Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation
Chapter 9 - Voluntary Remediation
Section VI-915 - Additional Requirements for Partial Voluntary Remedial Actions
Universal Citation: LA Admin Code VI-915
Current through Register Vol. 50, No. 9, September 20, 2024
A. Criteria for Partial Remediation. The administrative authority may approve a voluntary remediation application for partial voluntary remedial action submitted in accordance with LAC 33:VI.911, provided:
1.
the applicant is a nonresponsible person;
2. the voluntary remedial action plan
provides for all remedial actions necessary to allow for any proposed reuse or
redevelopment of the site in a manner that does not pose a significant threat
to public health, safety, and welfare and the environment;
3. the remedial action and the activities
associated with any proposed reuse or redevelopment of the site will not:
a. aggravate or contribute to discharges or
disposals or threatened discharges or disposals that are not required to be
removed or remedied under the voluntary remedial action plan; and
b. interfere with or substantially increase
the cost of future remedial actions to address the remaining discharges or
disposals or threatened discharges or disposals; and
4. that prior to approval of the voluntary
remediation application, the owner of the voluntary remediation site agrees, in
writing, to the following terms necessary to carry out remedial actions to
address the remaining discharges or disposals or threatened discharges or
disposals:
a. to cooperate with the
administrative authority or his authorized representatives in taking remedial
actions necessary to investigate or address remaining discharges or disposals
or threatened discharges or disposals, including:
i. providing access to the property to the
administrative authority and his authorized representatives;
ii. allowing the administrative authority or
his authorized representatives to undertake activities at the property,
including placement of borings, wells, equipment, and structures on the
property; and
iii. granting
rights-of-way, servitudes, or other interests in the property to the department
for any of the purposes provided in Clause A.4.a.i or ii of this
Section;
b. to avoid any
action that interferes with the remedial actions in Subparagraph A.4.a of this
Section; and
c. to impose
restrictions on the future use of the property as provided in Subsection C of
this Section.
B. Written Agreement. The written agreement provided for in Paragraph A.4 of this Section shall be binding on the successors and assigns of the owner, and the owner shall record the agreement, or a memorandum approved by the administrative authority summarizing the agreement, with the clerk of court in the official records of the parish where the voluntary remediation site is located prior to the issuance of a certificate of completion for the site.
C. Future Use Restrictions for Voluntary Remediation Sites Subject to Partial Voluntary Remedial Actions
1. Use Restrictions Mandatory. No partial
voluntary remedial action shall be approved and no certificate of completion
shall be issued for the partial voluntary remedial action unless the owner of
the voluntary remediation site imposes and records necessary restrictions on
the future use of the site, as provided in this Subsection.
2. Determination of Use Restrictions. The
administrative authority shall determine the appropriate restrictions on the
future use of the site that are necessary to prevent a significant threat to
the public health, safety, and welfare and the environment. The administrative
authority may conduct public hearings in the parish where the site is located
to determine the reasonableness and appropriateness of such
restrictions.
3. Imposition and
Recordation of Use Restrictions. The owner of the voluntary remediation site
shall impose restrictions on the future use of the site, as determined by the
administrative authority under Paragraph C.2 of this Section, and shall record
the use restrictions with the clerk of court in the official records of the
parish in which the site is located prior to the issuance of a certificate of
completion for the site. If such use restrictions are excessively lengthy and
complex, the administrative authority may allow, on a site-specific basis, a
notice of the use restrictions to be recorded in the parish records instead of
the actual use restrictions. The form and content of the notice must be
acceptable to the administrative authority.
4. Modification or Removal of Use
Restrictions
a. Restrictions on the future
use of the voluntary remediation site shall not be modified, canceled, or
removed unless authorized in advance by the administrative authority.
b. The administrative authority shall not
authorize the modification, cancellation, or removal of restrictions on the
future use of the site unless the site is further remediated to remove or
remedy the remaining discharges or disposals or threatened discharges or
disposals under the requirements of this Chapter.
c. The administrative authority must conduct
at least one public hearing in the parish in which the site is located at least
30, and not more than 60, days prior to authorizing the modification,
cancellation, or removal of restrictions on the future use of the site as
provided in Subparagraphs C.4.a and b of this Section.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2285 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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