Terms Used In Louisiana Revised Statutes 30:2369

  • 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
  • Facility: means the physical premises used by the owner or operator in which the hazardous materials are manufactured, used, or stored. 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
  • Immediately: means a reasonable period of time after identifying the nature, quantity, and potential off-site impact of a release considering the exigency of the circumstances. See Louisiana Revised Statutes 30:2363
  • Owner or operator: means any person, partnership, or corporation in the state including, unless otherwise stated, the state and local government, or any of its agencies, authorities, departments, bureaus, or instrumentalities engaged in business or research operations which use, manufacture, emit, or store a hazardous material at a facility. See Louisiana Revised Statutes 30:2363
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous material or substance. See Louisiana Revised Statutes 30:2363
  • Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004

A.  Owners or operators shall be responsible for filing inventory forms for all hazardous materials manufactured, used, or stored at their facilities and for immediately reporting releases of certain hazardous materials in certain reportable quantities to be established by rule as provided for in R.S. 30:2373(B) and (C)(2).

B.(1)  Owners or operators shall have the responsibility to obtain inventory forms and submit them to the Emergency Response Commission by way of the Department of Public Safety and Corrections, office of state police, Right-to-Know unit by March 1, 1988, and by March first of each year thereafter.

(2)  This does not relieve the owner or operator from having to file inventory forms or make emergency release notification to other agencies, e.g., local fire departments or local planning committees, as may be required by federal law.

C.  Repealed by Acts 1992, No. 565, §2.

D.  Owners or operators shall post signs at their facilities, subject to a rule adopted by the deputy secretary, indicating that a hazardous material reported pursuant to the provisions of this Chapter is present on the premises.  The deputy secretary shall develop, adopt, and disseminate rules and regulations which provide for such posting.

E.(1)  Owners or operators who manufacture, use, store, or release a hazardous material at their facility shall so notify their present employees and each new employee within a reasonable time of his beginning employment.  Such notification shall be made by posting a notice in a place in the facility where it is easily accessible to employees.

(2)  Whenever the owner or operator has information regarding the toxic effects of a hazardous material manufactured, used, stored, or released at the facility, he shall so advise his employees, and make the information available to them on request for their examination only on the premises.

(3)  Louisiana manufacturers, distributors, and packagers of hazardous materials and mixtures manufactured, blended, packaged, mixed, or distributed within Louisiana for those materials listed under the Superfund Amendments Reauthorization Act (SARA) Title III, Sections 302, 304, 311, and 312, or Louisiana’s Right-to-Know Law, R.S. 30:2361 et seq., shall incorporate on the hazardous material’s material safety data sheet or supply a separate statement with the verbiage “This material may be regulated by Louisiana’s Right-to-Know Law, R.S. 30:2361 et seq.” for identifying the hazardous materials as regulated by the state of Louisiana or the Superfund Amendments Reauthorization Act (SARA) Title III, Sections 302, 304, 311, and 312, or use language of similar nature.  This Paragraph shall be effective only upon the promulgation by the deputy secretary of rules and regulations setting forth the criteria for the notice required herein.  The deputy secretary may exempt from this requirement materials and mixtures with generic material safety data sheets used nationally or internationally.

Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1; Acts 1992, No. 565, §§1, 2; Acts 1997, No. 1046, §1; Acts 1999, No. 424, §1, eff. June 18, 1999.