Terms Used In Louisiana Revised Statutes > Title 46 > Chapter 1 - General Provisions

• 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.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• 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
• board: means the Board of Examiners of Bar Pilots for the Port of New Orleans, established in Louisiana Revised Statutes 34:941
• Chambers: A judge's office.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
• Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
• 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
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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

• Final project agreement: means the final document agreed upon between the secretary and a program participant that specifically states the terms and duration of the proposed project. See Louisiana Revised Statutes 30:2563
• 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.
• Fraudulent taking: means the value gained from acts committed by an offender in violation of Louisiana Revised Statutes 30:2412
• Indigent: means any person who meets the state definition of indigent who would have qualified for indigent care in any general hospital owned and operated by the state of Louisiana prior to arrest and who is housed in any parish or municipal jail or detention facility or state prison, shall be treated in the nearest general hospital owned and operated by the state of Louisiana. See Louisiana Revised Statutes 46:17
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manufacturer: means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture which produces a mercury-added product or an importer or domestic distributor of a mercury-added product produced in a foreign country. See Louisiana Revised Statutes 30:2573
• Medium truck tire: means a tire weighing one hundred pounds or more and normally used on semitrailers, truck-tractor, semitrailer combinations or other like vehicles used primarily to commercially transport persons or property on the roads of this state or any other vehicle regularly used on the roads of this state. See Louisiana Revised Statutes 30:2412
• Mercury-added product: means a product, commodity, chemical, or a product with a component that contains mercury or a mercury compound intentionally added to the product, commodity, chemical, or component in order to provide a specific characteristic, appearance, or quality or to perform a specific function or for any other reason. See Louisiana Revised Statutes 30:2573
• Motor vehicle: means an automobile, motorcycle, all-terrain vehicle, and utility terrain vehicle that is operated either on-road or off-road, truck, trailer, semitrailer, truck-tractor and semitrailer combination, or any other vehicle operated in this state, and propelled by power other than muscular power; but the term does not include bicycles and mopeds. See Louisiana Revised Statutes 30:2412
• 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.
• Off-road tire: means a tire weighing one hundred pounds or more and that is normally used on off-road vehicles. See Louisiana Revised Statutes 30:2412
• Oil recycling: means to prepare used oil for reuse as a petroleum product by rerefining, reclaiming, reprocessing, or other means or to use used oil in a manner that substitutes for a petroleum product made from new oil, specifically including the use of used oil as a fuel oil, provided the used oil meets all applicable rules and regulations. See Louisiana Revised Statutes 30:2412
• Oversight: Committee review of the activities of a Federal agency or program.
• Parish or district office: means parish or district office of the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
• 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 an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, an interstate body, or the federal government or any agency of the federal government. See Louisiana Revised Statutes 30:2412
• pilot: means a Bar Pilot for the Port of New Orleans, as designated in Louisiana Revised Statutes 34:941
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plastic bottle: means a plastic container that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons. See Louisiana Revised Statutes 30:2412
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Pollutant: means those elements or compounds defined or identified as hazardous, toxic, or noxious, or as hazardous, solid, or radioactive wastes under this Subtitle and regulations, or by the secretary, consistent with applicable laws and regulations. See Louisiana Revised Statutes 30:2004
• Processed: means any method or activity that alters whole waste tires so that they are no longer whole; such as, cutting, slicing, chipping, shredding, distilling, freezing, or other processes as determined by the administrative authority. See Louisiana Revised Statutes 30:2412
• Recycling: means any process by which nonhazardous solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. See Louisiana Revised Statutes 30:2412
• Regulatory flexibility: means that a qualified participant in a regulatory innovations program may be exempted by the secretary from regulations promulgated by the department under this Chapter consistent with federal law and regulation. See Louisiana Revised Statutes 30:2563
• Secretary: means the secretary of the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
• 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.
• Solid waste: means any garbage, refuse, sludge, and other discarded material, including those in a solid, liquid, or semisolid state resulting from residential, community, or commercial activities. See Louisiana Revised Statutes 30:2412
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Superior environmental performance: means :

  (a)  A significant decrease of pollution to levels lower than the levels currently being achieved by the subject facility under applicable law or regulation, where these lower levels are better than required by applicable law and regulation; or

  (b)  Improved social or economic benefits, as determined by the secretary, to the state while achieving protection to the environment equal to the protection currently being achieved by the subject facility under applicable law and regulation, provided that all requirements under current applicable law and regulation are being achieved by the facility. See Louisiana Revised Statutes 30:2563

• Tire: means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle or off-road vehicle, including the spare tire of such vehicles. See Louisiana Revised Statutes 30:2412
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Used oil: means any oil, whether refined from crude oil or synthetic oil, that has been used and as a result of such use, is contaminated by physical or chemical impurities. See Louisiana Revised Statutes 30:2412
• Used oil collection facility: means automotive service facilities, governmentally sponsored collection facilities, or other facilities, which in the course of business accept for disposal of five gallons or less of used oil from the general public, all as is more fully set forth by rule, and which store used oil in tanks or containers approved by the department. See Louisiana Revised Statutes 30:2412
• 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 tire: means a whole tire that is no longer suitable for its original purpose because of wear, damage, or defect. See Louisiana Revised Statutes 30:2412
• Waste tire collection center: means a site where used tires are collected from the public prior to being offered for recycling. See Louisiana Revised Statutes 30:2412
• Waste tire material: means recovered material produced from whole waste tires which have been processed, unless abandoned or otherwise improperly disposed of in a manner that subjects the material to solid waste regulations. See Louisiana Revised Statutes 30:2412
• Waste tire processing facility: means a site where equipment is used to cut, burn, or otherwise alter whole waste tires so that they are no longer whole. See Louisiana Revised Statutes 30:2412
• White goods: means inoperative and discarded refrigerators, ranges, water heaters, freezers, microwave ovens, and other similar domestic and commercial large appliances. See Louisiana Revised Statutes 30:2412