Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation
Chapter 6 - Cost Recovery
Section VI-601 - Purpose and Scope
Universal Citation: LA Admin Code VI-601
Current through Register Vol. 50, No. 9, September 20, 2024
A. This Chapter shall govern the recovery of remedial costs incurred on or after the effective date of these regulations. Nothing herein shall prevent the department from recovering remedial costs incurred prior to the effective date of these regulations.
B. As stated in R.S. 30:2271, all remedial costs incurred shall be borne by PRPs wherever possible.
C. The department may elect not to pursue cost recovery where, based on information gathered by the department, it reasonably has determined that:
1. no PRPs can be identified;
2. no identified PRP is financially
viable;
3. the PRP identified is a
parish, state or political subdivision of the state, or federal
entity;
4. the department may be
unable to meet its burden of proof on one or more elements of its
case;
5. the time and expense of
the department's effort to recover costs exceed the amount to be
recovered;
6. a legal action,
settlement, or agreement between the PRP(s) and the department or state
precludes past, present, and/or future cost recovery; or
7. the department meets unforeseen legal,
administrative, or programmatic constraints that preclude further attempts at
recovering costs.
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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