La. Admin. Code tit. 33 § VI-401

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

Section VI-401 - PRP Search

A. Purpose

1. The purpose of this Chapter is to provide a mechanism for the department to ensure that the costs of remedial actions are borne by the potentially responsible parties for each site where hazardous substances are present, while at the same time reserving for the department the right to respond as quickly as possible to sites where hazardous substances could be present and the right to institute legal actions against those parties potentially responsible for remedial costs.

2. The department shall seek to identify potentially responsible parties (PRPs) and shall notify them that they are required to provide information to the department. The determination of who will be required to provide information shall be made at the sole discretion of the department. The department's failure to notify any particular PRP to submit information shall not preclude enforcement action by the department against that PRP or any other PRP, including actions for the recovery of remedial costs by the department, nor shall it preclude the department from taking any other action in accordance with the Act, these regulations, or any other law.

B. Preliminary PRP List

1. The department may develop an initial list of PRPs if:

a. there is an actual or potential discharge or disposal that could present an imminent and substantial endangerment to human health or the environment at a pollution source or facility; and

b. if the department finds that any of the parties:

i. generated a hazardous substance that was disposed of or discharged at the pollution source or facility;

ii. transported a hazardous substance that was disposed of or discharged at the pollution source or facility;

iii. disposed of or discharged a hazardous substance at the pollution source or facility;

iv. contracted with a person for transportation or disposal of a hazardous substance at the pollution source or facility; or

v. owns or owned or operates or operated the pollution source or facility subsequent to the disposal of a hazardous substance.

2. Additional PRPs may be added to the preliminary list at any time if the administrative authority determines that other parties fit within the categories of persons potentially responsible for the site.

La. Admin. Code tit. 33, § VI-401

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2185 (November 1999).

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