Terms Used In Louisiana Revised Statutes > Title 35 > Chapter 1 - General Provisions

• Abatement: means any set of measures as determined by the secretary designed to permanently eliminate lead hazards including:

              (a) The removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil. See Louisiana Revised Statutes 30:2351.1

• Account: means the Lead Hazard Reduction Dedicated Fund Account created pursuant to this Chapter. See Louisiana Revised Statutes 30:2351.1
• Accredited training provider: means a person certified by the secretary pursuant to this Chapter to provide training in lead hazard reduction activities. See Louisiana Revised Statutes 30:2351.1
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Certificate: means :

              (a) With regard to a person engaged in a lead hazard reduction activity, a document issued by the secretary, or under the authority of the secretary, affirming that the person successfully has completed the training and other requirements for lead hazard reduction activities. See Louisiana Revised Statutes 30:2351.1

• Certified: means , with regard to a person engaged in a lead hazard reduction activity, that the person successfully has completed the training and other requirements for engaging in lead hazard reduction activities established by the secretary. See Louisiana Revised Statutes 30:2351.1
• Child-occupied facility: means a building or portion of a building or common area, other than the child's principal residence, constructed prior to 1978, and meeting one of the following:

              (a) Is visited regularly by the same child, who is six years of age or younger, on at least two different days within any week, provided that each day's visit lasts at least three hours, that the combined weekly visits last at least six hours, and that the combined annual visits last at least sixty hours. See Louisiana Revised Statutes 30:2351.1

• Continuance: Putting off of a hearing ot trial until a later time.
• Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2351.1
• Employee: means a person currently employed, laid off, terminated with reemployment rights, or on leave of absence who is permitted, required, or directed to engage in any employment by an employer in consideration of direct or indirect gain or profit. See Louisiana Revised Statutes 30:2351.1
• Ex officio: Literally, by virtue of one's office.
• Facility: means a pollution source or any public or private property or facility where an activity is conducted which is required to be regulated under this Subtitle and which does or has the potential to do any of the following:

              (a) Emit air contaminants into the atmosphere. See Louisiana Revised Statutes 30:2004

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspection: means :

              (a) A surface-by-surface investigation to determine the presence of lead hazards. See Louisiana Revised Statutes 30:2351.1

• Inspector: means a person certified pursuant to the provisions of this Chapter who conducts inspections. See Louisiana Revised Statutes 30:2351.1
• Lead contractor: means any person employing workers engaged in lead hazard reduction activities and a self-employed individual who engages in lead hazard reduction activities. See Louisiana Revised Statutes 30:2351.1
• Lead hazard: means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the secretary; and shall include lead-based paint as defined by the Residential Lead-Based Paint Hazard Reduction Act of 1992. See Louisiana Revised Statutes 30:2351.1
• Lead hazard reduction activities: means the assessment of lead hazards, and the planning, implementation, and inspection of abatement activities, as determined by the secretary; and shall include lead-based paint activities as defined by the Residential Lead-Based Paint Hazard Reduction Act of 1992. See Louisiana Revised Statutes 30:2351.1
• Lead-contaminated waste: means any discarded material resulting from an abatement activity that fails the toxicity characteristic determined by the secretary due to the presence of lead or any material that is a mixture of discarded material resulting from an abatement activity and some other material. See Louisiana Revised Statutes 30:2351.1
• Legatee: A beneficiary of a decedent
• License: means an authorization issued by the State Licensing Board for Contractors that allows a person to engage in certain lead hazard reduction activities. See Louisiana Revised Statutes 30:2351.1
• Person: means any individual, business entity, governmental body, or other public or private entity including, to the extent not preempted by state or federal law or regulation, the federal government and its agencies. See Louisiana Revised Statutes 30:2351.1
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Public entity: means the state, any of its political subdivisions, or any agency or instrumentality of either. See Louisiana Revised Statutes 30:2351.1
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2351.1
• Service of process: The service of writs or summonses to the appropriate party.
• Violation: means a failure to comply with the requirements of this Subtitle, the rules issued under this Subtitle, and conditions of permits under this Subtitle. See Louisiana Revised Statutes 30:2004