HLS 10RS-3804 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. 1476 (Substitute for House Bill No. 1258 by Representative
Harrison)
BY REPRESENTATIVE HARRISON
ENVIRONMENT/QUALI TY DEPT: Provides emergency response standards for certain
facilities
AN ACT1
To enact R.S. 30:2154(B)(9) and to repeal R.S. 30:2157 and 2157.1, relative to providing2
for permits, licenses, registrations, variances, or compliant schedules issued by the3
Department of Environmental Quality; to provide for emergency response standards;4
to provide for certification of certain abilities of local fire departments; to provide5
for the emergency response standards of certain solid waste facilities; and to provide6
for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 30:2154(B)(9) is hereby enacted to read as follows: 9
ยง2154. Powers; duties; restrictions; prohibitions; penalties10
* * *11
B. The secretary is hereby directed:12
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(9) To promulgate regulations, prior to July 1, 2011, for all applicants14
specifying emergency response requirements that include the preparation of an15
emergency response plan for any applicant seeking a permit to process or dispose of16
solid waste. All potential applicants who seek to obtain a permit to process or17
dispose of solid waste shall be required to file an emergency response plan in18
compliance with the promulgated regulations as a special structures plan review with19 HLS 10RS-3804 ORIGINAL
HB NO. 1476
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the state fire marshal. No application for a permit to process or dispose of solid1
waste shall be filed with nor accepted by the department prior to the applicant2
obtaining approval of the emergency response plan from the state fire marshal's3
office. The provisions of this Paragraph shall not apply to an industrial solid waste4
disposal facility which also disposes of residential, commercial, construction or5
demolition debris, or wood waste.6
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Section 2. R.S. 30:2157 and 2157.1 are hereby repealed in their entirety.8
Section 3. Section 2 of this Act shall become effective upon the effective date of the9
rules and regulations promulgated pursuant to Section 1 of this Act.10
Section 4. Sections 1 and 3 and this Section of this Act shall become effective on11
July 1, 2010; if vetoed by the governor and subsequently approved by the legislature, this12
Act shall become effective on July 1, 2010, or on the day following such approval by the13
legislature, whichever is later.14
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. 1476
Abstract: Requires rules and regulations to be promulgated to require applicants for certain
solid waste permits to have an emergency response plan approved by the state fire
marshal prior to applying for such permit.
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 requires rules or regulations to be promulgated by the Dept. of Environmental
Quality prior to July 1, 2011 providing for emergency response requirements that include
the preparation of an emergency response plan by an applicant seeking a permit to process
or dispose of solid waste.
Proposed law provides that such applicants shall be required to file an emergency response
plan as a special structures plan review with the state fire marshal. Such application shall
not be filed with nor accepted by the department prior to the approval of the emergency
response plan from the state fire marshal's office. HLS 10RS-3804 ORIGINAL
HB NO. 1476
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are additions.
Proposed law provides that proposed law shall not apply to an industrial solid waste disposal
facility which also disposes of residential, commercial, construction or demolition debris,
or wood waste.
Section 2 effective upon the effective date of rules and regulations promulgated by DEQ.
Effective July 1, 2010.
(Adds R.S. 30:2154(B)(9), Repeals R.S. 30:2157 and 2157.1)