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-607 - Determination of Remedial Costs; Demand to PRPs
Universal Citation: LA Admin Code VI-607
Current through Register Vol. 50, No. 9, September 20, 2024
A. Timing. The Office of Environmental Assessment may at any time prepare a written determination of the cost of partial or complete remediation of a site. The department may revise its determination in writing at any time thereafter.
B. Demand to PRPs. The department may seek to recover its remedial costs using any of the means described in the Act and these regulations.
C. Treble Liability
1. PRPs who fail to comply with
demand letters, administrative orders, or court orders concerning the site
without sufficient cause are potentially liable for three times the total
remedial costs.
2. In the event the
court finds any PRP liable for three times the value of the remedial costs
allocated by the court to that PRP, this finding shall not be used to mitigate
the allocated share of other PRPs also found liable for the site.
D. Review of Cost Documentation
1. The department shall provide an
opportunity for review of the cost documentation for a particular site to any
person who has received a demand for payment of remedial costs from the
department. The department may accept written factual information to support
any dispute concerning the calculation of the demand. The department may take
such further action as it determines necessary regarding review.
2. Neither the department's cost
determination nor any administrative review in accordance with Paragraph D.1 of
this Section shall be considered to be an adjudication in accordance with the
Louisiana Administrative Procedure Act,
R.S.
49:950 et seq.
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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