HLS 10RS-1999 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1258
BY REPRESENTATIVE HARRISON
ENVIRONMENT/QUALITY DEPT: Provides with respect to applications for industrial
facilities
AN ACT1
To amend and reenact R.S. 30:2157(B) and 2157.1(A), (B), (C), and (E) and to enact R.S.2
30:2014(A)(3), relative to providing for permits, licenses, registrations, variances,3
or compliant schedules issued by the Department of Environmental Quality; to4
provide for emergency response standards; to provide for certification of certain5
abilities of local fire departments; to provide for the emergency response standards6
of certain solid waste facilities; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 30:2157(B) and 2157.1(A), (B), (C), and (E) are hereby amended and9
reenacted and R.S. 30:2014(A)(3) is hereby enacted to read as follows:10
§2014. Permits, licenses, registrations, variances, and monitoring fees11
A.12
* * *13
(3) Any rule or regulation promulgated pursuant to this Subtitle requiring14
certification of a local fire department's ability to respond to emergencies at the15
applicant's activity prior to the issuance of any permit, licenses, registration,16
variance, or compliant schedule, shall require such certification by the state fire17
marshal.18
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HB NO. 1258
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§2157. Emergency response standards1
* * *2
B. The applicant shall obtain certification from the local fire department state3
fire marshal as to whether or not that the local fire department has the ability to meet4
the response requirements of Section 472 of the Life Safety Code of the National5
Fire Protection Association. The applicant shall obtain certification from the local6
emergency medical services agency as to whether or not that agency has the ability7
to meet the response requirements of Section 473 of the Life Safety Code of the8
National Fire Protection Association. The applicant shall obtain certification from9
the local hospital as to whether they are able to accept and treat patients who are10
contaminated with hazardous materials.11
* * *12
§2157.1. Type 2 and type 3 emergency Emergency response standards; residential,13
commercial, construction, and demolition14
A. Prior to the issuance of the permit, an applicant for a type 2 residential or15
commercial solid waste disposal facility or type 3 a construction or demolition debris16
or wood waste solid waste disposal facility shall review and consider the ability of17
the local emergency response agencies and medical care facilities to respond to a18
hazardous material incident at the facility subject to the permit.19
B. The secretary shall promulgate rules designed to develop meaningful,20
understandable, and concise emergency response standards for type 2 residential or21
commercial solid waste disposal facilities and type 3 construction or demolition22
debris or wood waste solid waste disposal facilities.23
C. The applicant shall obtain certification from the local fire department state24
fire marshal as to whether or not that the local fire department has the ability to meet25
the response requirements as set forth in emergency response regulations26
promulgated by the secretary. The applicant shall obtain certification from the local27
emergency medical services agency as to whether or not that agency has the ability28
to meet the response requirements as set forth in emergency response regulations29 HLS 10RS-1999 ORIGINAL
HB NO. 1258
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
promulgated by the secretary. The applicant shall obtain certification from the local1
hospital as to whether it is able to accept and treat patients who are contaminated2
with hazardous materials.3
* * *4
E. The provisions of this Section shall not apply to a type 1 industrial solid5
waste disposal facility which is also a type 2 or type 3 facility disposes residential,6
commercial, construction or demolition debris, or wood waste.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harrison HB No. 1258
Abstract: Provides for certification of local fire departments by the state fire marshal prior
to the issuance of certain permit, licenses, registration, variance, or compliant
schedule.
Proposed law requires any rule or regulation promulgated by the Dept. of Environmental
Quality requiring certification of a local fire department's ability to meet the response to
emergencies at the applicant's activity prior to the issuance of any permit, licenses,
registration, variance, or compliant schedule, shall require such certification by the state fire
marshal.
Present law requires applicants for a solid waste disposal facility permit to obtain
certification from the local fire department as to the department's ability to meet certain
response standards. Industrial waste disposal facilities response standards are the
requirements of Section 472 of the Life Safety Code of the National Fire Protection
Association. Residential or commercial solid waste disposal facilities and construction or
demolition debris or wood waste solid waste disposal facilities response standards are
promulgated by rules and regulations by the secretary of the Dept. of Environmental Quality.
Proposed law changes the certification of the local fire departments ability to respond from
the local fire department to the state fire marshal.
Present law requires applicants for a solid waste disposal facility permit to obtain
certification from local emergency medical services and from local hospitals to meet certain
response requirements.
Proposed law retains present law.
(Amends R.S. 30:2157(B) and 2157.1(A), (B), (C), and (E); Adds R.S. 30:2014(A)(3))