Terms Used In Louisiana Revised Statutes > Title 30 > Subtitle II > Chapter 9 - Hazardous Waste Control Law

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assistant secretary: means the assistant secretary to whom a given function or responsibility has been allocated by this Subtitle or delegated by the secretary. See Louisiana Revised Statutes 30:2004
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Capital costs: means all costs of providing a service that are capitalized in accordance with generally accepted accounting principles. See Louisiana Revised Statutes 45:844.43
• Commercially sensitive marketing information: means marketing plans or strategies, customer lists, and trade secrets pursuant to La. See Louisiana Revised Statutes 45:844.43
• Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:844.1
• Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:844.12
• Community services: means any type of counseling and advice, emergency assistance, or medical care furnished to individuals or groups within the district. See Louisiana Revised Statutes 33:9081
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Covered services: means telecommunications services, advanced services and cable television services, individually and collectively, and regardless of the technology used to provide those services, unless otherwise specified in this Chapter. See Louisiana Revised Statutes 45:844.43
• Crime prevention: means any activity which aids in the reduction of crime in the district. See Louisiana Revised Statutes 33:9081
• 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
• Department: means the Department of Justice. See Louisiana Revised Statutes 45:822
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Direct costs: means those expenses of a local government that:

  (a)  Are directly attributable to providing a covered service. See Louisiana Revised Statutes 45:844.43

• Discharge: means the placing, releasing, spilling, percolating, draining, pumping, leaking, seeping, emitting, or other escaping of pollutants into the air, waters, subsurface water, or ground as the result of a prior act or omission; or the placing of pollutants into pits, drums, barrels, or similar containers under conditions and circumstances that leaking, seeping, draining, or escaping of the pollutants can be reasonably anticipated. See Louisiana Revised Statutes 30:2004
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such waste, or any constituent thereof, may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Louisiana Revised Statutes 30:2173
• Docket: A log containing brief entries of court proceedings.
• Doing business in this state: means conducting a telephonic solicitation either from a location within this state or from a location outside of this state to residential telephonic subscribers residing in this state. See Louisiana Revised Statutes 45:844.12
• Education: means any type of scholastic instruction or scholarship assistance to any individual who resides in the district that enables him to prepare himself for better opportunities. See Louisiana Revised Statutes 33:9081
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency: means an actual or imminent threat to public health or safety which may result in loss of life, injury, or property damage. See Louisiana Revised Statutes 45:841
• Emergency alert provider: means a third party which is designated by a parish office of homeland security and emergency preparedness to provide emergency alert services for that parish and which is certified as such by the Governor's Office of Homeland Security and Emergency Preparedness¹. See Louisiana Revised Statutes 45:841
• Emergency alert services: means the placement of telephone calls to notify the public of an emergency or to provide information relative to an emergency. See Louisiana Revised Statutes 45:841
• Enterprise fund: means a separate fund to account for the local government's operations of covered services, established and maintained in accordance with generally accepted accounting principles as described by the Governmental Accounting Standards Board (GASB). See Louisiana Revised Statutes 45:844.43
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Ex officio: Literally, by virtue of one's office.
• Examination: means an attestation performed for the purpose of expressing an opinion on an assertion that is the responsibility of another party in accordance with "Statements on Standards for Attestation Engagements" published by the American Institute of Certified Public Accountants. See Louisiana Revised Statutes 45:844.43
• 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

• Feasibility consultant: means an individual or entity with expertise in the processes and economics of providing covered services. See Louisiana Revised Statutes 45:844.43
• Federal Do Not Call Law: shall mean the Telemarketing and Consumer Fraud and Abuse Prevention Act as set forth in 15 U. See Louisiana Revised Statutes 45:844.12
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Full costs: means all capital costs, direct costs and indirect costs. See Louisiana Revised Statutes 45:844.43
• Full-cost accounting: means the accounting of all costs incurred by a local government in providing a covered service. See Louisiana Revised Statutes 45:844.43
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Hazardous waste: means any waste, or combination of wastes, which because of its quantity, concentration, physical, or chemical characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Louisiana Revised Statutes 30:2173
• 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}
• Indirect costs: means any costs:

  (i)  Identified with two or more services or other functions. See Louisiana Revised Statutes 45:844.43

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Items: means any goods and services, and includes coupon books which are to be used with businesses other than the seller's business. See Louisiana Revised Statutes 45:822
• Job training: means any type of instruction to an individual who resides within the district that enables him to acquire vocational skills so that he can become employable or be able to seek a higher grade of employment. See Louisiana Revised Statutes 33:9081
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local governing authority: means the legislative body of a local government. See Louisiana Revised Statutes 45:844.43
• Local government: means any parish, municipality, or other political subdivision of the state and any utility authority, board, branch, department or other unit thereof. See Louisiana Revised Statutes 45:844.43
• Manifest: means the system and forms used for identifying the quantity, composition, origin, routing, and destination of hazardous wastes during its transportation from the point of generation to any point of disposal, treatment, or storage. See Louisiana Revised Statutes 30:2173
• National Do Not Call Registry: shall mean the list of consumers maintained by the Federal Trade Commission who have indicated that they do not wish to receive unsolicited or unwanted telephonic solicitations pursuant to the Federal Do Not Call Law. See Louisiana Revised Statutes 45:844.12
• Neighborhood assistance: means furnishing financial assistance, labor, material, or technical advice to aid in the physical improvement or rehabilitation of any part or all of the district. See Louisiana Revised Statutes 33:9081
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person who owns or controls ten percent or more of the equity of, or otherwise has claim to ten percent or more of the net income of a telephonic seller. See Louisiana Revised Statutes 45:822
• Parish office of homeland security and emergency preparedness: means an agency of local government established pursuant to La. See Louisiana Revised Statutes 45:841
• 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: includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity. See Louisiana Revised Statutes 45:822
• Personal property: All property that is not real property.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal: means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. See Louisiana Revised Statutes 45:822
• Private provider: means a person that:

  (a)  Provides a covered service. See Louisiana Revised Statutes 45:844.43

• prospective purchaser: means a person who is solicited to become or does become obligated to a telephonic seller. See Louisiana Revised Statutes 45:822
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Residential telephonic subscriber: means any natural person who has subscribed to residential telephonic service from a telecommunications service provider or any other natural person living or residing with such person. See Louisiana Revised Statutes 45:844.12
• Salesperson: means any individual employed, appointed, or authorized by a telephonic seller, whether referred to by the telephonic seller as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. See Louisiana Revised Statutes 45:822
• Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
• seller: means a person who, on his or her own behalf or through salespersons, causes a telephone solicitation or attempted telephone solicitation to occur in which either the telephonic seller or the purchaser, or both, are located in Louisiana and which meets the following criteria:

  (a)  A telephone solicitation or attempted telephone solicitation wherein the telephonic seller initiates telephonic contact with a prospective purchaser and represents or implies one or more of the following:

  (i)  That a prospective purchaser who buys one or more items will also receive additional or other items, whether or not of the same type as purchased, without further cost. See Louisiana Revised Statutes 45:822

• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Start-up costs: means those costs reasonably and prudently incurred by the local government (including legal and professional services) in obtaining the feasibility study required under this Chapter, in seeking to obtain assent of the financial market place for funding the proposed project, and other related costs through the closing of the sale of the bonds or other financing vehicles supporting the provisioning of covered services, and specifically excludes capital costs as defined herein. See Louisiana Revised Statutes 45:844.43
• Statute: A law passed by a legislature.
• Storage: means the containment of hazardous waste on a temporary basis, for such time as may be permitted by regulations, in such a manner as not to constitute disposal of such hazardous waste. See Louisiana Revised Statutes 30:2173
• Subscribers: means a person that lawfully receives a covered service. See Louisiana Revised Statutes 45:844.43
• Telephone company: means an entity which provides local telephone service to subscribers for a fee. See Louisiana Revised Statutes 45:841
• Telephone solicitation: means a call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes, or for the purpose of soliciting contributions for or on behalf of a charitable organization as defined in La. See Louisiana Revised Statutes 45:844.1
• Telephone solicitor: means any natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephone solicitation, including but not limited to calls made by use of automated dialing or recorded message devices. See Louisiana Revised Statutes 45:844.1
• Telephonic solicitation: means any voice or data communication made by a telephonic solicitor to a residential telephonic subscriber for the purpose of encouraging a sale or rental of or investment in property, consumer goods, or services; or for the purpose of encouraging an extension of credit for property, consumer goods, or services; or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale or rental of or investment in property, consumer goods, or services or an extension of credit for such purposes; or for the solicitation of a contribution to a charitable organization, but does not include voice or data communications made for any of the following reasons:

  (a)  In response to an express request of the person called. See Louisiana Revised Statutes 45:844.12

• Telephonic solicitor: means any natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic solicitation, including but not limited to any communication made by use of automated dialing or recorded message devices. See Louisiana Revised Statutes 45:844.12
• Transfer facility: means any transportation-related facility designed and constructed to be used exclusively for the handling of regulated hazardous wastes including loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous waste are held during the normal course of transportation. See Louisiana Revised Statutes 30:2173
• Transportation: means the movement of hazardous wastes from the point of generation or storage to the point of treatment, storage, or disposal by any means of commercial or private transport. See Louisiana Revised Statutes 30:2173
• Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or render it nonhazardous, safer for transport, amenable for recovery or storage, or reduced in volume. See Louisiana Revised Statutes 30:2173
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Unlisted number: means an active telephone number which is not published in a telephone directory. See Louisiana Revised Statutes 45:841
• Variance: means a special authorization granted to a person for a limited period of time which allows that person a specified date for compliance with a requirement pursuant to the provisions of this Subtitle. See Louisiana Revised Statutes 30:2004
• Venue: The geographical location in which a case is tried.
• Violation: means a failure to comply with the requirements of this Subtitle, the rules issued under this Subtitle, and conditions of permits under this Subtitle. See Louisiana Revised Statutes 30:2004
• Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under La. See Louisiana Revised Statutes 30:2173