§ 30:2248 — Modification of contribution report

§2248. Modification of contribution report
A. If a disposer or generator has timely filed the contribution report required in R.S.
30:2245 and if he has complete and accurate records for 1981, 1982, 1983, and the first six
months of 1984, the secretary may, upon the filing by the disposer or generator of a detailed
request with supporting documentation on or before October 1, 1984, consider and allow
modifications of the contribution reports if the disposer or generator shows, to the
satisfaction of the secretary according to standards included in the rules and regulations
promulgated by the secretary, that the contribution report does not accurately reflect the
extent of his contribution to the hazardous waste content of land, provided that this
Subsection shall not allow an adjustment to reduce a disposer's or generator's contribution
because of disposal or generation by a predecessor at the same site.
B. The secretary may make any reasonable and necessary modifications or
adjustments to the contribution report which will increase the contribution of hazardous
waste attributable to any disposer or generator if the secretary determines that the increase
will more accurately reflect the extent of the disposer's or generator's contribution to the
hazardous waste content of land in Louisiana based on the disposal or generation of
hazardous waste by the disposer or generator or his predecessor at the same site.
C.(1) After all adjustments provided for in this Chapter, the total amount of dry
weight tons contributed by any disposer or generator to the hazardous waste content of
Louisiana lands shall be reduced by the total amount of dry weight tons of hazardous wastes
generated or disposed because of an order by the secretary, the secretary of the Department
of Conservation and Energy, or a court, ordering the cleanup of any abandoned waste site
where the parties held responsible for the waste at the site are bearing the cost of the cleanup.
(2) A disposer or generator liable for the tax under this Chapter may be given a credit
against his tax liability for any voluntary removal of hazardous waste from a site if there is
proper documentation as to the removal and the amount removed which documentation must
be approved by the secretary. If the removal occurs after the tax has been paid the taxpayer
may receive a refund in the amount of the credit, upon showing of the proper documentation
as required by the secretary. The credit shall be calculated by deducting the total dry weight
tons removed from the total dry weight tons in the contribution report upon which the tax is
based.
D. Whenever there is a contest between the secretary and a disposer or generator as
to whether any adjustment or modification should be allowed to a contribution report which
is timely filed, there shall be a rebuttable presumption that the original contribution report
provided for in R.S. 30:2245 is correct.

Legislative History

Acts 1984, 1st Ex. Sess., No. 8, §1, eff. March 27, 1984. Acts 1984, No. 108, §1, eff. June 15, 1984; Acts 2023, No. 150, §5, eff. Jan. 10, 2024.