HLS 14RS-1689 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1088
BY REPRESENTATIVE BILLIOT
ENVIRONMENT: Provides relative to remedial investigations of certain industrial sites
AN ACT1
To enact R.S. 30:2034, relative to closure of certain facilities; to provide for remedial2
investigations of certain property; to require reporting; to require the submission of3
remedial action work plans; to provide for exceptions; to provide for violations; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 30:2034 is hereby enacted to read as follows:7
ยง2034. Closure of facilities8
A. Prior to vacating any facility located on public land owned or leased from9
the state or any entity defined as a lessor in R.S. 41:1211, or prior to donation of any10
land to the state or such entity, the lessee or prospective donor shall conduct a11
remedial investigation in conformance with R.S. 30:2286.1(A) to determine the12
presence of any hazardous substance, as defined in R.S. 30:2272(6)(a), if any of the13
following conditions exist:14
(1) At any time during the term of the lease or, in the case of a donation, at15
any time prior to donation, any portion of the property was utilized in a manner that16
was subject to any of the following:17
(a) Permitting as a major source of air pollutants.18
(b) Permitting pursuant to Chapter 8 or Chapter 9 of this Subtitle.19 HLS 14RS-1689 ORIGINAL
HB NO. 1088
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are additions.
(c) Classification as major by the department or by the United States1
Environmental Protection Agency for the purposes of the Louisiana Pollutant2
Discharge Elimination System permitting.3
(d) Regulation of any person as a large quantity generator of hazardous4
waste or as a solid or hazardous waste transporter.5
(2) A lessee or prospective donor knows or reasonably should have known6
that any of his activities would result in the discharge or disposal of a hazardous7
substance on the property.8
B. If any evidence of contamination is found on the property pursuant to the9
remedial investigation required by this Section, the lessee or prospective donor shall10
submit the results of the investigation to the secretary within thirty days. Should the11
results show that contaminates on the property exceed any applicable standard, the12
lessee or prospective donor shall submit a remedial action work plan to the secretary13
to address the contamination.14
C. This Section shall not apply to any property that was utilized as a15
permitted landfill or other facility where waste was allowed to remain in place after16
closure pursuant to a permit or rules and regulations adopted by the department or17
to any property that is subject to facility-wide corrective action pursuant to Chapter18
9 of this Subtitle.19
D. The failure to conduct the investigation required by this Section shall be20
a violation of this Subtitle and may subject the lessee or prospective donor to an21
enforcement action in addition to any other liability imposed for remediation of the22
property pursuant to Chapter 12 of this Subtitle.23
E. Nothing in this Section shall relieve the lessee or prospective donor from24
any liability which he would otherwise have in this Subtitle or any other federal or25
state rule or regulation. Additionally, nothing in this Section shall affect the liability26
of any person with respect to any damages caused to third parties.27 HLS 14RS-1689 ORIGINAL
HB NO. 1088
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are additions.
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)]
Billiot HB No. 1088
Abstract: Requires the lessee or prospective donor to conduct a remedial investigation of
certain property prior to vacating.
Proposed law requires that prior to vacating any facility located on public land owned or
leased from the state or any governmental entity, or prior to donation of any land to the state
or such entity, the lessee or prospective donor shall conduct a remedial investigation to
determine the presence of any hazardous substance, if any of the following exist:
(1) The property was used in a manner that required a major air source permit, a solid
waste permit, a hazardous waste permit, a Louisiana Pollutant Discharge Elimination
System permit classified as major by the U.S. Environmental Protection Agency,
regulation as a large quantity generator of hazardous waste, or as a solid or
hazardous waste transporter.
(2)A lessee or prospective donor knows or reasonably should have known that any of
his activities would result in the discharge or disposal of a hazardous substance on
the property.
Proposed law requires that if any evidence of contamination is found on the property
pursuant to the remedial investigation, the results shall be submitted to the secretary within
30 days. Should the results show that contaminates on the property exceed any applicable
standard, the lessee or prospective donor must submit a remedial action work plan to the
secretary.
Proposed law provides that proposed law shall not apply to any property that was utilized
as a permitted landfill or other facility where waste was allowed to remain in place after
closure or to any property that is subject to facility-wide corrective action under present
hazardous waste laws.
Proposed law provides that violations of proposed law may subject the lessee or prospective
donor to an enforcement action in addition to any other liability imposed for remediation of
the property pursuant to present law.
Proposed law provides that proposed law shall not relieve the lessee or prospective donor
from any liability which he would otherwise have under present law or any other federal or
state rule or regulation. Additionally, proposed law shall not affect the liability of any
person with respect to any damages caused to third parties.
(Adds R.S. 30:2034)