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Terms Used In Louisiana Revised Statutes 30:2288

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discharge: means discharge as defined in La. See Louisiana Revised Statutes 30:2272
  • Disposal: means disposal as defined in La. See Louisiana Revised Statutes 30:2272
  • 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
  • Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004

A.  In addition to the person who undertakes and completes remedial actions, and subject to the provisions of La. Rev. Stat. 30:2289, the exemption from liability provided by this Part applies to the following persons when the secretary issues the certificate of completion of remedial actions:

(1) The owner of the identified property, if the owner is not responsible for any discharge or disposal or threatened discharge or disposal identified in the approved voluntary remedial action plan.

(2)  A person who acquires or develops the identified property.

(3)  A successor or assign of any person to whom the liability exemption applies.

B.  Any person who provides financing for the implementation of a remedial action plan or for the development of the identified immovable property in accordance with the applicable use restrictions after completion and acceptance of said plan, shall not be liable for any damages, costs, or penalties under this Chapter unless such person is considered to be a responsible person under the provisions of Part I of this Chapter.

Acts 1995, No. 1092, §1, eff. July 1, 1996.