Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation
Chapter 4 - PRP Search, Notification, and Demand for Remediation
Section VI-401 - PRP Search
Universal Citation: LA Admin Code VI-401
Current through Register Vol. 50, No. 9, September 20, 2024
A. Purpose
1. The purpose of this Chapter is to provide
a mechanism for the department to ensure that the costs of remedial actions are
borne by the potentially responsible parties for each site where hazardous
substances are present, while at the same time reserving for the department the
right to respond as quickly as possible to sites where hazardous substances
could be present and the right to institute legal actions against those parties
potentially responsible for remedial costs.
2. The department shall seek to identify
potentially responsible parties (PRPs) and shall notify them that they are
required to provide information to the department. The determination of who
will be required to provide information shall be made at the sole discretion of
the department. The department's failure to notify any particular PRP to submit
information shall not preclude enforcement action by the department against
that PRP or any other PRP, including actions for the recovery of remedial costs
by the department, nor shall it preclude the department from taking any other
action in accordance with the Act, these regulations, or any other
law.
B. Preliminary PRP List
1. The department may develop an initial
list of PRPs if:
a. there is an actual or
potential discharge or disposal that could present an imminent and substantial
endangerment to human health or the environment at a pollution source or
facility; and
b. if the department
finds that any of the parties:
i. generated a
hazardous substance that was disposed of or discharged at the pollution source
or facility;
ii. transported a
hazardous substance that was disposed of or discharged at the pollution source
or facility;
iii. disposed of or
discharged a hazardous substance at the pollution source or facility;
iv. contracted with a person for
transportation or disposal of a hazardous substance at the pollution source or
facility; or
v. owns or owned or
operates or operated the pollution source or facility subsequent to the
disposal of a hazardous substance.
2. Additional PRPs may be added to the
preliminary list at any time if the administrative authority determines that
other parties fit within the categories of persons potentially responsible for
the site.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2221 et seq., and 2271 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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