Applicant-a person who has submitted an application, as described in LAC 33:VI.911, to participate in the voluntary remediation program.
Application-a submission to the department, as described in LAC 33:VI.911, for participation in the voluntary remediation program.
Certificate of Completion-written approval for a specific voluntary remediation site issued by the administrative authority to a person who has undertaken and completed a voluntary remedial action at the site in accordance with a previously-approved remedial action plan and that achieved the remedial action goals in the plan. Upon issuance, this approval provides release from liability in accordance with LAC 33:VI.907.
Nonresponsible Person-a person who is not a responsible person as defined in this Section.
Partial Voluntary Remedial Action- a voluntary remedial action for which not all discharges or disposals or threatened discharges or disposals at a voluntary remediation site are removed or remediated (e.g., soils are remediated, but groundwater is not, or only a portion of the site is remediated). Partial voluntary remedial actions must be consistent with RECAP, and any reuse of the site must not pose a significant threat to public health, safety, and welfare and the environment.
RECAP-Louisiana Risk Evaluation/Corrective Action Program as presented in LAC 33:I.Chapter 13.
Responsible Person or Responsible Landowner -a person who is responsible under the provisions of R.S. 30:Chapter 12.Part I and LAC 33:VI for the discharge or disposal or threatened discharge or disposal of a hazardous substance or hazardous waste at a voluntary remediation site, except that, for the purposes of this Chapter, a person who owns or has an interest in a voluntary remediation site is generally not a responsible person or responsible landowner, unless that person:
a. was engaged in the business of generating, transporting, storing, treating, or disposing of a hazardous substance or hazardous waste on or in the site, or knowingly permitted others to engage in such a business on the site;
b. knowingly permitted any person to make regular use of the site for disposal of waste;
c. knowingly permitted any person to use the site for disposal of a hazardous substance;
d. knew or reasonably should have known that a hazardous substance was located in or on the site at the time right, title, or interest in the site was first acquired by the person and engaged in conduct associating that person with the discharge or disposal; or
e. took action that significantly contributed to the discharge or disposal after that person knew or reasonably should have known that a hazardous substance was located in or on the site.
Voluntary Remedial Action-risk-based cleanup of a voluntary remediation site performed in accordance with an approved voluntary remedial action plan. Unless specified as a partial voluntary remedial action, all discharges or disposals or threatened discharges or disposals are removed or remediated. Voluntary remedial actions must be consistent with RECAP.
Voluntary Remediation-participation in the voluntary remediation program, including application, remedial investigation, remedial action, and receipt of certificate of completion.
Voluntary Remediation Program -program operated in accordance with R.S. 30:Chapter 12.Part II and this Chapter, under which persons may apply to the department to investigate, perform voluntary remedial actions at, and receive certificates of completion for voluntary remediation sites.
Voluntary Remediation Site-area of immovable property that is clearly identified by survey and legal description at which a voluntary remedial action is to be performed, is being performed, or has been performed.
La. Admin. Code tit. 33, § VI-903