Title 30, Minerals, Oil, and Gas and Environmental Quality
0 chapters · 1,049 sections in this title.
La. Rev. Stat. § 30:2331.9 Repealed by Acts 1997, No
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§2331.9. Repealed by Acts 1997, No. 1116, §2.
La. Rev. Stat. § 30:2341 Short title
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§2341. Short title This Chapter shall be known and may be cited as the "Louisiana School Asbestos Abatement Act". Acts 1985, No. 394, §1, eff. July 10, 1985.
La. Rev. Stat. § 30:2342 Findings and declaration of policy
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§2342. Findings and declaration of policy A. The legislature finds and declares that: (1) Asbestos-containing materials were used in elementary and secondary schools within the state for fireproofing, soundproofing, thermal insulation, decorative, and other purposes. (2) Asbestos…
La. Rev. Stat. § 30:2343 Definitions
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§2343. Definitions As used in this Chapter: (1) "Abatement" means maintenance and repair, encapsulation, enclosure, or removal of friable asbestos-containing materials in school buildings. (2) "Asbestos" means the asbestiform varieties of: chyrsotile (serpentine); crocidolite (ri…
La. Rev. Stat. § 30:2344 Rules and regulations
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§2344. Rules and regulations A. The secretary shall promulgate all rules and regulations necessary for the implementation of the provisions of this Chapter no later than December 31, 1985. The secretary shall seek the input of local educational agencies in the development of the …
La. Rev. Stat. § 30:2345 Repealed by Acts 2010, No
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§2345. Repealed by Acts 2010, No. 295, §2.
La. Rev. Stat. § 30:2346 Prohibitions
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§2346. Prohibitions No person shall violate any rule or regulation adopted under this Chapter. Acts 1989, No. 750, §1.
La. Rev. Stat. § 30:2351 Findings and purpose
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§2351. Findings and purpose A. The legislature finds that lead poisoning is a significant health hazard to the citizens of the state. Lead poisoning particularly is a hazard to children, who typically are exposed to lead through environmental sources such as lead-based paint in h…
La. Rev. Stat. § 30:2351.1 Definitions
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§2351.1. Definitions As used in this Chapter, unless the context indicates otherwise, the following terms have the following meanings: (1) "Abatement" means any set of measures as determined by the secretary designed to permanently eliminate lead hazards including: (a) The remova…
La. Rev. Stat. § 30:2351.10 Renewal of training provider accreditation
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§2351.10. Renewal of training provider accreditation A. Each certificate of accreditation issued to a training provider under this Part shall expire one year after the date of issue. Certificate holders may apply to the secretary for the renewal of a certificate. No renewal may b…
La. Rev. Stat. § 30:2351.11 Reciprocity agreements
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§2351.11. Reciprocity agreements The secretary shall develop reciprocity agreements with other states when those states have established licensing and certification requirements that are at least as stringent as those set forth in this Chapter. Acts 1993, No. 224, §1.
La. Rev. Stat. § 30:2351.12 Applicability to public entities, homeowners, and industrial facilities
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§2351.12. Applicability to public entities, homeowners, and industrial facilities A. The provisions of this Chapter shall apply to public entities when performing lead hazard reduction activities with employees. A public entity will not be required to be licensed as a lead contra…
La. Rev. Stat. § 30:2351.2 Requirement of licensure or certification
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§2351.2. Requirement of licensure or certification No person may perform any lead hazard reduction activities in the state, unless licensed pursuant to R.S. 30:2351.4 or certified pursuant to R.S. 30:2351.6. Acts 1993, No. 224, §1.
La. Rev. Stat. § 30:2351.21 Standards of conduct
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§2351.21. Standards of conduct The secretary shall promulgate rules that establish standards of acceptable professional conduct for licensees and certificate holders engaged in lead hazard reduction activities, as well as specific acts and omissions that constitute grounds for th…
La. Rev. Stat. § 30:2351.22 Conformance with building codes
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§2351.22. Conformance with building codes All modifications to facilities or structures and to their component systems that may occur in conjunction with an abatement activity shall be designed in accordance with applicable state and municipal building codes. Acts 1993, No. 224, …
La. Rev. Stat. § 30:2351.23 Permits and notifications
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§2351.23. Permits and notifications A. A lead contractor may commence an abatement activity only after obtaining a permit for the project from the secretary. B. Contractors with ongoing abatement activities involving continuous or intermittent actions at a single site may apply f…
La. Rev. Stat. § 30:2351.25 Enforcement
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§2351.25. Enforcement A. No person shall cause, suffer, permit, or allow a lead hazard reduction activity to be performed in violation of a provision of this Chapter or regulations promulgated under it. In addition, no person shall cause, suffer, permit, or allow the performance …
La. Rev. Stat. § 30:2351.26 Appeals and hearings
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§2351.26. Appeals and hearings A. Any person aggrieved by an order, decision, or other sanction imposed by the secretary may file an appeal with the secretary within five days after receipt of notice of the order, decision, or sanction. A hearing shall be held promptly on each ap…
La. Rev. Stat. § 30:2351.27 Use of accredited sampling laboratories
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§2351.27. Use of accredited sampling laboratories A. When analyzing lead in paint films, persons engaged in lead hazard reduction activities may use nondestructive testing procedures utilizing lead detection instruments approved by the appropriate federal agency or agencies. When…
La. Rev. Stat. § 30:2351.28 Data collection program
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§2351.28. Data collection program A. The secretary may establish a program for the collection and analysis of data on lead hazard detection and lead hazard reduction activities in the state, and on the certification, accreditation, and enforcement activities of the department. B.…
La. Rev. Stat. § 30:2351.29 Medical surveillance; preservation of records
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§2351.29. Medical surveillance; preservation of records A. The state health officer shall develop standards for a medical surveillance program for all individuals engaged in lead hazard reduction activities, which shall be consistent with those required under applicable federal l…
La. Rev. Stat. § 30:2351.3 Licensing and certification categories
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§2351.3. Licensing and certification categories A. The secretary shall develop criteria and procedures for licensing or certifying persons engaged in any lead hazard reduction activities covered by this Chapter. B. Categories of certification shall include: (1) Lead hazard reduct…
La. Rev. Stat. § 30:2351.4 Standards for licensure
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§2351.4. Standards for licensure A. Licenses shall be issued by the State Licensing Board for Contractors to applicants meeting standards established by the department and by the board. The criteria established for licensure shall include at a minimum the requirements established…
La. Rev. Stat. § 30:2351.41 Lead Hazard Reduction Dedicated Fund Account
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§2351.41. Lead Hazard Reduction Dedicated Fund Account A. There is hereby created within the state treasury a special statutorily dedicated fund account designated as the Lead Hazard Reduction Dedicated Fund Account, hereafter referred to in this Part as the "account". Funds rece…
La. Rev. Stat. § 30:2351.5 License renewal
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§2351.5. License renewal A. Each license issued pursuant to R.S. 30:2351.4 shall expire December thirty-first of the year in which it is issued in accordance with R.S. 37:2156. Licensees may apply to the State Licensing Board for Contractors for the renewal of a license. No renew…
La. Rev. Stat. § 30:2351.51 Public education
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§2351.51. Public education A. The secretary shall in connection with other state agencies conduct a program of public education on lead hazards. This program shall include but not be limited to the distribution of educational materials to the general public and to persons living …
La. Rev. Stat. § 30:2351.52 Reporting of lead exposure
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§2351.52. Reporting of lead exposure A. Any health care provider, as defined by the state health officer, shall report to the state health officer the identity of persons whose blood test results are positive for the presence of lead and who are engaged in lead hazard reduction a…
La. Rev. Stat. § 30:2351.53 Reporting of lead hazards at child-occupied facilities
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§2351.53. Reporting of lead hazards at child-occupied facilities A. The secretary shall notify the State Board of Elementary and Secondary Education and the Department of Children and Family Services that notification of lead hazards, lead abatement activities, or any lead testin…
La. Rev. Stat. § 30:2351.54 Reporting of hazardous conditions
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§2351.54. Reporting of hazardous conditions A. The secretary shall receive reports of hazardous conditions relating to lead from the public or employees. All such reports shall be recorded. The secretary shall investigate all reports that are reasonably based in fact. Reports sha…
La. Rev. Stat. § 30:2351.55 Discriminatory and retaliatory actions
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§2351.55. Discriminatory and retaliatory actions A. A person may not discriminate or take retaliatory action against a person who exercises in good faith a right established by this Chapter or a regulation promulgated under it. B. A person claiming to be aggrieved by a discrimina…
La. Rev. Stat. § 30:2351.56 Relationship to federal law
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§2351.56. Relationship to federal law A. Regulations promulgated pursuant to this Chapter shall be no less stringent than any minimum standards established under federal law or regulations. B. If a provision of this Chapter conflicts with a federal law pertaining to lead hazard r…
La. Rev. Stat. § 30:2351.57 Promulgation of regulations
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§2351.57. Promulgation of regulations The secretaries of the Departments of Environmental Quality, and Health and Hospitals shall promulgate all regulations necessary to implement their respective responsibilities under this Chapter. Acts 1993, No. 224, §1.
La. Rev. Stat. § 30:2351.58 Interim procedures
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§2351.58. Interim procedures In developing a program to implement this Chapter, the secretary may provide for interim licensing and certification procedures to ensure a transition period of not less than one hundred eighty days before the application of the requirements establish…
La. Rev. Stat. § 30:2351.59 Fees
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§2351.59. Fees A. In accordance with the provisions of Article VII, Section 2.1 of the Constitution of Louisiana and R.S. 30:2014, the department is authorized to adopt and promulgate rules to establish the fees for licensure, certification, and training organization accreditatio…
La. Rev. Stat. § 30:2351.6 Standards for certification
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§2351.6. Standards for certification A. Workers and lead project supervisors shall be certified. To qualify for certification, an applicant shall have completed a training course for the respective classification, conducted by an accredited training provider, that has been approv…
La. Rev. Stat. § 30:2351.60 Repealed by Acts 1997, No
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§2351.60. Repealed by Acts 1997, No. 1253, §2.
La. Rev. Stat. § 30:2351.7 Refresher training
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§2351.7. Refresher training A. In order to qualify for annual renewal of a license or certificate, an applicant shall successfully complete a refresher training course approved by the secretary for the particular category of license or certificate, and provided by an accredited t…
La. Rev. Stat. § 30:2351.8 Accreditation of training providers
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§2351.8. Accreditation of training providers A. The secretary shall establish standards for accreditation of training providers under this Chapter, including provisions for training program quality control. The secretary shall issue a certificate of accreditation to training prov…
La. Rev. Stat. § 30:2351.9 Approval of training courses
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§2351.9. Approval of training courses A. The secretary shall develop rules establishing criteria and procedures for the approval of training course curricula, and examinations that shall ensure the qualifications of applicants for licensure or certification as required in this Ch…
La. Rev. Stat. § 30:2361 Citation
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§2361. Citation This Chapter shall be known and may be cited as the "Hazardous Materials Information Development, Preparedness, and Response Act" and may be referred to as the "Right-to-Know" Law. Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1997, No. 1046, §1.
La. Rev. Stat. § 30:2362 Declaration of policy and purpose
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§2362. Declaration of policy and purpose A. The legislature hereby adopts as a policy that the citizens of this state have the right and responsibility to know about and protect themselves from the risks and effects of hazardous materials in their environment. Inherent in the pub…
La. Rev. Stat. § 30:2363 Definitions
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§2363. Definitions The following terms as used in this Chapter shall have the following meanings: (1) "Commission" means the Emergency Response Commission appointed by the governor to implement the mandates of the Superfund Amendments and Reauthorization Act passed by the United …
La. Rev. Stat. § 30:2364 Emergency Response Commission
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§2364. Emergency Response Commission The Hazardous Material Information Development, Preparedness, and Response Advisory Board is hereby abolished and in its place the Emergency Response Commission, which is appointed by the governor, is hereby established and will assume the adv…
La. Rev. Stat. § 30:2365 Responsibilities of the department
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§2365. Responsibilities of the department A. The deputy secretary shall: (1) Develop rules and regulations governing criteria for defining a substance as a hazardous material and for the development, implementation, compilation, supervision, and management of the information syst…
La. Rev. Stat. § 30:2366 Responsibilities of cooperating departments
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§2366. Responsibilities of cooperating departments A. The Department of Agriculture and the Department of Environmental Quality shall consult with the deputy secretary regarding implementation of this Chapter. They shall, whenever practical and feasible, coordinate reporting effo…
La. Rev. Stat. § 30:2367 Alternative compilation of data through certain agencies
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§2367. Alternative compilation of data through certain agencies A. Repealed by Acts 1992, No. 535, §1. B.(1) Those manufacturers, storers, and users of liquified petroleum gas who make reports, pay fees, and are permitted through the Liquified Petroleum Gas Commission of the Depa…
La. Rev. Stat. § 30:2368 Designated repositories
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§2368. Designated repositories A. The Emergency Response Commission shall designate the following as repositories for information gathered under this Chapter. The repositories shall be: (1) The local emergency planning committee, as designated by the commission. (2) The local fir…
La. Rev. Stat. § 30:2369 Responsibilities of owners and operators
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§2369. Responsibilities of owners and operators A. Owners or operators shall be responsible for filing inventory forms for all hazardous materials manufactured, used, or stored at their facilities and for immediately reporting releases of certain hazardous materials in certain re…
La. Rev. Stat. § 30:2370 Extraordinary circumstances; deputy secretary's discretion to permit alternative reporting procedures; residential and retail use; exemptions
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§2370. Extraordinary circumstances; deputy secretary's discretion to permit alternative reporting procedures; residential and retail use; exemptions A. The deputy secretary shall establish alternative reporting procedures for certain owners or operators. Such alternative reportin…
La. Rev. Stat. § 30:2371 Trade secret protection
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§2371. Trade secret protection With regard to trade secret protection and the information disclosure requirements of this Chapter, the state of Louisiana, through the Department of Public Safety and Corrections, hereby adopts as its own the trade secret provisions as found in Tit…