reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 6 - Cost Recovery › Section VI-607 - Determination of Remedial Costs; Demand to PRPs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Timing. The Office of Environmental
				Assessment may at any time prepare a written determination of the cost of
				partial or complete remediation of a site. The department may revise its
				determination in writing at any time thereafter.
B. Demand to PRPs. The department may seek to
				recover its remedial costs using any of the means described in the Act and
				these regulations.
C. Treble
				Liability
1. PRPs who fail to comply with
				demand letters, administrative orders, or court orders concerning the site
				without sufficient cause are potentially liable for three times the total
				remedial costs.
2. In the event the
				court finds any PRP liable for three times the value of the remedial costs
				allocated by the court to that PRP, this finding shall not be used to mitigate
				the allocated share of other PRPs also found liable for the site.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 7 - Settlement and Negotiations › Section VI-701 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The goal of the
				department in all settlement negotiations with PRPs is to obtain complete site
				remedial actions by the PRPs and/or to collect 100 percent of the department's
				costs for site remediation.
B. The
				liability of PRPs to the department is absolute and presumed in
				solido.
C. Where the department
				finds that PRP involvement will further the department's goals, the department
				may enter into negotiations with the PRPs, subject to the limitations and
				procedures set forth in this Chapter. With the concurrence of the attorney
				general where required by law, the department may settle or resolve, as deemed
				advantageous to the state, any suits, disputes, or claims for any penalty under
				the Act or these regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 30:2221
				  et seq., and 2271 et seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 7 - Settlement and Negotiations › Section VI-703 - Cooperative Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Cooperative agreements may be used to reflect agreements by PRPs to conduct any
				remedial action at a site or to reimburse the department for remedial costs.
				This does not preclude the use of enforcement action, if necessary.
B. The department may enter into cooperative
				agreements with any person for the purpose of conducting any remedial action
				measures in accordance with these regulations.
C. The department may enter into a
				cooperative agreement with one or more PRPs as a result of
				negotiations.
D. Each cooperative
				agreement shall address the following provisions:
1. a statement of jurisdiction;
2. a description of parties bound;
3. a description of work to be performed or
				of costs to be paid and a schedule for such work or payment;
4. oversight by the department;
5. access;
6. reporting requirements;
7. project deliverables, including a schedule
				for submission and revisions;
8.
				project coordinators;
9. a
				requirement for certification upon completion of work;
10. reimbursement of remedial costs, if
				applicable;
11. force
				majeure;
12. retention of
				records;
13. notices and
				submissions;
14. effective date;
				and
15. appendices.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 7 - Settlement and Negotiations › Section VI-705 - Negotiations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. The
				department's goal in negotiating PRP participation in remedial actions and
				reimbursement of the costs incurred by the department is to obtain complete
				remediation by the PRPs and/or to collect 100 percent of the department's
				remedial costs.
B. Good Faith
				Proposal
1. Upon receipt of the demand letter
				in accordance with LAC 33:VI.405.B or at any other time, PRPs who wish to pay
				for the department to conduct a remedial action or who wish to conduct the
				action themselves shall respond in writing within 60 days or such other time
				that the department may specify and make a good faith offer concerning the
				implementation of the remedial action or payment of the department's costs. The
				department will negotiate with PRPs only if the initial proposal from the PRPs
				constitutes a substantial portion of the remedial action or a good faith
				proposal. The department has sole discretion to determine whether to start
				negotiations after receipt of a proposal from PRPs.
2. In making its decision, the department
				shall weigh factors it deems appropriate, including the potential resource
				demands for conducting the negotiations against the likelihood of getting 100
				percent of the department's costs or a complete remedial action.
3. The department may elect to negotiate for
				less than 100 percent when it deems that the circumstances of the case warrant
				such action.
4. When there are five
				or more PRPs interested in negotiating, the department may request that the
				PRPs select a representative to negotiate with the department.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 7 - Settlement and Negotiations › Section VI-707 - Contribution Protection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				responsible party that has resolved its liability to the department in an
				administrative or judicially approved settlement shall be considered to be a
participating party
within the meaning of
				R.S.
				30:2276.G and as defined in these regulations
				and shall not be liable for claims by any other parties regarding matters
				addressed in the settlement.
B.
				Settlement between the department and any party does not discharge any other
				PRPs unless the terms of the settlement documents so provide, but such
				settlement shall reduce the potential in solido liability of the others by the
				amount of the settlement.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2271 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 7 - Settlement and Negotiations › Section VI-709 - De Minimis Settlements

Current through Register Vol. 50, No. 6, June 20, 2024
A. If
				practicable and in the public interest, as determined by the administrative
				authority, the department may settle with any PRP whose waste contribution to a
				site is minimal in terms of amount and toxicity in comparison to other
				hazardous substances or hazardous wastes or hazardous waste constituents at the
				site.
B. The department may
				consider a de minimis settlement offer when it has sufficient information about
				all identified PRPs, including financial information, to determine each PRP's
				waste contribution to the site and information about the costs of remedial
				action at the site.
C. The goal of
				negotiations with de minimis parties is to achieve quick and standardized
				agreements through the expenditure of minimal enforcement resources and
				transaction costs. Where feasible the department may require de minimis parties
				to negotiate collectively at multi-party sites.
D. To attain the goal set forth in Subsection
				C of this Section, the de minimis settlement should ordinarily involve a
				payment to the Office of Management and Finance by the settling party or
				parties, rather than a commitment to perform work. Where a remedial action is
				being conducted in whole or in part by PRPs, it may be appropriate for the
				settling de minimis parties to deposit the amount paid in accordance with the
				de minimis settlement into a site-specific trust fund to be administered by a
				third party trustee and used for remedial action for that site.
E. In evaluating a de minimis settlement
				offer the department may consider any factors and information it deems
				appropriate, including:
1. amount of waste
				contributed;
2. toxicity of
				potential settling party's waste;
3. costs of litigation;
4. public interest considerations;
5. value to the department of a present sum
				certain; and
6. nature and strength
				of the case against nonsettling PRPs.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 7 - Settlement and Negotiations › Section VI-711 - Mixed Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A. PRP Lead
				Site. The department may provide funds from the Hazardous Waste Site Cleanup
				Fund, as defined in
				R.S.
				30:2205, to a responsible party for the
				purpose of assisting with the cost of remediation incurred by the responsible
				party. This assistance may be provided through cooperative agreements in
				accordance with
				R.S.
				30:2032.
B. Department Lead Site. The department may
				accept funds from PRPs for the purpose of assisting with the payment of
				remedial costs incurred by the department, regardless of when those costs are
				incurred. This assistance may be provided solely in the form of cash
				contributions, which may go to either the Hazardous Waste Site Cleanup Fund or
				to the Environmental Trust Fund, as defined in
				R.S.
				30:2015, at the department's
				discretion.
C. Eligibility and
				Mixed Funding Criteria. The Office of Environmental Assessment shall make a
				determination whether a proposal is eligible for funding. The only
				circumstances under which mixed funding can be approved by the department are
				when the funding will achieve both:
1.
				substantially more expeditious or enhanced remediation than would otherwise
				occur; and
2. the prevention or
				mitigation of unfair economic hardship. In considering this criterion the
				department shall consider the extent to which mixed funding will either prevent
				or mitigate unfair economic hardship faced by the PRP, if the remedial action
				were to be implemented without public funding, or achieve greater fairness with
				respect to the payment of remedial costs between the PRP entering into a
				cooperative agreement with the department and any nonsettling PRPs.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 7 - Settlement and Negotiations › Section VI-713 - Availability of Facilitation/Mediation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department, at its sole discretion,
				will entertain PRP requests to participate in alternative dispute resolution
				procedures such as mediation, nonbinding arbitration, and facilitation at the
				PRP's expense. The department must agree upon the selection of any facilitator
				or mediator engaged to conduct the dispute resolution procedure.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 8 - Public Information and Participation › Section VI-801 - Public Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				department shall ensure that site-related information is available to the
				public by providing access to all public records and information obtained by
				the department unless such information has been designated confidential by the
				secretary, as authorized in
				R.S.
				30:2030 and/or LAC 33:I.501.
B. As appropriate, the department, or PRPs as
				directed by the department, shall actively disseminate information to the
				public concerning site remedial activities. All information dissemination
				activities undertaken by PRPs shall be performed under the direction and
				approval of the department. Methods for disseminating site information include,
				but are not limited to, the methods listed in Paragraphs B.1-3 of this Section.
1. Information Repositories. The Office of
				Environmental Assessment may establish and maintain an information repository
				in a public location near the site. If a repository is established, PRPs shall
				provide the department with copies of all necessary documents.
2. Fact Sheets or Newsletters. The
				department, or PRPs as directed by the department, may draft and distribute
				fact sheets or newsletters concerning site activities. If directed by the
				department, PRPs shall provide for the drafting, printing, and distribution of
				the fact sheets or newsletters.
3.
				Informational Open Houses. The department may hold informational open houses to
				discuss site activities with interested citizens. If directed by the
				department, the PRPs shall assume all costs of these informational meetings and
				shall provide materials as directed by the department.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 8 - Public Information and Participation › Section VI-803 - Public Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order
				to ensure that the public has an opportunity to comment on site-related
				decisions, the Office of Environmental Assessment, or PRPs as directed by the
				department, shall provide opportunities for public participation as listed in
				this Section. All public participation activities undertaken by PRPs shall be
				performed under the direction and approval of the department.
1. For sites that have been declared
				abandoned in accordance with
				R.S.
				30:2225, an opportunity for public comment
				shall be provided for any site closure plan in which the department proposes to
				treat, store, or dispose of hazardous wastes at the site.
a. Notice of the public comment period and
				any public hearing on the closure plan shall be placed in the newspaper of
				general circulation in the parish where the site is located. The contents and
				format of the notice shall follow guidelines established by the
				department.
b. Prior to the
				commencement of the public comment period, the department, or PRPs as directed
				by the department, shall place a copy of the site closure plan in a public
				location near the site.
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-901 - Authority and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				regulations are established by the Department of Environmental Quality in
				accordance with
				R.S.
				30:2001 et seq., in particular,
				R.S.
				30:2285 et seq. The purpose of these
				regulations is to promote the voluntary assessment, remediation, and
				sustainable reuse of contaminated properties, while protecting public health
				and the environment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et seq., and in particular
				  R.S.
				  30:2285 et
				  seq.
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-905 - Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligible Sites.
				All sites shall be eligible for voluntary remediation, except for the
				following:
1. permitted hazardous waste
				management units (HWMU) regulated under LAC 33:V or federal hazardous waste
				regulations (if the HWMU is located within a larger site, then only that
				portion of the site inside the HWMU boundary is ineligible);
2. sites that have been proposed in the
Federal Register
to be placed on the National Priorities List
				(however, sites that are proposed to be placed on the National Priorities List,
				but which are determined not to be appropriate for listing, will become
				eligible if not otherwise ineligible);
3. sites that have been placed on the
				National Priorities List (however, such sites become eligible if they are
				subsequently removed from the National Priorities List and are not otherwise
				ineligible);
4. trust-fund-eligible
				underground storage tank systems, as defined in and regulated by LAC 33:XI;
				and
5. sites that have pending,
				unresolved federal environmental enforcement actions (not including simple cost
				recovery actions) that are related to the proposed voluntary
				remediation.
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-907 - Liability and Exemptions from Liability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Persons Exempt from Liability. Following a
				completed voluntary remedial action and issuance of a certificate of
				completion, the following persons shall be exempt from liability provided in
				R.S. 30:Chapter 12.Part I and LAC 33:VI:
1.
				the person who undertook and completed the voluntary remedial action at the
				voluntary remediation site;
2. the
				owner of the voluntary remediation site, if he is not a responsible
				person;
3. a person who acquires or
				develops all or part of the voluntary remediation site;
4. a successor or assignee of any person to
				whom the liability exemption applies; and
5. a person who provides financing for the
				implementation of the voluntary remedial action plan or for the development of
				the voluntary remediation site in accordance with the applicable use
				restrictions.
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-909 - Voluntary Remedial Investigation and Remedial Action Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. R emedial
				Investigations. Voluntary remedial investigations shall be consistent with the
				methods and processes provided by RECAP. Voluntary remedial investigations must
				include:
1. the determination of the nature
				and extent of potential threats to human health and the environment through
				data collection and site characterization; and
2. the development of remedial action
				goals.
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-911 - Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Voluntary
				Remedial Investigation Applications. Prior to performing a remedial
				investigation and submission of the application in Subsection B of this
				Section, the applicant may submit a voluntary remedial investigation
				application for review and approval by the administrative authority, which
				consists of the following:
1. a voluntary
				remedial investigation application Form VCP001, available from the Office of
				Environmental Assessment and on the department's website, with required
				attachments, accompanied by the remedial investigation work plan review fee;
				and
2. a remedial investigation
				work plan, which shall conform to the site investigation requirements of RECAP
				and, at a minimum, include the following:
a.
				identification of all data needs following the review of existing preliminary
				evaluation reports and other existing data;
b. identification of all potential exposure
				pathways/receptors and associated data needs;
c. identification of all potentially
				applicable, relevant, and appropriate requirements (ARARs) and associated data
				needs;
d. a site-specific health
				and safety plan including necessary training, procedures, and
				requirements;
e. a site-specific
				sampling and analysis plan that includes the number, type, and location of all
				samples to be taken and the types of analyses to be conducted during the
				required site characterization activities; and
f. a quality assurance/quality control plan
				that identifies the quality assurance objectives and the quality control
				procedures necessary to obtain data of a sufficient quality for the remedial
				investigation.
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-913 - Completion of Voluntary Remedial Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Implementation. Voluntary remedial actions
				must be performed in accordance with the voluntary remedial action plan
				approved by the administrative authority. Any modification in the plan must be
				approved by the administrative authority in advance of implementation of the
				modification. Modifications that result in a fundamental change of the plan
				(e.g., less stringent cleanup standards or changes in remedial approach with
				greater local impact, such as bioremediation to incineration) must undergo the
				public notice and hearing procedure in LAC 33:VI.911 prior to approval and
				implementation.
B. Inspections. The
				department reserves the right to inspect and oversee voluntary remedial actions
				in accordance with LAC 33:VI.517.
C. Completion of Voluntary Remedial Actions
1. Upon completion of a voluntary remedial
				action, the applicant shall submit a voluntary remedial action report, which
				must include:
a. a general description of the
				remedial action activities conducted at the site;
b. a demonstration that the remedial actions
				have resulted in the attainment of the remedial action goals approved by the
				department in the voluntary remediation application;
c. a description of the volume and final
				disposal or reuse location and a copy of any waste manifests or other
				documentation of the disposition for wastes or environmental media that were
				removed from the site;
d.
				documentation that any physical control and/or treatment system, or combination
				of physical controls and treatment systems, have been constructed or completed
				and are functioning as described in the remedial design and remedial project
				work plan; and
e. other information
				that may be required by the department.
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-915 - Additional Requirements for Partial Voluntary Remedial Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Criteria for
				Partial Remediation. The administrative authority may approve a voluntary
				remediation application for partial voluntary remedial action submitted in
				accordance with LAC 33:VI.911, provided:
1.
				the applicant is a nonresponsible person;
2. the voluntary remedial action plan
				provides for all remedial actions necessary to allow for any proposed reuse or
				redevelopment of the site in a manner that does not pose a significant threat
				to public health, safety, and welfare and the environment;
3. the remedial action and the activities
				associated with any proposed reuse or redevelopment of the site will not:
a. aggravate or contribute to discharges or
				disposals or threatened discharges or disposals that are not required to be
				removed or remedied under the voluntary remedial action plan; and
b. interfere with or substantially increase
				the cost of future remedial actions to address the remaining discharges or
				disposals or threatened discharges or disposals; and
4. that prior to approval of the voluntary
				remediation application, the owner of the voluntary remediation site agrees, in
				writing, to the following terms necessary to carry out remedial actions to
				address the remaining discharges or disposals or threatened discharges or
				disposals:
a. to cooperate with the
				administrative authority or his authorized representatives in taking remedial
				actions necessary to investigate or address remaining discharges or disposals
				or threatened discharges or disposals, including:
i. providing access to the property to the
				administrative authority and his authorized representatives;
ii. allowing the administrative authority or
				his authorized representatives to undertake activities at the property,
				including placement of borings, wells, equipment, and structures on the
				property; and
iii. granting
				rights-of-way, servitudes, or other interests in the property to the department
				for any of the purposes provided in Clause A.4.a.i or ii of this
				Section;
b. to avoid any
				action that interferes with the remedial actions in Subparagraph A.4.a of this
				Section; and
c. to impose
				restrictions on the future use of the property as provided in Subsection C of
				this Section.
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-917 - Fees and Direct Cost Recovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. Fees
1. Voluntary Remedial Investigation
				Application Review Fee. Remedial investigation work plans submitted to the
				department for review must be accompanied by a $500 review fee.
2. Voluntary Remediation Application Review
				Fee. Voluntary remediation applications must be accompanied by a $500 review
				fee.
3. No application shall be
				accepted or reviewed unless accompanied by the appropriate review fee as
				required in Paragraphs A.1 and 2 of this Section.
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-919 - Record Retention

Current through Register Vol. 50, No. 6, June 20, 2024
A. All data,
				reports, plans, drawings, correspondence, and other investigation and
				remediation records generated by applicants for voluntary remediation must be
				maintained by the applicants for at least three years after the date of
				issuance of the certificate of completion, or if no certificate is issued, for
				at least three years after termination of participation in the voluntary
				remediation program.
B. All data,
				reports, plans, drawings, correspondence, and other records generated during
				post-remedial management, as described in LAC 33:VI.911.B.3.f and g, must be
				maintained by the owner of the voluntary remediation site as long as
				post-remedial management is required. The owner of a voluntary remediation site
				undergoing post-remedial management must notify the subsequent owner of the
				site of these recordkeeping requirements.
C. The records required to be maintained in
				Subsections A and B of this Section must be made available to the department by
				the applicant or owner upon request.
D. For sites for which a notice of use
				restrictions has been placed into the parish record instead of the actual use
				restrictions, as provided in LAC 33:VI.915.C.3, the department shall maintain
				the use restrictions for as long as the use restrictions remain in effect for
				the site and for at least three years thereafter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et seq., and in particular
				  R.S.
				  30:2285 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 11 - Brownfields Cleanup Revolving Loan Fund Program › Section VI-1101 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				Legislature has found that the cleanup, redevelopment, and reuse of brownfields
				sites in the state should be encouraged and facilitated for the benefit of the
				citizens of the state by way of economic development, health, and aesthetics.
				The legislature has also found that providing loans for the cleanup of
				brownfields sites will result in benefits to the public by reducing risk to
				public health and the environment.
B. The purpose of these regulations is to
				establish procedures for the establishment and operation of a Brownfields
				Cleanup Revolving Loan Fund Program that will make low-interest loans available
				to political subdivisions, public trusts, quasi-governmental organizations,
				nonprofit organizations, or private entities for the cleanup of brownfields
				properties.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et seq., and in particular R.S.
				  30:2551-2552.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 11 - Brownfields Cleanup Revolving Loan Fund Program › Section VI-1103 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Act 655 of the
				2004 Regular Session of the Louisiana Legislature enacted R.S. 30:2551-2552,
				which authorize the creation of a Brownfields Cleanup Revolving Loan Fund. This
				Act also authorizes the department to make loans to political subdivisions,
				public trusts, quasi-governmental organizations, nonprofit organizations, or
				private entities for the cleanup of brownfields properties.
B. Act 655 of 2004 further provides authority
				for the department to establish regulations and procedures for the loan program
				and authorizes political subdivisions, public trusts, quasi-governmental
				organizations, nonprofit organizations, or private entities to make loans from
				the fund.
C. Act 612 of the 2018
				Regular Session of the Louisiana Legislature amended
				R.S.
				30:2552 to repeal the Brownfields Cleanup
				Revolving Loan Fund Program, effective July 1, 2020. However, Act 91 of the
				2020 Regular Session of the Louisiana Legislature repealed the provisions of
				Act 612 on June 5, 2020, prior to the effective date of Act 612. As such, the
				Brownfields Cleanup Revolving Loan Fund Program was reinstated.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et seq. and in particular R.S.
				  30:2551-2552.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 11 - Brownfields Cleanup Revolving Loan Fund Program › Section VI-1105 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Applicant
- any entity that submits an
				  application for a loan in accordance with these regulations.
Bonds
- bonds, notes, renewal notes,
				  certificates of indebtedness, refunding bonds, interim certificates,
				  debentures, warrants, commercial paper, or other obligations or evidences of
				  indebtedness authorized to be issued by the department.
Brownfields Site
- real property, the
				  expansion, redevelopment, or reuse of which may be complicated by the presence
				  or potential presence of a hazardous substance, pollutant, or contaminant. Such
				  property may also be referred to as a brownfield or as brownfields
				  property.
Department
-the Department of Environmental
				  Quality.
Eligible Costs
-those project costs that are
				  reasonable, necessary, and allocable to the project, permitted by appropriate
				  federal and state cost principles and approved in the loan agreement, and that
				  are not prohibited by federal or state regulations or guidance.
Fund
-the Brownfields Cleanup Revolving Loan
				  Fund.
In-Kind Contributions
-non-cash third-party
				  contributions made directly to a federally assisted project or program,
				  including donated time and effort, real and nonexpendable personal property,
				  and goods and services that meet the requirements of applicable federal
				  guidance.
Loan
-a loan of money from the Brownfields
				  Cleanup Revolving Loan Fund.
Nonprofit Organization
-any corporation,
				  trust, association, cooperative, or other organization that is operated
				  primarily for scientific, educational, service, charitable, or similar purposes
				  in the public interest; is not organized principally for profit; and uses net
				  proceeds to maintain, improve, or expand the operation of the
				  organization.
Responsible Person
-a responsible person as
				  defined in
				  R.S.
				  30:2285.2.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et seq., and in particular R.S.
				  30:2551-2552.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 11 - Brownfields Cleanup Revolving Loan Fund Program › Section VI-1107 - Eligibility for Participation in the Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicant Eligibility. The applicant must
				meet all of the following requirements to be eligible to participate in the
				Brownfields Cleanup Revolving Loan Fund Program.
1. The applicant must be authorized to incur
				debt and enter into legally binding agreements.
2. The applicant must own the brownfields
				site to be remediated using loan funds prior to the initial disbursement of
				funds.
3. The applicant must not be
				a
responsible person
as defined in LAC 33:VI.1105.
4. The applicant must demonstrate the
				financial ability to repay the loan in a timely fashion.
5. The applicant must not be subject to any
				unpaid fines or penalties for lack of compliance with environmental laws or
				regulations at the brownfields site subject to the loan.
6. The applicant must not be subject to any
				past-due fees owed to the department.
7. The credit history of the applicant must
				be in good standing.
8. Applicants
				for loans made from federal brownfields funding sources must meet requirements
				for such applicants provided in federal guidance.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 11 - Brownfields Cleanup Revolving Loan Fund Program › Section VI-1109 - Ineligible and Eligible Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Ineligible Costs. Loan funds cannot be used for:
1. payment of penalties or fines, or for
				federal cost-sharing requirements;
2. indirect costs or for any administrative
				costs such as direct costs associated with grant administration incurred to
				comply with the Uniform Administrative Requirements for Grants in 40 CFR Part
				30 (however, loan funds may be used for programmatic costs);
3. payment of any fees or oversight cost
				reimbursements required by the department;
4. site acquisition or
				development/redevelopment and construction activities that are not corrective
				actions;
5. pre-cleanup activities
				(i.e., site investigation and identification of the nature and extent of
				contamination and associated data collection);
6. monitoring and data collection necessary
				to apply for, or comply with, environmental permits under other state or
				federal laws, unless such a permit is a required component of the corrective
				action;
7. ordinary operating
				expenses of the local government or nonprofit or private
				organization;
8. personal injury
				compensation or damages arising out of the project;
9. purchase of any equipment costing more
				than $5,000;
10. cleanup of a
				substance that occurs in a natural condition at a site; or
11. any other costs prohibited by federal
				regulation or guidance.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 11 - Brownfields Cleanup Revolving Loan Fund Program › Section VI-1111 - Loan Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				maximum loan amount shall be $500,000 per brownfields site and shall not exceed
				the estimated cost of the project. Under special circumstances this maximum
				loan amount may be increased by the department. The department may award loans
				that are less than the total project cost for a brownfields site. Loan amounts
				cannot be increased after the loan award due to cost overruns or other reasons.
				The borrower must apply for another loan to get additional funds.
B. The interest rate for loans will be
				updated by the department as needed and will be less than the current prime
				interest rate. Loan agreements may provide for reduction or forgiving of
				interest rates for early repayment of the loan. There shall be no penalties
				imposed for early repayment of a loan.
C. The term of the loan (the time period over
				which the loan must be paid back) shall not exceed 20 years from the date of
				the completion of the project. The actual term for each loan shall be
				determined by the department and the department may require a shorter loan term
				based on circumstances. Loan principal and interest repayment schedules shall
				be set by the department, with the first installment being due within one year
				of the date of the project's completion.
D. A match (cost-share) of up to 20 percent
				of the loan amount may be required of the applicant by the department for any
				loan made. Eligible "in-kind" contributions may be allowed as cost-shares by
				the department.
E. Applicants must
				demonstrate their ability to repay the loans. The department may require a loan
				recipient to provide security or collateral for the loan, including the subject
				property. A local government or nonprofit applicant may be required to provide
				evidence of a dedicated revenue source to repay the loan.
F. Applicants subject to oversight by the
				State Bond Commission must comply with
				R.S.
				30:2552.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et seq. and in particular R.S.
				  30:2551-2552.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 11 - Brownfields Cleanup Revolving Loan Fund Program › Section VI-1115 - Loan Agreements, Closing of Loans, and Disbursement of Loan Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon selection
				of an applicant to receive a loan, the department will prepare and execute a
				loan agreement with the applicant. The loan agreement will provide for:
1. the loan term;
2. the repayment schedule;
3. the interest rate;
4. provisions in case of default;
5. a cost-share, if required;
6. timelines and budgets for completing
				various phases of the project of voluntary remediation;
7. provisions for disbursement of loan funds
				to the borrower;
8. any required
				security or collateral for the loan; and
9. other necessary provisions as determined
				by the department.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 11 - Brownfields Cleanup Revolving Loan Fund Program › Section VI-1117 - Recordkeeping, Confidentiality of Records, and Inspection of Records and Participating Sites

Current through Register Vol. 50, No. 6, June 20, 2024
A. The applicant
				must maintain complete financial and other records as required in the loan
				application and loan agreement, and make them available promptly to the
				department upon request as provided in Subsection B of this Section. Financial
				records must account for and record costs and expenditures to be funded with
				revolving loan funds separately from costs and expenditures to be funded from
				other funding sources. Recordkeeping shall meet the requirements of applicable
				federal guidance, and all records shall be kept by the borrower until the loan
				is completely repaid or at least three years after the cleanup is completed,
				whichever is later.
B. From the
				time of first submission of the loan application, throughout all stages of
				remediation, and at any time during the applicant's participation in the loan
				program, authorized representatives of the department shall have the right to
				inspect any and all projects, and any and all incidental works, areas,
				facilities, and premises otherwise pertaining to the project for which the
				application was made. The department shall further have the same right to
				inspect any and all books, accounts, records, contracts or other instruments,
				documents, or information possessed by the applicant or entity representing the
				applicant that relates to the receipt, deposit, or expenditure of loan funds or
				to the planning, design, construction, and operation of any facilities that may
				have been constructed as a result of such loan funds. By submittal of a
				revolving loan fund application, the applicant shall be deemed to consent and
				agree to the right of reasonable inspection and the applicant shall allow the
				department all necessary and reasonable access and opportunity for such
				purposes.
C. Any requests for
				confidentiality of any documents submitted by an applicant or loan recipient
				must be handled in accordance with and will be governed by LAC 33.I.Chapter
				5.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et seq., and in particular R.S.
				  30:2551-2552.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 11 - Brownfields Cleanup Revolving Loan Fund Program › Section VI-1119 - Prioritization of Applicants and Sites to Receive Loan Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants may be prioritized for receipt
				of loan funds based on the ranking criteria in this Section. These factors may
				be further elaborated, refined, or detailed in the loan application.
B. The criteria (not in order of importance)
				for ranking applicants are as follows:
1. the
				potential of the site for redevelopment and productive reuse;
2. the potential for creation of temporary
				and permanent jobs and/or increased state and local tax revenues by the
				cleanup, redevelopment, and reuse of the site;
3. the potential of the project to create
				greenspace;
4. the ability of the
				applicant to repay the loan;
5.
				other cleanup funds available to the applicant to supplement revolving loan
				fund dollars;
6. funds available to
				the applicant to redevelop the property;
7. the degree of need for community
				revitalization in the area surrounding the site, as evidenced by significant
				deterioration, job loss, majority low-income households, or other factors as
				determined by the department;
8.
				the estimated value of the remediated property as compared to the estimated
				cost of the cleanup of that property; and
9. other ranking factors provided by the
				department.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 1 - General Provisions and Definitions › Section VII-101 - Scope and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Louisiana Legislature recognizes that the safety and welfare of citizens
				  "require efficient and reasonable regulation of solid waste disposal practices
				  as well as a coordinated, statewide resource recovery and management program"
				  (R.S. 30:2152).
				  Therefore, the Department of Environmental Quality has formulated these rules
				  and regulations to:
1. establish standards
				  governing the storage, collection, processing, recovery and reuse, and disposal
				  of solid waste;
2. implement a
				  management program that will protect the air, groundwater, and surface water,
				  and the environment from pollution from solid wastes and thus eliminate the
				  potential threat to human health from such pollution;
3. encourage both citizens and industry to
				  reduce the amount of waste developed and generated in the state.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 1 - General Provisions and Definitions › Section VII-103 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				  Environmental Quality Act (R.S.
				  30:2001 et seq.) established the enforcement
				  authority and procedures for carrying out the purposes of the Act. These rules
				  and regulations were developed under the authority of the secretary of the
				  Department of Environmental Quality, as mandated by the Louisiana Solid Waste
				  Management and Resource Recovery Law (R.S.
				  30:2151 et seq.). The Louisiana Solid Waste
				  Operator Certification and Training Program statutes (R.S. 37:3151 et seq.)
				  created the Louisiana Solid Waste Operator Certification and Training Program.
				  The principal domicile of the board shall be that of the Department of
				  Environmental Quality.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 1 - General Provisions and Definitions › Section VII-107 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
				  regulations shall be effective on June 20, 2007. Unless otherwise directed in
				  writing by the department, applicants that have submitted permit applications
				  or requests for modifications or renewals prior to the effective date of these
				  rules and regulations shall not be required to revise their previously
				  submitted applications or requests to address these rules and regulations. The
				  administrative authority reserves the right to require revisions (limited to
				  numbering and formatting) to previously submitted permit applications,
				  modification requests, or renewals that have not received final approval by the
				  department.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 1 - General Provisions and Definitions › Section VII-109 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				  of these rules and regulations or the application thereof to any person or
				  circumstance is held invalid, such invalidity shall not affect other provisions
				  or applications of the Act and these regulations that can be given effect
				  without the invalid provision or application, and to this end provisions of
				  these rules and regulations are declared to be severable.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.