Title 30, Minerals, Oil, and Gas and Environmental Quality
0 chapters · 1,049 sections in this title.
La. Rev. Stat. § 30:2034 Repealed by Acts 1989, No
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§2034. Repealed by Acts 1989, No. 392, §3, eff. June 30, 1989.
La. Rev. Stat. § 30:2035 Environmental Emergency Response Training Program
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§2035. Environmental Emergency Response Training Program A. The Environmental Emergency Response Training Program is hereby created for the purpose of providing or securing training designed to instruct emergency response personnel to quickly, efficiently, and effectively respond…
La. Rev. Stat. § 30:2036 Easements, rights of way, eminent domain
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§2036. Easements, rights of way, eminent domain A. When an emergency is declared, the secretary, under the police powers of the state, may, for the duration of the emergency and without compensation to the landowner except for actual damages to property or person, claim a compreh…
La. Rev. Stat. § 30:2037 Repealed by Acts 1999, No
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§2037. Repealed by Acts 1999, No. 303, §3, eff. June 14, 1999.
La. Rev. Stat. § 30:2038 Degradable or recyclable plastics; state agencies
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§2038. Degradable or recyclable plastics; state agencies A.(1) In order to enhance the beauty and quality of our environment; conserve and recycle our natural resources; prevent the spread of disease and the creation of nuisances; protect the public health, safety, and welfare; a…
La. Rev. Stat. § 30:2039 Recordation of notice of solid or hazardous waste site by landowner
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§2039. Recordation of notice of solid or hazardous waste site by landowner A. If a landowner has actual or constructive knowledge that his property: (1) Has been used for the disposal of hazardous waste or as a solid waste landfill, except as provided in rules, and such wastes re…
La. Rev. Stat. § 30:204 Repealed by Acts 1997, No
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§204. Repealed by Acts 1997, No. 294, §2.
La. Rev. Stat. § 30:2040 Siting disposal facilities in Rapides Parish
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§2040. Siting disposal facilities in Rapides Parish The secretary shall not authorize or permit within Rapides Parish any new commercial solid or hazardous waste disposal facility or new commercial solid waste or sanitary landfill within two miles of the corporate limits of any m…
La. Rev. Stat. § 30:2040.1 Siting disposal facilities near Acadiana Regional Airport
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§2040.1. Siting disposal facilities near Acadiana Regional Airport The secretary shall not authorize or permit a residential or commercial solid waste disposal facility or a construction and demolition debris solid waste disposal facility within ten thousand feet of the Acadiana …
La. Rev. Stat. § 30:2041 Repealed by Acts 1997, No
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§2041. Repealed by Acts 1997, No. 123, §2.
La. Rev. Stat. § 30:2042 Payment under protest
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§2042. Payment under protest A. Any person protesting the payment of any amount found due by the secretary shall remit to the secretary the amount found to be due and at that time shall give the secretary notice of intention to file suit for the recovery of such fee, or the porti…
La. Rev. Stat. § 30:2043 Public records; forms and methods; electronic signatures
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§2043. Public records; forms and methods; electronic signatures A. Notwithstanding any other provision of law to the contrary, any public record maintained by the department may be kept in any written, photographic, microfilm, or other similar form or method, or may be kept by an…
La. Rev. Stat. § 30:2044 Voluntary environmental self-audits
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§2044. Voluntary environmental self-audits A. The secretary shall promulgate, in accordance with the Administrative Procedure Act, regulations establishing a program for voluntary environmental self-audits. As a part of that program, the regulations shall provide for the followin…
La. Rev. Stat. § 30:205 Repealed by Acts 1992, No
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§205. Repealed by Acts 1992, No. 984, §18.
La. Rev. Stat. § 30:2050.1 Enforcement; policies; list; legal review
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§2050.1. Enforcement; policies; list; legal review A. The secretary shall establish policies and procedures to address violations of this Subtitle in a formal and consistent manner. B.(1) The secretary shall maintain a list of all notices of violations, compliance orders, and pen…
La. Rev. Stat. § 30:2050.10 Declaratory rulings
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§2050.10. Declaratory rulings A. The secretary shall adopt procedures for the issuance of declaratory rulings on significant matters. The rules must provide for: (1) The form, content, and filing of a petition for a declaratory ruling. (2) The procedural rights of the person seek…
La. Rev. Stat. § 30:2050.11 Adjudicatory hearings, in general; intervention; withdrawal; public hearing
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§2050.11. Adjudicatory hearings, in general; intervention; withdrawal; public hearing A. An adjudicatory hearing shall be conducted in accordance with the procedures prescribed in the Administrative Procedure Act. B. An aggrieved person has the right to intervene as a party in an…
La. Rev. Stat. § 30:2050.12 Public hearing; location; public comment; transcript
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§2050.12. Public hearing; location; public comment; transcript A. A public hearing may be held in conjunction with an adjudicatory hearing. It shall be conducted in an orderly and expeditious manner. B. A hearing held under this Section shall be held in the parish in which the ac…
La. Rev. Stat. § 30:2050.13 Hearing officers; employment
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§2050.13. Hearing officers; employment The secretary may employ one or more hearing officers to perform such duties relative to adjudications as the secretary assigns to them. A hearing officer shall be a full-time employee in the classified service of the state. Acts 1995, No. 9…
La. Rev. Stat. § 30:2050.14 Hearing officers; qualifications; ethical standards
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§2050.14. Hearing officers; qualifications; ethical standards A. A hearing officer for an adjudicatory hearing shall: (1) Have a general knowledge of the contaminants, wastes, and other materials whose interactions with the environment are regulated by this Subtitle. (2) Have a g…
La. Rev. Stat. § 30:2050.15 Hearing officers; powers; contemptuous conduct
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§2050.15. Hearing officers; powers; contemptuous conduct A. A hearing officer for an adjudicatory hearing shall have the power to: (1) Administer oaths and affirmations. (2) Receive acknowledgments and affidavits. (3) Order depositions be taken. (4) Hold conferences for the settl…
La. Rev. Stat. § 30:2050.16 Hearing officers; orders, recommendations, decisions
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§2050.16. Hearing officers; orders, recommendations, decisions A. A hearing officer shall file orders issued and recommendations or decisions rendered by the hearing officer at the conclusion of the hearing in the record of adjudication and with the secretary. The hearing officer…
La. Rev. Stat. § 30:2050.17 Hearing officers; administrative review by secretary
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§2050.17. Hearing officers; administrative review by secretary A. A party may only seek review of an order, decision, or ruling of a hearing officer by requesting an administrative review by the secretary. Judicial review of specified interlocutory orders or rulings is governed b…
La. Rev. Stat. § 30:2050.18 Hearing officers; interlocutory order or ruling; judicial review
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§2050.18. Hearing officers; interlocutory order or ruling; judicial review A.(1) Upon request of a party, the hearing officer may certify an interlocutory order or ruling for direct review by the Nineteenth Judicial District Court when both of the following conditions are satisfi…
La. Rev. Stat. § 30:2050.19 Order or decision of the secretary
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§2050.19. Order or decision of the secretary A final order or decision of the secretary regarding a permit, compliance order, or penalty assessment shall designate those portions of the record of adjudication on which the secretary relied and shall include findings of fact and co…
La. Rev. Stat. § 30:2050.2 Enforcement; compliance orders
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§2050.2. Enforcement; compliance orders A. When information indicates that a violation has occurred, is occurring, or is about to occur, the assistant secretary for the office of environmental compliance may issue a notice of violation or a compliance order within ten days after …
La. Rev. Stat. § 30:2050.20 Record of decision
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§2050.20. Record of decision For matters not handled by the division of administrative law, within the Department of State Civil Service, the secretary shall adopt rules requiring that the record of a decision be assembled in a uniform and consistent order. Acts 1995, No. 947, §1…
La. Rev. Stat. § 30:2050.21 Judicial review; appeal
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§2050.21. Judicial review; appeal A. An aggrieved person may appeal devolutively a final permit action, a final enforcement action, or a declaratory ruling only to the Nineteenth Judicial District Court. A petition for review must be filed in the district court within thirty days…
La. Rev. Stat. § 30:2050.22 Judicial review; appeal; stays
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§2050.22. Judicial review; appeal; stays A. A respondent may also appeal a penalty assessment suspensively. B. The filing of an appeal does not stay a compliance order, a final permit action, or a declaratory ruling. However, the secretary may grant, or the court may order, a sta…
La. Rev. Stat. § 30:2050.23 Notice
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§2050.23. Notice A.(1) Notice to an applicant for a permit, a respondent, a petitioner for a declaratory ruling, or a party to an adjudicatory hearing shall be given by certified mail return receipt requested. (2) Notice to other persons shall be given by ordinary mail. (3) In al…
La. Rev. Stat. § 30:2050.24 Subpoenas and witnesses; fees; expenses; notice
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§2050.24. Subpoenas and witnesses; fees; expenses; notice A. The secretary shall establish fees to be paid by the party for whom a subpoena is issued. The fees shall be sufficient to defray fees and expenses due a witness in a civil proceeding and to reimburse the department for …
La. Rev. Stat. § 30:2050.25 Powers of the secretary
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§2050.25. Powers of the secretary A. The secretary shall adopt rules of procedure implementing the provisions of this Chapter and the applicable provisions of the Administrative Procedure Act. B. The secretary may act personally regarding matters on which this Subtitle authorizes…
La. Rev. Stat. § 30:2050.26 Duties of assistant secretary
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§2050.26. Duties of assistant secretary The assistant secretaries may not delegate the duties assigned to them by this Subtitle which require the exercise of deliberative discretion. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
La. Rev. Stat. § 30:2050.27 Computation of time
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§2050.27. Computation of time The computation of a time period allowed or prescribed in this Chapter is governed by Code of Civil Procedure Article 5059. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
La. Rev. Stat. § 30:2050.28 Applicability of the Administrative Procedure Act
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§2050.28. Applicability of the Administrative Procedure Act The provisions of this Chapter are supplementary to those of the Administrative Procedure Act and are applicable specifically to the subject matter of agency proceedings within the department and judicial review by appea…
La. Rev. Stat. § 30:2050.29 Mandamus
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§2050.29. Mandamus Except for those situations in which R.S. 30:2024(C) and R.S. 30:2050.4(G) apply, whenever this Chapter specifies a deadline for the secretary or authorized assistant secretary to act on a particular matter and the secretary or authorized assistant secretary fa…
La. Rev. Stat. § 30:2050.3 Enforcement; notice of violation; penalties
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§2050.3. Enforcement; notice of violation; penalties A. The secretary shall establish criteria for the assessment of reasonably consistent department-wide penalties based upon the factors enumerated in this Subtitle. If criteria for a particular violation are not established, the…
La. Rev. Stat. § 30:2050.30 Bond; exception
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§2050.30. Bond; exception No bond shall be required for appeals of actions to the Nineteenth Judicial District Court as provided in this Chapter. Acts 1996, 1st Ex. Sess., No. 41, §1, eff. May 7, 1996. NOTE: SEE ACTS 1996, 1ST EX. SESS., NO. 41, §2; RE: PROCEDURAL LAW.
La. Rev. Stat. § 30:2050.31 Appeals; district court decisions
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§2050.31. Appeals; district court decisions Any party aggrieved by a final judgment or interlocutory order or ruling of the Nineteenth Judicial District Court may appeal or seek review thereof, as the case may be, to the Court of Appeal, First Circuit. Acts 1996, 1st Ex. Sess., N…
La. Rev. Stat. § 30:2050.4 Enforcement; adjudicatory hearing; public comment
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§2050.4. Enforcement; adjudicatory hearing; public comment A. The respondent has the right to an adjudicatory hearing on a disputed issue of material fact or of law arising from a compliance order or a penalty assessment. This right may be exercised by filing a written request wi…
La. Rev. Stat. § 30:2050.5 Enforcement; final action
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§2050.5. Enforcement; final action A. The obligations imposed by an order or assessment are enforceable when the order or assessment becomes a final enforcement action. B. The obligations imposed by a compliance order concerning a community sewer system are enforceable when notic…
La. Rev. Stat. § 30:2050.6 Enforcement; informal procedures
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§2050.6. Enforcement; informal procedures A. The secretary may establish informal procedures for compliance orders and penalty assessments by rules adopted in accordance with the Administrative Procedure Act. The rules shall specify those types of compliance orders and penalty as…
La. Rev. Stat. § 30:2050.7 Enforcement; settlement or compromise
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§2050.7. Enforcement; settlement or compromise A. Except as otherwise provided herein, the secretary, with the concurrence of the attorney general, may settle or resolve as deemed advantageous to the state any suits, disputes, or claims for any penalty under any provision of this…
La. Rev. Stat. § 30:2050.8 Enforcement; cease and desist orders
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§2050.8. Enforcement; cease and desist orders A. When a violation that is endangering or causing significant damage to public health or the environment is occurring or is about to occur, the secretary may issue a cease and desist order to protect public health or the environment.…
La. Rev. Stat. § 30:2050.9 Enforcement; abandonment
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§2050.9. Enforcement; abandonment A compliance order or a penalty assessment is abandoned when the department fails to take any steps to obtain final enforcement action for a period of two years after the issuance of an order or an assessment. Acts 1995, No. 947, §1, eff. Jan. 1,…
La. Rev. Stat. § 30:2051 Citation
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§2051. Citation This Chapter shall be known and may be cited as the "Louisiana Air Control Law." Acts 1979, No. 449, §1, eff. Jan. 1, 1980.
La. Rev. Stat. § 30:2052 Policy; purpose
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§2052. Policy; purpose The legislature finds and declares that the purity of the air in the environment is a matter of vital concern to the welfare of the people of the state and to promote an environment free from pollution that jeopardizes the health and welfare of the citizens…
La. Rev. Stat. § 30:2053 Definitions
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§2053. Definitions As used in this Chapter, the following terms shall have the meanings ascribed to them in this Section, unless the context clearly indicates otherwise: (1) "Air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any combination th…
La. Rev. Stat. § 30:2054 Air quality control; secretary of environmental quality; powers and duties
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§2054. Air quality control; secretary of environmental quality; powers and duties A. The secretary shall have the following powers and duties with respect to air quality control: (1) To prepare and develop a general plan for the proper control of the air resources in the state of…
La. Rev. Stat. § 30:2055 Permits; licenses
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§2055. Permits; licenses No person shall conduct any activity which results in the discharge of air contaminants without the appropriate permit or license as required under the regulations of the secretary adopted pursuant to this Chapter. Acts 1983, No. 97, §1, eff. Feb. 1, 1984…