Louisiana Revised Statutes 30:2351.23 – A. A lead contractor may commence an abatement activity only after obtaining a permit for the project from the secretary.
Terms Used In Louisiana Revised Statutes 30:2351.23
- 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
- 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-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
- 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
- Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2351.1
A. A lead contractor may commence an abatement activity only after obtaining a permit for the project from the secretary.
B. Contractors with ongoing abatement activities involving continuous or intermittent actions at a single site may apply for an annual permit rather than for a project permit each time an abatement activity commences.
C. The secretary shall establish, by regulation, the requirements for obtaining a permit. The requirements shall include all of the following, but not be limited to:
(1) Use of certified workers.
(2) Use of certified lead project supervisors.
(3) Use of appropriate equipment and materials.
D. Permit applications shall include but not be limited to all of the following information:
(1) Name and address of the contractor responsible for the abatement activity.
(2) Name and address of the lead-contaminated waste transporter.
(3) Name and address of the lead-contaminated waste disposal facility.
(4) Name and address of the property owner.
(5) Location of the abatement activity.
(6) Description of the abatement activity, including the amount and location of lead-contaminated waste materials.
(7) Description of the procedures and equipment that will be used to perform the abatement activity.
(8) Repealed by Acts 1995, No. 1085, §2.
(9) Scheduled starting and completion dates.
E. The secretary may issue a permit after determining that the applicant has met the requirements established by the secretary. In addition, the secretary may impose upon a permit any additional terms and conditions deemed necessary to ensure compliance with the provisions of this Chapter or regulations promulgated under it.
F. After a permit has been issued, the applicant shall notify the secretary, in advance, of any material changes in the abatement activity not accounted for in the permit application and shall submit an amended permit application before project completion.
G. The secretary, upon finding that a person has failed to comply with the provisions of this Chapter or regulations promulgated under it, shall deny, suspend, or revoke a permit until the applicant is found to be in compliance with this Chapter.
H. The secretary shall establish a schedule of fees for obtaining permits pursuant to this Part. Fees collected pursuant to this Chapter shall be deposited into the Lead Hazard Reduction Dedicated Fund Account provided for in La. Rev. Stat. 30:2351.41.
Acts 1993, No. 224, §1; Acts 1995, No. 1085, §§1, 2; Acts 2021, No. 114, §18, eff. July 1, 2022.