§6.1. Declaration of emergency
A.Notwithstanding any other provision of this Title, upon receipt of evidence that
there is an incident occurring or threatening to occur imminently at an oilfield site or other
facility, structure, or pipeline under the department's jurisdiction pursuant to R.S. 30:1 et
seq., which is of such magnitude as to require immediate action to prevent substantial or
irreparable damage to the environment or a serious threat to life or safety based on
recognized criteria, standards or industry practices, the department may declare in writing
that an emergency exists.
B.Upon declaration of an emergency, the department shall notify the operator of
record. Notification shall be made by telephone at the emergency number on file in the
department, telegraph, facsimile, o
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§6.1. Declaration of emergency
A. Notwithstanding any other provision of this Title, upon receipt of evidence that
there is an incident occurring or threatening to occur imminently at an oilfield site or other
facility, structure, or pipeline under the department's jurisdiction pursuant to R.S. 30:1 et
seq., which is of such magnitude as to require immediate action to prevent substantial or
irreparable damage to the environment or a serious threat to life or safety based on
recognized criteria, standards or industry practices, the department may declare in writing
that an emergency exists.
B. Upon declaration of an emergency, the department shall notify the operator of
record. Notification shall be made by telephone at the emergency number on file in the
department, telegraph, facsimile, or personal appearance. If the operator cannot be contacted
for notification within twenty-four hours or if the operator of record fails to begin abatement
procedures within twenty-four hours after notice by the department, the department shall
begin the emergency procedures provided for in this Section. Refusal on the part of the
operator to begin abatement procedures after notification by the department shall constitute
a failure or refusal to comply with the provisions of this Title and rules, regulations, and
orders issued thereunder.
C. When an emergency situation is declared, the department is authorized to
undertake the containment and abatement of the pollution source and pollutants and may
retain personnel or contract for these purposes with persons who shall operate under his
direction. All contracts let by the department to respond to a declared emergency shall be
exempt from the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes of
1950 and the Louisiana Procurement Code. However, the department may employ an
informal bidding procedure by which bids are solicited from at least three bidders and may
order the operator of record or owner to undertake the containment, abatement, or cleanup
of such pollution source and pollutants. Failure to comply with his order shall be a violation
of this Title and shall be punishable as provided in this Title. The department shall submit
an annual report to the House Committee on Natural Resources and Environment and Senate
Committee on Natural Resources listing the number and type of emergencies declared within
the previous year.
D.(1) The department may issue permits, variances, or other orders as necessary to
respond to the emergency, which shall be effective immediately upon issuance, and any
request for hearing, appeal, or request for review shall not suspend the implementation of the
action ordered. The term of any such emergency action shall be limited to the time necessary
to address the emergency conditions.
(2) An action for injunctive relief against any order issued pursuant to the declaration
of an emergency shall be brought in the Nineteenth Judicial District Court for the Parish of
East Baton Rouge. Exhaustion of administrative remedies is not a prerequisite to such
action.
(3) The party bringing an action under this Subsection has the burden of
demonstrating, by clear and convincing evidence, that granting injunctive relief shall not
endanger or cause damage to the public health or the environment. If such injunctive relief
is granted, the party bringing such an action shall provide an adequate bond.
E. In addition, when an emergency is declared, emergency response personnel or
contractors shall be authorized to undertake necessary actions to contain and abate the
pollution source and pollutants.
F. In responding to an emergency, the department may utilize any funds allowable
under federal law or state law or any funds which have been appropriated for such purposes,
including but not limited to the Oilfield Site Restoration Fund pursuant to R.S. 30:80 et seq.
Recovery of costs expended shall be in accordance with the statutes, rules, and regulations
applicable to the source of funds.