§ 30:2286 — Partial remedial action plans

§2286. Partial remedial action plans
A. The secretary may approve a voluntary remedial action plan
submitted under this Part that does not require removal or remedy of all
discharges or disposals and threatened discharges or disposals of hazardous
substances and hazardous wastes at an identified area of immovable property
if the secretary determines that all of the following criteria have been met:
(1) If reuse or development of the property is proposed, the voluntary
remedial action plan provides for all remedial actions necessary to allow for
the proposed reuse or development of the immovable property in a manner that
does not pose a significant threat to public health, safety, and welfare and the
environment.
(2) The remedial actions and the activities associated with any reuse or
development proposed for the property will not aggravate or contribute to
discharges or disposals or threatened discharges or disposals that are not
required to be removed or remedied under the voluntary remedial action plan,
and will not interfere with or substantially increase the cost of future remedial
actions to address the remaining discharges or disposals or threatened
discharges or disposals.
(3) The owner of the property agrees to cooperate with the secretary or
other persons acting at the direction of the secretary in taking remedial actions
necessary to investigate or address remaining discharges or disposals or
threatened discharges or disposals, and to avoid any action that interferes with
the remedial actions.
B. Under Paragraph (A)(3) of this Section, an owner shall be required
to agree to any or all of the following terms necessary to carry out remedial
actions to address remaining discharges or disposals or threatened discharges
or disposals:
(1) To provide access to the property to the secretary and the secretary's
authorized representatives.
(2) To allow the secretary, or persons acting at the direction of the
secretary, to undertake activities at the property including placement of
borings, wells, equipment, and structures on the property.
(3) To grant rights-of-way, servitudes, or other interests in the property
to the agency for any of the purposes provided in Paragraph (1) or (2) of this
Subsection.
C. An agreement under Paragraph (A)(3) of this Section shall be
binding upon the successors and assigns of the owner. The owner shall record
the agreement, or a memorandum approved by the secretary that summarizes
the agreement, with the clerk of court of the parish where the property is
located.
D.(1) The owners of land subject to a partial remediation pursuant to
this Section shall impose use restrictions on the future use of the property as
may be determined by the secretary to be necessary to prevent a significant
threat to public health, safety, and welfare and to the environment. No land
may be partially remediated under this Section unless such restrictions are
imposed and recorded as provided herein.
(2) The secretary shall determine the use restrictions required by this
Subsection and may conduct public hearings for the purpose of determining
the reasonableness and appropriateness of such restrictions in the parish where
the land is located. The use restrictions or a notice thereof shall be recorded
with the clerk of court in the official records of each parish in which the land
is located. The use restrictions may not be modified or cancelled or removed
from the official records unless so authorized by the secretary.
(3) The secretary shall not authorize such modification, cancellation,
or removal unless the land is further remediated to remove or remedy the
remaining discharges or disposals and the remaining threatened discharges or
disposals of hazardous substances and wastes in accordance with the
requirements of the secretary. In order to determine whether to authorize such
modification, cancellation, or removal, the secretary shall conduct at least one
public hearing in the parish in which the property is located at least thirty and
not more than sixty days prior to making the determination.

Legislative History

Acts 1995, No. 1092, §1, eff. July 1, 1996.