Louisiana Revised Statutes 30:2289 – Persons not exempt from liability
Terms Used In Louisiana Revised Statutes 30:2289
- 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
- Fraud: Intentional deception resulting in injury to another.
- 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
The exemption from liability provided by this Part does not apply to:
(1) A person who aggravates or contributes to a discharge or disposal or threatened discharge or disposal that was not remedied under an approved voluntary remedial action plan.
(2) A person who was a responsible person under Part I of this Chapter for a discharge or disposal or threatened discharge or disposal identified in the approved voluntary remedial action plan before taking an action that would have made the person subject to the exemptions under La. Rev. Stat. 30:2288 or La. Rev. Stat. 30:2288.1.
(3) A person who obtains approval of a voluntary remedial action plan for purposes of this Part by fraud or misrepresentation, or by knowingly failing to disclose material information, or who knows that approval was so obtained before taking an action that would have made the person subject to the exemptions from liability under La. Rev. Stat. 30:2288 or La. Rev. Stat. 30:2288.1.
Acts 1995, No. 1092, §1, eff. July 1, 1996.