La. Admin. Code tit. 33 § VI-505

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

Section VI-505 - Removal Action

A. A removal action is a remedial action performed by the department, or by one or more PRPs as directed by the department, wherein hazardous substances, contaminated soils, and/or other contaminated media are taken from the site to a permitted facility for treatment, storage, or disposal.

1. Removal actions may:

a. achieve the RECAP standards for the site as a whole;

b. achieve the RECAP standards for a part of the site; or

c. provide a partial remedy (i.e., provide a remedy for some of the hazardous substances from all or part of the site, but not completely achieve the RECAP standards).

2. Removal actions shall be consistent with the final remedy (defined in LAC 33:VI.511) if the final remedy is known.

3. The success of the removal action shall be verified by the department, or PRPs as directed by the department, using confirmation sampling.

4. If the removal action results in achievement of the RECAP standards established by the department, the Office of Environmental Assessment may determine that no further action is required. The department may then issue a decision document stating that the removal action is the final remedy and no further action is required.

5. If the removal action does not result in the achievement of the RECAP standards, as established by the department for the site as a whole, additional remedial actions (LAC 33:VI.507-515) shall be taken by the department, or by PRPs as directed by the department.

B. A removal action work plan shall be prepared by the Office of Environmental Assessment, or by PRPs as directed by the department. Any plan prepared by PRPs shall be reviewed and approved by the department prior to the commencement of the removal action. The department will provide comments to the PRPs and require revisions as necessary before approving the PRPs' plan. The minimum requirements for a removal action work plan include:

1. a description of existing site conditions and a summary of all available data relevant to the removal action at the site;

2. a description of the intended removal action activities;

3. a sampling and analysis plan; and

4. a site-specific health and safety plan.

C. Opportunities for public participation may be provided by the department, or PRPs as directed by the department, in accordance with LAC 33:VI.Chapter 8.

La. Admin. Code tit. 33, § VI-505

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2187 (November 1999), amended LR 26:2512 (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 432140 (11/1/2017).

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