La. Admin. Code tit. 33 § VI-915

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

Section VI-915 - Additional Requirements for Partial Voluntary Remedial Actions

A. Criteria for Partial Remediation. The administrative authority may approve a voluntary remediation application for partial voluntary remedial action submitted in accordance with LAC 33:VI.911, provided:

1. the applicant is a nonresponsible person;

2. the voluntary remedial action plan provides for all remedial actions necessary to allow for any proposed reuse or redevelopment of the site in a manner that does not pose a significant threat to public health, safety, and welfare and the environment;

3. the remedial action and the activities associated with any proposed reuse or redevelopment of the site will not:

a. aggravate or contribute to discharges or disposals or threatened discharges or disposals that are not required to be removed or remedied under the voluntary remedial action plan; and

b. interfere with or substantially increase the cost of future remedial actions to address the remaining discharges or disposals or threatened discharges or disposals; and

4. that prior to approval of the voluntary remediation application, the owner of the voluntary remediation site agrees, in writing, to the following terms necessary to carry out remedial actions to address the remaining discharges or disposals or threatened discharges or disposals:

a. to cooperate with the administrative authority or his authorized representatives in taking remedial actions necessary to investigate or address remaining discharges or disposals or threatened discharges or disposals, including:

i. providing access to the property to the administrative authority and his authorized representatives;

ii. allowing the administrative authority or his authorized representatives to undertake activities at the property, including placement of borings, wells, equipment, and structures on the property; and

iii. granting rights-of-way, servitudes, or other interests in the property to the department for any of the purposes provided in Clause A.4.a.i or ii of this Section;

b. to avoid any action that interferes with the remedial actions in Subparagraph A.4.a of this Section; and

c. to impose restrictions on the future use of the property as provided in Subsection C of this Section.

B. Written Agreement. The written agreement provided for in Paragraph A.4 of this Section shall be binding on the successors and assigns of the owner, and the owner shall record the agreement, or a memorandum approved by the administrative authority summarizing the agreement, with the clerk of court in the official records of the parish where the voluntary remediation site is located prior to the issuance of a certificate of completion for the site.

C. Future Use Restrictions for Voluntary Remediation Sites Subject to Partial Voluntary Remedial Actions

1. Use Restrictions Mandatory. No partial voluntary remedial action shall be approved and no certificate of completion shall be issued for the partial voluntary remedial action unless the owner of the voluntary remediation site imposes and records necessary restrictions on the future use of the site, as provided in this Subsection.

2. Determination of Use Restrictions. The administrative authority shall determine the appropriate restrictions on the future use of the site that are necessary to prevent a significant threat to the public health, safety, and welfare and the environment. The administrative authority may conduct public hearings in the parish where the site is located to determine the reasonableness and appropriateness of such restrictions.

3. Imposition and Recordation of Use Restrictions. The owner of the voluntary remediation site shall impose restrictions on the future use of the site, as determined by the administrative authority under Paragraph C.2 of this Section, and shall record the use restrictions with the clerk of court in the official records of the parish in which the site is located prior to the issuance of a certificate of completion for the site. If such use restrictions are excessively lengthy and complex, the administrative authority may allow, on a site-specific basis, a notice of the use restrictions to be recorded in the parish records instead of the actual use restrictions. The form and content of the notice must be acceptable to the administrative authority.

4. Modification or Removal of Use Restrictions

a. Restrictions on the future use of the voluntary remediation site shall not be modified, canceled, or removed unless authorized in advance by the administrative authority.

b. The administrative authority shall not authorize the modification, cancellation, or removal of restrictions on the future use of the site unless the site is further remediated to remove or remedy the remaining discharges or disposals or threatened discharges or disposals under the requirements of this Chapter.

c. The administrative authority must conduct at least one public hearing in the parish in which the site is located at least 30, and not more than 60, days prior to authorizing the modification, cancellation, or removal of restrictions on the future use of the site as provided in Subparagraphs C.4.a and b of this Section.

La. Admin. Code tit. 33, § VI-915

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 27:518 (April 2001).

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