La. Admin. Code tit. 33 § I-109

Current through Register Vol. 50, No. 8, August 20, 2024

Section I-109 - Notification Requirements

A. The department shall provide notification to the public for sites within the department's regulatory jurisdiction, as reasonably determined by the department to be appropriate in accordance with the considerations identified in this Chapter.

B. The department shall issue notice of a release that poses a significant risk of adverse health effects to persons whom the department reasonably determines are likely to be adversely affected by the release.

C. The department may prioritize sites for provision of notice, as appropriate, according to the factors identified in this Section, although notice should in all events be given as soon as reasonably practicable.

D. The following chart provides the content and time frame for providing notification.

	Public Notice No. 1	Public Notice No. 2
Triggering Event	When the department becomes aware of information and determines that a release is likely to have off-site impacts that exceed the applicable federal or state health and safety standard and pose a significant risk of adverse health effects.	When the department confirms off-site impact that exceeds the applicable federal or state health and safety standard and the department determines that the off-site impact poses a significant risk of adverse health effects.
When to Provide Public Notice	When an emergency or exigent circumstance exists, notice shall be given as soon as practicable under the circumstances by using any reasonable means or, otherwise, within 30 days of the triggering event.	When an emergency or exigent circumstance exists, notice shall be given as soon as practicable under the circumstances by using any reasonable means or, otherwise, within 30 days of the triggering event.
Contents of Public Notice	1. Physical address of the release site. 2. Description of the contaminant. 3. Corrective action efforts. 4. Name, phone number, and address of contact person for both the responsible party and the department. 5. Other information the department determines is necessary to protect human health and the environment.	1. Physical address of the release site. 2. Description of the contaminant. 3. Corrective action efforts. 4. Any potential adverse health effects. 5. Name, phone number, and address of contact person for both the responsible party and the department. 6. Other information the department determines is necessary to protect human health and the environment.

E. Procedure for Providing Notice to the Public

1. The public notice required by this Chapter must be:

a. communicated in plain language;

b. printed and formatted in a manner that promotes the purpose of the notice when the notice is printed or posted;

c. free of language that nullifies the purpose of the notice;

d. displayed in a conspicuous way when printed or posted; and

e. sized 3 inches x 5 inches, at a minimum, in newspapers, parish journals, etc., when published in such publications.

2. The public notice shall be provided by means reasonably calculated to reach those members of the public directly affected by the release, as determined by the department, and may include, but not be limited to:

a. public notice in local newspapers;

b. block advertisements;

c. public service announcements;

d. direct mailings;

e. personal contacts;

f. press releases;

g. press conferences; and

h. posting on the department's website.

La. Admin. Code tit. 33, § I-109

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 29:2040 (October 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.