Terms Used In Louisiana Revised Statutes > Title 18 > Chapter 11 > Part VI - Enforcement

• Candidate: means a person who seeks nomination or election to public office, except the office of president or vice president of the United States, presidential elector, delegate to a political party convention, United States senator, United States congressman, or political party office. See Louisiana Revised Statutes 18:1483
• Chairman: means the principal executive officer of a political committee regardless of his title. See Louisiana Revised Statutes 18:1483
• committee: means two or more persons, other than a husband and wife, and any legal entity organized for the primary purpose of supporting or opposing one or more candidates, propositions, recalls of a public officer, or political parties, which accepts contributions in the name of the committee, or makes expenditures from committee funds or in the name of the committee, or makes a transfer of funds to or receives a transfer of funds from another committee, or receives or makes loans in an aggregate amount in excess of five hundred dollars within any calendar year. See Louisiana Revised Statutes 18:1483
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contractual relationship: includes but is not limited to land contracts, deeds, easements, leases, or other instruments transferring title or possession, unless the real property on which the facility concerned is located was acquired by the defendant after the disposal or placement of the hazardous substance on, in, or at the facility, and one or more of the circumstances described in Item (i), (ii), or (iii) is also established by the defendant by a preponderance of the evidence:

  (i)  At the time the defendant acquired the facility, the defendant did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in, or at the facility. See Louisiana Revised Statutes 30:2272

• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
• Devise: To gift property by will.
• Discharge: means discharge as defined in La. See Louisiana Revised Statutes 30:2272
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disposal: means disposal as defined in La. See Louisiana Revised Statutes 30:2272
• Docket: A log containing brief entries of court proceedings.
• Election: means any primary, general, or special election held, pursuant to the laws of this state or a parish or municipal charter or ordinance or a court order, to choose a public officer or nominee. See Louisiana Revised Statutes 18:1483
• Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
• Facility: means facility as defined in La. See Louisiana Revised Statutes 30:2272
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Intentional criminal violation: means conduct which establishes that a violator was in the state of mind which exists when the circumstances indicated that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. See Louisiana Revised Statutes 18:1483
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Nonparticipating party: means a person who refuses to comply with the demand of the secretary, or fails to respond to the demand, or against whom a suit has been filed by the secretary. See Louisiana Revised Statutes 30:2272
• Oath: A promise to tell the truth.
• Owner or operator: means any person owning or operating a facility. See Louisiana Revised Statutes 30:2272
• Participating party: means a person who undertakes remedial action after receiving a demand from the secretary in compliance with the demand and as approved by the secretary. See Louisiana Revised Statutes 30:2272
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Person: means any individual, partnership, limited liability company or corporation, association, labor union, political committee, corporation, or other legal entity, including their subsidiaries. See Louisiana Revised Statutes 18:1483
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pollution source: means pollution source as defined in La. See Louisiana Revised Statutes 30:2272
• Public office: means any state, parish, municipal, ward, district, or other office or position that is filled by election of the voters, except those specifically excepted in Paragraph (3) of this Section. See Louisiana Revised Statutes 18:1483
• Remedial cost: means after the discharge or disposal of a hazardous substance the cost of:

  (i)  Removing, confining, or storing any hazardous substance; constructing barriers, securing the site, encapsulating in clay or other impermeable material;

  (ii)  Cleaning up a contamination, recycling, or reuse of a hazardous substance;

  (iii)  Diversion, destruction, or segregation of reactive or other wastes;

  (iv)  Dredging or excavating a site;

  (v)  Repairing or replacing leaking containers;

  (vi)  Collection of leachate and runoff;

  (vii)  Onsite treatment or incineration of a substance;

  (viii)  Provision of alternative water supplies;

  (ix)  Monitoring, testing, or analyzing;

  (x)  Employing legal, engineering, chemical, biological, architectural, or other professional consultants or personnel;

  (xi)  Investigation, initiation, or prosecution of lawsuits to final judgment;

  (xii)  Transporting and disposing of waste from the site; or

  (xiii)  Any other action the secretary deems necessary to restore the site or remove the hazardous substance. See Louisiana Revised Statutes 30:2272

• Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Supervisory committee: means the Board of Ethics established in La. See Louisiana Revised Statutes 18:1483
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Venue: The geographical location in which a case is tried.