Louisiana Revised Statutes 30:2365 – Responsibilities of the department
Terms Used In Louisiana Revised Statutes 30:2365
- Commission: means the Emergency Response Commission appointed by the governor to implement the mandates of the Superfund Amendments and Reauthorization Act passed by the United States Congress in 1986. See Louisiana Revised Statutes 30:2363
- Department: means the Department of Public Safety and Corrections. 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
- Inventory form: means the reporting form adopted by the department, and completed by owners and operators, which contains certain requested information on hazardous materials and which is used in developing the information system mandated by this Chapter. See Louisiana Revised Statutes 30:2363
- Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous material or substance. See Louisiana Revised Statutes 30:2363
- Repository: means the local entity designated pursuant to 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 shall:
(1) Develop rules and regulations governing criteria for defining a substance as a hazardous material and for the development, implementation, compilation, supervision, and management of the information system for hazardous materials.
(2) Make reasonable efforts to insure that owners and operators are aware of reporting requirements under this Chapter.
(3) Develop a rule for alternative reporting requirements for businesses as provided for in La. Rev. Stat. 30:2370.
(4) Supervise the dissemination of data to repositories and train repository personnel to provide information to the public. If the sheriff’s office is not designated as the repository, the sheriff in each parish shall have access to the data compiled under this law through the local emergency planning committee and/or local fire departments in the respective parish.
(5) Apply for, accept, and expend money through the appropriate budgetary process from federal sources for the further development, implementation, and dissemination of information to agencies, to emergency response personnel, and to the public.
(6) Develop a centralized inventory reporting and notification system allowing for the standardization of reporting on the state, parish, and local government levels. The department, working in conjunction with other state agencies and parish government planning agencies, including local emergency planning committees and local response agencies, will identify the standard content of reporting and develop a centralized state inventory reporting and notification system that can be used by all government agencies.
(7) Develop a means to assist all parishes in developing comprehensive hazardous material emergency response plans which reflect local governments’ primary responsibility for the protection of local citizens.
B. The department shall, whenever practical and feasible, consult with the commission in developing rules and regulations for the implementation of this Chapter.
C. The inventory form adopted under this Chapter shall replace, to the extent feasible and practical, all other reporting presently required for reporting the manufacture, use, storage, or release of all hazardous materials to state governmental agencies.
Acts 1985, No. 435, §1, eff. July 11, 1985; Acts 1987, No. 347, §1; Acts 1992, No. 984, §18; Acts 1997, No. 1046, §1.