La. Admin. Code tit. 33 § VI-501

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

Section VI-501 - Remedial Actions

A. A remedial action is an action that reduces a threat to human health or the environment by eliminating or substantially reducing one or more pathways for exposure to a hazardous substance at a site or corrects a threat to human health or the environment that could become substantially worse or cost substantially more to address if the action is delayed.

B. The Office of Environmental Assessment shall consider the following factors in determining the need for or the appropriateness of a remedial action consistent with Subsection A of this Section:

1. actual or potential exposure from hazardous substances to nearby human populations, animals, or the food chain;

2. actual or potential contamination of drinking water supplies or sensitive ecosystems by hazardous substances;

3. the threat of release of hazardous substances in drums, barrels, tanks, or other bulk storage containers;

4. the threat of migration of hazardous substances from the site;

5. the threat of release or migration of hazardous substances or pollutants or contaminants caused by weather conditions;

6. the threat of fire or explosion;

7. the availability of other federal or state remedial mechanisms to respond to the release; or

8. the presence of other situations or factors that could pose threats to human health or the environment.

C. Remedial actions may occur at any time after site discovery. However, if the remedial action is performed prior to or in conjunction with a state preliminary evaluation, sufficient technical information regarding the site must be available to ensure that the remedial action is warranted and appropriate.

D. Remedial actions shall be implemented until the Risk Evaluation/Corrective Action Program (RECAP) standards developed in accordance with LAC 33:I.Chapter 13 have been attained. Remedial actions shall not be used to delay more feasible remedial actions.

E. The landowner must record a notation on the conveyance to the site property, or on some other instrument that is normally examined during a title search, that will in perpetuity notify any potential buyer of the property that the site has hazardous substances remaining at levels above department RECAP standards for residential use.

La. Admin. Code tit. 33, § VI-501

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2186 (November 1999), amended LR 26:2511 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2137 (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. and 2271 et seq.