Area Ground Water
Conservation Commission.
B. Failure to comply with an order of the commission
may result in a civil penalty of not more than $1,000 a day
for each day of violation and each act of violation in
accordance with the provisions of Act 678 (1974) Section
3083.
C. If the responsible party fails to comply within 30
days, the police jury of the parish where the well is located
may petition the Louisiana Department of Public Works to
plug the well or hole. The responsible party shall be required
to reimburse the state the expense incurred for plugging the
water well or hole or be considered in violation of Act 535
(1972), Section 7, which permits a civil penalty of not more
than $1,000 a day for each day of violation and for each act
of violation.
D. The landowner or lessee of the land at the time of
sealing and plugging the hole or well, shall be held liable for
payment.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2643 (December 2007).
Chapter 5. Regulations and Standards
for Plugging and Sealing Abandoned
Drilled Water Wells and Holes
§501. General
A. The plugging (or sealing) and filling of abandoned
drilled water wells or holes shall be done by a contractor
with experience in and knowledge of plugging and sealing
procedures and the requirements of the rules, regulations,
standards, and methods stated herein. The work shall be
done in such a manner to prevent the interchange of water
between aquifers, to prevent the entry of surface seepage by
movement into the annular space and/or the well, and to
remove all health and safety hazards.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2643 (December 2007).
§503. Preliminary Work
A. Before the water well or hole is plugged and filled,
the responsible party and contractor should obtain and study
drilling and construction records. An investigation of the
well or hole shall be made to determine the well or hole's
condition and whether any obstructions will interfere with
plugging or drilling the well or hole properly. Any
obstructions shall be removed, if possible, by an approved
method and by a qualified contractor.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
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HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2644 (December 2007).
§505. Temporary Cover
A. When the work of plugging or sealing and filling an
abandoned water well or hole is temporarily suspended, such
as overnight or while awaiting material, the well or hole
shall be covered and the immediate area conspicuously
marked to protect and warn the public. The cover shall be
sufficiently strong and anchored to prevent easy or
unintentional entry. It shall be sealed well enough to prevent
the seepage of water and the entry of any foreign material
into the well or hole.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2644 (December 2007).
§507. Plugging and Fill Materials
A. Requirements or criteria for plugging or sealing
material and fill material to be used in accordance with these
standards are as follows.
1. Plugging or Sealing Materials
a. It is recognized that no material is completely
impervious, however, experience and test show that neat
cement or cement slurry has a low enough permeability to be
preferred for use when plugging and/or sealing is required.
Neat cement or slurry is a mixture consisting of one bag of
cement to five to ten gallons of water. Under certain
conditions, other materials may be added to accelerate or
retard the time of setting and to provide extra bulk. If a gel
or bentonite is used, the quantity added should generally
vary between one and four percent. Cement grout or
concrete grout may be used in place of neat cement or
cement slurry if the change is approved by the Louisiana
Department of Public Works or the commission. Following
are definitions of cement grout and concrete grout.
Cement Grout—a mixture consisting of not
more than two parts of sand to one bag of cement (94 lbs.)
and five to ten gallons of water.
Concrete Grout—a mixture consisting of
cement, sand and gravel, and water in the proportion of one
bag of cement (94 lbs.) to an equal volume of dry sand and
gravel, and five to ten gallons of water.
b. Unless specified otherwise, plugging material
shall be placed in one continuous operation by the
circulation or pump method. The grout or slurry shall not be
poured or dropped through the water.
2. Fill Materials. The following materials of low
permeability (less than .001 millidarcies) are suitable for use
as a filler when permitted by these standards: silt, sand and
clay mixture, native soil, mud-laden fluid weighing not less
than 9 pounds per gallon, a well-proportioned mixture of
these materials or with those materials mentioned in
Paragraph 1-1.b above. Fill material shall be free of foreign
and organic additive material.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2644 (December 2007).
§509. Methods and Standards for Plugging Abandoned
Drilled Water Well and Hole
A. The standards and methods discussed herein are
intended to:
1. prevent seepage from the surface into fresh water
aquifers;
2. prevent the movement of fluids from one aquifer to
another; and
3. remove all health and safety hazards. Because of
variable hydrologic conditions, differences in well
construction, depth and size, and the irregular occurrence of
saline water sands, the contents of these standards and
methods cannot cover every possible situation.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2644 (December 2007).
§511. Exceptions
A. Requests to vary from methods and standards stated
herein or information on the proper methods to seal and plug
a hole or well are anticipated. Such requests for variance
and/or clarification on methods to be used for wells in the
district should be addressed to:
Capital Area Ground Water
Conservation Commission
Post Office Box 64526
Baton Rouge, LA 70806
Telephone: (504) 924-7420
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2644 (December 2007).
§513. Plugging and Sealing
A. The well or hold shall be filled or plugged upward
from the bottom of the hole or well with neat cement or fill
material, preferably in one continuous operation. Fill and/or
plugging material shall not be poured into the hole or well.
The commission may require under certain conditions, that
the casing be perforated and cement forced under pressure
into the surrounding formation to prevent movement of
water in the annular space from one aquifer to another.
Where the top of the casing is cut off below ground surface
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the excavation above the top of the casing shall be filled,
after the surface plug is set, with enough soil or clay to
compensate for compaction. All plugs shall be placed by the
circulation or pump down method.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2644 (December 2007).
§515. Surface Plug
A. A surface plug is a 30-foot or more in length cement
plug that is placed in the upper 30 feet of the well casing.
The plugging material shall be allowed to spill over the top
of the casing and into the annular space to a depth of about
10 feet completely sealing the annular space between the
hole and casing. To assure no movement of water into the
annular space the ground slab, if any, shall be removed
before plugging and sealing operations begin.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2645 (December 2007).
§517. Bridge Plug
A. As used in the methods and standards stated herein
the term, bridge plug refers to a cement plug not less than 50
feet in length that is either set at the bottom of the hole or
well or at any depth interval in the hole or well.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2645 (December 2007).
§519. Methods of Plugging a Drilled Water Well
A. The following standards and methods shall be used
under the stated conditions to plug and seal an abandoned
drill water well. Although the conditions discussed include
nearly all possible conditions, instances will occur that are
not covered in the standards and methods. As specified in
§511, the commission shall be contacted for decisions on
variance and changes.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2645 (December 2007).
§521. Wells Less Than 50 Feet in Depth
A. A well less than 50 feet deep shall be plugged
completely with neat cement or fill material in sufficient
amount to plug the hole and seal the annular space.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2645 (December 2007).
§523. Wells Greater Than 50 Feet in Depth and Where
One or More Fresh Water Aquifer is Penetrated
A. The entire well shall be filled from the bottom up to
the top of the casing with neat cement; or
B. fill material shall be placed in the screen or in the
open hole opposite the producing aquifer. A bridge plug of
not less than 50 feet in length shall be set above the top of
the screen. The remainder of the casing below the upper 30
feet shall be filled with fill material, above which the surface
plug will be set. In addition, a bridge plug of not less than 50
feet shall be set and centered at the depth(s) where the size
of the casing is reduced and the casing of different diameters
are joined by a seal or reducer.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2645 (December 2007).
§525. Wells Where One or More Saline Water Aquifers
Have Been Penetrated
A. Because of the need to provide assurance that fresh
water aquifers will not be contaminated, the entire well
including casing and screen shall be plugged and sealed with
neat cement or cement slurry.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2645 (December 2007).
§527. A Well From Which Some of the Casing Has
Been Removed
A. If the casing remaining is in the upper part of the hole,
the well shall be sounded to determine the amount, if any, of
"cave in." That part of the hole filled with "cave in" material
shall be reamed or drilled out to the original depth of the
well shall be plugged and sealed with neat cement or cement
slurry to a height of not less than 50 above the bottom of the
casing. The casing between top of this bridge plug and a
depth of 30 feet below the top of the casing shall be filled
with fill material if no saline water aquifers were penetrated.
A 30-foot surface plug shall be set in the upper 30 feet of the
casing. If saline water aquifers were penetrated, the casing
and open hole shall be completely filled from bottom up to
the top of the casing with neat cement.
B. If the casing (including the screen) remaining is in the
lower part of the well, the well and hole shall be completely
filled with neat cement from the bottom up to or near the
ground surface.
C. If all the casing and screen is removed, the hole for
the entire original depth of the well shall be filled with
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plugging material as specified in §533 related to abandoned
holes.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2645 (December 2007).
§529. Gravel Packed Well
A. A gravel packed well will be plugged in accordance
with §§523 and 525.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2645 (December 2007).
§531. Well Where More Than One Aquifer is Screened
A. To provide assurance that the movement of water is
not possible, a bridge plug shall be set in each screen. With
the exception of the bottom screen, the plug shall extend 50
feet above and below each screen. The bridge plug in the
bottom screen shall extend 50 feet above the top of the
screen.
1. The casing between each bridge plug may be filled
with fill material. Surface plug shall be set in the upper 30
feet of casing; or
2. the entire well shall be filled with neat cement.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2645 (December 2007).
§533. The Plugging of an Abandoned Drilled Hole
A. An abandoned hole shall be plugged from the bottom
up to ground surface with neat cement (cement slurry).
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2646 (December 2007).
§535. Definitions
Abandoned Well—a well whose use has been permanently
discontinued or which is in such a state of disrepair that it
cannot be used to supply water or for observation purposes.
Active Well—an operating augered, dug, driven, bored, or
drilled well that is used to supply water.
Aquifer (Ground Water-Reservoir)—a formation group of
formations, or a part of a formation that contains sufficient
saturated material to yield significant quantities of water to
wells.
Board—the Board of Commissioners of the Capital Area
Ground Water Conservation District.
Bridge Plug—a cement plug of not less than 50 feet in
length set at the bottom of the hole or well or at any depth in
the hole or well.
Casing—a tubular retaining structure, generally metal,
which is installed in a drilled, bored, driven, or augered hole
to maintain the well opening.
Cement Grout—a mixture consisting of not more than two
parts of sand to one bag of cement (94 lbs.) and 5 to 10
gallons of water.
Commission—the Capital Area Ground Water
Conservation Commission.
Commissioner—the elected board of Commissioners of
the Capital Area Ground Water Conservation District.
Concrete Grout—a mixture consisting of cement, sand,
gravel and water in the proportion of one bag of cement (94
lbs.) to an equal volume of dry sand and gravel and five to
ten gallons of water.
Cement Slurry—see definition for neat cement.
Contaminant—any physical, chemical, biological, or
radiological substance or matter in water.
Contamination—any introduction into water from outside
sources of microorganisms, chemicals, wastes, or waste-
water in a concentration that makes the water unfit for its
intended use.
Department—the Louisiana Department of Public Works.
Director—the Director of Public Works of the State of
Louisiana or his designated representative.
District—Capital Area Ground Water Conservation
District.
Drill Cuttings—samples of the material obtained during
drilling and the source of lithologic information needed for
proper selection of screen openings. The principal objective
of drilling test holes is to obtain samples.
Geopressured Aquifers—a term used for an aquifer,
especially in the Gulf Coast Area, in which the fluid pressure
exceeds the normal hydrostatic pressure of 0.465 pounds per
square inch per foot of depth.
Geothermal—pertains to the internal heat of the earth.
Ground Water—water suitable for any beneficial purpose
percolating below the earth's surface.
Gravel Packed Well—an underreamed well in which
artificially selected gravel or coarse material is hydraulically
placed in the area immediately surrounding the screen or
slotted pipe used as a screen, to increase the effective
diameter at the well.
Health Hazard—any condition that may create a danger to
public health and well being.
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Inactive Well—a well which is not in operation but can be
used, with a minimum of effort as an observation well or a
supply well.
Lessee—see definition for water well owner.
Neat Cement (Cement Slurry)—a mixture consisting of
one bag of cement to five to ten gallons of water.
Observation Well—a well used by the owner, an
appropriate engineering or research group in studies of the
water resources of an area.
Person—any natural person, corporation, association,
partnership, receiver, tutor, curator, executor, administrator,
fiduciary, or representative of any kind.
Pilot Hole—a hole drilled or augered with the intent to
install casing and supply water.
Pollution—a condition created by harmful or
objectionable material in water.
Potable Water—water whose bacteriological, physical,
and chemical properties make it suitable for human
consumption.
Public Water System—a system for the provisions to the
public of piped water for human consumption, if such
system has at least 15 service connections or regularly serves
at least 25 individuals.
Registered Well—an inventoried well that has been
assigned a local well number by the state and whose records
are available.
Saline Water—water with a dissolved solids content of
1,000 milligrams per litre or more.
Screen—a structural tubular retainer, usually metal, used
to support the hole in unconsolidated material with openings
in the form of slots, whose openings are selected on the basis
of adopted standards and allows sand free water to flow
freely into the well in ample quantities and with a minimum
loss of head. In agricultural wells and in other wells from
which the pumping of sand creates little or no problems
slotted pipe is used.
Seepage—the appearance and disappearance of water into
the ground surface—a type of water movement.
Standby Well—a well that is used in emergencies or
occasionally as a replacement well for a supply well.
Surface Plug—a cement plug of not less than 30 feet in
length, in wells or holes deeper than 30 feet, and set at or
below the top of the casing in the well.
Water Well Owner—individual, corporation, association,
partnership, institution, or governmental agency who is
either the legal owner of the property on which the well is
located or is holding a long term lease on the property
(lessee).
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:386 (September 1975), effective October 1, 1975,
repromulgated LR 33:2646 (December 2007).
Chapter 7. Rules and Regulations for
Metering and/or Recording the Yield
of Water Wells
§701. Authority
A. The rules and regulations contained herein were
prepared in accordance with the provisions of R.S.
38:3076A(8) that states "...to require well owners who are
users or well owners providing water to other users, at their
own expense, to meter wells to permit accurate
determination of rates of use. Metering may be required on a
continuous or periodic basis ...".
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 3:307 (July 1977), repromulgated LR 33:2647 (December
2007).
§703. Purpose
A. The purpose of these regulations is to implement the
above stated authorization for new wells that are drilled and
installed after the effective date of these regulations. The
regulations apply to wells that are not excluded herein and
not otherwise excluded by R.S. 38:3071-38:3084, and are
located in the parishes of East Baton Rouge, East Feliciana,
Pointe Coupee, West Baton Rouge, and West Feliciana.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 3:307 (July 1977), repromulgated LR 33:2647 (December
2007).
§705. Exclusions
A. The following water wells are excluded from the rules
and regulations stated herein.
1. Wells with a total depth of less than four hundred
feet or wells in the Mississippi River alluvial aquifer; or
wells from which the production is used exclusively for bona
fide agricultural or horticultural purposes; or for domestic
use of persons resident upon the same premises and capable
of producing not more than fifty thousand gallons per day in
the aggregate; geopressure and geothermal wells, and wells
producing water from formations producing oil or gas or
both for commercial purposes, or wells producing salt water
used for pressure maintenance; wells used in secondary
recovery operations or other operations for the production of
oil or gas.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 3:307 (July 1977), repromulgated LR 33:2647 (December
2007).
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87
§707. Measuring Well Yield
A.1. The well owner shall be required to:
a. install a metering device that records and "totals"
the yield of the well; or
b. measure well yield or rate under normal pressure
to permit the calculation of the "total" yield of the well for a
given period of time; or
c. design and construct into the discharge line of
water well a bypass line that can be used to periodically
measure the flow of the well as the well discharges to the
atmosphere, using a measuring device such as a portable or
permanently installed orifice plate and manometer.
2. If method b or c is used, an hour meter or exact
records shall be used and/or maintained to record the number
of hours the well is pumped for a stated period of time.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 3:307 (July 1977), repromulgated LR 33:2647 (December
2007).
§709. Records
A. The well owner shall be required to keep records of
well yield and shall, on request, furnish data concerning such
records to the representatives of the Capital Area
Groundwater Conservation Commission [R.S. 38:3076A(8)].
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 3:307 (July 1977), repromulgated LR 33:2647 (December
2007).
§711. Variance
A. Requests to vary from the rules and regulations stated
herein must be sent in writing to the Capital Area
Groundwater Conservation Commission, whose address is:
Capital Area Ground Water Conservation Commission
Post Office Box 64526
Baton Rouge, LA 70806
Telephone: (504) 924-7420
The request must show that compliance is impractical and
must outline an alternative method.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 3:307 (July 1977), repromulgated LR 33:2647 (December
2007).
Chapter 9. Rules and Regulations
Requiring the Submission of Plans for
New Water Wells in the Capital Area
Ground Water Conservation District
§901. Purpose
A. The rules and regulations as stated herein were
prepared in response to this authorization for the purpose of
obtaining information that will be useful in advising users of
any potential problems and of the location of nearby wells in
the same aquifer, and to answer queries regarding the effects
of pumping or changes in pumping rates.
B. This requirement for submission of plans shall not be
construed in any way as a permit or as approval or
disapproval by the commission of the proposed wells.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 2:76 (March 1976), repromulgated LR 33:2647 (December
2007).
§903. Rules and Regulations
A. Users shall submit to the commission's office, their
plans to install wells that will produce 50,000 gallons per
day or more. The plans shall include, at the minimum, the
following information for each well: the depth of the well,
the proposed screen setting(s), aquifer(s) to be screened, if
known, proposed rate of yield, estimated daily use, and a
map or sketch showing the location of the well. In an urban
area, the location of the well should be described in
reference to the nearest streets. All of the requested
information should be submitted, if possible, at least thirty
days prior to the beginning of drilling to the following
address:
Capital Area Ground Water Conservation Commission
P.O. Box 64526
Baton Rouge, LA 70896
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 2:76 (March 1976), repromulgated LR 33:2648 (December
2007).
§905. Effective Date
A. Plans for water wells, excluding those exempted,
drilled on or after March 20, 1976, the effective date of the
rules and regulations as stated herein, shall be submitted to
the commission's office.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 2:76 (March 1976), repromulgated LR 33:2648 (December
2007).
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Louisiana Administrative Code March 2013
88
§907. Exemptions
A. As provided for by R.S. 38:3073(3), the following
wells are exempt from the commission's rules and
regulations for submitting plans for new water wells in the
district:
1. wells less than 400 feet in depth;
2. wells serving less than six households;
3. wells used for bona fide agricultural or horticultural
purposes; and
4. wells used for both domestic and agricultural
purposes but not capable of producing 50,000 gallons per
day or more.
B. The following wells, excavations, and holes are not
included in the provisions of the rules and regulations as
stated herein: seismic holes; cathodic-protection holes;
saline-water wells associated with secondary recovery
operations; brine-injection wells; water-disposal wells; holes
and excavations used in the development and/or exploration
of mineral resources, including but not limited to, gravel,
salt, and sulphur; excavations and borings associated with
the construction of buildings, roads, bridges, and soil boring
activities.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 2:76 (March 1976), repromulgated LR 33:2648 (December
2007).
§909. Information for Exempted
Water Wells
A. The commission will provide information listed in
§901 to any user planning to install a well that is exempted
in accordance with §907.A, provided the user submits to the
commission the planning information requested in §903.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 2:76 (March 1976), repromulgated LR 33:2648 (December
2007).
§911. Water Well Registration
A. The submission of plans as required in §903 does not
in any way preempt the state's rules, regulations, and
procedures for water well registration as provided for in R.S.
38:3091 through 3097.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 2:76 (March 1976), repromulgated LR 33:2648 (December
2007).
Chapter 11. Determination of and
Payment of Accounts
§1101. Purpose
A. The purpose of these rules and regulations are:
1. to establish the time when pumpage charges
assessed by the
Capital Area Ground Water Conservation
Commission in accordance with R.S. 38:3083 are
delinquent; and
2. to provide for penalties for violation of Act 678,
Regular Session of 1974, as amended by Act 213, Regular
Session of 1976, by failure to pay pumpage charges within
the time specified.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 3:366 (September 1977), repromulgated LR 33:2648
(December 2007).
§1103. Applicability
A. The rules and regulations contained herein shall apply
to all users in the parishes of East Baton Rouge, East
Feliciana, Pointe Coupee, West Baton Rouge, and West
Feliciana who are determined by the board of commissioners
to be liable for the payment of pumpage charges (R.S.
38:3079).
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 3:366 (September 1977), repromulgated LR 33:2648
(December 2007).
§1105. Billing Schedule
A. The commission bills on a quarterly basis with
pumpage charges due as follows: For the period October-
December, billing date is January 1; for the period January-
March, billing date is April 1; for the period April-June,
billing date is July 1; and for the period July-September,
billing date is October 1.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 3:366 (September 1977), repromulgated LR 33:2648
(December 2007).
§1107. Pumpage Fee
A. The pumping charges for ground water users shall be
$5 per million gallons and is to be paid quarterly.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 1:291 (July 1975), amended LR 10:592 (August 1984) effective
January 1, 1985, repromulgated LR 33:2649 (December 2007), LR
34:435 (March 2008), effective April 1, 2008, LR 39:486 (March
2013).
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Louisiana Administrative Code March 2013
89
§1109. Determination of When an Account Is
Delinquent
A. A user's account shall be considered delinquent 60
calendar days after the quarterly billing dates, which are
specified above. When the 60 calendar days have expired
and a user has not paid the pumpage charges, the
commission shall inform the user by certified mail, return
receipt requested, that unless payment is received in the
commission's office within 15 calendar days of receipt of
letter, the user shall be considered in violation of state Act
678, Regular Session of 1974, as amended by state Act 213,
Regular Session of 1976.
B. If the user is unable to pay the pumpage charges in
the time specified above, the user shall provide the
commission valid and substantiated facts, which necessitate
the request for an extension of time to pay. The decision to
extend the time for payment shall rest solely within the
discretion of the Board of Commissioners, Capital Area
Groundwater Conservation Commission, and each such
request for an extension will be dealt with on a case by case
basis.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 3:366 (September 1977), repromulgated LR 33:2649
(December 2007).
§1111. Violation Penalty
A. A user, who has been so notified in accordance with
the Section entitled "Determination of When an Account Is
Delinquent," herein, who is knowingly and willfully in
violation of the provisions of Act 678 and its amendments
for failure to pay pumpage charges, shall be subject to a civil
penalty that shall be computed on the basis of one percent
per day of the amount of the pumpage charges owed until
that amount is paid in full. The penalty shall not exceed
$1000 a day for each day of violation and for each act of
violation as provided in R.S. 38:3083.
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 3:366 (September 1977), repromulgated LR 33:2649
(December 2007).
§1113. Civil Suit and Jurisdiction
A. The place of suit to recover this penalty shall be
selected by the board, as may be appropriate, in the district
court of the parish of the residence of any one of the
defendants, or in the district court of the parish where the
violation took place. [R.S. 38:3083(A)(1)]
B. Suit shall be at the direction of the board, and shall be
instituted and conducted in its name by the attorney general
or by the district attorney of the district under the direction
of the attorney general. [R.S. 38;3083(A)(2)]
AUTHORITY NOTE: Promulgated in accordance with R.S.
38:3076(14) and 38:3079.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Capital Area Ground Water Conservation Commission,
LR 3:366 (September 1977), repromulgated LR 33:2649
(December 2007).
