La. Admin. Code tit. 33 § VI-405

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

Section VI-405 - Demand for Remediation to PRPs

A. Upon its determination that a discharge or disposal of a hazardous substance has occurred, or is about to occur, that could present an imminent and substantial endangerment to human health or the environment, the administrative authority shall issue a written demand for remediation to PRPs that have been identified by the administrative authority at the time the determination is made. This demand shall be made in accordance with R.S. 30:2275 and sent by certified mail.

B. Upon receipt of a demand for remediation, a PRP must respond to the administrative authority within 60 calendar days with a good faith proposal to undertake the remedial actions approved by the administrative authority in accordance with LAC 33:VI.705.B. The administrative authority may grant reasonable extensions to the 60-day period upon written request submitted by a PRP prior to the expiration of the initial period.

C. If any PRP fails to respond to a demand for remediation sent in accordance with this Section, the administrative authority may take all actions authorized under the Act.

D. If, after investigation, the administrative authority determines that it is not feasible to make demand on every known PRP for a particular site in accordance with R.S. 30:2275(D) and these regulations, then such demand may be limited to those parties determined most responsible by the administrative authority.

La. Admin. Code tit. 33, § VI-405

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2186 (November 1999).

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