La. Admin. Code tit. 33 § VI-103

Current through Register Vol. 50, No. 11, November 20, 2024

Section VI-103 - Regulatory Overview

A. Purpose. This Section provides an overview of identification, investigation, and remediation activities for sites where hazardous substances could have been disposed of and from which such hazardous substances could be discharged. This Section is a summary only; if there are any inconsistencies between this Section and the remainder of these regulations, the regulations shall govern.

B. Site Discovery and Evaluation

1. Site Discovery Reporting. These regulations establish a reporting program as required by the Louisiana Environmental Quality Act to help identify inactive or uncontrolled sites where hazardous substances could have been disposed of or discharged. Owners, lessees, and other persons who know or discover that hazardous substances have been discharged or disposed of at such a site must report this information to the Office of Environmental Assessment within the specified time. The department may also discover sites through its own investigations, referrals from other agencies, or other means.

2. Integrated Data Management Database. Sites reported are placed in the department's integrated data management database. This database provides the department with an accurate inventory of all potential and confirmed sites in the state. All sites in the integrated data management database may not be remediated under the authority of the department; some sites may be referred to other federal and/or state programs, and some sites may not require remediation.

3. Preliminary Evaluation. A preliminary evaluation is conducted to determine if a discharge or disposal of hazardous substances has occurred at a site. The department may conduct limited sampling to determine if hazardous substances are present and/or migrating from a site. If no hazardous substances are present, the department may make a determination that no further action (NFA) is necessary. A NFA determination also may be made if the site falls under the jurisdiction of other state or federal agencies or if inadequate information is available to determine if the site exists. The information collected during a preliminary evaluation may be used to determine whether or not a remedial action is necessary at the site.

C. Remedial Action. The department has responsibility for determining the need for and appropriateness of remedial actions at hazardous substance sites and responsibility for implementing or authorizing such actions at any time after site discovery. The goal of the remedial action is to achieve minimum remediation standards.

1. A remedial investigation (RI) shall be performed by PRPs or the department. During this investigation, site conditions and contaminants will be characterized, the extent of risk to human health and the environment will be determined, preliminary remedial goals will be developed, and data for a corrective action study will be collected.

2. A corrective action study (CAS) shall be performed by PRPs or the department to develop appropriate remedial alternatives for achieving the preliminary goals identified in the RI report and to provide performance and cost data for use in evaluating these alternatives and selecting a remedy.

3. The department shall evaluate the RI and CAS and select a remedy that will protect human health and the environment.

4. When the appropriate remedy has been selected for the site, the remedy shall be implemented. The remedy may include post-remedial management.

D. Enforcement and Potentially Responsible Party Participation. It is the policy of the department that, where possible, the cost of actions taken in accordance with the Act and these regulations shall be borne by potentially responsible parties. In furtherance of that policy, the department shall invite PRPs to participate in the investigation and remediation process. The department shall impose a limited moratorium on its own site work and enforcement action while it negotiates good faith offer(s) received from one or more PRPs. The department retains the right to fully exercise all other enforcement authorities granted it by law, including administrative and judicial orders.

E. Public Information and Participation. The department shall provide public access to site-related information and shall provide opportunities for public participation in site-related decisions in accordance with the Act.

La. Admin. Code tit. 33, § VI-103

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2178 (November 1999), amended LR 26:2510 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2136 (October 2007), amended by the Office of the Secretary, Legal Division, LR 38:2757 (November 2012), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 432139 (11/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2171 et seq., 2221 et seq., and 2271 et seq.