reglab/housing_qa huggingface dataset:
LA Rev Stat § 30:2024 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2024. Finality of action; trial de novo

RS 2024 - Finality of action; trial de novo A. Any permit action shall be effective upon issuance unless a later date is specified therein. Such action shall be final and shall not be subject to further review unless, no later than thirty days after the notice of the action is served by certified mail or by hand upon the applicant, he files with the secretary a request for hearing. B. Upon timely filing of the request, the secretary shall either grant or deny the request within thirty days. If the request for hearing is granted, the issues raised in the request shall be resolved by an adjudicatory hearing before a hearing officer. Any appeal from a final decision of the secretary shall be in accordance with the provisions of Chapter 2-A of this Subtitle. C. If the secretary does not grant the hearing within the time provided for in Subsection B, the applicant shall, within thirty days thereafter, be entitled to file an application for de novo review of the secretary's action in the Nineteenth Judicial District Court for the parish of East Baton Rouge. D. Notwithstanding the provisions of Subsection A of this Section, with respect to the effectiveness of a permit action, a final decision of the secretary which will result in the practical closing and elimination of a lawful business by either the denial or restriction of a permit shall become effective no sooner than one hundred twenty days after notice of the action is served upon the respondent. In such an instance the existing permit will continue in effect until such decision becomes effective. Acts 1983, No. 97,§1, eff. Feb. 1, 1984. Acts 1984, No. 795, §1, eff. July 13, 1984; Acts 1984, No. 825, §1, eff. July 13, 1984; Acts 1990, No. 197, §1, eff. July 2, 1990; Acts 1991, No. 231, §1; Acts 1991, No. 846, §1, eff. July 23, 1991; Acts 1993, No. 567, §1, eff. June 10, 1993; Acts 1995, No. 947, §2, eff. Jan. 1, 1996; Acts 1995, No. 1208, §2, eff. June 29, 1995.
LA Rev Stat § 30:2027 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2027. Environmental violations reported by employees; reprisals prohibited

RS 2027 - Environmental violations reported by employees; reprisals prohibited A. No firm, business, private or public corporation, partnership, individual employer, or federal, state, or local governmental agency shall act in a retaliatory manner against an employee, acting in good faith, who does any of the following: (1) Discloses, or threatens to disclose, to a supervisor or to a public body an activity, policy, practice of the employer, or another employer with whom there is a business relationship, that the employee reasonably believes is in violation of an environmental law, rule, or regulation. (2) Provides information to, or testifies before any public body conducting an investigation, hearing, or inquiry into any environmental violation by the employer, or another employer with whom there is a business relationship, of an environmental law, rule, or regulation. B.(1) Any employee against whom any action is taken as a result of acting under Subsection A of this Section may commence a civil action in a district court of the employee's parish of domicile, and shall recover from his employer triple damages resulting from the action taken against him and all costs of preparing, filing, prosecuting, appealing, or otherwise conducting a law suit, including attorney's fees, if the court finds that Subsection A of this Section has been violated. In addition, the employee shall be entitled to all other civil and criminal remedies available under any other state, federal, or local law. (2)(a) The term "action is taken" shall include firing, layoff, lockout, loss of promotion, loss of raise, loss of present position, loss of job duties or responsibilities, imposition of onerous duties or responsibilities, or any other action or inaction the court finds was taken as a result of a report of an environmental violation. (b) "Damages" to be tripled pursuant to Paragraph B(1) of this Section shall be for the period of the damage, but not to exceed three years, and shall include but not be limited to lost wages, lost anticipated wages due to a wage increase, or loss of anticipated wages which would have resulted from a lost promotion, and if the period of the damage exceeds three years, the employee shall thereafter be entitled to actual damages. In addition to the above, "damages" shall also include any property lost as a result of lost wages, lost benefits, and any physical or emotional damages resulting therefrom. C. This Section shall have no application to any employee who, acting without direction from his employer or his agent, deliberately violates any provision of this Subtitle or of the regulations, or permit or license terms and conditions in pursuance thereof. Added by Acts 1981, No. 280, §1; Acts 1991, No. 959, §1; Acts 1999, No. 1172, §1.
LA Rev Stat § 30:2028 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2028. Environmental training programs

RS 2028 - Environmental training programs  The secretary may develop environmental training programs to further the provisions of this Subtitle and to cooperate with facilities to implement training programs for employees which assist in the understanding of the rules and regulations as it pertains to compliance and the reporting as required by all applicable provisions of such regulations.  Added by Acts 1983, No. 551, §1.
LA Rev Stat § 30:2029 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2029. Complainants bond; liability

RS 2029 - Complainants bond; liability  A complaint alleging a violation of this Subtitle, filed as provided in R.S. 30:2026 hereof, shall have attached the personal bond of the complainant in the sum of one hundred dollars, conditioned upon the payment of costs of the hearing held on the complaint in the event the court determines a violation of this Subtitle has not occurred nor is occurring. No liability whatsoever shall be incurred by the complainant by reason of the filing of a complaint as provided in R.S. 30:2026 hereof, other than the payment of costs of the hearing as provided in R.S. 30:2026.  Acts 1979, No. 449, §1, eff. Jan. 1, 1980. Amended by Acts 1980, No. 194, §5.
LA Rev Stat § 30:2031 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2031. Donations or assistance for pollution sources

RS 2031 - Donations or assistance for pollution sources A. It is declared to be the public policy of the state to expedite the investigation, testing, containment, cleanup, and abatement of pollution sources, and to that end the secretary is authorized to accept and receive grants, donations, or other forms of assistance from private sources which are provided to the state for those purposes and dedicated to a specific designated pollution source. Such grants, donations, or monetary assistance shall be deposited in accordance with R.S. 30:2015 and R.S. 30:2205, unless their terms and conditions require otherwise, as contemplated by Article VII, Section 9(A)(1) of the Constitution of Louisiana. B. Any private monies received by the secretary under this Section conditioned upon their being escrowed or not being deposited in the state treasury shall be deposited in an interest-bearing account within the state. Such monies shall be expended by the secretary for services and activities at the designated pollution source consistent with this Section and the terms and conditions of their grant or donation and shall not be considered public funds under R.S. 39:1482. C. The secretary shall be exempt from the provisions of R.S. 39:1481-1526 in the expenditure of private grants for procurement of services in accordance with the terms and conditions of such grants; however, the attorney general shall approve as to legal effect any contracts for services. The secretary shall incur no liability to any person in the expenditure of grants for procurement of services, except to the donor for acts or omissions in violation of the express terms and conditions of the grant or donation as accepted. D. The grant, donation, or provision of assistance by any private source for the purposes contemplated by this Section shall not be construed as creating any liability or responsibility or presumption thereof for the designated pollution source against the donor or grantor. In the event that any penalties or damages are assessed against a donor or grantor on a designated pollution source, the secretary may take into consideration the amount donated in assessing penalties and damages. E. Where any grant or donation is offered to the secretary as part of a proposed settlement of a suit or claim for penalties, acceptance shall be conditioned upon approval of the secretary in accordance with the provisions of R.S. 30:2050.25. Acts 1983, No. 97, §1, eff. Feb. 1, 1984; Acts 1989, No. 392, §1, eff. June 30, 1989; Acts 1995, No. 947, §2, eff. Jan. 1, 1996.
LA Rev Stat § 30:2032 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2032. Cooperative agreements

RS 2032 - Cooperative agreements  The secretary may enter into a cooperative agreement and may disburse monies from the funds provided by R.S. 30:2034 and R.S. 30:2205 to a person, private trust, association, committee, or other entity for the purpose of evaluation, investigation, testing, containment, cleanup, or abatement of specific abandoned hazardous waste sites without a formal declaration and with waiver of recovery from parties to the agreement if deemed in the public interest. Any party to such an agreement must be licensed according to law before negotiating or entering into such a contract. Cooperative agreements shall require reasonable contributions in cash or services in kind from private parties to the agreement and shall provide for reasonable supervision by the secretary. Cooperative agreements shall be negotiated informally by the secretary and shall not be subject to any other requirements of law for entering into contracts. Prior to the execution of such an agreement, it shall be reviewed by the commissioner of the Division of Administration.  Added by Acts 1983, 1st Ex. Sess., No. 45, §1, eff. Jan. 19, 1983. Acts 1983, No. 97, §1, eff. Feb. 1, 1984; Acts 1986, No. 319, §1.
LA Rev Stat § 30:2034 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2034. Repealed by Acts 1989, No. 392, §3, eff. June 30, 1989.

RS 2034 - Repealed by Acts 1989, No. 392, §3, eff. June 30, 1989.
LA Rev Stat § 30:2035 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2035. Environmental Emergency Response Training Program

RS 2035 - Environmental Emergency Response Training Program  A. The Environmental Emergency Response Training Program is hereby created for the purpose of providing or securing training designed to instruct emergency response personnel to quickly, efficiently, and effectively respond to and address environmental problems and emergencies occurring within the area of their jurisdiction and to assist in addressing, when necessary, environmental emergencies occurring regionally.  B.(1) The chief of each eligible agency including any municipality or parish may apply to the department for allocation of funds from the Environmental Trust Account to provide or secure the training authorized by this Section.  (2) In order to encourage training programs to further the purposes of the Louisiana Environmental Quality Act, as provided in R.S. 30:2011(D)(8), the department may make allocations available only for those training programs which meet certain basic guidelines for emergency response training established by the Department of Public Safety and Corrections or the Department of Natural Resources in conjunction with the Peace Officers Standard Training (POST). At a minimum, such guidelines shall require that training provide instruction in emergency response situations peculiar or applicable to Louisiana.  (3) The guidelines required by this Subsection shall be adopted and promulgated by rule and regulation by the Department of Public Safety and Corrections on or before November 15, 1983.  Acts 1983, No. 361, §1, eff. July 2, 1983; Acts 1989, No. 392, §1, eff. June 30, 1989; Acts 1999, No. 303, §1, eff. June 14, 1999; Acts 2018, No. 612, §9, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020.
LA Rev Stat § 30:2037 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2037. Repealed by Acts 1999, No. 303, §3, eff. June 14, 1999.

RS 2037 - Repealed by Acts 1999, No. 303, §3, eff. June 14, 1999.
LA Rev Stat § 30:2038 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2038. Degradable or recyclable plastics; state agencies

RS 2038 - Degradable or recyclable plastics; state agencies  A.(1) In order to enhance the beauty and quality of our environment; conserve and recycle our natural resources; prevent the spread of disease and the creation of nuisances; protect the public health, safety, and welfare; and provide a coordinated statewide solid waste resource recovery and management program, the legislature finds that inefficient and improper methods of managing solid waste create hazards to public health, cause pollution of air and water resources, constitute a waste of natural resources, have an adverse effect on land values, and create public nuisances. Problems of solid waste management have become a matter statewide in scope and necessitate state action to promote more efficient methods of solid waste collection and disposal. The economic and population growth of our state and the improvements in the standard of living enjoyed by our population have required increased industrial production together with related commercial and agricultural operations to meet our needs, which have resulted in a rising tide of unwanted and discarded materials. The failure or inability to economically recover material and energy resources from solid waste results in the unnecessary waste and depletion of our natural resources, and, therefore, maximum resource recovery from solid waste and maximum recycling and reuse of such resources must be considered goals of the state.  (2) It is declared to be the purpose of this Section to provide a program for state agencies to use degradable or recyclable plastics in the most economically feasible, cost-effective, and environmentally safe manner the storage, collection, transport, separation, processing, recycling, and disposal of solid waste in order to protect the public safety, health, and welfare and enhance the environment for the people of this state.  B. State agencies are hereby requested and authorized to use in their daily operations degradable or recyclable plastic materials in those instances when it is appropriate and economically feasible. Any such agency shall consult with the Department of Environmental Quality to determine the degradable or recyclable plastic materials available to be used.  C. The Department of Environmental Quality is hereby directed upon request by a state agency to assist in that agency's use of degradable or recyclable plastics where appropriate and economically feasible. The Department of Environmental Quality shall provide a plan for use of degradable or recyclable plastics to any state agency requesting assistance to convert to the use of degradable or recyclable plastics.  Acts 1989, No. 572, §1, eff. July 6, 1989.
LA Rev Stat § 30:2040 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2040. Siting disposal facilities in Rapides Parish

RS 2040 - Siting disposal facilities in Rapides Parish  The secretary shall not authorize or permit within Rapides Parish any new commercial solid or hazardous waste disposal facility or new commercial solid waste or sanitary landfill within two miles of the corporate limits of any municipality or the nearest boundary line of any property on which is located a public elementary or secondary school or health care facility licensed by the state.  Acts 1990, No. 1037, §1.  {{NOTE: SEE ACTS 1990, NO. 1037, §2.}}
LA Rev Stat § 30:2040.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2040.1. Siting disposal facilities near Acadiana Regional Airport

RS 2040.1 - Siting disposal facilities near Acadiana Regional Airport The secretary shall not authorize or permit a residential or commercial solid waste disposal facility or a construction and demolition debris solid waste disposal facility within ten thousand feet of the Acadiana Regional Airport operations area if such facility will not be in compliance with local zoning ordinances. Such zoning ordinances shall comply with any United States Department of Transportation, Federal Aviation Administration order, regulation, circular, safety guideline, recommendation, or other official document pertaining to aviation safety and land use. Acts 2010, No. 665, §1.
LA Rev Stat § 30:2041 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2041. Repealed by Acts 1997, No. 123, §2.

RS 2041 - Repealed by Acts 1997, No. 123, §2.
LA Rev Stat § 30:2042 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2042. Payment under protest

RS 2042 - Payment under protest A. Any person protesting the payment of any amount found due by the secretary shall remit to the secretary the amount found to be due and at that time shall give the secretary notice of intention to file suit for the recovery of such fee, or the portions thereof which are protested. B. Upon receipt of this notice, the amount remitted shall be placed in an escrow account and held by the secretary or his duly authorized representative for a period of thirty days. If suit is filed for recovery of the fee within the thirty-day period, the funds in the account shall be further held pending the outcome of the suit. If the person protesting the fee prevails, the secretary shall refund the amount to the claimant, with interest at the rate established pursuant to Civil Code Article 2924(B)(3) from the date the funds were received by the secretary to the date of such refund. Payments of interest authorized by this Subsection shall be made from funds derived from current collections of the fee to be refunded. C. This Section shall afford a legal remedy and right of action in the Nineteenth Judicial District Court for full and complete adjudication of any and all questions arising in the enforcement of fees established under this Subtitle as to the legality of the fee or the method of enforcement thereof. In such action, service of process upon the secretary shall be sufficient service, and he shall be the sole necessary and proper party defendant in any such action. Acts 1993, No. 118, §1.
LA Rev Stat § 30:2043 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2043. Public records; forms and methods; electronic signatures

RS 2043 - Public records; forms and methods; electronic signatures A. Notwithstanding any other provision of law to the contrary, any public record maintained by the department may be kept in any written, photographic, microfilm, or other similar form or method, or may be kept by any magnetic, electronic, optical, or similar form of data compilation which is approved for such use in a rule promulgated by the department. No such magnetic, electronic, optical, or similar form of data compilation shall be approved unless it provides reasonable safeguards against erasure or alteration. B. The department may, at its discretion, cause any public record maintained by it or any part thereof to be microfilmed, or otherwise reproduced, in order to accomplish efficient storage and preservation of such records. C. A certified copy of a public record maintained by the department shall be deemed to be an original for all purposes and shall be admissible in evidence in all courts or administrative agencies as if it were the original. D. Subject to such guidelines and limitations as may be promulgated by the department, electronic signatures and the use of electronic documents are hereby authorized. In accordance with such regulations promulgated by the department, an electronic document shall be considered to be "in writing" for the purpose of this Subtitle and may be used to satisfy any requirement otherwise required by this Subtitle. An electronic document is any document in electronic, magnetic, optical or other format, except an audio recording, used to create, transfer, approve, or store the document for subsequent retrieval. E. The department shall promulgate rules to regulate the use of electronic signatures and electronic documents. Such rules may include limitations upon the use of electronic documents and which documents may be signed electronically. Acts 1999, No. 350, §1, eff. June 16, 1999; Acts 2001, No. 1032, §11.
LA Rev Stat § 30:2044 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2044. Voluntary environmental self-audits

RS 2044 - Voluntary environmental self-audits  A. The secretary shall promulgate, in accordance with the Administrative Procedure Act, regulations establishing a program for voluntary environmental self-audits. As a part of that program, the regulations shall provide for the following:  (1) Procedures for conducting voluntary environmental self-audits.  (2) Submission of the results of voluntary environmental self-audits to the department.  (3) Incentives in the form of reduction or elimination, or both, of civil penalties for violations disclosed to the department in a voluntary environmental self-audit.  (4) Corrective action for violations discovered as a result of a voluntary environmental self-audit.  (5) Submission to the department of the plans to correct violations discovered during a voluntary environmental audit.  (6) A fee for reviewing voluntary environmental self-audit reports and actions taken to correct the violations reported.  B. The secretary shall promulgate rules and regulations in accordance with the Administrative Procedure Act identifying violations that are not eligible for relief under this program. The violations shall include but are not limited to:  (1) Violations that result in serious actual harm to the environment.  (2) Violations that may present an imminent or substantial endangerment to public health or the environment.  (3) Violations discovered by the department prior to the written disclosure of the violation to the department.  (4) Violations detected through monitoring, sampling, or auditing procedures that are required by statute, regulation, permit, judicial or administrative order, or consent agreement.  C. The fee for reviewing environmental self-audits and corrective actions shall not exceed the maximum per-hour salary, including associated benefits, of a civil service employee of the department per hour or portion thereof required to conduct the review plus reasonable indirect costs calculated as a percentage of the hourly fee. Such percentage shall be determined annually by agreement between the department and the United States Environmental Protection Agency for use on grants and contracts. However, the department may require a minimum fee of one thousand five hundred dollars.  D. Prescription shall be suspended for all claims for violations under this Subtitle or of the regulations promulgated pursuant to this Subtitle upon participation in the voluntary self-audit program. The suspension of prescription shall terminate upon a final decision under R.S. 30:2030(A)(2) or after a period of two years, whichever occurs first.  Acts 2021, No. 481, §1.