Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 9 - Voluntary Remediation › Section VI-903 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				definitions apply to terms used in this Chapter. Except as provided in this
				Section, the terms in this Chapter retain the definitions provided in LAC
				33:VI.117.
Applicant
-a person who has submitted an
				  application, as described in LAC 33:VI.911, to participate in the voluntary
				  remediation program.
Application
-a submission to the department,
				  as described in LAC 33:VI.911, for participation in the voluntary remediation
				  program.
Certificate of Completion
-written approval
				  for a specific voluntary remediation site issued by the administrative
				  authority to a person who has undertaken and completed a voluntary remedial
				  action at the site in accordance with a previously-approved remedial action
				  plan and that achieved the remedial action goals in the plan. Upon issuance,
				  this approval provides release from liability in accordance with LAC
				  33:VI.907.
Nonresponsible Person
-a person who is not a
responsible person
as defined in this Section.
Partial Voluntary Remedial Action
- a
				  voluntary remedial action for which not all discharges or disposals or
				  threatened discharges or disposals at a voluntary remediation site are removed
				  or remediated (e.g., soils are remediated, but groundwater is not, or only a
				  portion of the site is remediated). Partial voluntary remedial actions must be
				  consistent with RECAP, and any reuse of the site must not pose a significant
				  threat to public health, safety, and welfare and the environment.
RECAP
-Louisiana Risk Evaluation/Corrective
				  Action Program as presented in LAC 33:I.Chapter 13.
Responsible Person
or
Responsible
				  Landowner
-a person who is responsible under the provisions of R.S.
				  30:Chapter 12.Part I and LAC 33:VI for the discharge or disposal or threatened
				  discharge or disposal of a hazardous substance or hazardous waste at a
				  voluntary remediation site, except that, for the purposes of this Chapter, a
				  person who owns or has an interest in a voluntary remediation site is generally
				  not a responsible person or responsible landowner, unless that person:
a. was engaged in the business of generating, transporting,
				  storing, treating, or disposing of a hazardous substance or hazardous waste on
				  or in the site, or knowingly permitted others to engage in such a business on
				  the site;
b. knowingly permitted any person to make regular use of the
				  site for disposal of waste;
c. knowingly permitted any person to use the site for
				  disposal of a hazardous substance;
d. knew or reasonably should have known that a hazardous
				  substance was located in or on the site at the time right, title, or interest
				  in the site was first acquired by the person and engaged in conduct associating
				  that person with the discharge or disposal; or
e. took action that significantly contributed to the
				  discharge or disposal after that person knew or reasonably should have known
				  that a hazardous substance was located in or on the site.
Voluntary Remedial Action
-risk-based
				  cleanup of a voluntary remediation site performed in accordance with an
				  approved voluntary remedial action plan. Unless specified as a partial
				  voluntary remedial action, all discharges or disposals or threatened
				  discharges or disposals are removed or remediated. Voluntary remedial actions
				  must be consistent with RECAP.
Voluntary Remediation
-participation in the
				  voluntary remediation program, including application, remedial investigation,
				  remedial action, and receipt of certificate of completion.
Voluntary Remediation Program
-program
				  operated in accordance with R.S. 30:Chapter 12.Part II and this Chapter, under
				  which persons may apply to the department to investigate, perform voluntary
				  remedial actions at, and receive certificates of completion for voluntary
				  remediation sites.
Voluntary Remediation Site
-area of
				  immovable property that is clearly identified by survey and legal description
				  at which a voluntary remedial action is to be performed, is being performed, or
				  has been performed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et seq., and in particular
				  R.S.
				  30:2285 et
				  seq.