§ 30:2205 — Hazardous Waste Site Cleanup Fund

§2205. Hazardous Waste Site Cleanup Fund
A.(1) All sums recovered through judgments, settlements, assessments of civil or
criminal penalties, funds recovered by suit or settlement from potentially responsible parties
for active or abandoned site remediation or cleanup, or otherwise under this Subtitle, or other
applicable law, each fiscal year for violation of this Subtitle, shall be paid into the state
treasury and shall be credited to the Bond Security and Redemption Fund. After a sufficient
amount is allocated from that fund to pay all obligations secured by the full faith and credit
of the state which become due and payable within any fiscal year, the treasurer, prior to
placing such remaining funds in the state general fund, shall pay into a special fund, which
is hereby created in the state treasury and designated as the "Hazardous Waste Site Cleanup
Fund", all of those funds generated by the hazardous waste tax under the provisions of
Chapter 7-A of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 and the sums
recovered through all judgments, settlements, assessments of civil or criminal penalties, fees
and oversight costs received from potentially responsible parties for the department's work
in overseeing of assessment and remediation at inactive or abandoned sites, funds recovered
by suit or settlement from potentially responsible parties for active or abandoned site
remediation or cleanup, or otherwise, for violation of this Subtitle, except as provided in R.S.
30:2025 and 2198; however, the balance in the fund shall not exceed six million dollars at
any time and upon the accumulation of six million dollars in the fund, the treasurer shall pay
all remaining sums provided for in this Subsection into the Environmental Trust Dedicated
Fund Account, R.S. 30:2015.
(2) The Hazardous Waste Site Cleanup Fund, hereinafter referred to as the "Site
Cleanup Fund", shall additionally consist of all funds designated to that fund and received
by donation, grant, gift, or otherwise from any source and sums appropriated specifically to
it by the legislature and any other allocations made directly to it, including reimbursements
for restoration of the environment damaged by a hazardous waste site.
B. Any grants or allocations made to the state of Louisiana from the United States
government for the purposes of investigation, analysis, containment, or cleanup of hazardous
waste sites shall be paid directly into the Site Cleanup Fund to be used for that purpose.
C. The secretary shall administer the Site Cleanup Fund and shall make
disbursements from the fund for all necessary and appropriate expenditures, including the
operating expenses of the inactive and abandoned sites activities. Disbursements shall be
made upon sufficient proof of services rendered and materials or equipment used or
expended. For both the design and conduct of remedial actions, including cleanup at
hazardous waste sites, the secretary shall select an appropriate action based on cost
effectiveness that also meets the requirement that any exposure or potential exposure to
hazardous wastes present at the site is reduced to such level as not to pose any significant
threat to public health or the environment.
D. The monies in the Site Cleanup Fund shall be used to defray the cost of
investigation, testing, containment, control, and cleanup of hazardous waste sites, to provide
money or services as the state share of matching funds for federal grants, to defray the cost
of securing and quarantining hazardous waste sites, including the acquisition of rights-of-way, easements, or title when necessary, and to pay the operating expenses of the inactive
and abandoned sites activities. In addition, the monies in the fund may be used to defray
assessment, cleanup, and associated costs of nonhazardous waste sites determined to be
priority sites by the secretary in accordance with rules and regulations promulgated by the
department. Interest earned through investment of the fund capital shall be credited to the
Hazardous Waste Site Cleanup Fund.
E. In cases where monies from the Site Cleanup Fund are expended, the attorney
general may institute a civil action to recover from the responsible persons all such monies
expended from the Site Cleanup Fund. If the secretary requests that the attorney general
institute a civil action to recover monies expended from the Site Cleanup Fund, and the
attorney general declines to institute such action or does not respond within sixty days of
such request agreeing to institute a civil action, an attorney from the department may, with
the concurrence of the attorney general, institute a civil action to recover monies expended
from the fund. Any monies recovered shall be paid into the Hazardous Waste Site Cleanup
Fund.
F. The state shall have a lien or privilege against the immovable property for monies
expended from the Site Cleanup Fund on the immovable property. The lien may be perfected
against such property by filing a notice of lien containing the name of the current record
owner and the legal description of the immovable property in the mortgage records of the
parish in which the immovable property is located. Except as provided in this Subsection,
the lien of the state, through the department, shall have priority in rank over all other
privileges, liens, encumbrances, or other security interests affecting the property. As to all
privileges, liens, encumbrances, or other security interests affecting the property that are filed
or otherwise perfected before the filing of the notice of lien of the state authorized by this
Section, such prior recorded security interests shall have priority over the state lien, but only
to the extent of the fair market value that the property had prior to closure, assessment, or
remedial action by the state, and prior recorded security interests shall be subordinate to the
state lien for any amount in excess of the fair market value of the property prior to such
closure, assessment, or remediation.
{{NOTE: ACTS 1990, NO. 974, §4, TERMINATED ON SEPT. 7, 1990.
SEE ACTS 1990, NO. 1001, §2.}}

Legislative History

Acts 1983, No. 97, §1, eff. Feb. 1, 1984; Acts 1983, No. 467, §1, eff. July 6, 1983; Acts 1984, No. 674, §1; Acts 1985, No. 331, §1, eff. July 9, 1985; Acts 1986, No. 941, §1, eff. July 11, 1986; Acts 1986, No. 943, §2, eff. July 11, 1986; Acts 1987, No. 799, §§2, 3, eff. July 20, 1987; Acts 1989, No. 392, §1, eff. June 30, 1989; H.C.R. No. 8, 1989 2nd Ex. Sess.; Acts 1990, No. 974, §1, eff. July 1, 1990; Acts 1995, No. 689, §1; Acts 1997, No. 27, §1; Acts 1997, No. 755, §1, eff. July 1, 1998; Acts 1999, No. 505, §1, eff. June 29, 1999; Acts 2002, 1st Ex. Sess., No. 93, §1, eff. April 18, 2002; Acts 2018, No. 612, §9, eff. July 1, 2020; Acts 2019, No. 85, §1; Acts 2019, No. 404, §1, eff. July 1, 2020.