La. Admin. Code tit. 33 § VI-201

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

Section VI-201 - Site Discovery

A. Site Discovery Reporting Requirements. As part of a program to identify inactive or uncontrolled contaminated sites, the owner, operator, or other responsible person shall report to SPOC, within 24 hours, in the manner provided in LAC 33:I.3923, any sites where hazardous substances have been, or could have been, disposed of or discharged. This Section sets forth the requirements for reporting such sites.

B. Mandatory Reporting

1. The following persons are required to notify the department of the discharge, emission, or disposal of any hazardous substance at an inactive or uncontrolled site:

a. the owner, operator, or lessee of the site;

b. any person who has directly contracted for the transportation of any hazardous substance to the site;

c. any person who generated any hazardous substance that was discharged or disposed of at the site; or

d. any person who discharged or disposed of any hazardous substance at a site.

2. The department must be notified regardless of whether the contaminants were discovered before or after the effective date of these regulations.

3. The department shall be notified in writing, using the procedures provided in LAC 33:I.3925.B and C, within 30 calendar days of the discovery of the discharge or disposal of any hazardous substance at an inactive or uncontrolled site. The date that the department was officially notified shall be determined as follows:

a. if the report was sent by U.S. mail or other courier service (e.g., Federal Express, United Parcel Service), the notification date shall be the date of the postmark on the envelope containing the written report; or

b. if the report was delivered by other means (e.g., hand-delivered, telefaxed), the notification date shall be the date of receipt of the report by the department.

4. Persons making written notification shall provide the following information, if known:

a. the location of the inactive or uncontrolled site;

b. the types of hazardous substances disposed of or discharged at the site;

c. the amounts of such hazardous substances;

d. other names the plant, facility, or site operated under in the past; and

e. the history of operations at the site.

5. The following discharges or disposals are exempt from these notification requirements; however, such exemption does not imply a release from liability in future actions by the department:

a. application of pesticides and other agricultural chemicals;

b. use of hazardous substances for domestic purposes;

c. a discharge or disposal in accordance with a permit or license issued by the department;

d. a discharge or disposal previously reported to the department in fulfillment of a reporting requirement in these regulations or in another law or regulation;

e. a discharge or disposal from the primary production, exploration, or distribution of petroleum or natural gas that would be regulated by the Louisiana Department of Natural Resources; or

f. a discharge or disposal of pesticides or agricultural chemicals that would be regulated by the Louisiana Department of Agriculture and Forestry.

C. Voluntary Reporting. In addition to the mandatory reporting by those persons listed under Subsection B of this Section, all members of the public are encouraged to report to the department any suspected discharge, disposal, or presence of any hazardous substance at any inactive or uncontrolled site. This voluntary reporting can be made by contacting SPOC in the manner provided in LAC 33:I.3923.

D. Other Site Discovery Mechanisms. The department may take any other actions it determines appropriate to identify inactive or uncontrolled sites where the department suspects hazardous substances have been discharged or disposed or are currently present.

1. Potentially contaminated sites may be discovered by the department using:

a. information from or investigations by other governmental agencies or offices including, without limitation, local governmental departments, the Louisiana Department of Health and Hospitals, the United States Environmental Protection Agency, and any offices or divisions within the department;

b. information available in any permit or license application, hazardous substance or hazardous material release report, or other submittals to any state, federal, or local agency or office; or

c. bankruptcy notices.

2. Without limiting the foregoing, the department may investigate any facilities or sites that belong to certain classes of government or industrial activities or any activities conducted in environmentally sensitive areas.

La. Admin. Code tit. 33, § VI-201

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2182 (November 1999), amended LR 26:2511 (November 2000), LR 28:1762 (August 2002), LR 30:1675 (August 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2484 (October 2005), LR 33:2137 (October 2007).

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