Louisiana Revised Statutes 30:2285.2 – Responsible landowner
Terms Used In Louisiana Revised Statutes 30:2285.2
- Discharge: means discharge as defined in La. See Louisiana Revised Statutes 30:2272
- Disposal: means disposal as defined in La. See Louisiana Revised Statutes 30:2272
- Hazardous substance: means any gaseous, liquid, or solid material which because of its quantity, concentration, or physical, chemical, or biological composition when released into the environment poses a substantial present or potential hazard to human health, the environment, or property, and which material is identified or designated as being hazardous by rules and regulations adopted and promulgated by the secretaries of the Department of Environmental Quality or of the Department of Public Safety and Corrections, regardless of whether it is intended for use, reuse, or is to be discarded. See Louisiana Revised Statutes 30:2272
- Hazardous waste: means hazardous waste as defined in La. See Louisiana Revised Statutes 30:2272
- Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
A “responsible person” or “responsible landowner” is a person who is responsible under the provisions of this Chapter for the discharge or disposal or the threatened discharge or disposal of a hazardous substance or hazardous waste on or in immovable property. However, an owner of immovable property or a person who has an interest therein is not a responsible person for the purposes of this Part only, unless that person:
(1) Was engaged in the business of generating, transporting, storing, treating, or disposing of a hazardous substance or hazardous waste on or in the property, or knowingly permitted others to engage in such a business on the property;
(2) Knowingly permitted any person to make regular use of the property for disposal of waste;
(3) Knowingly permitted any person to use the property for disposal of a hazardous substance;
(4) Knew or reasonably should have known that a hazardous substance was located in or on the property at the time right, title, or interest in the property was first acquired by the person and engaged in conduct associating that person with the discharge or disposal; or
(5) Took action which significantly contributed to the discharge or disposal after that person knew or reasonably should have known that a hazardous substance was located in or on the property.
Acts 1995, No. 1092, §1, eff. July 1, 1996.