La. Admin. Code tit. 33 § VI-601

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

Section VI-601 - Purpose and Scope

A. This Chapter shall govern the recovery of remedial costs incurred on or after the effective date of these regulations. Nothing herein shall prevent the department from recovering remedial costs incurred prior to the effective date of these regulations.

B. As stated in R.S. 30:2271, all remedial costs incurred shall be borne by PRPs wherever possible.

C. The department may elect not to pursue cost recovery where, based on information gathered by the department, it reasonably has determined that:

1. no PRPs can be identified;

2. no identified PRP is financially viable;

3. the PRP identified is a parish, state or political subdivision of the state, or federal entity;

4. the department may be unable to meet its burden of proof on one or more elements of its case;

5. the time and expense of the department's effort to recover costs exceed the amount to be recovered;

6. a legal action, settlement, or agreement between the PRP(s) and the department or state precludes past, present, and/or future cost recovery; or

7. the department meets unforeseen legal, administrative, or programmatic constraints that preclude further attempts at recovering costs.

La. Admin. Code tit. 33, § VI-601

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2192 (November 1999).

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