La. Admin. Code tit. 33 § VI-205

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

Section VI-205 - Preliminary Evaluation

A. The department may conduct a preliminary evaluation at any time after a site has been placed in the integrated data management database. The order in which sites are selected for evaluation shall be determined by the department, at its sole discretion, based upon available information and case assignment strategy.

B. The purpose of a preliminary evaluation is to provide sufficient information to make a determination for the disposition of the site by the department. To determine the disposition of a site the department may:

1. determine whether the site could best be handled under the authority of the United States Environmental Protection Agency or by state regulatory authority;

2. for sites under state authority, determine which state regulatory authority has jurisdiction over the site;

3. determine whether there is adequate evidence that hazardous substances have been discharged or disposed of at a site;

4. identify the hazardous substances (if present) and collect information regarding the extent and concentration of such substances;

5. identify site characteristics that could result in movement of the hazardous substances present at the site into or through the environment;

6. perform an initial evaluation of the potential risk to human health or the environment posed by the site; or

7. determine whether further investigation or action is necessary.

C. The owners, lessees, or agents in charge of sites undergoing evaluation shall:

1. provide the department, when applicable, with access to the site and to any buildings or structures on the site in accordance with R.S. 30:2012; and

2. allow the department to collect environmental samples at the site. If sampling is necessary, the department will make a reasonable attempt to notify the owner, lessee, or agent in charge in advance of the sampling date. If requested and if practical, the owner, lessee, or agent in charge will be allowed a split of any samples taken by the department. However, it is the responsibility of the owner, lessee, or agent in charge to obtain proper sample containers to receive the split samples and to provide for analysis at a laboratory. A copy of the chain of custody for the samples will be given to the owner, lessee, agent in charge, or their representative if present at the site at the time of sampling. A copy of the analytical results obtained by the department will be provided to the owner, lessee, or agent in charge.

D. If the department evaluates a site and assigns it confirmed site status, costs incurred by the department for that evaluation shall be recoverable as described in these regulations.

La. Admin. Code tit. 33, § VI-205

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2183 (November 1999).

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