Current through Register Vol. 50, No. 9, September 20, 2024
A. Implementation. Voluntary remedial actions
must be performed in accordance with the voluntary remedial action plan
approved by the administrative authority. Any modification in the plan must be
approved by the administrative authority in advance of implementation of the
modification. Modifications that result in a fundamental change of the plan
(e.g., less stringent cleanup standards or changes in remedial approach with
greater local impact, such as bioremediation to incineration) must undergo the
public notice and hearing procedure in LAC 33:VI.911 prior to approval and
implementation.
B. Inspections. The
department reserves the right to inspect and oversee voluntary remedial actions
in accordance with LAC 33:VI.517.
C. Completion of Voluntary Remedial Actions
1. Upon completion of a voluntary remedial
action, the applicant shall submit a voluntary remedial action report, which
must include:
a. a general description of the
remedial action activities conducted at the site;
b. a demonstration that the remedial actions
have resulted in the attainment of the remedial action goals approved by the
department in the voluntary remediation application;
c. a description of the volume and final
disposal or reuse location and a copy of any waste manifests or other
documentation of the disposition for wastes or environmental media that were
removed from the site;
d.
documentation that any physical control and/or treatment system, or combination
of physical controls and treatment systems, have been constructed or completed
and are functioning as described in the remedial design and remedial project
work plan; and
e. other information
that may be required by the department.
2. After satisfactory completion of a
voluntary remedial action demonstrating that the remedial action goals have
been accomplished and approval of the voluntary remedial action report, the
administrative authority shall issue a certificate of completion to the
applicant.
3. Certificates of
completion that are issued to a responsible person for a voluntary remedial
action in which a voluntary remediation site is remediated for industrial use
are valid only as long as the use of the site is industrial. Furthermore, where
the approved remedial action incorporates use restrictions, institutional
controls, or engineering controls, the certificate of completion is subject to
compliance with such use restrictions, institutional controls, or engineering
controls.
D. Termination
at Will. The applicant may terminate participation in the voluntary remediation
program at any time and for any reason, provided that:
1. the applicant provides written notice to
the Office of Environmental Assessment at least 15 days in advance of the
termination;
2. the applicant has
reimbursed the department for any reasonable costs incurred by the department
up through the time of termination; and
3. termination of participation does not pose
an immediate threat to public health, safety, and welfare and the environment
and does not substantially increase the cost of future remediation. (This
Paragraph does not apply to conditions created prior to the participation of
the applicant in the program.)
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2001 et seq., and in particular
R.S.
30:2285 et
seq.
