Terms Used In Louisiana Revised Statutes 30:2364

  • Commission: means the Emergency Response Commission appointed by the governor to implement the mandates of the Superfund Amendments and Reauthorization Act passed by the United States Congress in 1986. See Louisiana Revised Statutes 30:2363
  • Department: means the Department of Public Safety and Corrections. See Louisiana Revised Statutes 30:2363
  • Deputy secretary: means the deputy secretary for the office of public safety services in the Department of Public Safety and Corrections. See Louisiana Revised Statutes 30:2363
  • Hazardous material: means any substance deemed a hazardous material or a hazardous substance and included on a list adopted by rule by the deputy secretary to include those materials deemed hazardous under the Comprehensive Environmental Response Compensation Liability Act (CERCLA), the Superfund Amendments and Reauthorization Act (SARA, Title III U. See Louisiana Revised Statutes 30:2363
  • Inventory form: means the reporting form adopted by the department, and completed by owners and operators, which contains certain requested information on hazardous materials and which is used in developing the information system mandated by this Chapter. See Louisiana Revised Statutes 30:2363
  • Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004

The Hazardous Material Information Development, Preparedness, and Response Advisory Board is hereby abolished and in its place the Emergency Response Commission, which is appointed by the governor, is hereby established and will assume the advisory function of the board.  The secretary of the Louisiana Department of Environmental Quality or his designee shall also serve as a member of the Emergency Response Commission.  This commission shall function under the supervision and authority of the deputy secretary, Department of Public Safety and Corrections, public safety services, office of the state police, and shall also be responsible for the following:

(1)  Establishing emergency planning districts.

(2)  Appointing local emergency planning committees.

(3)  Supervising and coordinating the activities of the local emergency planning committees.

(4)  Providing the administrator of the United States Environmental Protection Agency with information concerning notification received on certain releases of hazardous materials and substances.

(5)  Designating, as necessary, additional facilities to be covered under this Chapter.

(6)  Recommending a standardized inventory form to be used in gathering the required information under this Chapter and providing for alternative reporting procedures to reduce duplication of reporting.

(7)  Recommending, as necessary, additional substances which should be defined as hazardous materials based on location, toxicology, known short and long term health effects, and other characteristics.

(8)  Acting as the centralized advisory body for coordinating the state and federal activities concerning community “Right-to-Know” legislation with regard to hazardous materials and substances.

(9)  Establishing procedures for receiving and processing requests from the public for information.

(10)  Reviewing local emergency planning committee (LEPC) emergency response plans and making recommendations to the LEPC on revisions of the plan that may be necessary to ensure the coordination of such plan with emergency response plans of other emergency planning districts.

Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1; Acts 1997, No. 1046, §1.