Terms Used In Louisiana Revised Statutes 30:2351.12

  • 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

  • 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
  • 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

  • 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
  • Public entity: means the state, any of its political subdivisions, or any agency or instrumentality of either. See Louisiana Revised Statutes 30:2351.1
  • Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2351.1

A.  The provisions of this Chapter shall apply to public entities when performing lead hazard reduction activities with employees.  A public entity will not be required to be licensed as a lead contractor.  However, employees participating in lead abatement activities shall be certified in the appropriate categories.  A public entity shall not be required to pay permit fees as established in R.S. 30:2351.23.  Employees shall comply with all other requirements of R.S. 30:2351.21 through 2351.23.  Public entities shall not be exempt from fees charged for the disposal of lead-contaminated debris.

B.  The provisions of this Chapter shall not apply to individual homeowners who perform lead hazard reduction activities in or on a residential property owned and occupied by the homeowner at the time the activity is performed.

C.  The provisions of this Chapter shall not apply to lead hazard reduction activities or to persons performing such activities when such activities are performed wholly within an industrial facility and are performed by persons who are subject to the training requirements of the Occupational Safety and Health Administration’s Hazard Communication Standard.  The secretary may establish, by regulation, exemptions from or alternatives to the lead certification and licensure requirements of this Chapter.

Acts 1993, No. 224, §1; Acts 1995, No. 1085, §1.