Terms Used In Louisiana Revised Statutes 30:2376

  • 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
  • Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004

A.  The deputy secretary or his designees shall have the right to reasonably monitor owners or operators to ensure their compliance with this Chapter.  They shall have the right to enter and inspect any facility in which they have reasonable cause to believe hazardous material, the reporting of which is required by this Chapter, is manufactured, stored, used, or released and which has not been reported, and to require the report of the presence of such hazardous material as required by this Chapter.

B.  The deputy secretary may conduct investigations, make reports, conduct hearings, and conduct, directly or indirectly, the research, development, demonstration, or training activities necessary to undertake his responsibilities and exercise his authority under Subsection A of this Section.  The deputy secretary, through the office of state police, hazardous materials unit, shall act as coordinator of emergency response activities arising as a result of releases of materials regulated under this Chapter.

C.  Nothing in this Chapter shall be intended to diminish any sheriff’s responsibility with regard to his authority to address emergency response needs in his parish.

Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1; Acts 1997, No. 1046, §1.