reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 7 - Methods of Release Detection and Release Reporting, Investigation, Confirmation, and Response › Section XI-713 - Reporting and Cleanup of Spills and Overfills

Current through Register Vol. 50, No. 6, June 20, 2024
A. Owners and operators of UST systems shall
				immediately stop ongoing aboveground releases to the environment and shall
				contain and immediately clean up all spills and overfills. Owners and operators
				of UST systems shall report and begin corrective action in accordance with LAC
				33:XI.715 in the following cases.
1. Any spill
				or overfill of petroleum or motor fuel that has resulted in a release to the
				environment that exceeds 25 gallons, that causes a sheen on nearby surface
				water, or results in an
emergency condition
, as defined in LAC
				33:I.3905, shall be reported in accordance with LAC 33:I.Chapter 39
				immediately, but in no case later than one hour, regardless of the amount
				released.
2. Any spill or overfill
				of a hazardous substance that has resulted in a release to the environment that
				equals or exceeds the reportable quantity for that substance in LAC 33:I.3931
				or results in an
emergency condition
, as defined in LAC
				33:I.3905, shall be reported in accordance with LAC 33:I.Chapter 39
				immediately, but in no case later than one hour, regardless of the amount
				released. A release of a hazardous substance equal to or in excess of its
				reportable quantity shall also be reported immediately (rather than within 24
				hours) to the National Response Center, under sections 102 of the Comprehensive
				Environmental Response, Compensation, and Liability Act of 1980, and to
				appropriate authorities under title III of the Superfund Amendments and
				Reauthorization Act of 1986 (40 CFR
				355.40).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 7 - Methods of Release Detection and Release Reporting, Investigation, Confirmation, and Response › Section XI-715 - Release Response and Corrective Action for UST Systems Containing Petroleum, Motor Fuel, or Hazardous Substances

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability. Owners and operators of
				petroleum, motor fuel, or hazardous substance UST systems shall, in response to
				a confirmed release from the UST system, comply with the requirements of this
				Section except for USTs excluded under LAC 33:XI.101.B and UST systems subject
				to the department's Hazardous Waste Regulations. Investigations and corrective
				actions required by this Section shall comply with LAC 33:I.Chapter 13, Risk
				Evaluation/Corrective Action Program.
B. Initial Response. When a release is
				confirmed in accordance with LAC 33:XI.711 or after a release from the UST
				system is identified in any other manner, owners and operators shall take the
				following initial response actions within 24 hours of the release.
1. Report the release to the department in
				accordance with LAC 33:I.3923.
2.
				Take immediate action to prevent any further release of the regulated substance
				into the environment.
3. Identify
				and mitigate fire, explosion, and vapor hazards.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 8 - UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems › Section XI-801 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Implementation of Requirements
1. Owners and
				operators shall comply with the requirements of this Chapter for UST systems
				with field-constructed tanks and airport hydrant systems as follows.
a. For UST systems installed on or before
				September 20, 2018, the requirements are effective according the following
				schedule:
i. upgrading UST systems, general
				operating requirements, and operator training on or before September 20,
				2021;
ii. release detection on or
				before September 20, 2021; and
iii.
				release reporting, response investigation, closure, financial responsibility
				and notification, except as provided in Subsection B of this Section, on or
				before September 20, 2018.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 8 - UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems › Section XI-803 - Additions, Exceptions, and Alternatives for UST Systems with Field-Constructed Tanks and Airport Hydrant Systems

Current through Register Vol. 50, No. 6, June 20, 2024
A. Exceptions to Piping Secondary Containment
				Requirements. Owners and operators may use single walled piping when installing
				or replacing piping associated with UST systems with field-constructed tanks
				greater than 50,000 gallons and piping associated with airport hydrant systems.
				Piping associated with UST systems with field-constructed tanks less than or
				equal to 50,000 gallons not part of an airport hydrant system shall meet the
				secondary containment requirements when installed or replaced.
B. Upgrade Requirements. Not later than
				September 20, 2021, airport hydrant systems and UST systems with
				field-constructed tanks where installation commenced on or before September 20,
				2018 shall meet the following requirements or be permanently closed in
				accordance with LAC 33:XI.Chapter 9.
1.
				Corrosion Protection
a. UST system components
				that routinely contain regulated substances and that are in contact with soil,
				backfill, or water shall meet one of the following:
i. except as provided in Paragraph A of this
				Section, the new UST system performance standards for tanks in LAC
				33:XI.303.D.a and for piping in LAC 33:XI.303.D.2; or
ii. be constructed of metal and cathodically
				protected according to a code of practice developed by a nationally recognized
				organization or independent testing laboratory and meet the following;
(a). cathodic protection shall meet the
				requirements of LAC 33:XI.303.D.1.b.ii, iii, and iv for tanks and LAC
				33:XI.303.D.2.b.ii, iii, and iv for piping; and
(b). tanks greater than 10 years old without
				cathodic protection shall be assessed to ensure that the tank is structurally
				free of corrosion holes prior to adding cathodic protection. The assessment
				shall be by internal inspection or another method determined by the department
				to adequately assess the tank for structural soundness and corrosion
				holes.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 9 - Out-of-Service UST Systems and Closure › Section XI-901 - Applicability to Previously Closed UST Systems

Current through Register Vol. 50, No. 6, June 20, 2024
A. The owner and operator of a UST system
				permanently closed before July 20, 1990, shall assess the excavation zone and
				close the UST system in accordance with this Chapter if directed to do so by
				the department. The department shall direct that such closure be undertaken if
				releases from the UST may, in the judgment of the department, pose a current or
				potential threat to human health and the environment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 9 - Out-of-Service UST Systems and Closure › Section XI-903 - Temporary Closure

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a UST
				system is temporarily closed, owners and operators shall continue operation and
				maintenance of corrosion protection in accordance with LAC 33:XI.303 and 503,
				regardless of the amount of product stored in the UST system. The requirements
				of this Section apply to all tanks, piping, metal flexible hoses, and
				submersible turbine pumps.
1. Impressed
				current systems on temporarily closed UST systems shall be operated
				continuously to provide corrosion protection to the metal components of
				external portions of the UST system that are in contact with soil, backfill, or
				water, and shall be tested every three years in order to determine whether
				cathodic protection is adequate, in accordance with LAC 33:XI.503.A.2.
a. If an impressed current system has been
				inoperative for more than six months or if the impressed current system has not
				been repaired within nine months after failing a corrosion protection test, the
				UST owner shall either:
i. have the corrosion
				protection system repaired, retested, and recommissioned under the supervision
				of a corrosion expert within 90 days; or
ii. permanently close the UST system in
				accordance with LAC 33:XI.905 and 907.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 9 - Out-of-Service UST Systems and Closure › Section XI-905 - Permanent Closure and Changes-in-Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. At least 30 days before beginning either
				permanent closure or a change-in-service under Subsections B, C, and D of this
				Section, owners and operators shall notify the Office of Environmental
				Assessment of their intent to permanently close or make the change-in-service,
				unless such action is in response to corrective action.
1. UST owner shall submit a completed
				UST-SURV-01 form.
2. UST owner
				and/or certified worker(s) responsible for the closure critical junctures shall
				notify the appropriate regional office of the Office of Environmental
				Assessment by phone, mail, email, fax, or online (when available) at least
				seven days prior to implementing the permanent closure or change-in-service and
				prior to commencing any
closure-critical junctures,
as defined
				in LAC 33:XI.1303.
3. Beginning
				January 20, 1992, all owners and operators shall ensure that an individual
				exercising supervisory control over
closure-critical junctures
(as defined in LAC 33:XI.1303) is certified in accordance with LAC
				33:XI.Chapter 13. The assessment of the excavation zone required under LAC
				33:XI.907 shall be performed after the department is notified but before the
				permanent closure or change-in-service is completed.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 9 - Out-of-Service UST Systems and Closure › Section XI-907 - Assessing the Site at Closure or Change-in-Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before permanent closure or a
				change-in-service is completed, owners and operators shall measure for the
				presence of a release where contamination is most likely to be present at the
				UST site, in accordance with the guidelines established by the department. In
				selecting sample types, sample locations, and measurement methods, owners and
				operators shall consider the method of closure, the nature of the stored
				substance, the type of backfill, the depth to groundwater, and other factors
				appropriate for identifying the presence of a release. Within 60 days following
				permanent closure or change-in-service, the UST owner shall submit the
				following to the Office of Environmental Assessment:
1. a completed underground storage tank
				closure/assessment form (UST-SURV-02); and
2. results of the closure assessment (e.g.,
				closure assessment report).
a. The assessment
				results (e.g., closure assessment report) shall include a site diagram
				indicating locations where samples were collected, laboratory analytical
				results table, laboratory analytical report and chain of custody, manifests,
				and conveyance notice if applicable, in accordance with the guidelines
				established by the department.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1101 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				applies to owners and operators of all petroleum or motor fuel underground
				storage tank (UST) systems except as otherwise provided in this
				Section.
B. Owners and operators of
				petroleum or motor fuel UST systems are subject to these requirements in
				accordance with LAC 33:XI.1103.
C.
				State and federal government entities whose debts and liabilities are the debts
				and liabilities of a state or the United States are exempt from the
				requirements of this Chapter.
D.
				The requirements of this Chapter do not apply to owners and operators of any
				UST system described in LAC 33:XI.101.B and 101.C.1.a, b, and c.
E. If the owner and operator of a petroleum
				or motor fuel underground storage tank are separate persons, only one person is
				required to demonstrate financial responsibility; however, both parties are
				liable in event of noncompliance.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1103 - Compliance Dates

Current through Register Vol. 50, No. 6, June 20, 2024
A. Owners of
				petroleum or motor fuel underground storage tanks shall comply with the
				applicable requirements of this Chapter. Previously deferred UST systems shall
				comply with the requirements of this Chapter according to the schedule in LAC
				33:XI.801.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1107 - Amount and Scope of Required Financial Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. Owners or operators of petroleum or motor
				fuel underground storage tanks shall demonstrate financial responsibility for
				taking corrective action and for compensating third parties for bodily injury
				and property damage caused by accidental releases arising from the operation of
				petroleum underground storage tanks in at least the following per-occurrence
				amounts:
1. for owners or operators of
				petroleum or motor fuel underground storage tanks that are located at petroleum
				marketing facilities, or that handle an average of more than 10,000 gallons of
				petroleum or motor fuel per month based on annual throughput for the previous
				calendar year, $1,000,000; and
2.
				for all other owners or operators of petroleum or motor fuel underground
				storage tanks, $500,000.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1109 - Allowable Mechanisms and Combinations of Mechanisms

Current through Register Vol. 50, No. 6, June 20, 2024
A. Subject to the limitations of Subsection B
				of this Section, an owner or operator may use any one or combination of the
				mechanisms listed in LAC 33:XI.1111-1125 to demonstrate financial
				responsibility under this Chapter for one or more underground storage
				tanks.
B. An owner or operator may
				use self-insurance in combination with a guarantee only if, for the purpose of
				meeting the requirements of the financial test under this rule, the financial
				statements of the owner or operator are not consolidated with the financial
				statements of the guarantor.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1111 - Financial Test of Self-Insurance

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				An owner or operator, and/or guarantor, may satisfy the requirements of LAC
				33:XI.1107 by passing a financial test as specified in this Section. To pass
				the financial test of self-insurance, the owner or operator, and/or guarantor
				shall meet the criteria of Subsection B or C of this Section based on year-end
				financial statements for the latest completed fiscal year.
B. The owner or operator, and/or guarantor,
				shall meet the requirements of Paragraph 1 of this Subsection below.
1. The owner or operator, and/or guarantor,
				shall meet the following requirements.
a. The
				owner or operator, and/or guarantor, shall have a tangible net worth of at
				least 10 times:
i. the total of the
				applicable aggregate amount required by LAC 33:XI.1107, based on the number of
				underground storage tanks for which a financial test is used to demonstrate
				financial responsibility to the administrative authority under this
				Section;
ii. the sum of the
				corrective action cost estimates, the current closure and post-closure care
				cost estimates, and the amount of liability coverage for which a financial test
				is used to demonstrate financial responsibility under LAC 33:V.3322, 3707,
				3711, 3715, 4403, 4407, and 4411; and
iii. the sum of current plugging and
				abandonment cost estimates for which a financial test is used to demonstrate
				financial responsibility to EPA under
				40 CFR
				144.63.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1113 - Guarantee

Current through Register Vol. 50, No. 6, June 20, 2024
A. An owner or
				operator may satisfy the requirements of LAC 33:XI.1107 by obtaining a
				guarantee that conforms to the requirements of this Section. The guarantor
				shall be as described in either Paragraph 1 or 2 of this Subsection.
1. The guarantor is a firm that:
a. possesses a controlling interest in the
				owner or operator;
b. possesses a
				controlling interest in a firm described under Subparagraph A.1.a of this
				Section; or
c. is controlled
				through stock ownership by a common parent firm that possesses a controlling
				interest in the owner or operator.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1123 - Trust Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A. An owner or
				operator may satisfy the requirements of LAC 33:XI.1107 by establishing a trust
				fund that conforms to the requirements of this Section. The trustee shall be an
				entity that has the authority to act as a trustee and whose trust operations
				are regulated and examined by a federal agency or an agency of the state in
				which the fund is established.
B.
				The wording of the trust agreement shall be identical to the wording specified
				in LAC 33:XI.1125.B.1, and shall be accompanied by a formal certification of
				acknowledgement as specified in LAC 33:XI.1125.B.2.
C. The trust fund, when established, shall be
				funded for the full required amount of coverage, or funded for part of the
				required amount of coverage and used in combination with other mechanism(s)
				that provide the remaining required coverage.
D. If the value of the trust fund is greater
				than the required amount of coverage, the owner or operator may submit a
				written request to the Office of Environmental Assessment for release of the
				excess.
E. If other financial
				assurance as specified in this Chapter is substituted for all or part of the
				trust fund, the owner or operator may submit a written request to the Office of
				Environmental Assessment for release of the excess.
F. Within 60 days after receiving a request
				from the owner or operator for release of funds as specified in Subsection D or
				E of this Section, the administrative authority will instruct the trustee to
				release to the owner or operator such funds as the administrative authority
				specifies in writing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1127 - Substitution of Financial Assurance Mechanisms by Owner or Operator

Current through Register Vol. 50, No. 6, June 20, 2024
A. An owner or
				operator may substitute any alternate financial assurance mechanisms as
				specified in this Chapter, provided that at all times he or she maintains an
				effective financial assurance mechanism or combination of mechanisms that
				satisfies the requirements of LAC 33:XI.1107.
B. After obtaining alternate financial
				assurance as specified in this Chapter, an owner or operator may cancel a
				financial assurance mechanism by providing notice to the provider of financial
				assurance.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1129 - Cancellation or Nonrenewal by a Provider of Financial Assurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				otherwise provided, a provider of financial assurance may cancel or fail to
				renew an assurance mechanism by sending a notice of termination by certified
				mail to the owner or operator.
1. Termination
				of a guarantee, a surety bond, or a letter of credit may not occur until 120
				days after the date on which the owner or operator receives the notice of
				termination, as evidenced by the return receipt.
2. Termination of insurance or risk retention
				group coverage may not occur until 60 days after the date on which the owner or
				operator receives the notice of termination, as evidenced by the return
				receipt.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1131 - Reporting by Owner or Operator

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				An owner or operator shall submit to the Office of Environmental Assessment the
				appropriate forms listed in LAC 33:XI.1133.B documenting current evidence of
				financial responsibility as follows.
1. The
				owner or operator shall submit the appropriate forms within 30 days after the
				owner or operator identifies a release from an underground storage tank
				required to be reported under LAC 33:XI.713 or 715.B.
2. The owner or operator shall submit the
				appropriate forms if he or she fails to obtain alternate coverage as required
				by this Chapter, within 30 days after the owner or operator receives notice of:
a. commencement of a voluntary or involuntary
				proceeding under Title 11 (Bankruptcy), U.S. Code, naming a provider of
				financial assurance as a debtor;
b.
				suspension or revocation of the authority of a provider of financial assurance
				to issue a financial assurance mechanism;
c. failure of a guarantor to meet the
				requirements of the financial test; or
d. other incapacity of a provider of
				financial assurance.
3.
				The owner or operator shall submit the appropriate forms as required by LAC
				33:XI.1111.G and 1129.B.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1133 - Recordkeeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. Owners or
				operators shall maintain evidence of all financial assurance mechanisms used to
				demonstrate financial responsibility under this Chapter for an underground
				storage tank until released from the requirements of this Chapter under LAC
				33:XI.1137. An owner or operator shall maintain such evidence at the
				underground storage tank site or the owner's or operator's place of business.
				Records maintained off-site shall be made available upon request of the
				department.
B. An owner or operator
				shall maintain the following types of evidence of financial responsibility.
1. An owner or operator using an assurance
				mechanism specified in LAC 33:XI.1111-1123 shall maintain a copy of the
				instrument worded as specified.
2.
				An owner or operator using a financial test or guarantee shall maintain a copy
				of the chief financial officer's letter based on year-end financial statements
				for the most recent completed financial reporting year. Such evidence shall be
				on file no later than 120 days after the close of the financial reporting
				year.
3. An owner or operator using
				a guarantee, surety bond, or letter of credit shall maintain a copy of the
				signed standby trust fund agreement and copies of any amendments to the
				agreement.
4. An owner or operator
				using an insurance policy or risk retention group coverage shall maintain a
				copy of the signed insurance policy or risk retention group coverage policy,
				with the endorsement or certificate of insurance and any amendments to the
				agreements.
5. An owner or operator
				covered by the Underground Motor Fuel Storage Tank Trust Fund shall maintain on
				file a copy of the current registration certificate.
6. An owner or operator using an assurance
				mechanism specified in LAC 33:XI.1111-1123 shall maintain an updated copy of a
				certification of financial responsibility worded as follows, except that
				instructions in brackets are to be replaced with the relevant information and
				the brackets deleted.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1135 - Drawing on Financial Assurance Mechanisms

Current through Register Vol. 50, No. 6, June 20, 2024
A. The administrative authority shall require
				the guarantor, surety, or institution issuing a letter of credit to place the
				amount of funds stipulated by the administrative authority, up to the limit of
				funds provided by the financial assurance mechanism, into the standby trust
				under the circumstances described in either Paragraph A.1 or 2 below.
1. The administrative authority shall require
				that the funds be placed into the standby trust if both of the following occur:
a. the owner or operator fails to establish
				alternate financial assurance within 60 days after receiving notice of
				cancellation of the guarantee, surety bond, letter of credit, or, as
				applicable, other financial assurance mechanism; and
b. the administrative authority determines or
				suspects that a release from an underground storage tank covered by the
				mechanism has occurred and so notifies the owner or operator, or the owner or
				operator has notified the administrative authority pursuant to LAC
				33:XI.707-713 or 715 of a release from an underground storage tank covered by
				the mechanism.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1137 - Release from the Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				owner or operator is no longer required to maintain financial responsibility
				under this Chapter for an underground storage tank after the tank has been
				permanently closed or undergoes a change-in-service, or, if corrective action
				is required, after corrective action has been completed and the tank has been
				permanently closed or undergoes a change-in-service as required by LAC
				33:XI.Chapter 9.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1139 - Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within
				10 days after commencement of a voluntary or involuntary proceeding under title
				11 (
Bankruptcy
), U.S. Code, naming an owner or operator as
				debtor, the owner or operator shall notify the Office of Environmental
				Assessment by certified mail of such commencement and submit the appropriate
				forms listed in LAC 33:XI.1133.B documenting current financial
				responsibility.
B. Within 10 days
				after commencement of a voluntary or involuntary proceeding under title 11
				(
Bankruptcy
), U.S. Code, naming a guarantor providing
				financial assurance as debtor, such guarantor shall notify the owner or
				operator by certified mail of such commencement as required under the terms of
				the guarantee specified in LAC 33:XI.1113.
C. An owner or operator who obtains financial
				assurance by a mechanism other than the financial test of self-insurance will
				be deemed to be without the required financial assurance in the event of a
				bankruptcy or incapacity of its provider of financial assurance, or a
				suspension or revocation of the authority of the provider of financial
				assurance to issue a guarantee, insurance policy, risk retention group coverage
				policy, surety bond, or letter of credit. The owner or operator shall obtain
				alternate financial assurance as specified in this Chapter within 30 days after
				receiving notice of such an event. If the owner or operator does not obtain
				alternate coverage within 30 days after such notification, he shall notify the
				Office of Environmental Assessment.
D. Within 30 days after receipt of
				notification that the motor fuels underground storage tank trust fund (MFUSTTF)
				has become incapable of paying for assured corrective action or third-party
				compensation costs, the owner or operator shall obtain alternate financial
				assurance.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1141 - Replenishment of Guarantees, Letters of Credit, or Surety Bonds

Current through Register Vol. 50, No. 6, June 20, 2024
A. If at any time
				after a standby trust is funded upon the instruction of the administrative
				authority with funds drawn from a guarantee, letter of credit, or surety bond,
				and the amount in the standby trust is reduced below the full amount of
				coverage required, the owner or operator shall by the anniversary date of the
				financial mechanism from which the funds were drawn:
1. replenish the value of financial assurance
				to equal the full amount of coverage required; or
2. acquire another financial assurance
				mechanism for the amount by which funds in the standby trust have been
				reduced.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 12 - Requirements for Response Action Contractors Who Assess and Remediate Motor Fuel Contaminated Sites Eligible for Cost Reimbursement in Accordance with the Motor Fuels Underground Storage Tank Trust Fund (MFUSTTF) › Section XI-1201 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				requirements apply to persons engaged in release response action activities
				including, but not limited to, assessment, remedial planning, design,
				engineering, construction, and the operation of recovery systems or ancillary
				services that are carried out in response to any discharge or release or
				threatened release of motor fuel into the groundwater or subsurface soils, and
				who have been hired by an owner or operator who seeks and is eligible for
				reimbursement for such services under the MFUSTTF, hereinafter referred to as
				the Tank Trust Fund (TTF).
B.
				Effective July 15, 1988, the tank trust fund required that response action
				contractors (RACs) be approved by the department. Any RAC performing UST site
				work due to a release eligible for tank trust fund participation shall meet
				standards approved by the department, and its name shall appear on the RAC list
				maintained by the department. Only RACs appearing on the list at the time the
				work was performed are eligible for reimbursement from the TTF.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2194(C) and
				  2195.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 12 - Requirements for Response Action Contractors Who Assess and Remediate Motor Fuel Contaminated Sites Eligible for Cost Reimbursement in Accordance with the Motor Fuels Underground Storage Tank Trust Fund (MFUSTTF) › Section XI-1203 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Twelve months
				after promulgation of these regulations, April 20, 2002, no person shall
				conduct a response action at a UST site unless the person has met the standards
				for the qualification of a RAC, as defined herein, and appears on the approved
				current RAC listing. These RACs shall be approved for RAC listing by the
				administrative authority. The MFUSTTF Advisory Board (hereinafter referred to
				as the "Board") may recommend to the administrative authority at any time that
				RACs be added or deleted from the list.
B. Persons performing
technical
				services
, as defined in LAC 33:XI.103, shall be RACs.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2194(C) and
				  2195.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 12 - Requirements for Response Action Contractors Who Assess and Remediate Motor Fuel Contaminated Sites Eligible for Cost Reimbursement in Accordance with the Motor Fuels Underground Storage Tank Trust Fund (MFUSTTF) › Section XI-1207 - RAC Listing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notification
				Requirements. Notification in writing shall be made to the department within 30
				days by a RAC who no longer meets the qualification requirements of LAC
				33:XI.1205.A.
B. Annual Update
				Requirements. No later than March 1 of each year, each RAC shall submit the
				following information to the department:
1. a
				copy of a valid, unexpired license by the State of Louisiana Licensing Board
				for Contractors with a specialty compatible with UST assessment/remedial
				activities in the name of the RAC identified on the RAC listing;
2. a copy of a valid, unexpired certificate
				bearing the name of the person identified on the RAC listing indicating a
				minimum of $1 million contractor's general liability insurance and a minimum of
				$1 million of coverage for an accidental and/or unexpected release(s) from a
				UST system(s) and/or any other accidental releases related to site-specific RAC
				activities; and
3. a copy of a
				certificate or documentation showing current OSHA compliance for HAZWOPER
				training, as defined in
				29 CFR
				1910.120, for at least one full-time employee
				of the RAC.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 12 - Requirements for Response Action Contractors Who Assess and Remediate Motor Fuel Contaminated Sites Eligible for Cost Reimbursement in Accordance with the Motor Fuels Underground Storage Tank Trust Fund (MFUSTTF) › Section XI-1209 - Suspension/Revocation from RAC Listing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				administrative authority may suspend or revoke a RAC from the listing based on
				the following:
1. evidence of fraud or deceit
				with respect to any documentation submitted to the department; or
2. willful violation of the laws and
				regulations of Louisiana regarding site assessment or remediation.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 13 - Certification Requirements for Persons Who Install, Repair, or Close Underground Storage Tank Systems › Section XI-1301 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The requirements
				of this Chapter apply to persons engaged in critical junctures of a UST system.
				Certification is not required for those persons engaged in the process of
				relining an underground storage tank through the application of such materials
				as epoxy resins, nor does it include the process of conducting a tightness test
				to establish the integrity of the tank, or installing or initial testing of UST
				system cathodic protection systems.
B. After January 20, 1992, no person shall
				conduct critical junctures of a UST system unless the person present at the
				site and exercising responsible supervisory control over the critical juncture
				is currently certified in accordance with this Chapter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 13 - Certification Requirements for Persons Who Install, Repair, or Close Underground Storage Tank Systems › Section XI-1305 - Categories of Certification and Requirements for Issuance and Renewal of Certificates

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Categories of Certification. UST certificates issued by the department will
				address the following categories:
1.
				installation/repair; and
2.
				closure.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 13 - Certification Requirements for Persons Who Install, Repair, or Close Underground Storage Tank Systems › Section XI-1307 - Certification Examinations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nature
				of the Examinations. Examinations administered to candidates for certification
				under the terms of this Chapter shall be written, multiple-choice examinations.
				Specific examinations will be given for each category of certification. The
				questions used in an actual examination shall be extracted from a larger set of
				questions approved by the department and based on current technology and
				industry-recommended practices with respect to the proper installation, repair,
				or closure of UST systems. Questions shall be considered confidential and not
				subject to general public review procedures.
B. Source of Examination Questions. Questions
				used in the examination shall be derived from standards, instructions, and
				recommended practices listed in LAC 33:XI.599.Appendix A. Additional questions
				may be derived from regulations adopted by the department and from state and
				federal laws pertaining to UST system installation, repair, or
				closure.
C. Administration of
				Examinations
1. Examinations shall be
				conducted by personnel of the department or persons designated by the
				department.
2. Beginning after July
				20, 1991, the department or persons designated by the department shall conduct
				written examinations at such times and locations within the state as the
				department may designate in order to identify persons as being qualified to
				receive UST certification.
3. No
				fewer than four examinations shall be offered per year for each of the two
				years following July 20, 1991, and at least two examinations per year for each
				year thereafter.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 13 - Certification Requirements for Persons Who Install, Repair, or Close Underground Storage Tank Systems › Section XI-1309 - Approval of Continuing Training Courses

Current through Register Vol. 50, No. 6, June 20, 2024
A. No course in continuing education
				submitted to the Office of Environmental Assessment will be considered for
				approval unless the course:
1. is relevant to
				the subject area of installation, repair, closure, or the regulation of UST
				systems; and
2. offers instruction
				on the most current generally acceptable technology or methods for the subjects
				in LAC 33:XI.1309.A.1. The technology or methods presented shall satisfy
				department rules, and state and federal laws governing UST system installation,
				repair, or closure.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 13 - Certification Requirements for Persons Who Install, Repair, or Close Underground Storage Tank Systems › Section XI-1311 - Denial of Issuance or Renewal of a Certificate or Revocation of a Certificate

Current through Register Vol. 50, No. 6, June 20, 2024
A. Should
				an applicant be denied issuance or renewal of a UST certificate or should a
				person's certificate be revoked, the reason or reasons for such denial or
				revocation shall be set forth in writing to the person by the administrative
				authority.
B. Possible reasons for
				denial of issuance or renewal of a certificate or for revocation of a
				certificate include the following:
1. failure
				to achieve a passing grade on the written examination described in LAC
				33:XI.1307;
2. failure to submit
				required documentation;
3. previous
				revocation of a certificate held by the applicant;
4. evidence of fraud or deceit with respect
				to documentation required by and submitted to the department;
5. failure to present the identification card
				upon request of a department representative at a UST system installation,
				repair, or closure;
6. willful
				violation of the laws and regulations of Louisiana regarding UST system
				installation, repair, or closure; or
7. any other cause that, in the opinion of
				the administrative authority, constitutes adequate grounds for denial or
				revocation of a certificate.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 13 - Certification Requirements for Persons Who Install, Repair, or Close Underground Storage Tank Systems › Section XI-1313 - UST Certification Board

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Composition. The administrative authority may appoint seven members of a body
				to be known as the UST Certification Board. Members of the board shall be as
				follows:
1. the administrative authority or
				his or her designee;
2. a
				representative of the Louisiana Oil Marketers' and Convenience Store
				Association;
3. a representative of
				the Louisiana Mid-Continent Oil and Gas Association;
4. two representatives from within the
				certified UST contractor community; and
5. two representatives from within the UST
				owner community.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 14 - Grant Program › Section XI-1401 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this Chapter is to establish procedures to provide for grants for upgrades
				and/or improvements to single wall underground storage tank systems.
B. The Motor Fuels Underground Storage Tank
				Trust Fund Advisory Board shall advise the secretary with regard to
				implementation of the tank trust account including investment of the trust and
				issuance of grants.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  30:2195.2.A(6)(e).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 14 - Grant Program › Section XI-1403 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				applies to providing financial assistance to private persons, or entities, in
				financing the costs necessary for upgrading and/or improving single wall
				underground storage tank systems to the standards outlined in LAC
				33:XI.303.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  30:2195.2.A(6)(e).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 14 - Grant Program › Section XI-1405 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				regulations are effective January 1, 2024. These regulations are only
				applicable to grant applications that occur on or after January 1,
				2024.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  30:2195.2.A(6)(e).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 14 - Grant Program › Section XI-1407 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				terms used in this Chapter shall have the meanings listed below and shall only
				apply to this Chapter, unless the context otherwise requires, or unless
				specifically redefined in a particular Section.
Applicant
-the legal underground storage tank
				  (UST) owner (i.e., private person or private entity) at the project
				  facility.
Domiciled
-the place of a private person's
				  habitual residence; a private person may reside in several places, but may not
				  have more than one domicile. The domicile of a private entity may be either the
				  state of its formation or the state of its principal place of business.
Improvement
-to replace existing single wall
				  underground storage tanks (USTs) with double wall USTs and/or replace existing
				  single wall product piping with double wall product piping. Containment and
				  ancillary equipment such as submersible turbine pumps (STP), STP sumps, under
				  dispenser containment (UDC) sumps, UST monitors and sensors, fill ports, shear
				  valves, flex lines, and spill/overfill prevention equipment may be included for
				  reimbursement only when upgrading and/or improving existing single wall USTs
				  and/or single wall product piping.
Private Entity
-a nonpublic juridical entity
				  to which the law attributes personality, e.g., a corporation or a partnership.
				  The personality of an entity is distinct from that of its members.
Private Person
-a natural person or human
				  being.
Project Facility
-a single, specific facility
				  where the grant will be applied for the approved upgrades and/or improvements
				  to single wall underground storage tank systems.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  30:2195.2.A(6)(e).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 14 - Grant Program › Section XI-1409 - Grant Program Funding and Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. This grant program is funded by the cost
				recovery efforts and interest earned on the tank trust account (interest
				account) in accordance with
				R.S.
				30:2195.2.
B. A grant may only be made pursuant to this
				Chapter if all of the following apply:
1. the
				applicant is domiciled in Louisiana;
2. the site is registered with the department
				as a single wall underground storage tank system; and
3. the applicant is in compliance with and
				has paid all fees assessed by the Environmental Quality Act, La.
				R.S.
				30:2001, et Seq., and LAC 33:XI.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 14 - Grant Program › Section XI-1411 - Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				application for funding shall be on a department provided form and shall
				include information regarding:
1. the
				applicant, including location of domicile;
2. the project facility, including
				information about the single wall underground storage tank system;
				and
3. the proposed upgrade and/or
				improvements to the single wall underground storage tank system.