reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 3 - Natural Resources › Chapter 313 - Hazardous Liquids Pipeline Enforcement › Section V-31315 - Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. Should the
				  assistant secretary, the director of pipelines or the chief of pipeline safety
				  find an existing emergency due to non-compliance with law or the rules,
				  regulations or orders issued pursuant thereto or due to leakage or other hazard
				  which in his judgment requires the issuance of an emergency order or an order
				  for the immediate termination of the offending service without first complying
				  with the procedures set forth herein and without having a hearing, he may issue
				  the emergency order or terminate said offending service and invoke a show cause
				  hearing pursuant to
				  §31313 requiring the operator to show cause why
				  the circumstances giving rise to the emergency should not be corrected. The
				  emergency order or order for termination of the offending service shall remain
				  in force no longer than 15 days from its effective date. In any event, the
				  emergency order shall expire when the order made after notice and hearing with
				  respect to the same subject matter becomes effective. An emergency is defined
				  as any situation where there is a substantial likelihood that loss of life,
				  personal injury, health or property will result before the procedures under
				  this regulation for notice and hearing can be fully complied with.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:753.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 3 - Natural Resources › Chapter 313 - Hazardous Liquids Pipeline Enforcement › Section V-31317 - Hazardous Facility Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Notwithstanding any self imposed regulatory limitations, if the assistant
				  secretary finds, after reasonable notice and an opportunity to be heard in
				  accordance with §31313, a particular pipeline facility subject to
				  R.S.
				  30:701 to be hazardous to life or property,
				  he may issue an order requiring the owner or operator of the facility to take
				  corrective action. Corrective action may include suspended or restricted use of
				  the facility, inspection, testing, repair, replacement, or other action as
				  appropriate. The provisions of
				  §31315 shall also be applicable for
				  issuance of hazardous facility orders on an emergency basis.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:753.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 3 - Natural Resources › Chapter 313 - Hazardous Liquids Pipeline Enforcement › Section V-31319 - Civil Enforcement, Injunction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever it appears to the assistant
				  secretary that any person or operator has engaged, is engaged, or is about to
				  engage in any act or practice constituting a violation of
				  R.S.
				  30:701 et seq., or any rule, regulation or
				  order issued thereunder, he may bring an action in the court having
				  jurisdiction, to enjoin such acts or practice and to enforce compliance with
				  the applicable statute and the rules, regulations and orders issued pursuant
				  thereto, and upon proper showing a temporary restraining order or a preliminary
				  or permanent injunction shall be granted without bond. The relief sought may
				  include a mandatory injunction commanding any person to comply with the
				  applicable law or any rule, regulation or order issued thereunder, and to make
				  restitution of money received in violation of any such rule, regulation or
				  order.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:753.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 3 - Natural Resources › Chapter 313 - Hazardous Liquids Pipeline Enforcement › Section V-31321 - Violation, Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  After notice and opportunity to be heard, in accordance with §31313, the
				  assistant secretary may, after determining that a person has violated any
				  provision of
				  R.S.
				  30:701, et seq., or any rule, regulation or
				  order issued pursuant thereto, assess a civil penalty upon or against said
				  person not to exceed the amounts fixed by statute, particularly, but not
				  exclusively,
				  R.S.
				  30:705. The amount of the penalty shall be
				  assessed by the assistant secretary by written notice. In determining the
				  amount of penalty, the assistant secretary shall consider the nature,
				  circumstances, and gravity of the violation and, with respect to the person
				  found to have committed the violation, the degree of culpability, any history
				  of prior effect on ability to continue to do business, any good faith in
				  attempting to achieve compliance, ability to pay the penalty, and such other
				  matters as justice may require.
B.
				  The assistant secretary may transmit such evidence as may be available
				  concerning acts or practice in violation or
				  R.S.
				  30:701, et seq. or any rules, regulation or
				  order issued pursuant thereto or any order issued pursuant to this regulation
				  to the district attorney having jurisdiction over same who, in his discretion,
				  may institute necessary proceedings to collect the fines and impose the
				  penalties provided by statute.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:753.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 3 - Natural Resources › Chapter 313 - Hazardous Liquids Pipeline Enforcement › Section V-31323 - Waiver of Compliance with Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon application by any person engaged in
				  the transportation of hazardous liquids or the operation of intrastate pipeline
				  facilities, the assistant secretary shall, by order, after notice and
				  opportunity for hearing and under such terms and conditions and to such extent
				  as the assistant secretary may deem reasonable and proper, waive in whole or in
				  part compliance with any standard established under
				  R.S.
				  30:701 et seq., if he determines that
				  compliance with such standard works a substantial hardship on an owner or
				  operator of pipeline facilities or is not in the public interest and a waiver
				  of compliance with such standard is not inconsistent with pipeline safety,
				  provided that such waiver shall not be effective until the requirements of  49
				  U.S.C.A. Section 2001, et seq. relative to such a waiver have first been
				  satisfied.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:753.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 1 - General Provisions and Definitions › Section VI-101 - Purpose and Objectives

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				regulations establish uniform administrative procedures for the regulated
				community for the identification, investigation, and remediation of inactive
				and abandoned hazardous waste or hazardous substance sites in accordance with
				the mandates of
				R.S.
				30:2226(H)(1), 2274(C), and
				2280.
B. These regulations provide
				for effective and expeditious site remediation activities that protect human
				health and the environment.
C.
				These regulations establish administrative procedures for site remediation
				actions by potentially responsible parties (PRPs) and for recovering remedial
				costs incurred by the department.
D. These regulations provide the opportunity
				for public participation.
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 1 - General Provisions and Definitions › Section VI-103 - Regulatory Overview

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose.
				This Section provides an overview of identification, investigation, and
				remediation activities for sites where hazardous substances could have been
				disposed of and from which such hazardous substances could be discharged. This
				Section is a summary only; if there are any inconsistencies between this
				Section and the remainder of these regulations, the regulations shall
				govern.
B. Site Discovery and
				Evaluation
1. Site Discovery Reporting. These
				regulations establish a reporting program as required by the Louisiana
				Environmental Quality Act to help identify inactive or uncontrolled sites where
				hazardous substances could have been disposed of or discharged. Owners,
				lessees, and other persons who know or discover that hazardous substances have
				been discharged or disposed of at such a site must report this information to
				the Office of Environmental Assessment within the specified time. The
				department may also discover sites through its own investigations, referrals
				from other agencies, or other means.
2. Integrated Data Management Database. Sites
				reported are placed in the department's integrated data management database.
				This database provides the department with an accurate inventory of all
				potential and confirmed sites in the state. All sites in the integrated data
				management database may not be remediated under the authority of the
				department; some sites may be referred to other federal and/or state programs,
				and some sites may not require remediation.
3. Preliminary Evaluation. A preliminary
				evaluation is conducted to determine if a discharge or disposal of hazardous
				substances has occurred at a site. The department may conduct limited sampling
				to determine if hazardous substances are present and/or migrating from a site.
				If no hazardous substances are present, the department may make a determination
				that no further action (NFA) is necessary. A NFA determination also may be made
				if the site falls under the jurisdiction of other state or federal agencies or
				if inadequate information is available to determine if the site exists. The
				information collected during a preliminary evaluation may be used to determine
				whether or not a remedial action is necessary at the site.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 1 - General Provisions and Definitions › Section VI-105 - Compliance with Other Laws

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing
				herein shall be construed to diminish the department's authority to address the
				presence at any site of any hazardous substance, hazardous waste, hazardous
				waste constituent, or other pollutant or contaminant under other applicable
				laws or regulations. The remediation and enforcement processes and procedures
				under these regulations and under other laws may be combined. The department
				may initiate a remedial action under these regulations and may, upon further
				analysis, determine that another law is more appropriate or vice
				versa.
B. If a hazardous substance,
				hazardous waste, hazardous waste constituent, or other pollutant or contaminant
				remains at a site after actions have been completed under other applicable laws
				or regulations, the department may apply these regulations to protect human
				health or the environment.
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 1 - General Provisions and Definitions › Section VI-107 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
				regulations are established by the Department of Environmental Quality in
				accordance with
				R.S.
				30:2001 et seq., and, in particular,
				§2221 et seq., and §2271 et seq.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2226(H)(1), 2274(C), and
				  2280 et seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 1 - General Provisions and Definitions › Section VI-109 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure to
				comply with the provisions of these regulations or with the terms and
				conditions of any order issued hereunder constitutes a violation of the Act and
				these regulations. Such violations shall be subject to any enforcement action
				including penalties in accordance with
				R.S.
				30:2025.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2011(D)(6), 2203(B),
				  2204(B), and 2274(B).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 1 - General Provisions and Definitions › Section VI-111 - Construction of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. Words in the
				singular also include the plural, and words in the masculine gender also
				include the feminine, and vice versa, as the case may require.
B. The terms
applicable
,
appropriate
,
relevant
, and similar terms
				implying discretion mean as determined by the department, with the burden of
				proof on other persons to demonstrate that the requirements are or are not
				necessary.
C.
Approved
or
authorized
actions mean
				department-conducted or ordered remedial actions or cleanups agreed to by the
				department in an agreed order or cooperative agreement governing remedial
				actions at the site.
D.
Include
means included, but not limited to.
E.
May
means the provision
				is optional and permissive and does not impose a requirement.
F.
Shall
means the provision
				is mandatory.
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 1 - General Provisions and Definitions › Section VI-113 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions
				of these regulations are severable, and if any provision or its application to
				any person or circumstance is held invalid, such invalidity shall not affect
				other provisions or their applications, which can be given effect without the
				invalid provision or application.
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 1 - General Provisions and Definitions › Section VI-115 - Computation of Time

Current through Register Vol. 50, No. 6, June 20, 2024
A. The day of the
				event from which the designated period begins to run shall not be included in
				the computation of a period of time allowed or prescribed in these
				regulations.
B. The last day of the
				period is to be included in the computation of a period of time allowed or
				prescribed in these regulations, unless it is a legal holiday, in which event
				the period runs until the end of the next day that is not a legal
				holiday.
C. A legal holiday is to
				be included in the computation of a period of time allowed or prescribed in
				these regulations, except when:
1. it is
				expressly excluded;
2. it would
				otherwise be the last day of the period; or
3. the period is less than seven calendar
				days.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 2 - Site Discovery and Evaluation › Section VI-201 - Site Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. Site
				Discovery Reporting Requirements. As part of a program to identify inactive or
				uncontrolled contaminated sites, the owner, operator, or other responsible
				person shall report to SPOC, within 24 hours, in the manner provided in LAC
				33:I.3923, any sites where hazardous substances have been, or could have been,
				disposed of or discharged. This Section sets forth the requirements for
				reporting such sites.
B. Mandatory
				Reporting
1. The following persons are
				required to notify the department of the discharge, emission, or disposal of
				any hazardous substance at an inactive or uncontrolled site:
a. the owner, operator, or lessee of the
				site;
b. any person who has
				directly contracted for the transportation of any hazardous substance to the
				site;
c. any person who generated
				any hazardous substance that was discharged or disposed of at the site;
				or
d. any person who discharged or
				disposed of any hazardous substance at a site.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 2 - Site Discovery and Evaluation › Section VI-203 - Integrated Data Management Database

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Each site reported to or discovered by the department in accordance with this
				Chapter will be placed in the department's integrated data management database.
				This database includes lists of both potential and confirmed sites.
B. Sites can be removed by the department
				from the potential or confirmed lists within the integrated data management
				database by means of a no further action (NFA) determination. A NFA
				determination is usually made after evaluation or remedial actions are
				completed. This determination may be made if:
1. no evidence of contamination by hazardous
				substance(s) was observed at the site;
2. the site does not fall under the
				jurisdiction of the department due to statutory, regulatory, or legal
				requirements;
3. remedial actions
				were successfully completed at the site;
4. any and all hazardous substances on site
				do not pose or present an imminent and substantial endangerment to health or
				the environment;
5. the site does
				not exist based on current information; or
6. adequate information is not available to
				determine whether or not the site does exist.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 2 - Site Discovery and Evaluation › Section VI-205 - Preliminary Evaluation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				department may conduct a preliminary evaluation at any time after a site has
				been placed in the integrated data management database. The order in which
				sites are selected for evaluation shall be determined by the department, at its
				sole discretion, based upon available information and case assignment
				strategy.
B. The purpose of a
				preliminary evaluation is to provide sufficient information to make a
				determination for the disposition of the site by the department. To determine
				the disposition of a site the department may:
1. determine whether the site could best be
				handled under the authority of the United States Environmental Protection
				Agency or by state regulatory authority;
2. for sites under state authority, determine
				which state regulatory authority has jurisdiction over the site;
3. determine whether there is adequate
				evidence that hazardous substances have been discharged or disposed of at a
				site;
4. identify the hazardous
				substances (if present) and collect information regarding the extent and
				concentration of such substances;
5. identify site characteristics that could
				result in movement of the hazardous substances present at the site into or
				through the environment;
6. perform
				an initial evaluation of the potential risk to human health or the environment
				posed by the site; or
7. determine
				whether further investigation or action is necessary.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 3 - Administrative Processes › Section VI-301 - Assignment of Inactive and Abandoned Hazardous Waste Sites Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				with
				R.S.
				30:2222 the department is assigned the
				duties, responsibilities, and authority of administering the Inactive and
				Abandoned Hazardous Waste Sites Program.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 30:2221
				  et seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 3 - Administrative Processes › Section VI-303 - Declaration That a Site Is Abandoned

Current through Register Vol. 50, No. 6, June 20, 2024
A. Authorization. The department is
				authorized by Chapter 10 of the Act to declare a site abandoned after
				appropriate procedures are followed, to impose liens on such property, and to
				take investigation and remediation actions at such property as the department
				determines necessary. The department may declare a site to be abandoned upon a
				finding that the site:
1. has received for
				storage, treatment, or disposal or now contains or emits wastes that are
				identified, classified, or defined to be hazardous wastes in accordance with
				these regulations;
2. was not
				closed in accordance with the requirements of the Act, as defined in these
				regulations, and other regulations adopted thereunder;
3. constitutes or could constitute a danger
				or potential danger to human health and the environment; and
4. has no financially responsible owner or
				operator who can be located by the department or has one or more financially
				responsible owners or operators who have failed or refused to undertake actions
				ordered by the administrative authority in accordance with
				R.S.
				30:2204(A) or (B).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 3 - Administrative Processes › Section VI-305 - Property Liens

Current through Register Vol. 50, No. 6, June 20, 2024
A. Liens against
				Property Declared Abandoned by the Department
1. In accordance with
				R.S.
				30:2225(F)(1) the
				administrative authority, by recording the declaration of abandonment in the
				mortgage records of the parish where the property is located, may create a lien
				against the property declared to be abandoned for the lesser of:
a. the extent of the expenditures by the
				state necessary to remedy the problem; or
b. the extent of the property's appraised
				value after said expenditures.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 4 - PRP Search, Notification, and Demand for Remediation › Section VI-401 - PRP Search

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose
1. The purpose of this Chapter is to provide
				a mechanism for the department to ensure that the costs of remedial actions are
				borne by the potentially responsible parties for each site where hazardous
				substances are present, while at the same time reserving for the department the
				right to respond as quickly as possible to sites where hazardous substances
				could be present and the right to institute legal actions against those parties
				potentially responsible for remedial costs.
2. The department shall seek to identify
				potentially responsible parties (PRPs) and shall notify them that they are
				required to provide information to the department. The determination of who
				will be required to provide information shall be made at the sole discretion of
				the department. The department's failure to notify any particular PRP to submit
				information shall not preclude enforcement action by the department against
				that PRP or any other PRP, including actions for the recovery of remedial costs
				by the department, nor shall it preclude the department from taking any other
				action in accordance with the Act, these regulations, or any other
				law.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 4 - PRP Search, Notification, and Demand for Remediation › Section VI-403 - Notification to Provide Information

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The Office of Environmental Assessment shall send a written notification to
				provide information to all PRPs identified during its preliminary PRP
				investigation. The administrative authority may, at its discretion, send
				supplemental or additional notifications to any PRP identified by the
				administrative authority at any time during the remedial action
				process.
B. The notification to
				provide information shall require each recipient to provide all available
				information regarding the specified site, including without limitation:
1. the types of hazardous substances and
				their chemical name or makeup, if known;
2. the quantities of hazardous substances
				disposed of or discharged;
3. the
				location(s) of disposal or discharge from any known pollution source or
				facility;
4. dates of disposal of
				hazardous substances and quantities disposed of on each date;
5. names of persons providing transportation
				of hazardous substances; and
6.
				names of owners or operators of the site at the time of disposal or discharge
				of hazardous substances.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 4 - PRP Search, Notification, and Demand for Remediation › Section VI-405 - Demand for Remediation to PRPs

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Upon its determination that a discharge or disposal of a hazardous substance
				has occurred, or is about to occur, that could present an imminent and
				substantial endangerment to human health or the environment, the administrative
				authority shall issue a written demand for remediation to PRPs that have been
				identified by the administrative authority at the time the determination is
				made. This demand shall be made in accordance with
				R.S.
				30:2275 and sent by certified mail.
B. Upon receipt of a demand for remediation,
				a PRP must respond to the administrative authority within 60 calendar days with
				a good faith proposal to undertake the remedial actions approved by the
				administrative authority in accordance with LAC 33:VI.705.B. The administrative
				authority may grant reasonable extensions to the 60-day period upon written
				request submitted by a PRP prior to the expiration of the initial
				period.
C. If any PRP fails to
				respond to a demand for remediation sent in accordance with this Section, the
				administrative authority may take all actions authorized under the
				Act.
D. If, after investigation,
				the administrative authority determines that it is not feasible to make demand
				on every known PRP for a particular site in accordance with
				R.S.
				30:2275(D) and these
				regulations, then such demand may be limited to those parties determined most
				responsible by the administrative authority.
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 5 - Site Remediation › Section VI-501 - Remedial Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A remedial
				action is an action that reduces a threat to human health or the environment by
				eliminating or substantially reducing one or more pathways for exposure to a
				hazardous substance at a site or corrects a threat to human health or the
				environment that could become substantially worse or cost substantially more to
				address if the action is delayed.
B. The Office of Environmental Assessment
				shall consider the following factors in determining the need for or the
				appropriateness of a remedial action consistent with Subsection A of this
				Section:
1. actual or potential exposure from
				hazardous substances to nearby human populations, animals, or the food
				chain;
2. actual or potential
				contamination of drinking water supplies or sensitive ecosystems by hazardous
				substances;
3. the threat of
				release of hazardous substances in drums, barrels, tanks, or other bulk storage
				containers;
4. the threat of
				migration of hazardous substances from the site;
5. the threat of release or migration of
				hazardous substances or pollutants or contaminants caused by weather
				conditions;
6. the threat of fire
				or explosion;
7. the availability
				of other federal or state remedial mechanisms to respond to the release;
				or
8. the presence of other
				situations or factors that could pose threats to human health or the
				environment.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 5 - Site Remediation › Section VI-502 - Role of PRPs in Remedial Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Office of Environmental Assessment may, at its sole discretion, direct PRPs to
				perform any site investigation, remedial investigation, corrective action
				study, and/or remedial action in accordance with the following:
1. the site investigation, remedial
				investigation, corrective action study, and/or remedial action shall be
				performed subject to a work plan approved by the department or performed
				subject to an enforceable cooperative agreement or judicial or administrative
				order;
2. the site investigation,
				remedial investigation, corrective action study, and/or remedial action shall
				be properly and promptly performed by the PRPs within statutory, regulatory,
				and administrative deadlines and in accordance with technical and procedural
				requirements set forth in these regulations and any other applicable laws,
				regulations, guidance documents, or policy statements;
3. the PRPs performing the site
				investigation, remedial investigation, corrective action study, and/or remedial
				action shall participate in any public participation activities determined by
				the department to be appropriate;
4. the PRPs must have and maintain a
				satisfactory record of compliance with environmental statutes and requirements;
				and
5. the PRPs must reimburse the
				department for all
remedial costs
as defined in these
				regulations.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 5 - Site Remediation › Section VI-503 - Minimum Remediation Standards and Risk Evaluation/Corrective Action Program Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The goal
				of site remediation activities is to achieve the minimum remediation standards
				defined in the RECAP standards in accordance with LAC 33:I.Chapter 13. The
				standards shall be used in determining the remedial goals at the
				site.
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 5 - Site Remediation › Section VI-505 - Removal Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. A removal
				action is a remedial action performed by the department, or by one or more PRPs
				as directed by the department, wherein hazardous substances, contaminated
				soils, and/or other contaminated media are taken from the site to a permitted
				facility for treatment, storage, or disposal.
1. Removal actions may:
a. achieve the RECAP standards for the site
				as a whole;
b. achieve the RECAP
				standards for a part of the site; or
c. provide a partial remedy (i.e., provide a
				remedy for some of the hazardous substances from all or part of the site, but
				not completely achieve the RECAP standards).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 5 - Site Remediation › Section VI-507 - Remedial Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				remedial investigation (RI) includes:
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
				preliminary RECAP standards.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 5 - Site Remediation › Section VI-509 - Corrective Action Study

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				corrective action study (CAS) includes:
1. the
				development of appropriate remedial alternatives for achieving the preliminary
				RECAP standards identified in the RI report; and
2. the provision of performance and cost data
				for use in evaluating these alternatives and selecting a remedy.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 5 - Site Remediation › Section VI-511 - Selection of the Final Remedy

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				final remedy shall:
1. protect human health
				and the environment;
2. comply with
				the RECAP standards determined in accordance with these regulations;
				and
3. comply with federal and
				state ARARs. An alternative remedy that does not meet an ARAR under federal
				environmental or state environmental or facility siting laws may be selected
				under the following circumstances:
a. the
				alternative is an interim measure and will become part of a total remedial
				action that will attain the ARAR;
b. compliance with the requirement will
				result in greater risk to human health and the environment than other
				alternatives;
c. compliance with
				the requirement is technically impracticable from an engineering
				perspective;
d. the alternative
				will attain a standard of performance that is equivalent to that required under
				the otherwise applicable standard, requirement, or limitation through use of
				another method or approach; or
e.
				for a remedial action funded by the department only, an alternative that
				attains the ARAR will not provide a balance between the need for protection of
				human health and the environment at the site and the availability of monies to
				other sites that could present a threat to human health and the
				environment.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 5 - Site Remediation › Section VI-513 - Design and Implementation of the Final Remedy

Current through Register Vol. 50, No. 6, June 20, 2024
A. Remedial Design. The department, or PRPs
				as directed by the department, shall develop a remedial design (RD) that will
				successfully implement the remedy defined by the decision document approved by
				the administrative authority for that site. Any remedial design prepared by
				PRPs shall be reviewed and approved by the department. The department will
				provide comments to the PRPs and require revisions as necessary before
				approving the PRPs' design.
B.
				Remedial Project Plan. The remedial project plan shall include all tasks,
				specifications, and subplans necessary for the implementation of the remedial
				design, including construction and operation of the final remedy. The remedial
				project plan shall be prepared by the department, or by PRPs as directed by the
				department. Any plan prepared by PRPs shall be reviewed and approved by the
				department prior to implementation of the final remedy. The department will
				provide comments to the PRPs and require revisions as necessary before
				approving the PRPs' plan. The minimum requirements for the remedial project
				plan include:
1. a work plan, including:
a. a general description of the work to be
				performed and a summary of the engineering design criteria;
b. maps showing the general location of the
				site and the existing conditions of the facility;
c. a copy of any required permits and
				approvals;
d. detailed plans and
				procedural material specifications necessary for construction of the
				remedy;
e. specific quality control
				tests to be performed to document the construction, including:
i. specifications for the testing or
				reference to specific testing methods;
ii. frequency of testing;
iii. acceptable results; and
iv. other documentation methods as required
				at the discretion of the department;
f. start-up procedures and criteria to
				demonstrate the remedy is prepared for routine operation; and
g. additional information to address
				ARARs;
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 5 - Site Remediation › Section VI-515 - Revisions to the Final Remedy

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Information may become available during the remedial design process or during
				the implementation of the final remedy that requires a modification to the
				final remedy for the site.
B. If
				such information is discovered by a PRP, the PRP shall:
1. notify the Office of Environmental
				Assessment that a modification is necessary;
2. submit the relevant information to the
				department with an explanation of the proposed change; and
3. where appropriate and at the department's
				discretion, meet with the department to discuss the submitted information and
				the proposed modification to the final remedy.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 5 - Site Remediation › Section VI-517 - Inspections by the Department

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				department reserves the right to perform site and/or construction inspections
				at all sites where remedial work is being performed.
B. The department may require that any and
				all activities be halted at a site if the activity:
1. is not consistent with approved
				plans;
2. is not in compliance with
				accepted construction procedures;
3. is not in compliance with environmental
				regulations; or
4. endangers human
				health or the environment.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 5 - Site Remediation › Section VI-519 - Completion of the Final Remedy

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Following completion of the implementation of the remedial design, the success
				of the remedial action in achieving the remedial goals shall be assessed by the
				department.
B. Departmental
				assessment may result in:
1. No Further
				Action (NFA). Remedial actions that result in the successful achievement of the
				remedial goals established by the department shall be judged completed, and the
				site shall be assigned NFA status; or
2. Post-Remedial Management. Sites not
				eligible for NFA status shall be placed under post-remedial management as
				described in LAC 33:VI.521. These sites shall include:
a. sites where leaving hazardous substances
				at the site with post-remedial management was part of the approved remedy;
				or
b. sites where the approved
				remedy was unsuccessful, the remedial goals approved by the department were not
				met and, in the judgment of the department, cannot feasibly be met.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 5 - Site Remediation › Section VI-521 - Post-Remedial Management

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
1. Sites shall be placed under post-remedial
				management performed by the department, or by PRPs as directed by the
				department, where:
a. hazardous substances
				remain on-site at levels above remedial goals; or
b. post-remedial management is part of the
				approved remedy.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation › Chapter 5 - Site Remediation › Section VI-523 - Oversight of Potentially Responsible Parties by the Department

Current through Register Vol. 50, No. 6, June 20, 2024
A. All remedial
				actions and post-remedial management activities performed by PRPs shall be
				subject to oversight by the department or the department's authorized
				representative. Nothing in this Section shall affect the responsibility or
				liability of any PRP.
B. The
				department's objective in oversight of PRP-conducted remedial actions is to
				verify that the work complies with:
1. the
				governing legal document or settlement agreement (e.g., cooperative agreement
				or judicial or administrative order);
2. any statement of work, project plan (work
				plan, sampling and analysis plan, quality assurance/quality control plan,
				health and safety plan), or other plan developed and approved for the remedial
				action;
3. generally accepted
				scientific and engineering methods; and
4. all ARARs, as appropriate.
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-601 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				shall govern the recovery of remedial costs incurred on or after the effective
				date of these regulations. Nothing herein shall prevent the department from
				recovering remedial costs incurred prior to the effective date of these
				regulations.
B. As stated in
				R.S.
				30:2271, all remedial costs incurred shall be
				borne by PRPs wherever possible.
C.
				The department may elect not to pursue cost recovery where, based on
				information gathered by the department, it reasonably has determined that:
1. no PRPs can be identified;
2. no identified PRP is financially
				viable;
3. the PRP identified is a
				parish, state or political subdivision of the state, or federal
				entity;
4. the department may be
				unable to meet its burden of proof on one or more elements of its
				case;
5. the time and expense of
				the department's effort to recover costs exceed the amount to be
				recovered;
6. a legal action,
				settlement, or agreement between the PRP(s) and the department or state
				precludes past, present, and/or future cost recovery; or
7. the department meets unforeseen legal,
				administrative, or programmatic constraints that preclude further attempts at
				recovering costs.
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-603 - Calculation and Invoicing of Remedial Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Remedial costs shall be calculated to
				reflect the actual cost of remedial actions to the department, including but
				not limited to, all costs of investigation, remediation, enforcement,
				oversight, and cost recovery. Such costs shall be calculated as the sum of:
1. direct personnel costs-the total of the
				number of direct hours expended by all department employees with regard to a
				specific site multiplied by the employee's hourly rate at the time the expense
				was incurred;
2. fringe
				benefits-the total of all personnel fringe benefits based on the categories and
				their respective rates for hours expended by each employee at the
				site;
3. department's direct
				costs-the total of direct costs to the department, including without
				limitation, personnel, operating services, equipment, supplies, travel,
				sampling, and contractual charges; and
4. payments made by the department to its
				contractors-the total of all payments made by the department to its
				contractors, grantees, or agents for planning, management, direction, or
				performance of remedial and oversight actions for a specific site.
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-605 - Documentation of Remedial Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The department shall document all remedial costs. This documentation shall be
				the basis for recovery of remedial costs.
B. The department shall compile and retain
				supporting documentation for costs for which it may seek reimbursement. This
				documentation may include, but is not limited to:
1. time and attendance records;
2. records of the cost of site-specific
				travel including, but not limited to, travel reimbursement forms, requisitions,
				invoices, or memoranda;
3. invoices
				from the purchase of supplies, services, or equipment for a specific
				site;
4. contractor
				invoices;
5. cooperative agreements
				or other legal action documents;
6.
				records of site-specific direct costs, such as laboratory sampling and
				analytical costs, equipment rentals, copying service, or other services;
				and
7. records reflecting the costs
				of bringing an enforcement action, including without limitation, staff time,
				equipment use, hearing records, expert assistance, and such other items as the
				department determines to be a cost of the action. Contractor quarterly reports
				or pre-award documents that may contain confidential information concerning
				contractor overhead and labor rates shall not be included.