Title 30, Minerals, Oil, and Gas and Environmental Quality
0 chapters · 1,049 sections in this title.
La. Rev. Stat. § 30:2204 Hazardous waste sites; cleanup
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§2204. Hazardous waste sites; cleanup A.(1) Whenever any owner, operator, or responsible person of any site obtains information that indicates hazardous waste or hazardous waste constituents are leaching, spilling, discharging, or otherwise moving in, into, within, or on any land…
La. Rev. Stat. § 30:2204.1 Limitations on responsibility of landowners for removal of hazardous waste
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§2204.1. Limitations on responsibility of landowners for removal of hazardous waste No landowner shall be held responsible, by an order of the secretary or the courts, for removal or the cost of removal of hazardous waste which has been disposed of on his land by the act of a thi…
La. Rev. Stat. § 30:2205 Hazardous Waste Site Cleanup Fund
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§2205. Hazardous Waste Site Cleanup Fund A.(1) All sums recovered through judgments, settlements, assessments of civil or criminal penalties, funds recovered by suit or settlement from potentially responsible parties for active or abandoned site remediation or cleanup, or otherwi…
La. Rev. Stat. § 30:2206 Contracting for hazardous waste site cleanup
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§2206. Contracting for hazardous waste site cleanup A. Whenever a hazardous waste site must be permanently closed, isolated, cleaned up, or otherwise rendered safe and there is no responsible party other than the state to perform the work, the secretary, in the name and on behalf…
La. Rev. Stat. § 30:221 Aerial photographs or mosaics; filing; copies; penalty
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§221. Aerial photographs or mosaics; filing; copies; penalty A. Any person who takes photographs from the air in this state for the purpose of making aerial maps or mosaics must file a list of these photographs or mosaics within thirty days after their completion with the State D…
La. Rev. Stat. § 30:2221 Citation
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§2221. Citation This Chapter, consisting of Sections 2221 through 2226 of Title 30, may be cited as the "Louisiana Inactive and Abandoned Hazardous Waste Site Law." Added by Acts 1983, No. 547, §2, eff. July 14, 1983.
La. Rev. Stat. § 30:2222 Policy and purpose; duties
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§2222. Policy and purpose; duties A. The Legislature finds and declares that: (1) Hazardous wastes in inactive or abandoned pits, ponds, lagoons, landfills, or other pollution sources pose a present and future hazard to the public health, safety, and welfare. (2) State laws and r…
La. Rev. Stat. § 30:2223 Definitions
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§2223. Definitions As used in this Chapter, the following terms shall have the meaning ascribed to them in this Section, unless the context or use clearly indicates otherwise: (1) "Hazardous wastes" or "wastes" means those elements or compounds defined or identified as hazardous …
La. Rev. Stat. § 30:2224 Contingency plans; agency coordination
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§2224. Contingency plans; agency coordination A. In administering this Chapter, the department shall: (1) Develop contingency plans and adopt guidelines for the containment, closure, and post-closure maintenance of inactive and abandoned hazardous waste sites; and (2) Develop and…
La. Rev. Stat. § 30:2225 Abandoned hazardous waste sites
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§2225. Abandoned hazardous waste sites A. A site may be declared to be an abandoned hazardous waste site by the secretary 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…
La. Rev. Stat. § 30:2226 Hazardous Waste Assessment Report; requirements; submission
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§2226. Hazardous Waste Assessment Report; requirements; submission A. The secretary is hereby authorized and mandated to develop a comprehensive evaluation of hazardous waste in Louisiana, and to issue such evaluation in the form of a report as provided for herein. The department…
La. Rev. Stat. § 30:2241 Definitions
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§2241. Definitions A. The terms used in this Chapter shall be defined as provided in R.S. 30:2004 and R.S. 30:2173, with R.S. 30:2173 governing in any case of conflict between them, unless another definition is specifically provided or a definition is specifically modified herein…
La. Rev. Stat. § 30:2242 Imposition
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§2242. Imposition There is hereby levied a one time tax upon the hazardous waste content, as of July 1, 1984, of land in Louisiana, as determined in this Chapter. Acts 1984, 1st Ex. Sess., No. 8, §1, eff. March 27, 1984. Acts 1984, No. 108, §1, eff. June 15, 1984.
La. Rev. Stat. § 30:2243 Rate
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§2243. Rate The one time tax levied in this Chapter shall be levied upon the hazardous waste content of land in Louisiana at the rate of two dollars a dry weight ton of hazardous waste content. The one time tax shall be determined and shall be due at the time and in the manner pr…
La. Rev. Stat. § 30:2244 Tax collectible from disposers and generators
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§2244. Tax collectible from disposers and generators The one time tax levied in this Chapter shall be collectible from and shall be paid by the generators or disposers who have contributed to the hazardous waste content of land in Louisiana to the extent of their contribution to …
La. Rev. Stat. § 30:2245 Contribution report of disposers and generators
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§2245. Contribution report of disposers and generators A. By October 1, 1984, all disposers and generators of hazardous waste in Louisiana shall determine the extent of their contribution to the hazardous waste content of land in Louisiana. That determination shall be made by the…
La. Rev. Stat. § 30:2246 Failure to file contribution report timely; false reports
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§2246. Failure to file contribution report timely; false reports A. Unless an extension is granted in writing by the secretary as provided for in R.S. 30:2247, contribution reports are due from all disposers and generators for hazardous waste in Louisiana by October 1, 1984. B. U…
La. Rev. Stat. § 30:2247 Extension of time to file Contribution Report
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§2247. Extension of time to file Contribution Report Upon timely written application therefor, the secretary may grant an extension of time in which to file the contribution report not in excess of sixty days. Acts 1984, 1st Ex. Sess., No. 8, §1, eff. March 27, 1984.
La. Rev. Stat. § 30:2248 Modification of contribution report
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§2248. Modification of contribution report A. If a disposer or generator has timely filed the contribution report required in R.S. 30:2245 and if he has complete and accurate records for 1981, 1982, 1983, and the first six months of 1984, the secretary may, upon the filing by the…
La. Rev. Stat. § 30:2249 Disposition of tax
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§2249. Disposition of tax The secretary shall determine the tax imposed on each disposer or generator according to the rate set forth in R.S. 30:2243 as applied to the disposer's or generator's contribution to the dry weight tons of hazardous waste content of land as provided in …
La. Rev. Stat. § 30:2250 Notice of determination of tax imposed
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§2250. Notice of determination of tax imposed Upon determining the tax imposed on each disposer or generator of hazardous waste in Louisiana, the secretary shall mail a written notice of such determination to each disposer or generator and to the secretary of the Department of Re…
La. Rev. Stat. § 30:2251 Payment of tax
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§2251. Payment of tax The tax determined to be due under this Chapter shall be due January 1, 1985, and payable on January 1, 1985. Acts 1984, 1st Ex. Sess., No. 8, §1, eff. March 27, 1984.
La. Rev. Stat. § 30:2252 Collection
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§2252. Collection Upon receipt of the written notice provided for in R.S. 30:2250 by the secretary of the Department of Revenue of the amount of tax determined to be imposed and due under this Chapter, said secretary shall proceed to collect and enforce the tax in accordance with…
La. Rev. Stat. § 30:2253 Delinquency penalty
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§2253. Delinquency penalty Failure to pay the tax due to the secretary of the Department of Revenue on January 1, 1985, shall result in the imposition of a penalty of twenty-five percent of the tax due hereunder in addition to interest as provided by Chapter 18 of Subtitle II of …
La. Rev. Stat. § 30:2271 Findings and purpose
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§2271. Findings and purpose A. The legislature hereby finds and declares the following: (1) Hazardous chemicals and substances have been disposed of in Louisiana for many years in a manner that, although possibly legal at the time, was careless and inappropriate and created condi…
La. Rev. Stat. § 30:2272 Definitions
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§2272. Definitions As used in this Chapter, the following terms shall have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise: (1) "Bona fide prospective purchaser" shall have the meaning ascribed to such term in 42 U.S.C. 9601(40). (2)(a…
La. Rev. Stat. § 30:2272.1 Minimum remediation standards
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§2272.1. Minimum remediation standards A.(1) The Department of Environmental Quality shall adopt minimum remediation standards for soil, groundwater, and surface water quality necessary for the remediation of contamination of immovable property. The standards shall be developed w…
La. Rev. Stat. § 30:2273 Persons who must comply with requirements of this Chapter
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§2273. Persons who must comply with requirements of this Chapter The following persons or entities must comply with and are subject to the provisions of this Chapter: (1) The owner, operator, or lessee of any pollution source or facility. (2) Any person who has directly transport…
La. Rev. Stat. § 30:2274 Notification and demand of secretary
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§2274. Notification and demand of secretary A. After the secretary has determined that a discharge or disposal has occurred which may present an imminent and substantial endangerment to health or the environment, he shall attempt to notify each person known to have disposed of, t…
La. Rev. Stat. § 30:2275 Demand by secretary; remedial action
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§2275. Demand by secretary; remedial action A. When the secretary determines that a discharge or disposal of a hazardous substance has occurred or is about to occur which may present an imminent and substantial endangerment to health or the environment, he shall make a written de…
La. Rev. Stat. § 30:2276 Finding of liability by the court
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§2276. Finding of liability by the court A. The court shall find the defendant liable to the state for the costs of remedial action taken because of an actual or potential discharge or disposal which may present an imminent and substantial endangerment to health or the environmen…
La. Rev. Stat. § 30:2277 Defenses
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§2277. Defenses Any of the following shall be a defense to an action prosecuted by the state under the provisions of this Chapter: (1) The discharge or disposal was caused by an act of God. (2) The discharge or disposal was caused by an act of war. (3) The discharge or disposal w…
La. Rev. Stat. § 30:2278 Indemnification agreements
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§2278. Indemnification agreements No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any facility or from any person who may be liable for a discharge or disposal to any other person the liability imp…
La. Rev. Stat. § 30:2279 Other laws
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§2279. Other laws The provisions of this Chapter shall apply to all persons defined herein regardless of whether or not that person is liable for payment of any taxes, cleanup costs, or other costs under any federal statute or enactment which purports to require a party to clean …
La. Rev. Stat. § 30:2280 Rules and regulations
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§2280. Rules and regulations The secretary shall implement the provisions of this Chapter through appropriate rules and regulations including a general requirement providing an opportunity for a public meeting and if requested a public comment period of no more than sixty days du…
La. Rev. Stat. § 30:2281 Privilege; cost of remediation
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§2281. Privilege; cost of remediation Consistent with the findings of R.S. 30:2271, the legislature hereby finds that it is in the best interest of this state and a part of the exercise of its police powers that this state have a lien or privilege against immovable property for t…
La. Rev. Stat. § 30:2282 Capitol lakes
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§2282. Capitol lakes A. The legislature recognizes that the lakes, which may be* located in the state capital city adjacent to the capitol building and the governor's mansion, are classified as an inactive and abandoned hazardous waste site by the Department of Environmental Qual…
La. Rev. Stat. § 30:2283 Reporting requirements
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§2283. Reporting requirements A. Whenever any owner, operator, or responsible person of any site obtains information that indicates hazardous waste, hazardous waste constituents, or hazardous substances as defined in R.S. 30:2272 are leaching, spilling, discharging, or otherwise …
La. Rev. Stat. § 30:2285 Findings and purpose
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§2285. Findings and purpose A. The legislature hereby finds that there are numerous former commercial and industrial sites that are contaminated with hazardous pollutants and that these sites are idle and unproductive because they have not been remediated. It is found that the ow…
La. Rev. Stat. § 30:2285.1 Voluntary remedial actions; liability exemption
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§2285.1. Voluntary remedial actions; liability exemption A.(1) Subject to the provisions of this Part, any person who is not otherwise a responsible person under Part I of this Chapter shall not be liable under Part I for the discharge or disposal or threatened discharge or dispo…
La. Rev. Stat. § 30:2285.2 Responsible landowner
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§2285.2. Responsible landowner A "responsible person" or "responsible landowner" is a person who is responsible under the provisions of this Chapter for the discharge or disposal or the threatened discharge or disposal of a hazardous substance or hazardous waste on or in immovabl…
La. Rev. Stat. § 30:2286 Partial remedial action plans
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§2286. Partial remedial action plans A. The secretary may approve a voluntary remedial action plan submitted under this Part that does not require removal or remedy of all discharges or disposals and threatened discharges or disposals of hazardous substances and hazardous wastes …
La. Rev. Stat. § 30:2286.1 Submission and approval of voluntary remedial action plans
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§2286.1. Submission and approval of voluntary remedial action plans A. Remedial Investigation Work Plan (1) A person shall submit a plan for voluntary remedial investigation. The voluntary remedial investigation plan shall include a work plan that shall conform to the site invest…
La. Rev. Stat. § 30:2287 Performance liability
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§2287. Performance liability Persons specified in R.S. 30:2288 or R.S. 30:2288.1(C) shall not be liable for aggravating or contributing to any discharge or disposal or threatened discharge or disposal identified in an approved voluntary remedial action plan for the purpose of R.S…
La. Rev. Stat. § 30:2287.1 Certification of completion
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§2287.1. Certification of completion A. Remedial actions taken under an approved voluntary remedial action plan are not completed until the secretary certifies completion in writing. B. Certification of completion of remedial actions taken under a voluntary remedial action plan t…
La. Rev. Stat. § 30:2288 Persons exempt from liability
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§2288. Persons exempt from liability A. In addition to the person who undertakes and completes remedial actions, and subject to the provisions of R.S. 30:2289, the exemption from liability provided by this Part applies to the following persons when the secretary issues the certif…
La. Rev. Stat. § 30:2288.1 Voluntary remedial actions by responsible persons
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§2288.1. Voluntary remedial actions by responsible persons A. Notwithstanding R.S. 30:2286.1(A), a responsible person who undertakes and completes an approved remedial action plan shall be exempt from liability under Part I of this Chapter if the remedial actions are undertaken a…
La. Rev. Stat. § 30:2289 Persons not exempt from liability
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§2289. Persons not exempt from liability The exemption from liability provided by this Part does not apply to: (1) A person who aggravates or contributes to a discharge or disposal or threatened discharge or disposal that was not remedied under an approved voluntary remedial acti…
La. Rev. Stat. § 30:2289.1 Requests for review, investigation, and oversight; fees
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§2289.1. Requests for review, investigation, and oversight; fees A. The secretary may, upon request, assist a person in determining whether immovable property has been the site of a discharge or disposal or a threatened discharge or disposal of a hazardous substance or hazardous …
La. Rev. Stat. § 30:2290 Other rights and authorities; rules
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§2290. Other rights and authorities; rules A. Nothing in this Part affects the authority of the department or the secretary to exercise any powers or duties under this Chapter or other law with respect to any discharge or disposal or threatened discharge or disposal, or affects t…