Louisiana § 40:1289.11 Submission of emergency plan and reporting of toxic substances; penalties

Louisiana Statutes

§ 40:1289.11 — Submission of emergency plan and reporting of toxic substances; penalties

Louisiana § 40:1289.11

Title 40Public Health and Safety

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Bluebook

La. Stat. Ann. § 40:1289.11 (2026).

Text

§1289.11. Submission of emergency plan and reporting of toxic substances; penalties A.

(1)Each plant or industrial facility located within the state of Louisiana wherein any toxic substance is regularly manufactured, stored, or maintained in quantities capable of escaping the boundaries or perimeters of such plant or industrial facility in sufficient concentrations to cause death or serious bodily harm to persons outside said boundaries or perimeters shall prepare and submit an emergency plan for immediate notification of the proper public safety authority. The emergency plan shall be put into effect whenever toxic substances escape beyond the boundaries or perimeters of each plant or industrial facility. The plan shall be submitted to the secretary of the Department of Public Safety and

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§1289.11. Submission of emergency plan and reporting of toxic substances; penalties
A.(1) Each plant or industrial facility located within the state of Louisiana wherein
any toxic substance is regularly manufactured, stored, or maintained in quantities capable of
escaping the boundaries or perimeters of such plant or industrial facility in sufficient
concentrations to cause death or serious bodily harm to persons outside said boundaries or
perimeters shall prepare and submit an emergency plan for immediate notification of the
proper public safety authority. The emergency plan shall be put into effect whenever toxic
substances escape beyond the boundaries or perimeters of each plant or industrial facility.
The plan shall be submitted to the secretary of the Department of Public Safety and
Corrections and the secretary of the Department of Environmental Quality with copies
furnished to the local sheriffs and municipal authorities concerned.
(2) The plan, including a report on toxic substances, shall be submitted on a form
prescribed by the secretary of the Department of Public Safety and Corrections with the
concurrence of the secretary of the Department of Environmental Quality in accordance with
the Administrative Procedure Act. The form shall be incorporated, wherever feasible and
practical, into the survey form implemented under the Hazardous Material Information,
Preparedness and Response Act (R.S. 30:2361 et seq.).
(3) The term "toxic substance" is hereby defined to include those substances which
are designated as toxic in rules and regulations adopted by the Department of Public Safety
and Corrections with the concurrence of the Department of Environmental Quality. The plan
or revisions thereto shall be submitted no later than January 31 of each calendar year.
B. The requirements of this Section shall be applicable to all nuclear reactors within
the state of Louisiana and the escape of radioactivity therefrom.
C. Any person or corporate entity in violation of the provisions of this Section shall
be fined not more than twenty five thousand dollars. Fines collected pursuant to this Section
shall be distributed on a pro rata basis to the governing authority of the parish or parishes
wherein the offending plant or industrial facility is located.

Legislative History

Acts 1979, No. 642, §1; Acts 1980, No. 364; Acts 1983, No. 542, §1; Acts 1985, No. 435, §3, eff. July 11, 1985; Redesignated from R.S. 40:1299.100 by HCR 84 of 2015 R.S.