La. Admin. Code tit. 33 § VI-907

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

Section VI-907 - Liability and Exemptions from Liability

A. Persons Exempt from Liability. Following a completed voluntary remedial action and issuance of a certificate of completion, the following persons shall be exempt from liability provided in R.S. 30:Chapter 12.Part I and LAC 33:VI:

1. the person who undertook and completed the voluntary remedial action at the voluntary remediation site;

2. the owner of the voluntary remediation site, if he is not a responsible person;

3. a person who acquires or develops all or part of the voluntary remediation site;

4. a successor or assignee of any person to whom the liability exemption applies; and

5. a person who provides financing for the implementation of the voluntary remedial action plan or for the development of the voluntary remediation site in accordance with the applicable use restrictions.

B. Persons Not Exempt from Liability. Notwithstanding Subsection A of this Section, the exemption from liability provided in this Chapter does not apply to:

1. a person who aggravates or contributes to a discharge or disposal or threatened discharge or disposal that was not remedied under an approved voluntary remedial action plan;

2. a person who was a responsible person under R.S. 30:Chapter 12.Part I and LAC 33:VI for a discharge or disposal or threatened discharge or disposal that was identified in the approved voluntary remedial action plan before taking an action that would have made the person subject to the exemptions under Paragraphs A.2-5 of this Section; or

3. a person who obtains approval of a voluntary remedial action plan by fraud or misrepresentation or by knowingly failing to disclose material information, or who knows that the approval was so obtained before taking an action that would have made the person subject to the exemptions from liability under Subsection A of this Section.

C. Performance Liability. Persons specified in Subsection A of this Section shall not be liable for aggravating or contributing to any discharge or disposal or threatened discharge or disposal identified in an approved voluntary remedial action plan, for the purpose of Paragraph B.1 of this Section, as a result of their performance of the remedial actions required in accordance with the plan and the direction of the administrative authority. Nothing in this Chapter relieves a person of any liability for failure to perform the work required by the plan in a workman-like manner and in accordance with generally accepted standards of performance and operation applicable to such remedial work.

D. Liability from Participation. No person who is not already liable for a site under R.S. 30:Chapter 12.Part I or LAC 33:VI shall incur such liability from simply having participated in the voluntary remediation program, except as provided in Paragraph B.1 and Subsection C of this Section.

La. Admin. Code tit. 33, § VI-907

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 27:515 (April 2001).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2285 et seq.