Title 30, Minerals, Oil, and Gas and Environmental Quality
0 chapters · 1,049 sections in this title.
La. Rev. Stat. § 30:2173 Definitions
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§2173. Definitions As used in this Chapter, the following terms shall have the meaning ascribed to them in this Section, unless the context of use clearly indicates otherwise: (1) "Abandoned site fund" shall mean the Abandoned Hazardous Waste Site Fund as created by R.S. 30:2205.…
La. Rev. Stat. § 30:2174 Administration; interim authority
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§2174. Administration; interim authority A. Except as may be otherwise specifically provided in this Chapter, the department shall have exclusive jurisdiction for the development, implementation, and enforcement of a comprehensive state hazardous waste control program consistent …
La. Rev. Stat. § 30:2175 Hazardous waste control program; time frame
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§2175. Hazardous waste control program; time frame On or before October 21, 1980, the commission shall promulgate regulations implementing a comprehensive state hazardous waste control program. The commission shall hold not less than three public hearings for the purpose of recei…
La. Rev. Stat. § 30:2176 §§2176, 2177 Repealed by Acts 1989, No
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§2176. §§2176, 2177 Repealed by Acts 1989, No. 776, §2, eff. July 9, 1989.
La. Rev. Stat. § 30:2178 Authority of the secretary to assess location
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§2178. Authority of the secretary to assess location A. The secretary shall prior to the issuance of any permit for a commercial hazardous waste treatment, storage, or disposal facility, assess the impact of the location of the facility on the citizens in the surrounding area, th…
La. Rev. Stat. § 30:2179 Hazardous waste management assessment
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§2179. Hazardous waste management assessment A.(1) Not later than January 1, 2007, the secretary of the Department of Environmental Quality shall evaluate the volume and types of hazardous waste managed in Louisiana, which shall include hazardous waste reduced, generated, transpo…
La. Rev. Stat. § 30:218 Injunction not to lie in suits to restrain exploration for oil, etc., on state lands
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§218. Injunction not to lie in suits to restrain exploration for oil, etc., on state lands No injunction shall issue against lessees of the state or state employees to restrain exploration for minerals on state lands. In all cases plaintiff's remedy shall be judicial sequestratio…
La. Rev. Stat. § 30:2180 General powers and duties of the secretary
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§2180. General powers and duties of the secretary A. In addition to any other authority or responsibility vested in him by this Chapter, the secretary shall have the following powers: (1) From time to time to adopt, amend, or repeal the standards and regulations authorized by thi…
La. Rev. Stat. § 30:2181 Notice to legislators
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§2181. Notice to legislators The assistant secretary for the office of environmental services shall send a list of the applications for hazardous waste permits and a list of the hazardous waste permits that have been granted to each member of the legislative committees on natural…
La. Rev. Stat. § 30:2182 Repealed by Acts 1999, No
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§2182. Repealed by Acts 1999, No. 303, §3, eff. June 14, 1999.
La. Rev. Stat. § 30:2183 Notice; permits and licenses; enforcement; violations; penalties; notification
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§2183. Notice; permits and licenses; enforcement; violations; penalties; notification A. No later than ninety days after the effective date of the regulations authorized by this Chapter, every person not otherwise exempt who generates, transports, or desires to transport in the s…
La. Rev. Stat. § 30:2183.1 Commercial hazardous waste recycling and incineration facilities; standards and criteria for operation; permits and licenses
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§2183.1. Commercial hazardous waste recycling and incineration facilities; standards and criteria for operation; permits and licenses A. Each commercial hazardous waste incineration facility that accepts hazardous waste or hazardous waste products for a fee, and each commercial r…
La. Rev. Stat. § 30:2183.2 Permitting in ozone nonattainment parishes
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§2183.2. Permitting in ozone nonattainment parishes The department shall not issue or grant any permit for the operation of any new, commercial hazardous waste incinerator whose primary business activity involves accepting hazardous wastes or hazardous waste products for a fee, a…
La. Rev. Stat. § 30:2184 Commercial hazardous waste recycling and resource recovery facilities; standards
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§2184. Commercial hazardous waste recycling and resource recovery facilities; standards A. Without exception and irrespective of any limiting provision thereof, commercial recycling and resource recovery facilities, including any facility heretofore determined to be a recycling o…
La. Rev. Stat. § 30:2185 Hazardous waste cooperatives
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§2185. Hazardous waste cooperatives A. The secretary may license facilities, which are owned and operated by intrastate hazardous waste cooperatives for handling, transfer, storage, treatment, or disposal of hazardous waste in accordance with requirements of law and the regulatio…
La. Rev. Stat. § 30:2186 Identification of hazardous wastes; exemptions
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§2186. Identification of hazardous wastes; exemptions A.(1) The secretary shall develop, consistent with federal regulations, objective criteria for identifying characteristics of hazardous wastes and for listing the hazardous wastes which shall be subject to the provisions of th…
La. Rev. Stat. § 30:2187 Monitoring of drinking water wells which provide public water supplies located near commercial hazardous waste facilities
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§2187. Monitoring of drinking water wells which provide public water supplies located near commercial hazardous waste facilities A. The secretary shall adopt and promulgate rules and regulations to ensure that drinking wells which provide public water supplies within a two-mile r…
La. Rev. Stat. § 30:2188 Generators
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§2188. Generators A. The secretary shall promulgate such standards applicable to generators of hazardous waste subject to the provisions of this Chapter as may be necessary to protect public health and the environment. Such standards shall, at a minimum, include requirements for:…
La. Rev. Stat. § 30:2189 Transporters
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§2189. Transporters A. The Department of Public Safety is authorized and directed to promulgate regulations and oversee compliance therewith governing the transportation of hazardous wastes by any means of commercial or private transport. The Department of Environmental Quality s…
La. Rev. Stat. § 30:219 Release from sequestration
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§219. Release from sequestration The defendant may obtain release of the sequestered product or proceeds by giving bond. This bond shall be payable to the clerk of court and in an amount fixed by the judge as being the value of the product at the time of its release, with legal i…
La. Rev. Stat. § 30:2190 Hazardous wastes from foreign nations; findings; prohibitions
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§2190. Hazardous wastes from foreign nations; findings; prohibitions A. The legislature finds and declares that: (1) The laws of the United States require testing, manifesting, and safe transportation of hazardous wastes to insure proper identification and handling from generatio…
La. Rev. Stat. § 30:2191 Importation of hazardous waste from foreign countries; prohibition
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§2191. Importation of hazardous waste from foreign countries; prohibition A. The commission or the assistant secretary shall deny hazardous waste transporter licenses and hazardous waste treatment, storage, and disposal facility permits to all persons who propose to transport int…
La. Rev. Stat. § 30:2191.1 Hazardous Waste Importation and Exportation Report
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§2191.1. Hazardous Waste Importation and Exportation Report The secretary shall file an annual Hazardous Waste Importation and Exportation Report with the president of the Senate, the speaker of the House of Representatives, the Senate Committee on Environmental Quality, and the …
La. Rev. Stat. § 30:2192 Treatment, storage, and disposal facilities
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§2192. Treatment, storage, and disposal facilities A. The secretary, with the advice and cooperation of the Louisiana Department of Health and the Department of Wildlife and Fisheries, shall promulgate regulations providing for the identification and regulation of all hazardous w…
La. Rev. Stat. § 30:2193 Land disposal of hazardous waste; restrictions; prohibition
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§2193. Land disposal of hazardous waste; restrictions; prohibition A. It is the determination of the legislature that Louisiana is particularly ill-suited both hydrologically and climatically to hazardous waste land disposal methods and past land disposal methods, siting criteria…
La. Rev. Stat. § 30:2194 Underground storage tanks; registration
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§2194. Underground storage tanks; registration A. It is the determination of the legislature that regulated substances contained in underground storage tanks pose a present and future hazard to the public health, safety, and welfare of the citizens of the state of Louisiana, and …
La. Rev. Stat. § 30:2194.1 Prohibitions
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§2194.1. Prohibitions No person shall place or dispense a regulated substance into an underground storage tank that has not been registered with the Louisiana Department of Environmental Quality. Acts 1995, No. 336, §1, eff. June 16, 1995; Acts 2016, No. 521, §1; Acts 2024, No. 1…
La. Rev. Stat. § 30:2195 Motor Fuels Underground Storage Tank Trust Dedicated Fund Account
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§2195. Motor Fuels Underground Storage Tank Trust Dedicated Fund Account A. The legislature hereby finds and declares that the preservation of its groundwater is a matter of highest urgency and priority, as these waters provide a primary source of potable water in this state and …
La. Rev. Stat. § 30:2195.1 Repealed by Acts 1995, No
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§2195.1. Repealed by Acts 1995, No. 336, §2, eff. June 16, 1995.
La. Rev. Stat. § 30:2195.10 Financial responsibility for noncompliance
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§2195.10. Financial responsibility for noncompliance A. Releases at sites that have been determined eligible for funds from the Tank Trust Account prior to July 6, 2004, are not subject to the financial responsibility amounts for noncompliance specified in this Section. B. After …
La. Rev. Stat. § 30:2195.11 Voluntary cleanup; private contracts; exemptions
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§2195.11. Voluntary cleanup; private contracts; exemptions Nothing in R.S. 30:2194 through this Section shall be deemed to prohibit a person from conducting site rehabilitation and remediation through approved response action contractors. Voluntary rehabilitation of contaminated …
La. Rev. Stat. § 30:2195.12 Alternate generated power capacity for motor fuel dispensing facilities
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§2195.12. Alternate generated power capacity for motor fuel dispensing facilities A. As used in this Section, the following terms and phrases shall have the following meanings unless the context clearly indicates otherwise: (1) "Completely rebuilt motor fuel retail outlet" means …
La. Rev. Stat. § 30:2195.2 Uses of the Tank Trust Account
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§2195.2. Uses of the Tank Trust Account A. The department shall administer the Tank Trust Account and shall make disbursements from the account for all necessary and appropriate expenditures. Pursuant to the authorization in R.S. 30:2195, the secretary of the Department of Enviro…
La. Rev. Stat. § 30:2195.3 Source of funding; limitations on disbursements from the Tank Trust Account;
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§2195.3. Source of funding; limitations on disbursements from the Tank Trust Account; limit on amount in Tank Trust Account A.(1)(a) A fee is imposed on the first sale or delivery of a motor fuel upon withdrawal from bulk of that fuel. This fee shall not, however, apply to new or…
La. Rev. Stat. § 30:2195.4 Procedures for disbursements from the Tank Trust Account
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§2195.4. Procedures for disbursements from the Tank Trust Account A. Monies held in the Tank Trust Account established hereunder shall be disbursed by the secretary in the following manner: (1) Notwithstanding any provision of R.S. 30:2194 through 2195.11 to the contrary, any rem…
La. Rev. Stat. § 30:2195.5 Audits
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§2195.5. Audits An annual independent audit of the Tank Trust Account shall be conducted. Such funds as are necessary to perform the audit shall be authorized from the Tank Trust Account. The secretary shall authorize funding from the Environmental Trust Dedicated Fund Account, R…
La. Rev. Stat. § 30:2195.6 Ownership of Tank Trust Account
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§2195.6. Ownership of Tank Trust Account The Tank Trust Account shall be used only for the purposes set forth in R.S. 30:2194 through 2195.11 and for no other governmental purposes, nor shall any portion thereof ever be available to borrow from by any branch of government; it bei…
La. Rev. Stat. § 30:2195.7 No inference of liability on the part of the state
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§2195.7. No inference of liability on the part of the state Nothing in R.S. 30:2194 through 2195.11 shall establish or create any liability or responsibility on the part of the department or the state of Louisiana to pay any cleanup cost or third-party claims from any source othe…
La. Rev. Stat. § 30:2195.8 Advisory board
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§2195.8. Advisory board A.(1) There shall be a Motor Fuels Underground Storage Tank Trust Fund Advisory Board, hereinafter referred to as the "board," to advise the secretary with regard to implementation of the Tank Trust Account including investment of the trust and issuance of…
La. Rev. Stat. § 30:2195.9 Financial responsibility
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§2195.9. Financial responsibility A. The financial responsibility requirements for taking response actions and third-party judgments by motor fuel underground storage tank owners who are eligible participants in the Tank Trust Account are hereby established as follows: (1) Ten th…
La. Rev. Stat. § 30:2196 Manifest system
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§2196. Manifest system Within its comprehensive hazardous waste control program, the secretary shall require the use of a manifest system for the orderly tracking of hazardous wastes from the generation site to the site of treatment, storage, and disposal. The system shall at a m…
La. Rev. Stat. § 30:2197 Payment of tax on disposal of hazardous waste
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§2197. Payment of tax on disposal of hazardous waste Every person subject to the provisions of this Chapter, except those persons disposing of special waste as defined in the rules and regulations adopted pursuant to this Chapter, may be liable for the payment of the tax imposed …
La. Rev. Stat. § 30:2198 Hazardous Waste Protection Fund
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§2198. Hazardous Waste Protection Fund A. There is hereby established a Hazardous Waste Protection Fund, hereinafter referred to as the "Protection Fund", to which shall be deposited all bonds forfeited to the state under this Chapter and all hazardous waste protection payments u…
La. Rev. Stat. § 30:2199 Applications; comments; local government
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§2199. Applications; comments; local government A. The secretary shall furnish a copy of each permit or license application to the Department of Wildlife and Fisheries, the office of engineering within the Department of Transportation and Development, the Louisiana Department of …
La. Rev. Stat. § 30:22 Underground storage of natural gas, liquid hydrocarbons, and carbon dioxide
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§22. Underground storage of natural gas, liquid hydrocarbons, and carbon dioxide A. The underground storage of natural gas, liquid hydrocarbons, and carbon dioxide which promotes conservation of natural gas or liquid hydrocarbons, or which permits the building of large quantities…
La. Rev. Stat. § 30:220 Interlocutory decree for sale of sequestered oil
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§220. Interlocutory decree for sale of sequestered oil Prior to the release on bond, the judge may on application by either party after hearing, issue an interlocutory decree ordering the sheriff to sell the minerals at the highest market price then obtainable and to deposit the …
La. Rev. Stat. § 30:2200 Subsurface injection
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§2200. Subsurface injection Nothing herein shall limit the power of the secretary to issue permits and make regulations relative to the subsurface injection of waste products and oil and gas field salt water in compliance with Chapter 1 of this Title and the subsurface injection …
La. Rev. Stat. § 30:2201 Repealed by Acts 1999, No
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§2201. Repealed by Acts 1999, No. 348, §2, eff. June 16, 1999.
La. Rev. Stat. § 30:2202 Prohibitions
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§2202. Prohibitions A. No person shall initiate or continue the generation, transportation, treatment, storage, or disposal of hazardous waste except as in compliance with the provisions of this Subtitle. B. No person shall violate any rule or regulation adopted by the secretary …
La. Rev. Stat. § 30:2203 Remediation; evidence; prohibitions
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§2203. Remediation; evidence; prohibitions A. Any person who causes, suffers, allows, or permits hazardous waste to be transported, generated, treated, stored, or disposed in such manner that it enters any groundwaters of the state upon obtaining knowledge of such shall notify th…