Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation
Chapter 3 - Administrative Processes
Section VI-303 - Declaration That a Site Is Abandoned
Universal Citation: LA Admin Code VI-303
Current through Register Vol. 50, No. 9, September 20, 2024
A. Authorization. The department is authorized by Chapter 10 of the Act to declare a site abandoned after appropriate procedures are followed, to impose liens on such property, and to take investigation and remediation actions at such property as the department determines necessary. The department may declare a site to be abandoned upon a finding that the site:
1. has received for
storage, treatment, or disposal or now contains or emits wastes that are
identified, classified, or defined to be hazardous wastes in accordance with
these regulations;
2. was not
closed in accordance with the requirements of the Act, as defined in these
regulations, and other regulations adopted thereunder;
3. constitutes or could constitute a danger
or potential danger to human health and the environment; and
4. has no financially responsible owner or
operator who can be located by the department or has one or more financially
responsible owners or operators who have failed or refused to undertake actions
ordered by the administrative authority in accordance with
R.S.
30:2204(A) or (B).
B. Site Owner(s) Notice and Response
1. Prior to declaring a site to be
an abandoned hazardous waste site, the administrative authority shall seek to
notify each person who the department reasonably believes may own a current
interest in the site that:
a. the site is to
be declared abandoned;
b. the owner
is liable for the costs of the investigation and remediation of the
site;
c. the declaration of
abandonment and/or use of the property for disposal of hazardous wastes may be
recorded in the mortgage records of the parish where the property is located in
accordance with
R.S.
30:2039; and
d. a lien may be imposed on the property in
accordance with
R.S.
30:2225(F)(1).
2. In accordance with
R.S.
30:2225(C), notice shall be
published on three consecutive occasions in the official journal of the parish
where the site to be declared abandoned is located.
3. Within 10 calendar days of the publication
of the last official journal notice, any owner may request a hearing by writing
to the Office of the Secretary regarding the declaration of abandonment. If a
request for a hearing is received, the department shall hold a hearing in
accordance with the Louisiana Administrative Procedure Act,
R.S.
49:950 et seq.
C. Effect of a Declaration of Abandonment
1. Upon declaration that a site is abandoned,
the secretary shall notify the attorney general of such declaration and request
that the attorney general take such specific legal actions as requested by the
department, including:
a. acquiring emergency
easements and rights of way;
b.
conducting negotiations for property acquisition; and
c. exercising the right of eminent domain, as
provided by
R.S.
30:2036, to secure the site or compel cleanup
or containment of hazardous substances consistent with these and other
regulations and guidelines established by the administrative
authority.
2. No
declaration of abandonment or other action by the department in accordance with
this Section shall be construed to result in any transfer of liability to the
state.
3. The administrative
authority may record the declaration of abandonment in the mortgage records of
the parish where the property is located.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2221 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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