La. Admin. Code tit. 33 § VI-703

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

Section VI-703 - Cooperative Agreements

A. Cooperative agreements may be used to reflect agreements by PRPs to conduct any remedial action at a site or to reimburse the department for remedial costs. This does not preclude the use of enforcement action, if necessary.

B. The department may enter into cooperative agreements with any person for the purpose of conducting any remedial action measures in accordance with these regulations.

C. The department may enter into a cooperative agreement with one or more PRPs as a result of negotiations.

D. Each cooperative agreement shall address the following provisions:

1. a statement of jurisdiction;

2. a description of parties bound;

3. a description of work to be performed or of costs to be paid and a schedule for such work or payment;

4. oversight by the department;

5. access;

6. reporting requirements;

7. project deliverables, including a schedule for submission and revisions;

8. project coordinators;

9. a requirement for certification upon completion of work;

10. reimbursement of remedial costs, if applicable;

11. force majeure;

12. retention of records;

13. notices and submissions;

14. effective date; and

15. appendices.

E. Each cooperative agreement may contain, but not be limited to, the following provisions:

1. indemnification of the department and insurance;

2. stipulated penalties;

3. covenants not to sue;

4. quality assurance/quality control and sampling and data analysis;

5. assurance of financial ability to complete work;

6. emergency response procedures;

7. dispute resolution procedures;

8. information to be provided to the department; and

9. public participation.

La. Admin. Code tit. 33, § VI-703

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2194 (November 1999).

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