EPA-Approved Louisiana Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program, August 2011


EPA-Approved Louisiana
Statutory and Regulatory
Requirements Applicable to the
Hazardous Waste Management

Program

August 2011

-------
TABLE OF CONTENTS
EPA APPROVED LOUISIANA STATUTORY REQUIREMENTS
APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM

August 2011

Louisiana Statutes Annotated, Revised Statutes, 2000 Main Volume (effective August 15,1999), Volume 17B,
Subtitle II of Title 30, Louisiana Environmental Quality Act.

Louisiana Statutes Annotated, Revised Statutes, 2010 (effective August 15, 2009) Cumulative Annual Pocket
Part, Volume 17B, Subtitle II of Title 30, Louisiana Environmental Quality Act.

Section
(2000 Edition, unless
otherwise specified)

Description

Page

CHAPTER 1—GENERAL

2003

(2010 Supplement)

Purposes

See page 3 of the Louisiana Revised Statutes (LRS) Volume 17B, Subtitle II of Title 30,
2010 Supplement for the authorized provision.

2004 introductory

paragraph

(2010 Supplement)

Introductory paragraph for definitions

See page 3 of the Louisiana Revised Statutes (LRS) Volume 17B, Subtitle II of Title 30,
2010 Supplement for the authorized provision.

2004(2)-(4)
(2010 Supplement)

Definitions applicable to hazardous waste and State terms: "Department",
"Implementation plan", "Secretary"

See page 3 of the Louisiana Revised Statutes (LRS) Volume 17B, Subtitle II of Title 30,
2010 Supplement for the authorized provision.

2004(7)-(10)
(2010 Supplement)

Definitions applicable to hazardous waste and State terms: "Variance", "Person",
"Natural resources committees", "Discharge"

See pages 3- 4 of the Louisiana Revised Statutes (LRS) Volume 17B, Subtitle II of Title
30, 2010 Supplement for the authorized provision.

2004(13)

(2010 Supplement)

"Pollution source"

See page 4 of the Louisiana Revised Statutes (LRS) Volume 17B, Subtitle II of Title 30,
2010 Supplement for the authorized provision.

2004(14)(except
2004(14)(b) - (d)
(2010 Supplement)

"Facility" as it relates to generation, transportation, treatment, storage or disposal of
hazardous waste, and air contaminants

See page 4 of the Louisiana Revised Statutes (LRS) Volume 17B, Subtitle II of Title 30,
2010 Supplement for the authorized provision.

2004(15)

(2010 Supplement)

"Pollutant"

See page 4 of the Louisiana Revised Statutes (LRS) Volume 17B, Subtitle II of Title 30,
2010 Supplement for the authorized provision.

2004(18)

(2010 Supplement)

"Assistant Secretary"

See page 5 of the Louisiana Revised Statutes (LRS) Volume 17B, Subtitle II of Title 30,
2010 Supplement for the authorized provision.

CHAPTER 2-DEPARTMENT OF ENVIRONMENTAL QUALITY

2022. A(l), first
sentence

(2010 Supplement)

Permit applications; permittee requirement

See page 28 of the Louisiana Revised Statutes (LRS) Volume 17B, Subtitle II of Title 30,
2010 Supplement for the authorized provision.

2022.1(A)

Permits; application

76

CHAPTER 8-LOUISIANA SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY LAW

2153(1)

Definition of solid waste

289

Page 1 of 2

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TABLE OF CONTENTS
EPA APPROVED LOUISIANA STATUTORY REQUIREMENTS
APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM

August 2011 (cont'd)

Section
(2000 Edition, unless
otherwise specified)

Description

Page

CHAPTER 9-HAZARDOUS WASTE CONTROL LAW

2173 (except 2173 (9))

Definitions: "disposal", "hazardous waste", "manifest", "storage",
"treatment", "transportation", "processing, treatment or disposal facility",
"waste", "pollution source", "reusable material", "transfer facility"

308-309

2183 A, B, D, E and I
(2010 Supplement)

Notification requirements; permits and licenses (permittee requirements); Notification
requirements for leaks, spills and discharges

See pages 104-106 of the Louisiana Revised Statutes (LRS) Volume 17B, Subtitle II of
Title 30, 2010 Supplement for the authorized provision.

2183.LA

Commercial HW recycling and incineration facilities; permittee
requirements

328

2184A

Commercial HW recycling and resource recovery facilities; permittee
requirements

330

2188.B

Disposal of waste by generators

336

2189.C

Use of equipment, including containers and holding tanks used to
transport hazardous waste is prohibited from being used to transport or
store items intended for human or animal consumption unless equipment
is properly decontaminated

338

2202

Prohibitions Treatment, storage or disposal of hazardous waste in salt
domes or sulphur mines prohibited.

379

2203 .A

Remediation; notification requirements

380

2204.A(l) and C

Hazardous waste sites; clean up; notification requirements; definition of
"hazardous waste site"

381 - 382

CHAPTER 13 LOUISIANA WASTE REDUCTION LAW

2295 .A and B

Waste reduction history; planning report.

454

CHAPTER 18 SOLID WASTE RECYCLING AND REDUCTION LAW

2417.E(5)
(2010 Supplement)

Prohibition of used oil for road oiling, dust control, weed abatement or other similar
uses that have the potential to release used oil into the environment.

See page 170 of the Louisiana Revised Statutes (LRS) Volume 17B, Subtitle II of Title
30, 2010 Supplement for the authorized provision.

Copies of the Louisiana statutes that are incorporated by reference are available from West Publishing Company, 610 Opperman
Drive, P. O. Box 64526, St. Paul, Minnesota 55164-0526; Phone: 1- 800-328-4880; Website: http://west.thomson.com.

Page 2 of 2

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WEST'S
LOUISIANA STATUTES
ANNOTATED



REVISED STATUTES

Sections 30:2001 to 30:2500

This Edition Designated as the
Official Edition of the Louisiana Revised Statutes

Volume 17B

^fnfij^WEST

^Jr GROUP

-------
COPYRIGHT © 2000
By

WEST GROUP
All Rights Reserved

WEST'S and WESTLAW are registered trademarks used herein under license.
Registered in U.S. Patent and Trademark Office.

LOUISIANA STATUTES ANNOTATED is a
trademark used herein under license.



PRINTED ON 10% POST CONSUMER RECYCLED PAPER

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PREFACE

WEST'S LOUISIANA STATUTES ANNOTATED is a completely modern
edition of all the currently effective, permanent and general law of Louisiana.
It serves' as a practical working tool for the Bench and Bar by providing all
the annotative materials essential for research. An efficient system of supple-
mentary and replacement services keeps the edition constantly to date and in-
sures the owner against obsolescence.

WEST'S LOUISIANA STATUTES ANNOTATED consists of seven units,
namely:

WEST'S LOUISIANA CONSTITUTION ANNOTATED

WEST'S LOUISIANA REVISED STATUTES ANNOTATED

WEST'S LOUISIANA CIVIL CODE ANNOTATED

WEST'S LOUISIANA CODE OF CIVIL PROCEDURE ANNOTATED

WEST'S LOUISIANA CODE OF CRIMINAL PROCEDURE ANNOTATED

WEST'S LOUISIANA CODE OF EVIDENCE ANNOTATED

WEST'S LOUISIANA CHILDREN'S CODE ANNOTATED

This edition of West's Louisiana Revised Statutes Annotated has been desig-
nated by the Louisiana Secretary of State as the Official Edition of the Louisi-
ana Revised Statutes.

The Louisiana Revised Statutes of 1950 include Titles 1 through 56. This
volume contains Sections 30:2001 to 30:2500 of Title 30, Minerals, Oil, and
Gas and Environmental Quality.

The text of the law in this volume is complete as amended through the 1999

Regular Session of the Louisiana Legislature.

The annotations close with cases reported in:

Southern Reporter, Second Series 	 747 So.2d 886

Supreme Court Reporter 			 120 S.Ct. 1004

United States Reports	-— 521 U.S. (part)

Lawyers' Edition, Second Series 	146 L.Ed.2d (part)

Federal Reporter, Third Series 	200 F.3d 821

Federal Supplement, Second Series	78 F.Supp.2d 1381

Federal Rules Decisions 	 198 F.R.D. 221

Bankruptcy Reporter 	243 B.R. 850

Federal Claims Reporter 	45 Fed.CI. 555

Opinions of the Attorney General 	Op.Atty.Gen. 98-378

Other Standard Reports

III

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EFFECTIVE DATES

The following table shows the date of adjournment and the general effective
date of measures enacted by the Legislature from 1951 to date.

Year

Session

Adjournment Date

Effective Date

1951

Extra

June 29, 1951

July 19, 1951

1952

^Regular

July 10, 1952

July 30, 1952

1953

Extra

July 17, 1953

Emergency acts only

1954

Regular

July 10, 1954

July 30, 1954

1955

Extra

Jan. 14, 1955

Emergency acts only

1955

Regular

June 7, 1955

June 27, 1955

1956

Regular

July 12, 1956

Aug. 1, 1956

1956

Extra

Sept. 10, 1956

Sept. 30, 1956

1957

Regular

June 11, 1957

July 1, 1957

1958

Regular

July 10, 1958

July 30, 1958

1958

Extra

Nov. 22, 1958

Dec. 12, 1958

1959

Regular

June 9, 1959

June 29, 1959

1960

Regular

July 7, 1960

July 27, 1960

1960

First Extra

Nov. 15, 1960

Dec. 5, 1960

1960

Second Extra

Dec. 15, 1960

Jan. 4, 1961

1960

Third Extra

Jan. 15, 1961

Feb. 4, 1961

1961

First Extra

Feb. 13, 1961

No laws enacted

1961

Second Extra

Feb. 26, 1961

March 18, 1961

1961

Regular

July 12, 1962

Aug.1, 1962

1963

Regular

June 11, 1963

July 1, 1963

1963

Extra

June 27, 1963

Emergency acts only

1964

Regular

July 9, 1964

July 29, 1964

1964

Extra

Dec. 5, 1964

Dec. 25, 1964

1965

Regular

June 8, 1965

June 28, 1965

1966

Regular

July 7, 1966

July 27, 1966

1966

Extra

Dec. 12, 1966

Jan. 1, 1967

1967

Regular

June 6, 1967

June 26, 1967

1967

Extra

July 29, 1967

Emergency acts only

1968

Regular

July 11, 1968

July 31, 1968

1968

Extra

Dec. 17, 1968

Jan. 6, 1969

1969

Regular

June 10, 1969

June 30, 1969

1970

Extra

Feb. 22, 1970

March 14, 1970

1970

Regular

July 9, 1970

July 29, 1970

1971

Regular

June 8, 1971

June 28, 1971

1972

Regular

July 6, 1972

July 26, 1972

1972

Extra

Aug. 31, 1972

Sept. 20, 1972

1973

Regular

June 12, 1973

July 2, 1973

1973

Extra

Dec. 4, 1973

Dec. 24, 1973

1974

Regular

July 11, 1974

July 31, 1974

1974

Extra

Nov. 5, 1974

Nov. 25, 1974

1975

Extra

Jan. 27, 1975

March 28, 1975

1975

Regular

July 14, 1975

Sept. 12, 1975

1976

Regular

Aug. 2, 1976

Oct. 1, 1976

1976

First Extra

Aug. 19, 1976

Oct. 18, 1976

1976

Second Extra

Oct. 13, 1976
XV

Dec. 12, 1976

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EFFECTIVE DATES

Year

Session

Adjournment Date

Effective Date

1977

Regular

July 11, 1977

Sept. 9, 1977

1977

Extra

Aug. 17, 1977

Oct. 16, 1977

1978

Regular

July 10, 1978

Sept. 8, 1978

1979

Regular

July 9, 1979

Sept. 7, 1979

1980

First Extra

March 18, 1980

No laws enacted

1980

Regular

July 14, 1980

Sept. 12, 1980

1980

Second Extra

Sept. 10, 1980

Nov. 9, 1980

1981

Regular

July 13, 1981

Sept. 11, 1981

1981

Extra

Nov. 13, 1981

Jan. 12, 1982

1982

Regular

July 12, 1982

Sept. 10, 1982

1983

First Extra

Jan. 17, 1983

March 18, 1983

1983

Regular

July 1, 1983

Aug. 30, 1983

1983

Second Extra

Dec. 14, 1983

Feb. 12, 1984

1984

Extra

March 15, 1984

May 24, 1984

1984

Regular

July 5, 1984

Sept. 3, 1984

1985

Regular

July 8, 1985

Sept. 6, 1985

1986

Regular

July 1, 1986

Aug. 30, 1986

1986

Extra

Dec. 19, 1986

Feb. 17, 1987

1987

Regular

July 3, 1987

Sept. 1, 1987

1987

Extra

July 10, 1987

Sept. 8, 1987

1988

First Extra

March 26, 1988

May 25, 1988

1988

Regular

July 11, 1988

Sept. 9, 1988

1988

Second Extra

Oct. 25, 1988

Dec. 24, 1988

1989

First Extra

March 7, 1989

May 6, 1989

1989

Regular

July 5, 1989

Sept. 3, 1989

1989

Second Extra

July 10, 1989

Sept. 8, 1989

1990

Regular

July 9, 1990

Sept. 7, 1990

1991

First Extra

April 8, 1991

June 7, 1991

1991

Second Extra

April 14, 1991

June 13, 1991

1991

Regular

July 8, 1991

Sept. 6, 1991

1991

Third Extra

Aug. 4, 1991

Oct. 3, 1991

1992

Regular

June 22, 1992

Aug. 21, 1992

1993

First Extra

March 26, 1993

May 25, 1993

1993

Regular

June 10, 1993

Aug. 15, 1993

1994

First Extra

Feb. 25, 1994

April 26, 1994

1994

Second Extra

April 22, 1994

June 21, 1994

1994

Regular

May 25, 1994

Aug. 15, 1994

1994

Third Extra

June 28, 1994

Aug. 27, 1994

1994

Fourth Extra

Aug. 23, 1994

Oct. 22, 1994

1995

Regular

June 19, 1995

Aug. 15, 1995

1996

First Extra

April 19, 1996

June 18, 1996

1996

Regular

June 12, 1996

Aug. 15, 1996

1997

Regular

June 23, 1997

Aug. 15, 1997

1998

First Extra

April 17, 1998

June 16, 1998

1998

Regular

June 10, 1998

Aug. 15, 1998

1999

Regular

June 21, 1999

Aug. 15, 1999

XVI

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LOUISIANA STATE LAW INSTITUTE

PAUL M. HEBERT LAW CENTER, ROOM 382
UNIVERSITY STATION
BATON ROUGE, LA. 70803-1016

May 4, 2000

STATE OF LOUISIANA
I'ARISH OF EAST BATON ROUGE

TO: HON. FOX McKEITHEN
Secretary of State
State of Louisiana

Pursuant to the provisions of R.S. 24:251 through 24:254, the Louisiana State Law Insti-
tute hereby certifies:

That the current edition of the West's Louisiana Statutes Annotated, Revised Statutes,
Volume 17B, containing Sections 30:2001 to 30:2500 of Title 30 has been prepared in strict
conformity with the continuous revision provisions of Chapter 5 of Title 24 of the Louisiana
Revised Statutes of 1950; and

That every section contained in this volume has been taken from and compared with the
original acts of the Legislature, as shown by the enrolled bills in the office of the Secretary
of State; and

That, with the exception of the changes in form permitted by Chapter 5 of Title 24 of the
Louisiana Revised Statutes of 1950 and other statutory provisions, these sections as they ap-
pear in this volume are printed correctly.

LOUISIANA STATE LAW INSTITUTE
BY:

Max Nathan, Jr., President

xrx

-------
Jox Md&tithen

SECRETARY OF STATE

¦	<'*^fca£e, o^':tAe	^ouit>tana/ do Ar.re/ty. 1tAat

Under the authority granted by R.S.
24:256, I do hereby designate this edition of
West's Louisiana Statutes Annotated, Revised
Statutes, Volume 17B, containing Sections
30:2001 to 30:2500 of Title 30, as the Official
Edition.

On the certificate of correctness of the Lou-
isiana State Law Institute, a facsimile of which
appears in this volume and, as authorized by
R.S. 24:256, I do hereby declare that this edi-
tion shall be prima facie evidence of the laws
contained therein.

teittmon^ tvActofi iXAace Ae^ewito iet
Aane/ and caujee/ tAe J&at

to 6e	at tAe	c>/'S&atern	le 0n,

this, the 5th day of May, 2000.

ty

XX

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R.S. 30:2022

ENVIRONMENTAL QUALITY

Ch. 2

Cross References

Underground storage tanks, registration requirement not subject to provisioj;
R.S. 30:2194r

us section, sec

Health and Envi
25

ry References

I"©3 25.5(9), 25.6(8), C.J.S. Health and Environment §§ 61, 65, 66.

103, 107, 129, 133 to 145.

§ 2022.1. Permits; application; listing

A. An applicant for a permit shall file an application in the manner and at
the place specified by rule.

all permit applications which have been filed and on which no^p^rrrriTaction
has become final. The list shall identify thejagplieaiTtr'ffie location of the
activity described in the application^HeHteTtype of permit that the applicant
seeks. However, the__faikire^5y the secretary to prepare or maintain the
required_Jist-«rfnpermit applications shall not affect the validity of the actions

Added by Acts J 995, No. 815, § 1.

Library References

Health and Environment
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SOLID WASTE MGMT.
Ch. 8

& RESOURCE RECOVERY

R.S. 30:2153

247 of the 1987 Regular Session and pursuant
to the statutory revision authority of the Louisi-
ana State Law Institute, this section, formerly
R.S. 30:1122 of Part VI of Chapter 11 of Title 30
of the Revised Statutes of 1950, was redesignat-
ed as R.S. 30:2152 of Chapter 8 of Subtitle II of_
Title 30 in 1988.

Chapter 11 following their reorganizatieiTand
redesignation in Subtitle Hpurstiant to House
Concurrent Resolutic«H^Jor247 of the 1987 Reg-
ular Sessjo»r"See notes and Table 2 preceding
£2001.

Law Review and Journal Commentaries

Local-gcsfernment law. Kenneth M. Murchi-

§ 2153. Definitions

(l)(a) "Solid waste" means any garbage, refuse, sludge from a waste treat-
ment plant, water supply treatment plant, or air pollution control facility, and
other discarded material, including solid, liquid, semi-solid, or contained gas-
eous material resulting from industrial, commercial, mining, and agricultural
operations, and from community activities, but does not include or mean solid
or dissolved material in domestic sewage or solid or dissolved materials in
irrigation return flows or industrial discharges which are point sources subject
to permits under R.S. 30:2074, or source, special nuclear, or byproduct materi-
al as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. Section
2011 et seq.), or hazardous waste subject to permits under R.S. 30:2171 et seq.

(b) The definition of solid waste shall not include any of the following:

(i) Uncontaminated scrap metal materials which are purchased for resale to
be recycled or reused and are not destined for disposal.

(ii) Wastewaters in tanks, sumps, and existing ditches as defined by rule,
upstream or downstream of designated internal or final state or federal waste-
water discharge points which require no further treatment to meet applicable
state or federal permit limits.

(iii) Wastewaters in tanks, sumps, and existing ditches as defined by rule,
which only require pH adjustment to meet applicable pH permit limits or solids
settling to meet total suspended solids permit limits.

(iv) Automotive fluff which results from the shredding of automobiles by a
scrap metal recycling facility authorized under the laws of the state of Louisi-
ana and from which metals have been recovered to the maximum extent
practicable by the scrap metal recycling facility.

—(-2)—Resource management" means the preeess by which solid wastg^j»
collected, transported, stored, separated, processed, or disgosfidr-ef-iTTany other
way, according to an orderly, purposeful, andj2lanned~program.

(3) "Resource recoverj!^~^neanS"me process by which materials, excluding
those under-^orrtroTof the Nuclear Regulatory Commission, which still have

289

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R.S. 30:2172

Note 2

ENVIRONMENTAL QUALITY

Ch. 9

nance was not covered by term "debris of any
kind," in view of R.S. 33:1236.6, giving five
other parishes concurrent authority to regulate
disposal of industrial waste, and in view of R.S.
30:1, 30:4, and 30:1101 et seq. (see now,
30:2171 et seq.) establishing comprehensive
state hazardous waste control program. Rollins
Environmental Services of Louisiana, Inc. v.
Iberville Parish Police Juiy, App. 1 Cir.1978,
365 So.2d 497, writ granted 365 So.2d 13JM
affirmed 371 So.2d 1127.

Federal and state governmentshavSpreempt-
ed field of hazardous waste regulation to exclu-
sion of any ordinance enacted by a police jury
to prohibit a persQR^firm, corporation or other
commercialestaBlishment from causing, suffer-
ing, allpWing, or permitting any hazardous
wcjstCor any other land contaminants to be

parish or any land within the confines of-tfie
parish. Rollins Environmental ServjceSof Lou-
isiana, Inc. v. Iberville Parishgeftce Jury, App.
1 Cir.1978, 365 So.2d 49?fwrit granted 365
So.2d 1374, affirmejJ^STj So .2d 1127.

3. Fed^wrflegislation

JSdngressional purpose in establishing federal
minimum standards governing generation,
transportation and disposal of hazardous waste
through enactment of the Clean' Air Act (42
U.S.C.A. § 7401 et seq.) and the Water Pollution
Control Act Amendments of 1972 (33 U.S.C.A.
§ 1251 et seq.) was to provide uniformity
among the states in the field of hazardous waste
disposal regulation. Rollins Environmental
Services of Louisiana, Inc. v. Iberville Parish

§ 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) "Disposal" means the discharge, deposit, injection, dumping, spilling,
leaking, or placing of any hazardous waste into or on any land or water so that
such waste, or any constituent thereof, may enter the environment or be
emitted into the air or discharged into any waters, including ground waters.

(2) "Hazardous waste" means any waste, or combination of wastes, which
because of its quantity, concentration, physical, or chemical characteristics may
cause or significantly contribute to an increase in mortality or an increase in
serious irreversible or incapacitating reversible illness, or pose a substantial
present or potential hazard to human health or the environment when improp-
erly treated, stored, transported, disposed of, or otherwise managed. Such
definition shall be applied only to those wastes identified and designated as
such by the department, consistent with applicable federal laws and regula-
tions.

(3) "Manifest" means the system and forms used for identifying the quantity,
composition, origin, routing, and destination of hazardous wastes during its
transportation from the point of generation to any point of disposal, treatment,
or storage.

(4) "Storage" means the containment of hazardous waste on a temporary
basis, for such time as may be permitted by regulations, in such a manner as
not to constitute disposal of such hazardous waste.

(5) "Treatment" means any method, technique, or process, including neutral-
ization, designed to change the physical, chemical, or biological character or
composition of any hazardous waste so as to neutralize such waste or render it
nonhazardous, safer for transport, amenable for recovery or storage, or re-
duced in volume. The term includes any activity or processing designed to
change the physical form or chemical composition of hazardous waste to
render it nonhazardous.

308

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HAZARDOUS WASTE CONTROL LAW R.S. 30:2173

Ch. 9

(6) "Transportation" means the movement of hazardous wastes from the
point of generation or storage to the point of treatment, storage, or disposal by
any means of commercial or private transport. The term does not apply to the
movement of hazardous wastes on the premises of a hazardous waste generator
or on the premises of a permitted hazardous waste treatment, storage, or
disposal facility.

(7) "Processing, treatment, or disposal facility" means any facility or location
where any treatment, incineration, processing, or deposition of hazardous
waste occurs or is contained.

(8) "Waste" means any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant, or air pollution control facility, and other
discarded material, including solid, liquid, semisolid, or contained gaseous
material resulting from industrial, commercial, mining, or agricultural opera-
tions, and from community activities, but does not include solid or dissolved
material in domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges which are point sources subject to permits under
R.S. 30:2074, or source, special nuclear, or byproduct material as defined by
R.S. 30:2103.

(10) "Pollution source" means the site or location of a discharge; or potential
discharge, including such surrounding property necessary to secure: or quaran-
tine the area from access by the general public.

(11) "Reusable material" means any waste material which is destined for
reuse or reprocessing, but which because of quantity, concentration, or physical
or chemical characteristics may:

(a) Cause or significantly contribute to an increase in mortality or an in-
crease in serious irreversible or incapacitating reversible illness, or

(b) Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed of, or
otherwise managed and which have been designated by the department as
requiring special handling and tracking due to their hazardous characteristics
and the danger caused by improper handling.

(12) "Transfer facility" means any transportation-related facility designed
and constructed to be used exclusively for the handling of regulated hazardous
wastes including loading docks, parking areas, storage areas, and other similar
areas where shipments of hazardous waste are held during the normal course
of transportation.

Acts 1979, No. 449, § 1, eff. Jan. 1, 1980. Amended by Acts 1980, No. 194, § 12; Acts
1982, No. 800, § 1, eff. Aug. 4, 1982; Acts 1984, No. 826, § 1, eff. July 13, 1984; Acts
1985, No. 669, § 1; Acts 1990, No. 1012, § 1.

Historical and Statutory Notes

Chapter 11 of Title 30 was originally enacted consist of Part I, comprised of R.S. 30:1101 to
by Acts 1978, No. 334, § 1, eff. July 10, 1978, to

309

-------
R.S. 30:2183

Note 1

ENVIRONMENTAL QUALITY

Ch. 9

1998, 96-2302 (La. 3/13/98), 708 So.2d 401,
rehearing denied, certiorari denied 119 S.Ct.
179, 142 L.Ed.2d 146.

Provision of Hazardous Waste Control Law
authorizing Department of Environmental Qual-
ity (DEQ) to identify and designate substances
constituting hazardous waste subject to criminal
penalty provisions was not an unconstitutional
delegation to the Executive Branch of legislative
authority to define a felony; law contained ade-
quate expression of legislative policy, law pre-
scribed sufficient standards to guide DEQ's ex-
ercise of discretion in carrying out each phase
of development, implementation and enforce-
ment of state's comprehensive hazardous waste
control program, and law was accompanied by
adequate procedural safeguards to protect
against abuse of discretion by DEQ. LSA-Const.
Art. State v. All Pro Paint & Body Shop, Inc.,
Sup. 1994, 93-1316 (La. 7/5/94), 639 So.2d 707.

2. Duties of site owners

Owner of hazardous waste site is required by
Environmental Affairs Act, LSA-R.S. 30:105J/et
seq. (see, now, R.S. 30:2001 et seq.) to Kring
facility into compliance with current law and
regulations and to obtain permit for disposal of
hazardous waste, or to close the site. Op.Atty.
Gen., No. 81-842, Aug. 21, 1981^^

There is an affirmative obligation on the part
of the operator, or other responsible party, to
effect remedial action when migration is discov-
ered and that this action^e accomplished under
the supervision and ajSproval of the state, how-
ever, emergency remedial action, without prior
approval of the sfrfte, is authorized, provided the
state is subseqiiently notified under the report-
ing requirements of the Environmental Affairs
Act. OpJrfty^Gen.No. 83-593, Jan. 30, 1983.

3. Sufficiency of evidence

Ewdence was sufficient for jury in prosecu-
tion of auto body shop and its owner for illegal
*ransportatiea—aad—disposal—ef—hazardous

containers of spent paint thinner to dispose of^
dealer testified he stored containers in two/ln-
inhabited houses, environmental laboratory em-
ployee testified material was hazardous, and
custodian of records of Department or Environ-
mental Quality, testified there was no permit on
file to permit defendants to dispose of or trans-
port hazardous waste. State/v. All Pro Paint
and Body Shop, App. 1 Cif\1993, 618 So.2d
962, reversed on other grounds 93-1316 (La.
7/5/94), 639 So.2d 707/

4. Retroactive application

The leaking oMnigration of wastes after Janu-
ary of 1980 from disposal activities occurring
prior to Janiiary of 1980 constitutes a violation
of.Sections 1137 and 1147 of the Louisiana
Environmental Affairs Act. Op.Atty.Gen.No.
83-5^3, Jan. 30, 1983.

S: Regulations

Where dangerous or deleterious devices,
products or obnoxious waste materials are in-
volved, probability of regulation is so great that
anyone who is aware that he is in possession of
them or dealing with them must be presumed to
be aware of the regulations. State v. Byrd,
Sup. 1998, 96-2302 (La. 3/13/98), 708 So.2d 401,
rehearing denied, certiorari denied 119 S.Ct.
179, 142 L.Ed.2d 146.

6. Indictment and information

Defendants were given notice of what state
sought to prove at trial when charged under
"catch-all" section of Hazardous Waste Control
Law where original indictment charged defen-
dants with storage of hazardous waste without
permit or interim status and cited regulations
allegedly violated, and identified containers at
facility illegally holding hazardous waste in sup-
plemental response to bill of particulars. State
v. Byrd, Sup. 1998, 96-2302 (La. 3/13/98), 708
So.2d 401, rehearing denied, certiorari denied
119 S.Ct. 179, 142 L.Ed.2d 116. :

§ 2183.1. Commercial hazardous waste recycling and incineration facili-
ties; 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
recycling or resource recovery facility which recycles hazardous waste to
produce aggregates and that accepts hazardous wastes or hazardous waste
products for a fee, shall be strictly subject to the Louisiana Hazardous Waste
Control Law and any rule or regulation adopted thereunder and any permit,
license, or schedule of compliance required thereunder.

—ft—The secretary shall establish, by rule, within one hundrcd-and-eightv-days

from September 9, 1988, requiremente-a^d-opefraltng^fanHardsfor all commer-

328

-------
R.S. 30:2183.2

ENVIRONMENTAL QUALITY

Ch. 9

-Btstorieal and Statutory Notes

Pursuant to the statutory revision authority of
the Louisiana State Law Institute, in this section

as added in 1997, ''JulylQjJSS^-^/assahstitut-
ed for "the effectiveniateof this Section".

fcfBrary References

HeaJthjiiidJsrrvtronment ®=» 25.5(5.5).
SsSfcAW-^bptc-Ntx-W:

C.J.S. Health and Environment §§91,
i&6, 109, 129 to 131.

92,

§ 2184. Commercial hazardous waste recycling and resource recovery facili-
ties; 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 or resource recovery facility, which
accept hazardous waste or hazardous waste products for a fee and which as a
part of their process subjects hazardous wastes or hazardous waste products to
combustion to accomplish recovery or recycling of materials or energy, shall be
strictly subject to the provisions of the Louisiana Hazardous Waste Control Law
and any rule or regulation adopted thereunder or any permit, license, order, or
schedule of compliance required thereunder. The purpose of this Section is to
extend the Louisiana Hazardous Waste Control Law to provide specifically for
the inclusion of all commercial recycling and resource recovery facilities,
including any facility heretofore determined to be a recycling or resource
recovery facility, which accept hazardous waste or hazardous waste products
for a fee and which as a part of their process subjects hazardous wastes or
hazardous waste products to combustion to accomplish recovery or recycling of
materials or energy.

- B.—The se&petary shall, within one hundred and eighty days of-July 19, 1988^
amend the rules and regulations promulgated under the Louisiana Hazardous
Waste Control Law or any permit, license, order, or schedule of compliance, as
necessary, to establish standards for commercial recycling and resotfrce recov-
ery facilities, including any facility heretofore determined to be a recycler or
resource recovery facility, which accept hazardous waste,er hazardous waste
products for a fee and which as a part of their process subjects hazardous
wastes or hazardous waste products to combustiop^fo accomplish recovery or
recycling of materials or energy. These standards can be no less restrictive
than general facility standards for hazardous waste treatment, storage, and
disposal facilities, including requiremprtfs concerning emergency procedures,
waste analysis, manifest of hazarderCis wastes, inspection procedures, closure,
and financial assurance and shall apply irrespective to the purpose of burning,
whether for energy recovery materials recovery, destruction, or some other
purpose. Additionally^ny rules or regulations promulgated pursuant to this
Section shall, at a minimum:

(1) Require/the development of a detailed trial burn plan by such facilities.
The secretary shall designate those Principal Organic Hazardous Constituents
(POHGsj in waste or waste products that are to be accepted by the facilities, are
isxdered the most difficult to destroy, and are present in significant concen-

330

-------
R.S. 30:2188 ENVIRONMENTAL QUALITY

Ch. 9

—(<1) Furnishing of information en the general eheroio-nl composition of such^r

hazardous waste to persons transporting, treating, storing, or disposingjjt-silch

waste.

(5) Use of a manifest system to assure that all such hazardous waste gcnerat
ed is designated for treatment, storage, or dispysttf"m treatment, storage, or
disposal facilities, other than facilities ou-*he premises where the waste is
generated, for which a permit has bgefrlSsued by the secretary.

(6) Identification of all ^generators of hazardous wastes located within the
state and all generators' of hazardous wastes located outside of the state which
ship such hazardous wastes into the state for treatment, storage, or disposal.

(7>-&lich other standards and criteria as are necessary to administer this
'¦¦^teptef^^e'eomply-wjA-fedefat-laws-aad-fegatettoas; ¦—

B, Generators of hazardous waste shall dispose of such wastes in accor-
dance with one of the following methods, which shall be more fully set. forth in
regulations:

(1) A generator may reprocess and reuse such wastes or may contract with
other persons to reprocess and reuse such wastes in a manner consistent with
this Chapter or rules or regulations promulgated hereunder.

(2) A generator may dispose of such wastes at its own private site provided
such site is operated under a valid permit issued by the secretary and in
compliance with performance standards promulgated by the secretary.

(3) A generator may dispose of such wastes at a privately operated disposal
site provided such site is operated under a valid permit issued by the secretary
or, if out of state, approved by such state's designated authority.

(4) A generator may contract with a private transporter to transport such
wastes provided that the transporter is operating under a valid license issued by
the secretary.

(5) A generator may dispose of such wastes at a public site operated under a
valid permit from the secretary, or if out of state, approved by such state's
designated authority.

—€-—The secretary shall-promulgate regulations-reqtiiritig-4:eg46teaHk»fi-oljjiiiv -

era tors of hazardous waste. Such registration sh^lIj;__as--A--HTat1^r*^)r law, be
conditioned upon the right of the^-s^errtaTy or his representative to make
inspections foxJth^-^TrptJsTlSrenforcing any regulations applicable to hazard-
e«G~W5stegat>erat<>rB l ¦

Acts 1979, No. 449, § 1, eff. Jan. 1, 1980. Amended by Aets 1983, No. 97, § S, ell. Feb.
1, 1984; Acts 1984, No. 824, § 1, eff. July 13, 1984; Acts 1993, No. 270, § 1.

Historical and Statutory Notes

Chapter S1 of Title 30 was originally enacted 30; 1051 to 30:1147. See notes and Table 1

by Acis 1978, No. 334, § 1, eff, July 10, 1978, to preceding R.S. 30:2001. Chapter U, expanded

consist of Pail I, comprised of R.S. 30:1101 to lo consist of R.S. 30:1051 to 30:1150.96, was

30:1116. Chapter II of Title 30 was revised by later redesignated as Subtitle II of Title "50,

Acts 1979, No. 449, § I, eff. Jan. 1, 1980, to consisting of R.S. 30.2001 to 30:2396 (see notes,

consist of Parts I to VII, comprised of R.S. post).

336

-------
R.S. 30:2189

ENVIRONMENTAL QUALITY

Ch. 9

intrastate transporters. _ —

(6) Such other reguteiens-gTare^leemed necessary to effectively administer
riris~eftapter~aHd to compiy-with federal lawi ;

C. The use of any equipment, including, without limitation, containers and
holding tanks, used to transport or store hazardous waste is expressly prohibit-
ed from being used to transport or store any item, product, or commodity
intended for human or animal consumption unless the equipment has been
prop.erly decontaminated.

Acts 1979, No. 449, § 1, eff. Jan. 1, 1980. Amended by Acts 1983, No. 97, § 1, eff. Feb.
1, 1984; Acts 1984, No. 419, § 1; Acts 1986, No. 891, § 1.

Historical and Statutory Notes

Chapter 11 of Title 30 was originally enacted
by Acts 1978, No. 334, § 1, eff. July 10, 1978, to
consist of Part I, comprised of R.S. 30:1101 to
30:1116. Chapter 11 of Title 30 was revised by
Acts 1979, No. 449, § 1, e£f. Jan. 1, 1980, to
consist of Parts I to VII, comprised of R.S.
30:1051 to 30:1147. See notes and Table 1
preceding R.S. 30:2001. Chapter 11, expanded
to consist of R.S. 30:1051 to 30:1150.96, was
later redesignated as Subtitle II of Title 30,
consisting of R.S. 30:2001 to 30:2396 (see notes,
post).

The amendments prior to House Resolution
No. 247 of the 1987 Regular Session are to R.S.
30:1140, the predecessor of this section.

Acts 1983, No. 97, § 1, in subsec. A, substitut-
ed "Environmental Quality" for "Natural Re-
sources".

Senate Concurrent Resolution No. 3 of the
1983 Second Extraordinary Session suspended
Acts 1983, No. 97 until the sixtieth day after
adjournment of the 1984 Regular Session of the
Legislature. However, the Governor, by Execu-
tive Order No. 83-30, challenged the validity of
SCR No. 3 and directed implementation of Acts

1983, No. 97. The full texts of SCR No. 3 and
Executive Order No. 83-30 are set forth under
R.S. 30:2001.

Senate Concurrent Resolution No. 3 of the
1983 Second Extraordinary Session was re-
pealed by Acts 1984, No. 342, § 2, eff. July 2,

1984. See note following R.S. 30:2001.

The 1984 amendment, in the first sentence of
par. (B)(4), inserted "by the Federal Environ-
mental Protection Agency", and deleted from

the end of the first sentence "and, by a surety
bond in favor of the state,, certificate of public
liability insurance or other financial assurance,
or any combination thereof which will assure
that a financial responsibility in the event of
damages as a result of accident or negligence".

In par. (B)(4), as amended in 1984, a comma
was inserted following "public liability insur-
ance" pursuant to the statutory revision author-
ity of the Louisiana State Law Institute.

The 1986 amendment added subsec. C, relat-
ing to proper decontamination of containers.

Pursuant to House Concurrent Resolution No.
247 of the 1987 Regular Session and pursuant
to the statutory revision authority of the Louisi-
ana State Law Institute, this section, formerly
R.S. 30:1140 of Part VII of Chapter 11 of Tide
30 of the Revised Statutes of 1950, was redesig-
nated as R.S. 30:2189 of Chapter 9 of Subtitle II
of Title 30 in 1988.

For disposition of the sections of former
Chapter 11 following their reorganization and
redesignation in Subtitle II pursuant to House
Concurrent Resolution No. 247 of the 1987 Reg-
ular Session, see notes and Table 2 preceding
R.S. 30:2001.

Pursuant to the statutory revision authority of
the Louisiana State Law Institute and pursuant
to the redesignation of the sections of Chapter
11 into Subtitle II, references in the texts of the
affected sections to "Chapter" and "Part" were
changed to refer to "Subtitle" and "Chapter",
respectively, and internal citations to particular
sections were ¦ changed to reflect their redesig-
nation.

A. The legislature finds and declares that:

(1) The laws of the United^tates-T"Squire testing, manifesting, and safe
transportatioxuafJiazarSouiwastes to insure proper identification and handling

338

-------
HAZARDOUS WASTE CONTROL LAW
Ch. 9

R.S. 30:2202

Chapter 11 following their reorganization and
redesignation in Subtitle II pursuant to House

ular Session, see notes and Table 2 precedirfg
R.S. 30:2001.

WESTLAW Electronic Research

See WESTLAW Electronic Research Guide following the Preface.

Motes of Decisions

Venue 1

1. Venue

Suit seeking to enjoin operation of disposal
well used to inject chemical waste products into
subsurface of certain tract of land was an attack
on an order of the Commissioner of Conserva-

tion, which authorized such operation, and,
therefore, under/K^S. 30:12, exclusive venue of
such suit wasin parish in which principal office
of the Copimissioner was located and not in
parish id which tract of land was located.
Therieft v. Mermentau Resources, Inc., App. 3
Cjrd980, 385 So.2d 939, writ refused 392 So.2d
589.

§ 2201. Repealed by Acts 1999/No. 348, § 2, eff. June 16, 1999

Historical and

Former R.S. 30:2201, relatiiwto existing haz-
ardous waste facilities, was/f>riginally enacted
as R.S. 30:1146 of Part yfl of Chapter 11 by
Acts 1979, No. 449, eff. Jan. 1, 1980. In
1988, R.S. 30:1146 was redesignated as 30:2201
of Chapter 9 of Sdbtitle II of Title 30 pursuant
to House Concurrent Resolution No. 247 of the
1987 Regular Session and pursuant to the statu-
tory revision authority of the Louisiana State
Law Irfstitute. Prior to its redesignation, R.S.
30>fl46 was amended by Acts 1980, No. 194,
16 and Acts 1983, No. 444, § 1, eff. Jan. 1,
-498ft

Statutory Motes

House Concurrent Resolution No. 247 of the
1987 Regular Session generally requested the
Louisiana State Law Institute to reorganize and
redesignate existing environmental laws. • For
disposition of the sections of former Chapter 11
following their reorganization and redesig-
nation, see notes and Table 2 preceding R.S.
30:2001.

Former R.S. 30:2201 was repealed .by Acts
1999, No. 348, § 2, eff. June 15, 1999. The title
of the repealing act indicated an intent to repeal
—the section in its-entirety:

§ 2202. Prohibitions

A. No person shall initiate or continue the generation, transportation, treat-
ment, 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
under this Subtitle.

C. Notwithstanding any law, order, or regulation to the contrary, no person
shall dispose, of hazardous waste by injection into a Class I underground
injection well when the well head or any portion of the casing is within the
banks or boundaries of a lake, stream, or other surface water body within the
jurisdiction of the state of Louisiana; whether man-made or occurring natural-
ly, whether on a temporary or permanent basis.

D. No person shall treat, store, or dispose of hazardous waste in salt domes
or sulphur mines within and under the jurisdiction of this state. However,
nothing in this Section shall in any way limit the authority of the federal
government with regard to petroleum storage activities in the state.

Acts 1979, No. 449, § 1, eff. Jan. 1, 1980. Amended by Acts 1983, No. 97, § 1, eff. Feb.
1, 1984; Acts 1983, No. 375, § 1; Acts 1985, No. 448, § 1, eff. July 1, 1985.

379

-------
R.S. 30:2202

Historical and

Chapter 11 of Title 30 was originally enacted
by Acts 1978, No. 334, § 1, eff. July 10, 1978, to
consist of Part I, comprised of R.S. 30:1101 to
30:1116. Chapter 11 of Title 30 was revised by
Acts 1979, No. 4.4.9, § 1, eff. Jan. 1, 1980, to
consist of Parts I to VII, comprised of R.S.
30:1051 to 30:1147. Chapter 11, expanded to
consist of R.S. 30:1051- to 30:1150.96, was later
redesignated as Subtitle II of Title 30, consisting
of R.S. 30:2001 to 30:2396 (see notes, post).

The amendments prior to House Resolution
No. 247 of the 1987 Regular Session are to R.S.
30:1147, the predecessor of this section.

Acts 1983, No. 97, § 1, in subsec. B, substitut-
ed "secretary" for "commission".

1983, No. 97. The full texts of SCR No. 3 and
Executive Order No. 83-30 are set forth under
R.S. 30:2001.

Senate Concurrent Resolution No. 3 of the
19.83 Second Extraordinary Session was re-
pealed by Acts 1984, No. 342, § 2, eff. July 2,

1984. See note following R.S. 30:2001.

ENVIRONMENTAL QUALITY

Ch. 9

Statutory Notes

Acts 1983, No. 375, § 1 added subsec. C.

Pursuant to the statutory revision authority of
the Louisiana State Law Institute, in subsec. C
as added by Acts 1983, No. 375, "When" was
substituted for "where" after "injection well".

The 1985 amendment added subsec. D.

Pursuant to House Concurrent Resolution No.
247 of the 1987 Regular Session and pursuant
to the statutory revision authority of the Louisi-
ana State Law Institute, this section, formerly .
R.S. 30:1147 of Part VII of Chapter 11 of Title
30 of the Revised Statutes of 1950, was redesig-
nated as R.S. 30:2202 of Chapter 9 of Subtitle II
of Title 30 in 1988.

Pursuant to the statutoiy revision authority of
the Louisiana State Law Institute and pursuant
to the redesignation of the sections of Chapter
11 into Subtitle II, references in the texts of the
affected sections to "Chapter" and "Part" were
changed to refer to "Subtitle" and "Chapter",
respectively, and citations of particular sections
were changed to reflect their redesignation.

Notes of Decisions

Retroactive application 1

1. Retroactive application

The leaking or migration of wastes after Janu- "
aiy of 1980 from disposal activities occurring

prior to January of 1980 constitutes a violation
of former sections 1137 and 1147 of the Louisi-
ana Environmental Affairs Act. Op.Atty.Gen.
No. 83-593, Jan. 30, 1983.

§ 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 the secretary and if necessary take prompt remedial action pursuant to
regulations adopted under this Subtitle or as ordered by the secretary or by the
appropriate assistant secretary.

—B-.—¥he-pellution of any waters of the state beneath or adjacent to any sitejxt--
or from which hazardous waste has been transported or whereHbSzardous
waste has been treated, stored, or disposed, intentioiially-*i3faccidentally, shall
be presumed to be evidence of pollutiOQ_jTOrff1mch site unless evidence is
shown to rebut it, and the secreterjTTnay issue such orders in accordance with
R.S. 30:2025 as niay-^>eTiecessary to contain, abate, control, and cleanup the
pollution-arrdTnay suspend, revoke, or terminate the operating authority of the

380

-------
HAZARDOUS WASTE CONTROL LAW R.S. 30:2204

Ch. 9

—&—This Section shall not apply to discharges into waters of the-sis
accordance with state or federal 1 icens&s-ffl^&i-mTts~i^Ie3^undiir the authority

Added by Acts 1984, No. 319, § 1, eff. July 2, 1984. Amended by Acts 1999, No. 303,
§ 1, eff. June 14, 1999.

Historical and Statutory Notes

This section, R.S. 30:2203, was originally en-
acted as R.S. 30:1147.1 and was redesignated as
R.S. 30:2203 (see note, post) by Acts 1984, No.
319, § 1, eff. July 2, 1984. Another R.S.
30:1147.1, relating to citation of the Louisiana
inactive and abandoned hazardous waste site
law, was enacted by Acts 1983, No. 547, § 2
and was redesignated as R.S. 30:1149.2 (see,
now, RS. 30:2221) pursuant to the statutory
revision authority of the Louisiana State Law
Institute.

Pursuant to House Concurrent Resolution No.
247 of the 1987 Regular Session and pursuant
to the statutory revision authority of the Louisi-
ana State Law Institute, this section, formerly
R.S. 30:1147.1 of Part VII of Chapter 11 ofTitle
30 of the Revised Statutes of 1950, was redesig-
nated as R.S. 30:2203 of Chapter 9 of Subtitle II
ofTitle 30 in 1988.

Acts 1999, No. 303, § 1, in subsec. A, substi-
tuted "the appropriate" for "an-authorized" fol-
lowing "as ordered by the secretary or by".

Law Review and Journal Commentaries

State and federal notification requirements
for spills and releases. Robert E. Holden, 38
La.B.J. 77 (1990).

Library References

Forms

24B Am Jur PI & Pr Forms, Rev, Waters,
§ 196.

United States Code Annotated

Clean Water Act notification requirements for spills and releases, see 33 U.S.C.A. § 1321.
Comprehensive Environmental Response, Compensation, and Liability Act, notification require-
ments for releases, see 42 U.S.C.A. §§ 9601, 9603.

Emergency Planning and Community Right-to-Know Act requirements for releases, see 42 U.S.C.A.
§ 11001 et seq.

§ 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 constit-
uents are leaching, spilling, discharging, or otherwise moving in, into, within,
or on any land, subsurface strata, water, or air, such person shall notify the
department in accordance with regulations to be adopted. This notification
requirement shall apply to leaching, spilling, discharging, or moving of hazard-
ous waste or hazardous waste constituents occurring hereafter although the
hazardous waste or hazardous waste constituents were heretofore present at
the site.

381

-------
R.S. 30:2204

ENVIRONMENTAL QUALITY

Ch. 9

(A)(1) of this Section, the secretary may order any owner, operator, or responsi-
ble person to test, monitor, and analyze to ascertain the nature and extern of
any hazard and require such owner, operator, or responsible person to^eontain,
abate, or clean up the site, or the secretary may undertake such activities and
order an investigation of the site, take samples to be analyzed^by the depart-
ment, or may expend monies from the Hazardous Waste Site^Cleanup Fund for
these purposes. Any person ordered by the secretary tarundertake certain
actions as provided herein on property outside a facility's boundary shall either
obtain permission from the owner of the property/to perform such required
actions or, if unable to obtain the owner's permission, request the secretary to
order access to the property for the purpose of performing such required
actions. In those cases where the secretary orders any owner, operator, or
responsible person to test, monitor, and/analyze to ascertain the nature and
extent of such hazard, the order shall inquire the person to whom such order is
issued to submit to the secretary within thirty days from the issuance of such
order a proposal for carrying ouythe required monitoring, testing, and analysis.

(3) The goal of such regmations is to eliminate those releases that may
reasonably pose a threatJo human health or the environment and to remediate
contaminated mediae/taking into consideration current and expected uses.

B. Any failure/x refusal by an owner or operator or responsible person to
undertake such/action as ordered by the secretary to test, monitor, analyze,
contain, abaie, or clean up a hazardous waste site shall be a violation of . this
Subtitle, and the secretary, in order to prevent damage to the public health and
environment, may immediately declare the site abandoned, notwithstanding the
provisions of R.S. 30:2225 or commence appropriate action or initiate proceed-
ings under R.S. 30:2025, including the recovery of penalties, revocation of any

-permit, closure of the site, or any combination thereof.

C. A "hazardous waste site" as used in this Section includes the entire
contaminated area and may extend beyond a facility's boundary.

¦—©:—Repealed byActs 1992, No. -§-3-r-

Added by Acts 1980, No. 194, § 17. Amended by Acts 1981, No. 702, § 2, eff. July 23,
1981; Acts 1982, No. 799, § 1, eff. Aug. 4, 1982; Acts 1983, No. 97, § 1, eff. Feb. 1,
1984; Acts 1983, No. 459, § 1, eff. July 6, 1983; Acts 1984, No. 674, § 1; Acts 1986, No.
329, § 1, eff. June 30, 1986; Acts 1991, No. 666, § 1, eff. July 17, 1991; Acts 1999, No.
303, § 1, eff. June 14, 1999.

Historical and Statutory Notes

This section was added by Acts 1980, No. 194,
§ 17 as R.S. 30:1148.

The 1981 amendment, in subsec. B, added
"or assistant secretary acting on behalf of the
commission,"; in subsec. C, deleted "and" pre-
ceding "take", added and may expend mo-
nies from the Abandoned Hazardous Waste Site
Fund for these purposes"; in subsec. D, deleted
"in which the site is located, a notification"
following "parish", substituted "and if request-

ed by any owner within ten days after notice,
shall hold a hearing prior to declaring the site
abandoned" for "and such notification shall
contain the date, place and time at which a
hearing shall be held to determine whether the
site abandoned should be declared abandoned";
in subsec. E, substituted "deemed necessary,
including the acquisition of emergency ease-
ments and rights of way, conducting negotia-
tions for property acquisition and exercise of
eminent domain as provided by R.S. 30:1080,"

382

-------
R.S. 30:2294

ENVIRONMENTAL QUALITY

Ch. 13

ment Trust Fund to colleges and universities within Louisiana for genmc
research relative to waste reduction technologies, processes, or nmtefials that
can be transferred to and shared with other waste generators in the state.

Added by Acts 1987, No. 657, § 2.

Historical and Statutonc--Notes

Pursuant to House Concurrent Resolution No.
247 of the 1987 Regular Session and pursuant-
to the statutory reyision authority of the Lotrisi-.
ana State Law Institute, this sectiop^forTnerly
R.S. 30:1149.64 of Part VII-D of-CFiapter 11 of
Title 30 of the Revised Striates of 1950, was
redesignated as R.S. 3&rf594 of Chapter 13 of
Subtitle II of Title^0"in 1988.

For disposition of the sections of former
Chaptep-n following their reorganization and
recleslgnation in Subtitle II pursuant to House
=
-------
WEST'S
LOUISIANA STATUTES
ANNOTATED

REVISED STATUTES

Official Ckmg0emtmm

Sections 30:2001 to 30:2500

Volume 17B
2010

Cumulative Annual Pocket Part

Raplacing 2009 pocket part supplementing 2000 main volume
Includes laws through the 2000 Regular Session

WEST.

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-------
EFFECTIVE DATES

The following table shows the date of adjournment and the general effective
date of measures enacted by the Legislature from 1951 to date.

Year

Session

Adjournment Date

Effective Date

1951

Extra

June 29, 1951

July 19. 1951

1952

Regular

July 10, 1952

July 30, 1952

1953

Extra

July 17, 1953

Emergency acts only

1954

Regular

July 10,1954

July 30, 1954

1955

Extra

Jan.14,1955

Emergency acts only

1955

Regular

June 7, 1950

June 27, 1955

1956

Regular

July 12, 1956

Aug. 1, 1.956

1956

Extra

Sept. 10, 1956

Sept. 30, 1956

1957

Regular

June 11,1957

July 1, 1957

1958

Regular

July 10,1958

July 30, 1958

1958

Extra

Nov. 22, 1958

Dec. 12, 1958

1959

Regular

June 9. 1959

June 29, 1959

1960

Regular

July 7, 1960

July 27, 1960

I960

First Extra

Nov. 15, 1960

Dec. 5, 1960

1960

Second Extra

Dec, 1.5, 1960

Jan.4,1961

1960

Third Extra

Jan. 15, 1.961

Feb. 4, 1961

L961

First Extra

Feb. 13, 1961

No laws enacted

1961

Second Extra

Feb. 26, 1961

March 18, 1961

.1961

Regular

June 6, 1961

June 26, 196.1

1962

Regular

July 12, 1962

Aug. 1, 1.962

1963

Regular

June 11, 1963

July 1, .1963

19615

Extra

June 27, 1963

Emergency acts only

1964

Regular

July 9, 1964

July 29, 1964

1964

Extra

Dec. 5, 1.964

Dec. 25, 1964

1965

Regular

June 8, 1965

June 28,1965

1966

Regular

July 7, 1966

July 27, 1966

1966

Extra

Dec. 12, 1966

Jan. 1, 1967

1967

Regular

June 6, 1967

June 26,1967

1967

Extra

July 29, 1967

Emergency acts onlv

1968

Regular

July 11, 1968

July 31, .1968

1968

Extra

Dec. 17, 1968

Jan.6,1969

1969

Regular

June 10,1969

June 30, 1969

1970

Extra

Feb.22,1970

March 14, 1.970

1970

Regular

July 9, .1.970

July 29, 1970

1971

Regular

June 8, 1971 *

June 28, 1971

1972

Regular

July 6, 1972

July 26, 1972

1972

Extra

Aug. 31., 1972

Sept. 20, 1972

1973

Regular

June 12, 1973

July 2, 1973

1973

Extra

Dec, 4, 1973

Dec. 24, 1973

1974

Regular

July 11, 1974

July 31, 1974

1974

Extra

Nov. 5, 1974

Nov. 25, 1974

1975

Extra

Jan. 27,1975

March 28, 1975

1975

Regular

July 14, 1975

Sept. 12, 1975

XIX

-------
Year

1976

1977

1978

1979

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

EFFECTIVE DATES

Session

Regular

First Extra

Second Extra

Regular

Extra

Regular

First Extra

Regular

Second Extra

Regular

Extra

Regular

First Extra

Regular

Second Extra

Extra

Regular

Extra

Regular

Extra

First Extra

Regular

Second Extra

First Extra

Regular

Second Extra

Regular

First Extra

Second Extra

Regular

Third Extra

Regular

First Extra

Regular

First Extra

Second Extra

Regular

Third Extra

Fourth Extra

Regular

First Extra

Regular

First Extra

Regular

First Extra

Regular

Second Extra

First Extra

Adjournment Date

Aug. 2. 1976
Aug. 19, 1976
Oct. 13, 1976
July 11, 1977
Aug. 17, 1977
July 10, 1978
July 9, 1979
March 18, 1980
July 14, 1980
Sept. 10, 1980
July 13, 1981
Nov. 13, 1981
July 12, 1982
Jan. 17, 1983
July 1, 1983
Dec. 14, 1983
March 25, 1984
July 5, 1984
July 8, 198o
July 1,1986
Dec. 19, 1986
July 3, 1987
July 10, 1987
March 26, 1988
July 11, 1988
Oct. 25, 1988
March 7, 1989
July 5, 1989
July 10, 1989
July 9, 1990
April 8, 1991
April 14, 1991
July 8, 1991
Aug. 4, 1991
June 22, 1992
March 26, 1993
June 10, 1993
Feb.25,1994
April 22, 1994
May 25, 1994
June 28, 1994
Aug. 23, 1994
June 19, 1995
April 19, 1996
June 12, 1996
June 23, 1997
April 17, 1998
June 10, 1998
June 21,1999
April 7, 2000
June 7, 2000
June 25, 2000
March 22, 2001

Effective Date

Oct. 1, 1976
Oct. 18, 1976
Dec, 12, 1976
Sept. 9, 1977
Oct. 16, 1977
Sept. 8, 1978
Sept. 7, 1979
No laws enacted
Sept. 12, 1980
Nov. 9, 1980
Sept. 11, 1981
Jan.12,1982
Sept. 10, 1982
March 18, 1983
Aug. 30,1983
Feb. 12, 1984
May 24, 1984
Sept. 3, 1984
Sept. 6, 1985
Aug. 30, 1986
Feb. 17, 19S7
Sept. 1, 1987
Sept. 8, 1987
May 25, 1988
Sept, 9. 1988
Dec. 24, 1988
May 6, 1989
Sept. 3, 1989
Sept. 8, 1989
Sept. 7, 1990
June 7, 1991
June 13, 1991
Sept. 6, 1991
Oct. 3, 1991
Aug. 21, 1992
May 25, 1993
Aug. 15, 1993
April 26, 1994
June 21, 1994
Aug. 15, 1994
Aug. 27, 1994
Oct. 22, 1994
Aug. 15, 1995
June 18, 1996
Aug. 15, 1996
Aug. 15, 1997
June 16, 1998
Aug. 15, 1998
Aug. 15, 1999
June 6,2000
Aug. 15, 2000
Aug. 24, 2000
May 21, 2001

-------
EFFECTIVE DATES'

Year Session

2001 Regular

2001 Second Extra

2002 First Extra

2002 Regular

2003 Regular

2004 First Extra

2004 Regular

2005 Regular

2005 First Extra

2006 First Extra
20(.)fi Regular

2006 Second Extra

2007 Regular

2008 First Extra
2008 Second Extra

2008 Regular

2009 Regular

Adjournment Date

June 18,2001
Oct. 15, 2001
April 17, 2002
June 12, 2002
June 23, 2003
March 17, 2004
June 21, 2004
June 23, 2005
Nov. 22, 2005
Feb. 17, 2006
June 19, 2006
Dec. 15, 2006
June 28, 2007
Feb. 26, 2008
March 14, 2008
June 23, 2008
June 25, 2009

Effective Date

Aug. 15, 2001
Dec. 14, 2001
June 16, 2002
Aug. 15, 2002
Aug. 15, 2003
May 16, 2004
Aug. 15, 2004
Aug. 15, 2005
Jan. 21, 2006
April 18, 2006
Aug. 15, 2006
Feb.13,2007
Aug. 15, 2007
April 26, 2008
May 13, 2008
Aug. 15, 2008
Aug. 15, 2009

XXI

-------
LOUISIANA STATE LAW INSTITUTE

PAUL M HEBERT LAW CENTER, ROOM W127
UNIVERSITY STATION
BATON ROUGE, LA, 70803-1018

woo

iwi u«vnirwfot5uoot<

ww,LSUS>R«

October 21, 2009

STATE OF LOUISIANA
PARIS)! OF ivVST BATON ROU'ifi

TO: HON. Jay Dardennc
Secretary of State
Stale of Louisiana

Pursuant to the provisions of R.S. 24:251 through 24:256, the Louisiana State Law Institute hereby
certifies:

That the current edition of the West's Louisiana Statutes Annotated, Constitution, Civil Code,
Revised Statutes, Constitution Ancillaries, Code of Criminal Procedure, Code of Civil Procedure, Code
of Evidence, Children's Code, and their 2010 Supplements have been prepared in strict conformity with
the continuous revision provisions of Chapter 5 of Title 24 of'the Louisiana Revised Statutes of 1950;

and

That every section or article contained in this Edition and its Supplements has been taken from and
compared with the original acts of the Legislature, as shown by the enrolled bills in the office of the
Secretary of State; and

That, with the exception of the changes in form permitted by R.S. 24:253 and other statutory
provisions, these sections and articles as they appear in this Edition and its Supplements, are correctly
printed.

LOUISIANA STATE LAW INSTITUTE

BY:

-------
Sag DarJiennc

8ECRETAEY OF STATE

f r'/-i Wertehtiif offftafe, of (he fflafa tfelo AWy (hat

Under the authority granted by R.S. 24:256, I do
hereby designate this edition and its supplements oi'
West's Louisiana Statutes Annotated, Revised Stat-
utes, as the Official Edition of the Louisiana Revised
Statutes.

On the certificate of correctness of the Louisiana
State Law Institute, a facsimile of which appeals in
these volumes or supplements, and, as authorized by
R.S. 24:25G, I do hereby declare that this edition and

its supplements shall be admissible as prima facie
evidence of the laws contained thereto.

.J?* y ti'Aertof, A.::-< /; fr1

,ny and ctxuJft/ tAe ^ trip SySfe'ct

fe /*t /A c pjf' fen f>'i,

this, the 22nd day of October^ 2009

(Pec\e(a/i ff Sfya/e

-------
MINERALS—ENVIRONMENTAL QUALITY

R.S. 30:2004

-aM—Michael A. Chernekoff, 40 La.B.J. 1

(2001).

United State§J3upreifleTtourt

laWj__£leaB—v?aEer7 dams, WaiTen Co. v. Maine Bd. of Environmental
;M7state certification re- Protection, U.S.Me.2006, 126 S.Ct. 1843, 547

§ 2003. Purposes

A. The maintenance of a healthful and safe environment in Louisiana requires
governmental regulation and control over the areas of water quality, air quality,
solid and hazardous waste, scenic rivers and streams, and radiation.

B. In order to accomplish these goals most efficiently, it is necessary to provide
for comprehensive policies on a statewide basis to unify, coordinate, and implement
programs to provide for the most advantageous use of the resources of the state and
to preserve, protect, and enhance the quality of the environment in Louisiana.

Acts 1979, No. 449, § 1, eff. Jan. 1, 1980. Amended by Acts 1983, No. 97, § 1, eff. Feb. 1,
1984; Acts 2003, No. 933, § 3.

Historical and Statutory Notes

Acts 2003, No. 933, § 3, in subsec. A, in-
serted "governmental".

Notes of Decisions

Waste disposal 1 pick-up stations at specific sites, parish coun-

cil can require companies seeking to con-

struct disposal and piek-up stations to obtain
1. Waste disposal permits. Op.Atty.Gen., No.05-0272 (August

Although parish may not by ordinance pro- £5 2005)
hibit constructing solid waste disposal and '

§ 2004. Definitions

The following terms as used in this Subtitle, unless the context otherwise requires
or unless redefined by a particular Chapter hereof, shall have the following
meanings:

(2) "Department" means the Department of Environmental Quality.

(3) "Implementation plan" means any pollution control or other environmental
regulatory plan prepared by a state agency in compliance with the terms of the
Clean Air Act,1 the Federal Water Pollution Control Act,2 the Resource Conserva-
tion and Recovery Act,3 or other federal environmental legislation.

(4) "Secretary" means the secretary of the Department of Environmental Quality.

(5), (6) Repealed by Act3 1007, No. 26, § 1:

(7) "Variance" means a special authorization granted to a person for a limited
period of time which allows that person a specified date for compliance with a
requirement pursuant to the provisions of this Subtitle.

(8) "Person" means any individual, municipality, public or private corporation,
partnership, firm, the United States Government, and any agent or subdivision
thereof or any other juridical person, which shall include, but not be limited to,

-------
R.S. 30:2004

MINERALS—ENVIRONMENTAL QUALITY

trusts, joint stock companies, associations, the state of Louisiana, political subdivi-
sions of the state of Louisiana, commissions, and interstate bodies.

(9) "Natural resources committees" means the Natural Resources and Environ-
ment Committee of the House of Representatives and the Environmental Quality
Committee of the Senate of the Louisiana Legislature.

(10) "Discharge" means the placing, releasing, spilling, percolating, draining,
pumping, leaking, seeping, emitting, or other escaping of pollutants into the air,
waters, subsurface water, or ground as the result of a prior act or omission; or the
placing of pollutants into pits, drums, barrels, or similar containers under conditions
and circumstances that leaking, seeping,'draining, or escaping of the pollutants can
be reasonably anticipated.

/"I ~n uPrnrinr>pr fi'mrP mronr flir J ^ p p

30:2015. ' ~

(12) "Abandoned site funcT^hall^eairiMTIazardous Waste Site Cleanup Fund
as created JjyJL&-80^2051ffldfbrmerly known as the Abandoned Hazardous Waste

: :

(13) "Pollution source" means the immediate site or location of a discharge or
potential discharge, including such surrounding property necessary to secure or
quarantine the area from access by the general public.

(14) "Facility" means a pollution source or any public or private property or
facility where an activity is conducted which is required to be regulated under this
Subtitle and which does or has the potential to do any of the following:

(a) Emit air contaminants into the atmosphere:

(e) Generate, transport, treat, store, or dispose of hazardous wastes.

(15) "Pollutant" means those elements or compounds defined or identified as
hazardous, toxic, or noxious, or as hazardous, solid, or radioactive wastes under this
Subtitle and regulations, or by the secretary, consistent with applicable laws and
regulations. For the purposes of the Louisiana Pollutant Discharge Elimination
System, as defined in R.S. 30:2073(6), "pollutant" means dredged spoil, solid waste,
incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, except those regulated
under the Atomic Energy Act of 1954, 42 U.S:C. 2011 et seq., as amended, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal,
and agricultural waste discharged into water. • For the purposes of the Louisiana
Pollutant Discharge Elimination System, as defined in R.S. 30:2073(6), "pollutant"
does not mean:

(a) Water, gas, waste, or other material which is injected into a well for disposal
in accordance with a permit approved by the Department of Natural Resources or
the Department of Environmental Quality.

(b) Water, gas, or other material which is injected into a well to facilitate
production of oil or gas, or water derived in association with oil and gas production
and disposed of in a well, if the well used either to facilitate production or for
disposal purposes is approved by authority of the state in which the well is located,
and if the state determines that the injection or disposal will not result' in the
degradation of ground or surface water resources.

-------
MINERALS—ENVIRONMENTAL QUALITY

R.S. 30:2005
Repealed

decision or order.

(17) "Aggrieved person" means_a_iiate^iT5r^iiHdieal person who. has a real and
actual interes£Ji&fc-^^adversely affected by a final action under this

JSP

(18) "Assistant secretary" means the assistant secretary to whom a given function
or responsibility has been allocated by this Subtitle or delegated by the secretary;

n0x "nnrrmlifmrr rvrrlrr" mrnnr1 on Kxr fln/% oQ/vyof ovtr r>v» Qw Qeoiofnwf

secretary requiring a respondent to comply with specified provisions^JJas-Sobfltle,
a rule, or a permit within a specified period of time. ______—¦—"""""

(20) "Respondent" means the persan^agaifisfwhom an enforcement action is
directed. ^— ^

(21)'jyiolsbiaffrmeans a failure to comply with the requirements of this Subtitle,

Acts 1979, No. 449, § 1, eff. Jan. 1, 1980. Amended by Acts 1980, No. 194, § 1; Acts 1981,
No. 198, § 1; Acts 1982, No. 655, § 1; Acts 1983, No. 97, § 1, eff. Feb. 1, 1984; Acts 1983,
No. 467, § 1, eff. July 6,1983; Acts 1984, No; 116, § 1, eff. June 22,1984; Acts 1989, No. 392,
§ 1, eff. June 30, 1989; Acts 1991, No. 21, § 1, eff. June 14, 1991; Acts 1995, No. 708, § 1;
Acts 1995, No. 947, § 2, eff. Jan. 1,1996; Acts 2008, No. 580, § 2.

142 U.S.CA § 7401 et seq.

2 33 U.S.C.A. § 1251 et seq.

3 42 U.S.C.A. § 6901 et seq.

Historical and Statutory Notes

Acts 2008, No. 580, § 2, in par. (9), insert-
ed "and Environment".

Historical arid Statutory Notes

Former R.S. 30:2005, relating to the Envi-
ronment and Natural Resources Council, was
added by Acts 1995, No. 537, § 1.

The title of the repealing act, Acts 2001,
No. 1137, indicated an intent "to abolish cer-
tain inactive boards and commissions".

Prior to repeal, Acts 2000, 1st Ex.Sess.,
No. 144, § 16 amended this section contin-
gent upon passage of a proposed constitu-
tional amendment of Article XII, section 12
of the Louisiana Constitution by Acts 2Op0^
1st Ex.Sess., No. 153. The proposed ap#md-
ment of Article XII, Section 12 by^cfs 2000,
1st Ex.Sess. No. 153, § 1 failedjtfpass at the
general election held on Njjranber 7, 2000.
Therefore the amendmeptof this section did
not take effect.

A former RA^0:2005 related to the cre-
ation, memberahip, and function of the Gov-
ernor's Resource Development and Environ-
mentalQuality Council. It was originally
enacted as R.S. 30:1066.2 by Acts 1983, No.

pursuant to the statutory revisiop^authority
of the Louisiana State Law Institute, to con-
form with the amendments^ Acts 1983, No.
97.

Subsequently, iB<(988, R.S. 30:1055 of Part
1 of Chapter jxot Title 30 was redesignated
as R.S. 3^2d05 of Chapter 1 of Subtitle II of
Title 30^pursuant to House Concurrent Res-
olpt-im No. 247 of the 1987 Regular Session
-and pursuant to the statutory revision au-<
thority of the Louisiana State Law Institute.
House Concurrent Resolution No. 247 of the
1987 Regular Session generally requested
the Louisiana State Law Institute to reorga-
nize and redesignate existing environmental
laws. See notes and Table 2 preceding R.S.
30:2001.

Former R.S. 30:2005 was repealed by Acts
1989, No. 662, § 8, eff. July 7, 1989. The
title of the repealing Act reflected an intent
to, inter alia, abolish the Governor's Re-
source Development and Environmental

-------
R.S. 30:2021

MINERALS—ENVIRONMENTAL QUALITY

: Cross References

Water quality control, powers and duties of
secretary, regulatory permit, see R.S.

30:2074.

§ 2021. Interstate compacts on envir^iwrfental control; environmental
impact statements^^^^

JUwTfiteview and Journal Commentaries

"...To the^gwtf Mream waters": Steward-
sWgJer^ssential fish habitat. Marian Mac-

-fifierson, 18 Tul.Envtl. L.J. 97 (2001).

§ 2022. Permit applications and variance requests; notification

A. (1) Any person seeking a permit, license, registration, variance, or LPDES
variance shall file a written application for such with the secretary. -Exduding-
applications relative to medical and dental devices, the secretary shall promptly'
send a notice of the subject matter of each application to the governing authority jf
the parish affected by the application and any public interest group or individual
within the affected parish who has requested notice in writing and presided a
mailing address.. The notice of a permit, license, or registration application shall be
provided within thirty days after receipt of the application. The parish governing
authority shall promptly notify each municipality within said parish/affected by the
application. /

(2) The secretary shall promptly consider such application/and take such action
thereon as he deems appropriate in accordance with law. /However, the failure by
the secretary or the parish governing authority to give tile notice required by this
Section shall not affect the validity of the action taken on the application.

(3) For the purposes of this Subsection, "any jaublic interest group within the
affected parish" shall mean any association having not less than twenty-five mem-
bers who reside in the parish in which the relevant facility is or will be located.

B. No later than April 20, 1991, the/secretary shall promulgate rules and
regulations establishing procedures for tHe processing and review of permit applica-
tions for new facilities and applications for substantial permit modifications, includ-
ing but not limited to administratis completeness reviews, checklists of required
information, and maximurii processing times, and which shall specify:

(1) Procedures for administrative completeness review to determine whether an
application contains the inforaaation required to substantively review the application.
The administrative completeness review procedure shall not extend beyond sixty
days from the date the application is submitted, except where additional time is
required to correctjafformation or deficiencies in the application.

(2) The final decision shall not extend beyond three hundred days from the date
the application is submitted, except where additional time is required for the
applicant te revise or supplement technical information or deficiencies in the
application, or for adjudicatory or judicial proceedings under R.S. 30:2024, or for
required review by the United States Environmental Protection Agency, or for
consideration of comments received at a public hearing in the case of an extraordi-
nary public response, however in no case shall the extension for consideration of
'comments exceed forty-five days.

-------
R.S. 30:2180

MINERALS—ENVIRONMENTAL QUALITY

cleanup or remediation from the transporter of the infectious waste or any other'
. person who is responsible for such spills or discharges. The generator of Jene
infectious medical waste shall be responsible for any costs incurred by the
department for any spills or discharges where the transporter was not licefised or
permitted by the Department of Health and Hospitals as required by law and the
regulations. /

(3) Repealed by Acts 1990, No. 1012, § 2. /

(4)(a) Notwithstanding any other provision of the law to/the contrary, the
secretary shall not issue any permit or promulgate any rules and regulations which
would allow the construction or operation of any medical waste incinerator disposal
facility of any type in this state until such rules and regulations are specifically
authorized by law.

(b) The prohibition in this Subsection shall not apply to the regulation or
permitting of any such facility possessing a permit or interim permit on April 1,
1990, nor to an application which was pending and had not been denied prior to
July 1,1990. y/

(c) In no event shall any such permit be issued without prior notification of
legislators representing the area whjen includes the proposed site of the facility
and prior public hearing in that are2(f

(d) The department shall promulgate necessary rules and regulations for the
permitting of medical waste/mcinerator disposal facilities within one hundred
eighty days after being spepincally authorized by law.

Acts 1979, No. 449, § 1, eff. Jan. 1, 1980. Amended by Acts 1980, No. 194, § 13; Acts 1980,
No. 748, § 1; Acts 1982, NeC 800, § 1, eff. Aug. 4, 1982; Acts 1983, No. 97, § 1, eff. Feb. 1,
1984; Acts 1984, No. 795A 1, eff. July 13,1984; Acts 1985, No. 669, § 1; Acts 1986, No. 781,
§ 1, eff. July 10, 1986]/Acts 1987, No. 615, § 1, eff. July 9, 1987; Acts 1988, No. 962, § 1, eff.
July 27,1988; Acts1989, No. 233, § 1, eff. June 26,1989; Acts 1989, No. 583, § 1, eff. July 6,
1989; Acts 1990, No. 1006, § 1, eff. July 26, 1990; Acts 1990, No. 1012, § 1; Acts 1991, No.
21, § 1, eff. June 14, 1991; Acts 1996, 1st Ex.Sess., No. 36, § 1, eff. May 7, 1996; Acts 1997,
No. 27, §.1/ Acts 1999, No. 303, § 1, eff. June 14, 1999; Acts 2001, No. 820, § 1.
I In pars. (A)(1) and (D)(1), Administrative Procedure Act, R.S. 49:950 et seq.

// Historical and Statutory Notes

/Acts, 2001, No. 820, § 1, in par. (D)(1),

•Inserted "cleanup, remediation," after "incin-

-efat-ien~-afld-a
-------
MINERALS—ENVIRONMENTAL QUALITY

R.S. 30:2183

B. It shall be unlawful to initiate or continue the generation, transportation,
treatment, storage, or disposal of hazardous wastes after the time period provided in
Subsection A of this Section except in compliance with the notice requirements
thereof.

soon as practicable thereafter, the secretary shall initiatejjie^^eedufesrasrequired
by this Chapter and the regulations_applie^ the issuance or denial of
permits MidJicfiiases-a«d-thg^sSblishment of schedules of compliance and perform-
-^egguiailines4br facilitias-aad-eqaipBeafc. :—

D. All facilities which have interim status shall comply with all applicable
operating standards and shall comply with all regulatory requirements regarding
the application for standard permits for such facilities. It shall be unlawful for any
person who has received a request for submission of an application for a standard
permit from the secretary or commission to initiate or continue the treatment,
storage, or disposal of hazardous waste under interim status, unless such person
submits an application in accordance with applicable regulations within the time
required by the secretary or commission for such submission. The interim status of
any facility which fails to comply with this Subsection shall be subject to revocation
by the secretary or commission. The interim status of any existing facility shall not
exceed two years beyond the effective date of this Subsection unless extended by
order of the secretary.

E. Upon the issuance of a license or permit or the establishment of a schedule of
compliance or performance guidelines, it shall be unlawful to transport, treat, store,
or dispose of hazardous wastes except in accordance with the terms and conditions
thereof and the regulations applicable thereto.

Chapter and the rules and regulations promulgated hereunder shall be in aecBr-
dance with R.S. 30:2025. '

G. (1) Any person who willfully or knowingly discharges, emits, or disposes of
any substance in contravention of any provision of this Chapter or apy regulations
or of any permit or license terms and conditions adopted in puraa^nce thereof, or
any person who otherwise knowingly violates any provision o|>tms Chapter, shall,
upon conviction be subject to a fine of not more than one hu-rfared thousand dollars
per day of violation and costs of prosecution, or imprisoprtient at hard labor for not
more than ten years, or both. The time limit for instituting prosecution under this
Paragraph for cases involving the willful or knowjug disposal of a hazardous waste,
as provided in Louisiana Code of Criminal Propeaure Art. 572, shall commence upon
discovery of the disposal of-the hazardous wa£te. The determination of whether the
conduct was willful or knowing shall be determined under the law in existence at the
time of the disposal.

(2) Any person who knowinely^transports, treats, stores, disposes of, or exports
any substance in contravention of any provisions of this Chapter or the regulations
or of any permit or license terms and conditions adopted in pursuance thereof, or
any person who other\ja£e knowingly violates any provisions of this Chapter, in such
manner that he kmrtvs, or should have known, at that time that he thereby places
another personam imminent danger of death or serious bodily injury, shall, upon
conviction, ^subject to a fine of not more than two hundred fifty thousand dollars
per day of^violation and costs of prosecution, or imprisonment at hard labor for not
more than fifteen years, or both.

Any person who knowingly omits any material information or knowingly and
intentionally makes any false—statement/ or certification m-aay-

-------
R.S. 30:2183

MINERALS—ENVIRONMENTAL QUALITY

to be maintained under this Chapter, or under any permit, rule, or regulatiorjisSued
under this Chapter, or who falsifies, tampers with, or knowingly renders-inaccurate
any monitoring device or method to be maintained under this Chaptefvor under any
permit, rule, or regulation issued under this Chapter, sjjatt^ujpon conviction be
punished by a fine of not more than twenty-five thougantTdollars or imprisonment
for not more than six months, or both.

H. No person shall tamper with or cause to be tampered with any hazardous
waste container or the contents thereof; shall discharge or cause to be discharged
the contents of said containerbetween the point of origin and point of destination
listed in the manifest, orsh&ll discharge or cause to be discharged the contents of
said container at apjrlocation other than that for which it is permitted unless
ordered to doge-By the Department of Environmental Quality or otherwise allowed
by this SabWle and rules or regulations promulgated thereunder. Any person
williitHy violating this Subsection shall be subject to the civil and criminal penalties
-provided by this Chapter. :

I. Whenever the owner or operator of any active site or other facility obtains
information indicating that hazardous waste is leaching, spilling, discharging, or
otherwise moving in, into, within, or on any land or water, such person shall notify
the department in accordance with regulations to be adopted. This notification
requirement shall apply to leaching, spilling, discharging, or moving of hazardous
waste occurring hereafter although the hazardous waste was heretofore present at
the site or facility.

hazardous waste or hazardous waste products for a fee, .or-a-feeyeinigTSrocess at a
commercial facility which recyclesJiazai^eus^ras1^ftoproduce aggregates and that
acceptsJiMaixlous^vaste^rTmardous waste products for a fee, in a manner which

Aets 1979, No. 449, § 1, eff. Jan. 1, 1980. Amended by Acts 1980, No. 194, § 14; Acts 1981,
No. 246, § 1; Acts 1982, No. 146, § 1; Acts 1982, No. 797, § 1, eff. Aug. 4, 1982; Acts 1983,
No. 97, § 1, eff. Feb. 1, 1984; Aets 1983, No. 459, § 2, eff. July 6, 1983; Acts 1984, No. 669,
§ 1; Acts 1985, No. 337, § 1; Acts 1985, No. 669, § 1; Acts 1988, No. 730, § 1; Acts 1990,
No. 988, § 1; Acts 1999, No. 303, § 1, eff. June 14, 1999; Acts 2008, No. 186, § 1.

Historical and Statutory Notes

Acts 2008, No. 186, 8 1, in par. (G)(1),
added the second and third sentences.

Research References

ALR Library

86 ALR 4th 401, Validity, Construction,
and Application of State Hazardous
Waste Regulations.

5 ALR 2nd 444, Right of Accused to Bill of
Particulars.

Treatises and Practice Aids

Louisiana Environmental Compliance
§ 3:1, Ldeq Enforcement Authority.

A. (1) The secretary shall develop, consistent with federaLxeg&latiOns^ objective
criteria for identifying characteristics ofjiazardetis^wastes and for listing the
hazardous wastes which shallJje^ubjer^ToThe provisions of this Chapter.
(2) Thg^-seeretaTsTiniall promulgate rules and regulations for the review and

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R.S. 30:2417

MINERALS—ENVIRONMENTAL QUALITY

The monies in the Used Oil Recycling Trust Fund shall bo invested by the state
treasurer in the same manner as monies in the state general fund. All interest
earned on money from this fund and invested by the state treasurer shall/be
credited to the Used Oil Recycling Trust Fund. /

C. The secretary shall administer the Used Oil Recycling Trust Fund/and the
monies shall be used to: ~ /

(1) Provide technical assistance, grants, subsidies, and loans to locaf government
for programs to encourage collection, reuse, and proper disposal of used oil.

(2) Provide technical assistance and incentives for the collectipn and recycling of
used oil to nongovernment collection or recycling facilities. /

(3) Provide for public education and research, including advertising, training,
unique incentives, and other programs, provided, however/that no more than thirty-
five percent of the monies may be used for this type/Oi activity during any fiscal
year. / .

D. The secretary shall develop guidelines to award grants, subsidies, and low
interest loans to local government to encourage/the establishment and maintenance
of programs and facilities to reduce the improper disposal of used oil, which may
include the following in the order of priority,#) be supported:

(1) Establishing publicly operated uaesa oil collection facilities at landfills and
other public places. /

(2) Curbside pickup of used oil containers by a local government or its designee.

(3) Retrofitting solid waste eqmpment to promote curbside pickup or disposal of
used oil at designated collectionaacilities.

(4) Providing containers and other materials and supplies that the public can use
to store in an environmerftally safe manner used oil for pickup or delivery to a
collection facility. /

E. The following^ctivities are prohibited:

(1) No person may knowingly collect, transport, store,- recycle, use, or dispose of
used oil in any planner which endangers the public health or welfare.

(2) No person may knowingly discharge or cause to be discharged used oil into
sewers, drainage systems, septic tanks, or any waters or lands of the state.

(3) Alter July 1, 1991, no person may knowingly mix or commingle used oil with
solid »raste that is to be disposed of in landfills or directly knowingly dispose of used
oil m solid waste landfills within the state of Louisiana unless specifically approved
by the department.

—(4) Repealed by Acts 2006, No. 829, § 2, '

(5) Used oil shall not be used for road oiling, dust control, weed abatement, or
other similar uses that have the potential to release used oil into the environment

r~. Ail© aepartmtm bnuu ucvciop incentives lor unc ruubc, iccycungj -anci intirKyfe5*
ing of used oil. Such incentives may include a program to encouraggJndiViduals
who change their own oil to return used oil to a u^^oiHcOTIection facility.

G. As of July 1, 1992, no person shalljgiowinglydispose of used oil in any
manner other than at a permitted^used^oil collection facility, unless specifically
approved by the departmentr-^Exempt from this requirement are entities which
only burn used-^H-^enerated by the burner, provided such burning is done in
compliance^with applicable rules of the Louisiana Department of Environmental

—

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