La. Admin. Code tit. 33 § I-6905

Current through Register Vol. 50, No. 8, August 20, 2024
Section I-6905 - Definitions
A. The following terms as used in this Chapter shall have the meaning listed below.

Act- the Louisiana Environmental Quality Act, R.S. 30:2001 et seq.

Administrative Authority- the Secretary of the Department of Environmental Quality, or his designee or the appropriate assistant secretary or his designee.

Cleanup- all actions taken to contain, collect, control, identify, analyze, treat, disperse, remove, or dispose of pollutants resulting from a release associated with an off-site emergency condition.

Cleanup Costs- all costs incurred by the state or any of its political subdivisions, or their agents, or by any other person participating with the approval of the administrative authority in the cleanup of pollutants resulting from an off-site emergency condition.

Department- the Department of Environmental Quality.

Emergency Abatement- action taken to prevent or control a release or potential release of pollutants that could reasonably be expected to cause an off-site emergency condition.

Emergency Condition- any condition that could reasonably be expected to endanger the health and safety of the public, cause significant adverse impact to the land, water, or air environment, or cause severe damage to property. This definition includes transportation related events, abandoned containers, barrels, and other receptacles.

Emergency Response Storage Facility- a facility used for storage of material generated from the cleanup and/or abatement of an off-site emergency condition.

Off-Site- areas beyond the property boundary of the facility, and areas within the property boundary to which the public has routine and unrestricted access during or outside business hours.

Pollutant- any substance introduced into the environment of the state by any means that would tend to degrade the chemical, physical, or biological integrity of such environment.

Release- the accidental or intentional spilling, pumping, pouring, emitting, escaping, leaching, or dumping of any pollutants into or on any land, air, water, or groundwater. A release shall not include a federal or state permitted release.

Responsible Person- any person owning, handling, storing, transporting, or managing a pollutant that results in an off-site emergency condition. This shall include bailees, carriers, and any other person in control of a pollutant and who may be operating under a lease, contract, or other agreement with the legal owner thereof. For the purposes of this Chapter, responsible persons do not include those innocent landowners who exercise no control or ownership over the materials or activities giving rise to an off-site emergency condition.

Secretary- the Secretary of the Department of Environmental Quality.

SPOC- the Office of Environmental Compliance, Emergency and Radiological Services Division, Single Point of Contact (SPOC).

Transportation- the movement of solid, liquid, or hazardous reusable materials or wastes. This includes, but is not limited to, the transportation of cleanup materials from the site of an off-site emergency condition to a point of collection authorized by the administrative authority.

La. Admin. Code tit. 33, § I-6905

Promulgated by the Department of Environmental Quality, Office of the Secretary, LR 22:977 (October 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2444 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2081 (October 2007).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2011(D)(1), (14), and (15).