reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2351.52. Reporting of lead exposure

RS 30:2351.52 - Reporting of lead exposure
A. Any health care provider, as defined by the state health officer, shall report to the state health officer the identity of persons whose blood test results are positive for the presence of lead and who are engaged in lead hazard reduction activities. The results of those tests shall also be reported. The state health officer shall define results which are positive for the presence of lead. Reports required under this Section shall be submitted within five business days of the receipt of the test results, in a format approved by the state health officer.
B. A lead contractor shall report immediately to the state health officer, with a copy to the secretary of the Department of Environmental Quality, those employees of his firm having positive blood test results for the presence of lead, as defined by the state health officer, and who are engaged in lead hazard reduction activities.
C. In implementing this Section, the state health officer may enter into agreements with other departments of the state to receive, compile, analyze, or retain reports of lead exposure.
D, E. Repealed by Acts 1995, No. 1085, §2.
Acts 1993, No. 224, §1; Acts 1995, No. 1085, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2351.53. Reporting of lead hazards at child-occupied facilities

RS 30:2351.53 - Reporting of lead hazards at child-occupied facilities
A. The secretary shall notify the State Board of Elementary and Secondary Education and the Department of Children and Family Services that notification of lead hazards, lead abatement activities, or any lead testing performed which exceeds applicable standards in any licensed day care center, preschool, or public or non-public elementary school facility first placed into operation after August 1, 2012, that qualifies as a child-occupied facility is required by this Chapter.
B. For a child-occupied facility subject to this Section, the owner and the inspector shall jointly provide notification in writing to the secretary and the state health officer within ninety days of receipt of reports of lead hazards, lead abatement activities, or any lead testing performed which exceeds applicable standards. A copy of the notification shall be displayed in a prominent location at the child-occupied facility subject to this Section.
C. A child-occupied facility subject to this Section shall provide notification to all parents or legal guardians of each child enrolled at the facility of lead abatement activities, lead testing which exceeds applicable standards or lead hazard reduction activities performed at the facility or on its grounds. The notification shall be made by written or electronic means, such as email or posting on the facility's website.
D. The notification required in this Section shall not be required if a facility or its grounds has been inspected or has been the subject to lead abatement or remediation prior to August 1, 2012. If a portion of the facility or its grounds has not been inspected or been the subject of lead abatement or remediation prior to August 1, 2012, then that portion of the facility or its grounds shall be subject to the provisions of this Section. The owner or operator of the facility shall maintain documentation that the inspection, lead abatement or remediation activities were conducted in accordance with applicable requirements.
Acts 2012, No. 736, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2351.54. Reporting of hazardous conditions

RS 30:2351.54 - Reporting of hazardous conditions
A. The secretary shall receive reports of hazardous conditions relating to lead from the public or employees. All such reports shall be recorded. The secretary shall investigate all reports that are reasonably based in fact. Reports shall be received whether submitted in writing, by telephone call, or through other means.
B. In implementing this Section, the secretary shall make appropriate arrangements to insure that the public or employees may report hazardous conditions by telephone without incurring long-distance telephone charges.
C. The identity of any person making a report or statement as part of an investigation by the department shall be confidential and shall not be disclosed in any manner to anyone other than state officials without the prior consent of the person making the report or statement.
Acts 1993, No. 224, §1; Acts 1995, No. 1085, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2351.55. Discriminatory and retaliatory actions

RS 30:2351.55 - Discriminatory and retaliatory actions
A. A person may not discriminate or take retaliatory action against a person who exercises in good faith a right established by this Chapter or a regulation promulgated under it.
B. A person claiming to be aggrieved by a discriminatory or retaliatory action may commence an action under the terms and provisions of R.S. 30:2027.
C-E. Repealed by Acts 1995, No. 1085, §2.
Acts 1993, No. 224, §1; Acts 1995, No. 1085, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2351.56. Relationship to federal law

RS 30:2351.56 - Relationship to federal law
A. Regulations promulgated pursuant to this Chapter shall be no less stringent than any minimum standards established under federal law or regulations.
B. If a provision of this Chapter conflicts with a federal law pertaining to lead hazard reduction activities, the provision shall not apply to the extent that it is preempted by the federal law.
Acts 1993, No. 224, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2351.57. Promulgation of regulations

RS 30:2351.57 - Promulgation of regulations
The secretaries of the Departments of Environmental Quality, and Health and Hospitals shall promulgate all regulations necessary to implement their respective responsibilities under this Chapter.
Acts 1993, No. 224, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2351.58. Interim procedures

RS 30:2351.58 - Interim procedures
In developing a program to implement this Chapter, the secretary may provide for interim licensing and certification procedures to ensure a transition period of not less than one hundred eighty days before the application of the requirements established in this Chapter.
Acts 1993, No. 224, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2351.59. Fees

RS 30:2351.59 - Fees
A. In accordance with the provisions of Article VII, Section 2.1 of the Constitution of Louisiana and R.S. 30:2014, the department is authorized to adopt and promulgate rules to establish the fees for licensure, certification, and training organization accreditation categories and notifications as provided for in this Section.
B. Licensure, certification, and accreditation fees shall be paid annually. Notification fees are assessed for each lead abatement project. Fees shall be paid upon application to the secretary and deposited into the Lead Hazard Reduction Dedicated Fund Account, R.S. 30:2351.41.
C.(1) License and certification fees shall be paid as follows:
(a) License evaluation fee of five hundred fifty dollars shall be paid by lead contractors.
(b) Certification fees shall be paid for the following disciplines:
(i) Lead project supervisor $ 275.00
(ii) Lead project designer $ 550.00
(iii) Risk assessor $ 275.00
(iv) Lead inspector $ 165.00
(v) Lead worker $ 55.00
(c) Emergency processing for licensure and certification fees shall be one and one-half times the regular processing fee.
(d) The secretary is authorized to establish subcategories within any category.
(e) A person applying for licensure under more than one category shall pay only the fee for the highest category.
(f) No fees shall be assessed to public entities or employees of public entities for certification.
(2) Accreditation fees for training organizations shall be paid as follows:
(a) In-state training organizations (Louisiana domiciliaries):
(i) Application processing fee $ 550.00
(ii) Processing fee per instructor $ 55.00
(iii) Emergency processing 1.5 times the regular fees
(b) Out-of-state training organizations (non-Louisiana domiciliaries):
(i) Application processing fee $ 825.00
(ii) Processing fee per instructor $ 110.00
(iii) Emergency processing 1.5 times the regular fees
(3) Notification fees will be due upon application as follows:
(a) For the lead abatement of a building or other structure, the fee shall be based upon the projected lead-based painted areas to be abated in the abatement project. Areas of lead-contaminated soil associated with the abatement process will be included in the projected square footage for the building or structure as follows:
(i) 2000 square feet and under $ 220.00
(ii) Each additional increment of 2000
square feet or portion thereof $ 110.00
(iii) Revisions to notification fees $ 55.00
(b) For the lead abatement of soil only, the fee shall be based upon the projected acreage of the abatement project as follows:
(i) Half acre or less $ 220.00
(ii) Each additional half acre or
portion thereof $ 110.00
(iii) Revisions to notification fees $ 55.00
(c) Emergency notification processing fees will be one and one- half times the regular fees.
Acts 1993, No. 224, §1; Acts 1995, No. 1085, §1; Acts 1997, No. 1253, §1; Acts 2016, No. 451, §1; Acts 2021, No. 114, §18, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2361. Citation

RS 30:2361 - Citation
This Chapter shall be known and may be cited as the "Hazardous Materials Information Development, Preparedness, and Response Act" and may be referred to as the "Right-to-Know" Law.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1997, No. 1046, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2362. Declaration of policy and purpose

RS 30:2362 - Declaration of policy and purpose
A. The legislature hereby adopts as a policy that the citizens of this state have the right and responsibility to know about and protect themselves from the risks and effects of hazardous materials in their environment. Inherent in the public's right to know is the public's need to know that state and local agencies have the information to both respond to their inquiries and to protect them by:
(1) Providing information to physicians for emergency medical diagnosis.
(2) Adequately preparing for disasters.
(3) Centralizing, and coordinating regional, and local long-range planning concerning the environmental hazards in various localities.
(4) Developing information on chronic health risks which may appear as the result of the presence of hazardous materials.
B. The purpose of this Chapter, therefore, is to create a comprehensive information system containing specific data regarding the presence and location of hazardous materials in Louisiana. Such information should be compiled in a way which permits the data to be shared with the public and among involved state agencies and local governing authorities.
C. The legislature recognizes that among the state agencies presently collecting, disseminating, and analyzing data there exists much of the technical capability, determination, and expertise to develop, implement, manage, and expand such an information system. The legislature therefore mandates and supports a cooperative effort of all involved agencies to work through an interagency advisory commission, and a single state supervisory agency to create a comprehensive information system, implement comprehensive state and local planning, and as soon as practical and feasible, make this crucial information available to the public through designated local repositories at a minimum of additional cost to owners or operators, the state, or local government.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2364. Emergency Response Commission

RS 30:2364 - Emergency Response Commission
The Hazardous Material Information Development, Preparedness, and Response Advisory Board is hereby abolished and in its place the Emergency Response Commission, which is appointed by the governor, is hereby established and will assume the advisory function of the board. The secretary of the Louisiana Department of Environmental Quality or his designee shall also serve as a member of the Emergency Response Commission. This commission shall function under the supervision and authority of the deputy secretary, Department of Public Safety and Corrections, public safety services, office of the state police, and shall also be responsible for the following:
(1) Establishing emergency planning districts.
(2) Appointing local emergency planning committees.
(3) Supervising and coordinating the activities of the local emergency planning committees.
(4) Providing the administrator of the United States Environmental Protection Agency with information concerning notification received on certain releases of hazardous materials and substances.
(5) Designating, as necessary, additional facilities to be covered under this Chapter.
(6) Recommending a standardized inventory form to be used in gathering the required information under this Chapter and providing for alternative reporting procedures to reduce duplication of reporting.
(7) Recommending, as necessary, additional substances which should be defined as hazardous materials based on location, toxicology, known short and long term health effects, and other characteristics.
(8) Acting as the centralized advisory body for coordinating the state and federal activities concerning community "Right-to-Know" legislation with regard to hazardous materials and substances.
(9) Establishing procedures for receiving and processing requests from the public for information.
(10) Reviewing local emergency planning committee (LEPC) emergency response plans and making recommendations to the LEPC on revisions of the plan that may be necessary to ensure the coordination of such plan with emergency response plans of other emergency planning districts.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1; Acts 1997, No. 1046, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2365. Responsibilities of the department

RS 30:2365 - Responsibilities of the department
A. The deputy secretary shall:
(1) Develop rules and regulations governing criteria for defining a substance as a hazardous material and for the development, implementation, compilation, supervision, and management of the information system for hazardous materials.
(2) Make reasonable efforts to insure that owners and operators are aware of reporting requirements under this Chapter.
(3) Develop a rule for alternative reporting requirements for businesses as provided for in R.S. 30:2370.
(4) Supervise the dissemination of data to repositories and train repository personnel to provide information to the public. If the sheriff's office is not designated as the repository, the sheriff in each parish shall have access to the data compiled under this law through the local emergency planning committee and/or local fire departments in the respective parish.
(5) Apply for, accept, and expend money through the appropriate budgetary process from federal sources for the further development, implementation, and dissemination of information to agencies, to emergency response personnel, and to the public.
(6) Develop a centralized inventory reporting and notification system allowing for the standardization of reporting on the state, parish, and local government levels. The department, working in conjunction with other state agencies and parish government planning agencies, including local emergency planning committees and local response agencies, will identify the standard content of reporting and develop a centralized state inventory reporting and notification system that can be used by all government agencies.
(7) Develop a means to assist all parishes in developing comprehensive hazardous material emergency response plans which reflect local governments' primary responsibility for the protection of local citizens.
B. The department shall, whenever practical and feasible, consult with the commission in developing rules and regulations for the implementation of this Chapter.
C. The inventory form adopted under this Chapter shall replace, to the extent feasible and practical, all other reporting presently required for reporting the manufacture, use, storage, or release of all hazardous materials to state governmental agencies.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1; Acts 1992, No. 984, §18; Acts 1997, No. 1046, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2366. Responsibilities of cooperating departments

RS 30:2366 - Responsibilities of cooperating departments
A. The Department of Agriculture and the Department of Environmental Quality shall consult with the deputy secretary regarding implementation of this Chapter. They shall, whenever practical and feasible, coordinate reporting efforts and requirements with the department through representation on the commission and through any established or created methods of cooperation and coordination among agencies covered by this Chapter.
B. The department shall forward information it develops or receives regarding long-term toxic effects of hazardous materials to the Louisiana Department of Health, which shall coordinate such information with the Louisiana Regional Poison Control Center.
C. The department shall communicate these laws and regulations to all state departments. The department shall coordinate its efforts in developing an electronic or telephonic notification system with all departments of state government. All departments of the state shall adjust the reporting requirements to allow for the development of the electronic or telephonic notification system for emergency release notifications. The Department of Environmental Quality shall also adjust its requirements for the prompt reporting of a release that does not cause an emergency condition, but is nonetheless reported to the department because it is in excess of an applicable reportable quantity.
D.(1) Upon development of the electronic or telephonic notification system for emergency release notifications, proper notification to the department of a release shall satisfy all emergency reporting obligations of the person making the notification, including all emergency reporting obligations of such person to the Department of Environmental Quality, other state agencies, and local response agencies.
(2) Upon development of the electronic or telephonic notification system for emergency release notifications, proper notification to the department of a release that is in excess of an applicable reportable quantity but does not cause an emergency condition shall satisfy all prompt reporting obligations, under LAC 33:I.3917(A), of the person making the notification, provided, however, that this provision shall not apply to the reporting of any release of radionuclides in excess of a reportable quantity determined in accordance with LAC 33:I.3929.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1; Acts 1997, No. 1046, §1; Acts 2008, No. 81, §1, eff. June 5, 2008; Acts 2014, No. 311, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2367. Alternative compilation of data through certain agencies

RS 30:2367 - Alternative compilation of data through certain agencies
A. Repealed by Acts 1992, No. 535, §1.
B.(1) Those manufacturers, storers, and users of liquified petroleum gas who make reports, pay fees, and are permitted through the Liquified Petroleum Gas Commission of the Department of Public Safety and Corrections shall not be required to pay additional fees for reporting under this Chapter.
(2) The deputy secretary of public safety services shall consult with the chairman of the Liquefied Petroleum Gas Commission and the Louisiana Liquefied Petroleum Gas Association to develop the necessary guidelines for incorporating reporting procedures and forms into inventory reports required by this Chapter or develop alternate reporting procedures under R.S. 30:2370(A)(2). Further, the deputy secretary and the chairman of the Louisiana Liquefied Petroleum Gas Commission shall develop a mechanism for sharing and including such data in the information management system developed under this Chapter.
(3) The administrative costs, as determined by the deputy secretary, of including information regarding liquified petroleum gas shall be paid by the Liquified Petroleum Gas Commission through fees presently paid to the commission by manufacturers, users, and storers of liquified petroleum gas.
(4) Nothing in this Subsection shall be intended to nullify an owner's or operator's obligation to report in compliance with rules promulgated under this Subsection.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1; Acts 1992, No. 535, §1; Acts 1997, No. 1046, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2368. Designated repositories

RS 30:2368 - Designated repositories
A. The Emergency Response Commission shall designate the following as repositories for information gathered under this Chapter. The repositories shall be:
(1) The local emergency planning committee, as designated by the commission.
(2) The local fire department.
(3) The Department of Public Safety and Corrections, office of state police, hazardous substance control section, acting for the Emergency Response Commission.
B.(1) Each repository designated pursuant to Subsection A of this Section shall provide information gathered under this Chapter to any person upon request during reasonable office hours and may charge such person a reasonable amount for copying charges and other administrative costs. The charges for the said costs shall be the same as the charges authorized for copies of public records as provided for in R.S. 44:32.
(2) In addition, the repository may refer public requests for information regarding specific medical, toxic, and health effects to the Louisiana Regional Poison Control Center.
C. The department shall, whenever practical and feasible, enhance the capability of local governing authorities and repositories to maintain and update public information, train personnel in repository management, and to develop other capabilities to assist in their compliance with this Chapter.
D. Each local governing authority may adopt an ordinance to impose fees or charges on owners or operators whose facilities are located within the parish and who are subject to the reporting requirements of the Superfund Amendments and Reauthorization Act of 1986, Title III, 42 U.S.C. 11022. The amount of the fee or charge imposed pursuant to this Subsection shall provide anticipated proceeds not to exceed the anticipated costs for performing the services required in this Section, and the Superfund Amendments and Reauthorization Act of 1986, Title III, 42 U.S.C. 11022, including those initial costs necessary to establish a system for storage, updating, and dissemination of the information herein required to be made available to the public. In no case shall the fees or charges imposed on any one person by the local governing authority exceed one dollar per page, fifty dollars per inventory report, or three hundred dollars per report including but not limited to reporting multiple facilities in one parish. In no case shall charges imposed on small businesses, as defined in this Chapter, exceed fifteen dollars per inventory report.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1; Acts 1988, No. 753, §1, eff. July 15, 1988; Acts 1992, No. 541, §1; Acts 1997, No. 1046, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2371. Trade secret protection

RS 30:2371 - Trade secret protection
With regard to trade secret protection and the information disclosure requirements of this Chapter, the state of Louisiana, through the Department of Public Safety and Corrections, hereby adopts as its own the trade secret provisions as found in Title III of the Superfund Amendments and Reauthorization Act, 42 U.S.C. 11042. All petitions for trade secret protection must be filed with the administrator of the United States Environmental Protection Agency.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1; Acts 1997, No. 1046, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2372. Trade secrets; emergency treatment disclosure

RS 30:2372 - Trade secrets; emergency treatment disclosure
A. With regard to trade secret information needed for medical diagnosis or treatment of a person exposed to a hazardous material, the state of Louisiana, through the Department of Public Safety and Corrections, hereby adopts as its own the trade secret provisions as found in Title III of the Superfund Amendments and Reauthorization Act, 42 U.S.C. 11042.
B. Nothing in this Section shall be construed so as to interfere with the duty of a physician to report actual or potential public health problems to the proper authorities.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1997, No. 1046, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2374. Fees

RS 30:2374 - Fees
A. An annual fee shall be submitted with the inventory form by each owner or operator required to report under this Chapter. The fee shall be assessed in proportion to the number of hazardous materials manufactured, used, or stored on site.
B.(1) The fees for facilities not meeting the definition of "small business" in R.S. 30:2363 shall be assessed as follows:
Number of Hazardous Materials
Amount of
Present at Facility
Fees Charged
01 to 25
$ 65.00
26 to 75
$ 85.00
76 to 100
$170.00
Over 100
$255.00
(2) Any facility required to pay a fee pursuant to this Section and any retail gas station exempt from reporting pursuant to R.S. 30:2370 shall not be required to pay an additional fee to the local emergency planning committee other than the fees already imposed by the local emergency planning committee for the collection of information required by this Chapter.
(3) In the case of owners or operators reporting facilities with numbers of hazardous materials referenced above at multiple locations throughout the state, no owner or operator shall be assessed total fees in excess of two thousand dollars.
(4) The fee per facility for small businesses as defined in this Chapter shall not exceed twenty-five dollars.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1; Acts 1992, No. 540, §1; Acts 1992, No. 984, §9; Acts 1997, No. 1046, §1; Acts 1999, No. 771, §1; Acts 1999, No. 1166, §1, eff. July 9, 1999; Acts 2001, No. 1087, §1; Acts 2003, No. 331, §1; Acts 2008, No. 884, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2375. Access to facilities for emergency response

RS 30:2375 - Access to facilities for emergency response
A. When there has been a release subject to the reporting requirements of R.S. 30:2373(B), the owners and operators of the facility where the release occurred shall, upon the request or demand, allow access to the facility by the designated local emergency response agency without delay; however, each representative of the designated local emergency response agency seeking access to the facility shall be certified or qualified in the handling of hazardous materials by an appropriate governmental agency and qualified in dealing with the particular emergency and the equipment and/or the facility involved. The parish governing authority shall designate one local emergency response agency which shall have access to facilities within the parish pursuant to this Section. The owner or operator of a facility where a release has occurred may delay access to the facility for a reasonable period of time, to the extent necessary in order to secure the facility, insure immediate safety, preserve property, or verify the authority of those persons seeking access to the facility pursuant to this Section.
B. An owner or operator who fails to comply with the requirements of this Section shall be subject to a civil fine of five thousand dollars.
C. The fine provided for in this Subsection shall be due, in the aggregate, to the agencies denied access in violation of this Section and may be levied by the district court of the parish in which the violations occurred.
D. Each representative of a state or local emergency response agency provided access to a facility under this Section shall be under the strict supervision of facility personnel and shall not take any direct action to respond to the release unless specifically authorized to do so by such facility personnel.
E. None of the provisions of this Section shall prohibit or hinder the Transportation and Environmental Safety Section of the Office of State Police from coordinating an emergency response as authorized in R.S. 30:2376.
Acts 1995, No. 1037, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2376. Monitoring and enforcement

RS 30:2376 - Monitoring and enforcement
A. The deputy secretary or his designees shall have the right to reasonably monitor owners or operators to ensure their compliance with this Chapter. They shall have the right to enter and inspect any facility in which they have reasonable cause to believe hazardous material, the reporting of which is required by this Chapter, is manufactured, stored, used, or released and which has not been reported, and to require the report of the presence of such hazardous material as required by this Chapter.
B. The deputy secretary may conduct investigations, make reports, conduct hearings, and conduct, directly or indirectly, the research, development, demonstration, or training activities necessary to undertake his responsibilities and exercise his authority under Subsection A of this Section. The deputy secretary, through the office of state police, hazardous materials unit, shall act as coordinator of emergency response activities arising as a result of releases of materials regulated under this Chapter.
C. Nothing in this Chapter shall be intended to diminish any sheriff's responsibility with regard to his authority to address emergency response needs in his parish.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1; Acts 1997, No. 1046, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2377. Reports

RS 30:2377 - Reports
The Department of Public Safety and Corrections, in consultation with the commission, shall make an annual report by April first to the Senate Committee on Environmental Quality, the House Committee on Natural Resources and Environment, and the governor regarding:
(1) The progress made in developing, implementing, compiling, disseminating, and coordinating the information system.
(2) The level of reporting by owners and operators.
(3) Additional recommendations for legislation and other recommendations to facilitate compliance with the provisions of this Chapter.
(4) The problems experienced by owners and operators and state and local government and agencies in complying with this Chapter.
(5) Reporting forms and procedures used by governmental agencies to require the reporting of the manufacture, use, storage, or release of hazardous materials which should be replaced by the inventory form.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1; Acts 1991, No. 21, §1, eff. June 14, 1991; Acts 1997, No. 1046, §1; Acts 2008, No. 580, §2.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2378. Administrative procedures

RS 30:2378 - Administrative procedures
A. All proceedings conducted under this Chapter and all rules and regulations adopted pursuant to this Chapter shall be conducted or adopted in accordance with the Administrative Procedure Act and the Open Meetings Law.
B. All legislative oversight jurisdiction for the implementation of this Chapter, including the promulgation of rules and regulations, shall be placed with the Senate Committee on Environmental Quality and the House Committee on Natural Resources and Environment.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1991, No. 21, §1, eff. June 14, 1991; Acts 1997, No. 1046, §1; Acts 2008, No. 580, §2.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2379. Preemption

RS 30:2379 - Preemption
A. No local governing authority, municipality, parish, or other local governmental entity may enact, adopt, or enforce an ordinance, law, or regulation relative to hazardous materials reporting or any other provisions of this Chapter, except as otherwise specifically authorized by state law. However, if reporting requirements to agencies in the federal government under federal law conflict with reporting requirements under this Chapter, the affected entities shall file those reports. This Chapter shall have prospective effect only.
B. The commission and the department shall, where practical and feasible, incorporate local purposes into the state information system and provide local access to such information, subject to the qualifications provided for in R.S. 30:2368(B)(1).
Acts 1989, No. 505, §1; Acts 1997, No. 1046, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2380. Right-to-Know Dedicated Fund Account

RS 30:2380 - Right-to-Know Dedicated Fund Account
A. Subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, all monies collected pursuant to R.S. 30:2373 shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund, after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within a fiscal year, the treasurer shall, prior to placing such remaining funds in the state general fund, pay into a special statutorily dedicated fund account, which is hereby created in the state treasury and designated as the "Right-to-Know Dedicated Fund Account", hereinafter referred to as the "account", an amount equal to all monies collected pursuant to R.S. 30:2373. The balance in the account shall not exceed two million dollars. Any monies in excess of that amount shall revert to the general fund. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.
B. Monies in the account shall be paid to the deputy secretary on his warrant and shall be used to develop the Louisiana Chemical Network (LCN), a statewide centralized inventory and release reporting system. This centralized reporting system is intended to eliminate duplication in reporting requirements, develop centralized data management, and provide processed data to all parishes via the local emergency planning committees (LEPCs). The department shall have the responsibility to develop a centralized data distribution system and provide the local emergency planning committees with the necessary equipment, software, and training to support its application. The monies in the account shall be dedicated to equipment acquisition and personnel training for LEPCs and for the department to properly staff the centralized data management functions. The deputy secretary shall adopt the necessary rules and regulations to administer this system.
Acts 1997, No. 1046, §1; Acts 2021, No. 114, §6, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2392. Purpose

RS 30:2392 - Purpose
The legislature hereby finds and declares that the use of potable water for nonpotable uses, including but not limited to cemeteries, golf courses, parks, highway landscaped areas, and industrial uses, is a waste of our most precious natural resource, which is an essential element for life. There is a need for a reliable source of water for uses that should not draw from the supply of potable water. With the proper investment and development of the necessary infrastructure, the creation of dependable reclaimed water resources will meet nonpotable needs and relieve stress on potable water resources. A drought-proof supply of water will assist industry and encourage economic development. In furtherance of the legislature's constitutional mandate to protect the natural resources of the state as provided in Article IX, Section 1 of the Constitution of Louisiana, there is hereby established the Louisiana Reclaimed Water Law.
Acts 2003, No. 985, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2393. Definitions

RS 30:2393 - Definitions
The following terms shall have the following meanings for the purposes of this Chapter:
(1) "Available reclaimed water source" means reclaimed water that meets all of the following requirements:
(a)(i) The source of reclaimed water is of sufficient quality for the proposed beneficial use considering all relevant factors including but not limited to safety, effects of the beneficial use based on specific constituents in the reclaimed water source, and effects on state and federal water discharge permits. The quality of the reclaimed water shall meet all applicable state and federal water quality standards and the following standards at the discharge from the producer's plant site:
BOD5 ≤ 5 mg/L
TSS ≤ 5 mg/L
NH³-N ≤ 2 mg/L
TN ≤ 10 mg/L
Chlorine residual ≥ 2 mg/L
(ii) The reclaimed water producer must keep verifiable records of water quality as determined by effluent testing seven days per week. Such tests must be either flow proportional composite sampling or electronic testing with laboratory verification.
(b) The use of reclaimed water will not adversely affect downstream water quality and will not be injurious to wildlife, fish, or plant life.
(c) The reclaimed water must be furnished to the user at a cost that is equal to or less than the cost of potable water, in accordance with R.S. 30:2396.
(2) "Beneficial uses" means the technologically feasible uses of reclaimed water for domestic, municipal, industrial, agricultural, recreational, or therapeutic purposes.
(3) "Reclaimed water" means water that, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use and that is therefore considered a valuable resource.
(4) "Reclaimed water producer" means any public or private entity that produces, transmits, or distributes reclaimed water.
Acts 2003, No. 985, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2394. Use of potable groundwater; prohibition

RS 30:2394 - Use of potable groundwater; prohibition
A. No public or private entity shall use groundwater of quality suitable for potable domestic use to irrigate the grassy non-developed areas of cemeteries, golf courses built and completed on and after August 15, 2003, parks, and highway landscaped areas, if there exists an available reclaimed water source as defined in R.S. 30:2393(1).
B. Public or private entities that use a source of potable water for cooling tower applications and industrial purposes or to irrigate the grassy areas of golf courses built and completed before August 15, 2003, shall examine the use of reclaimed water, if an available reclaimed water source exists as defined in R.S. 30:2393(1), and may use the reclaimed water for those purposes and applications.
C. Public or private entities that use a source of potable water to irrigate crops not intended for human consumption are encouraged, but not mandated, to use reclaimed water.
D. Public or private entities which grow, package, or produce food for human consumption are specifically excluded from this Chapter.
Acts 2003, No. 985, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2395. Identification of uses and customers

RS 30:2395 - Identification of uses and customers
A. Reclaimed water producers and potential customers may cooperate in joint technical, economic, and environmental studies to develop available reclaimed water sources.
B. Reclaimed water producers may identify potential customers for an available reclaimed water source. A reclaimed water producer that has identified a potential customer may, in writing, request that the customer enter into an agreement for the producer to provide reclaimed water.
C. Current users of potable groundwater for nonpotable uses may identify reclaimed water producers. Such a user that has identified a potential reclaimed water producer with an available reclaimed water source may, in writing, request that the reclaimed water producer enter into an agreement to supply reclaimed water.
Acts 2003, No. 985, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2396. Costs

RS 30:2396 - Costs
The producers of reclaimed water shall not sell water to customers at a price over the following amounts which shall include the cost to the reclaimed water producer for physical facilities to produce and transport the reclaimed water:
(1) For customers currently purchasing potable water from a third party, the cost for reclaimed water shall not exceed the price per gallon, including the cost of piping or transporting the reclaimed water, that the customer paid to the third-party potable provider.
(2) For customers who currently self-produce and use water from a potable water source, the cost for reclaimed water, including any and all fees, shall not exceed the customer's cost of producing water.
Acts 2003, No. 985, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2397. Distribution of revenue

RS 30:2397 - Distribution of revenue
The state treasurer shall each fiscal year deposit the revenues generated under the provisions of this Chapter from taxes applicable to the sale of reclaimed water or other sources as provided for by law into the Bond Security and Redemption Fund. Out of the funds from such sources remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall deposit an amount equal to one-quarter of the revenues generated from the reclaimed water program into the Clean Water State Revolving Fund, enacted in R.S. 30:2301 et seq., which shall be used for making grants to local governments to finance primary waste treatment facilities; one-quarter into the Coastal Resources Trust Dedicated Fund Account, created in R.S. 49:214.40; and the remainder shall be used by the Department of Energy and Natural Resources for the protection of groundwater resources. Use of these funds shall be subject to an appropriation by the legislature.
Acts 2003, No. 985, §1; Acts 2010, No. 296, §1, eff. June 17, 2010; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2023, No. 150, §5, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2399. Design of reclaimed water system

RS 30:2399 - Design of reclaimed water system
A. Reclaimed water systems shall be designed with the goal of preventing the contamination of potable water.
B. All transmission and distribution piping for a reclaimed water system shall comply with the requirements of Part XII (Water Supply) and Part XIV (Plumbing) of the Louisiana State Sanitary Code relative to color-coding, nonpotable water identification, complete separation from potable water systems, separation distances from potable water piping when run in parallel, separation distance requirements when crossing potable water line, and such other necessary items.
Acts 2003, No. 985, §1.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2411. Legislative findings; purpose; intent; application

RS 30:2411 - Legislative findings; purpose; intent; application
A.(1) The legislature finds that removal of certain materials from the solid waste stream going into landfills currently being utilized for the disposal of solid waste in Louisiana is necessary in order to protect our environment, prevent nuisances, protect the public health, safety, and welfare, extend the usable life of the facilities, aid in the conservation and recovery of valuable resources, and to conserve energy by efficient reuse of these products, thereby benefiting all citizens of the state.
(2) The legislature further finds that the identification of markets and distribution networks for recyclable or recycled materials is a necessary prerequisite to the orderly development of statewide recycling programs.
(3) The legislature further finds that the state must demonstrate its commitment to proper solid waste management by establishing source separation and recycling programs, and by encouraging market development through the purchase of recycled products by the state government.
B. It is declared to be the purpose of this Chapter to:
(1) Establish a goal of reducing the solid waste stream through waste reduction, reuse, and recycling by thirty percent by December 31, 2006.
(2) Encourage the development of solid waste reduction and recycling as a management procedure at all solid waste facilities in the state and to promote recovery of recyclable materials so as to preserve and enhance the quality of air, water, and land resources.
(3) Encourage the development of the state's recycling industry, thereby conserving the natural resources and energy through reuse.
(4) Require state agencies to procure recycled goods to the maximum extent possible.
(5) Encourage political subdivisions to develop recycling programs allowing each subdivision flexibility to choose the type of program most advantageous to each.
(6) Develop and implement effective public education programs concerning recycling in order to encourage recycling so as to preserve and enhance the natural beauty of the land, waters, and air of the state.
(7) Encourage the expansion of businesses located in Louisiana and to whatever extent possible, to look favorably on Louisiana businesses in the recycling industry, which industry includes, but is not limited to those businesses that manufacture, distribute, or act as brokers for recycled products.
C. It is the intent of the legislature, whenever economically feasible and as markets allow, to continually expand the policies of the state to require utilization of recycled resources in the daily operations of the state.
D. The provisions of this Chapter shall only apply to waste that is nonhazardous under the provisions of this Subtitle and the rules adopted pursuant thereto.
Acts 1989, No. 185, §1, eff. Sept. 1, 1989; Acts 1995, No. 1297, §1; Acts 2006, No. 829, §1.
{{NOTE: SEE §§2 AND 3 OF ACTS 1989, NO. 185.}}