Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 1 - Public Notification of Contamination › Section I-109 - Notification Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department shall provide notification to the public for sites within the
				  department's regulatory jurisdiction, as reasonably determined by the
				  department to be appropriate in accordance with the considerations identified
				  in this Chapter.
B. The department
				  shall issue notice of a release that poses a significant risk of adverse health
				  effects to persons whom the department reasonably determines are likely to be
				  adversely affected by the release.
C. The department may prioritize sites for
				  provision of notice, as appropriate, according to the factors identified in
				  this Section, although notice should in all events be given as soon as
				  reasonably practicable.
D. The
				  following chart provides the content and time frame for providing notification.
Public Notice No. 1
Public Notice No. 2
Triggering Event
When the department becomes aware of information
								and determines that a release is likely to have off-site impacts that exceed
								the applicable federal or state health and safety standard and pose a
								significant risk of adverse health effects.
When the department confirms off-site impact that
								exceeds the applicable federal or state health and safety standard and the
								department determines that the off-site impact poses a significant risk of
								adverse health effects.
When to Provide Public Notice
When an emergency or exigent circumstance exists,
								notice shall be given as soon as practicable under the circumstances by using
								any reasonable means or, otherwise, within 30 days of the triggering event.
When an emergency or exigent circumstance exists,
								notice shall be given as soon as practicable under the circumstances by using
								any reasonable means or, otherwise, within 30 days of the triggering event.
Contents of Public Notice
1. Physical address of the release site.
2. Description of the contaminant.
3. Corrective action efforts.
4. Name, phone number, and address of contact
								person for both the responsible party and the department.
5. Other information the department determines is
								necessary to protect human health and the environment.
1. Physical address of the release site.
2. Description of the contaminant.
3. Corrective action efforts.
4. Any potential adverse health effects.
5. Name, phone number, and address of contact
								person for both the responsible party and the department.
6. Other information the department determines is
								necessary to protect human health and the environment.
E.
				  Procedure for Providing Notice to the Public
1. The public notice required by this Chapter
				  must be:
a. communicated in plain
				  language;
b. printed and formatted
				  in a manner that promotes the purpose of the notice when the notice is printed
				  or posted;
c. free of language that
				  nullifies the purpose of the notice;
d. displayed in a conspicuous way when
				  printed or posted; and
e. sized 3
				  inches x 5 inches, at a minimum, in newspapers, parish journals, etc., when
				  published in such publications.