Written Notification Procedures

This summary is not intended to fully represent or be used in place of the regulations. This is a quick reference of where to find the actual citation of the particular regulation by media or incident. This document is not binding upon the Department in any context, way, or form.

The Department of Environmental Quality may withdraw, modify, or depart from this summary at any time as the regulations are amended.

Inactive and Abandoned Hazardous Substance Site Remediation Regulations: Part VI

LAC 33:VI 201:

B. Mandatory Reporting

1. The following persons are required to notify the department of the discharge, emission, or disposal of any hazardous substance at an inactive or uncontrolled site:

the owner, operator, or lessee of the site;

any person who has directly contracted for the transportation of any hazardous substance to the site;

any person who generated any hazardous substance that was discharged or disposed of at the site; or

any person who discharged or disposed of any hazardous substance at a site.

2. The department must be notified regardless of whether the contaminants were discovered before or after the effective date of these regulations.

3. The department shall be notified in writing within 30 calendar days of the discovery of the discharge or disposal of any hazardous substance at an inactive or uncontrolled site. A written report shall be prepared and sent to Louisiana Department of Environmental Quality, PO Box 4312, Baton Rouge, LA 70821-4312

Underground Storage Tank Regulations:

LAC 33:XI.707:

All persons having knowledge of any of the conditions listed below shall notify the department within 24 hours after becoming aware of the occurrence. After discovery of any of the following conditions, owners and operators of UST systems shall follow the procedures specified in LAC 33:XI.711:

Solid Waste Regulations:

LAC 33:VII.315.K

Reporting of Unauthorized Discharge. Any discharge, deposit, injection, spill, dumping, leaking, or placing of solid waste into or on the water, air, or land of the state in contravention of the act, these regulations, or the terms and conditions of a permit issued thereunder, or any accident, fire, explosion, or other emergency that results in such unauthorized solid waste discharge, shall be reported by any person causing, allowing, or suffering said discharge or by any person with knowledge of the discharge to the office, as required by the Notification Regulations and Procedures for Unauthorized Discharges (LAC 33:I.Subpart 2).

Sites on the Internet that provide additional information:

DEQ public website -http://www.deq.louisiana.gov

LAC 33:I.Chapter 39 

Subchapter B. Requirements for Emergency Notification

§3915. Notification Requirements for Unauthorized Discharges Which Cause Emergency Conditions

A. Notification to the DPS 24-hour Louisiana Emergency Hazardous Materials Hotline

1. In the event of an unauthorized discharge that does cause an emergency condition, the discharger shall notify the hotline by telephone at (225) 925-6595 (collect calls accepted 24 hours a day) immediately (a reasonable period of time after taking prompt measures to determine the nature, quantity, and potential off-site impact of a release, considering the exigency of the circumstances), but in no case later than one hour after learning of the discharge. (An emergency condition is any condition which could reasonably be expected to endanger the health and safety of the public, cause significant adverse impact to the land, water, or air environment, or cause severe damage to property.) Notification required by this Subsection will be made regardless of the amount of the discharge.

2. The hotline must be immediately notified of any adverse change in the nature or rate of the discharge.

Notifications must be made for multiple discharges when they originate from different causes or sources or they are substantially different in nature.

3. One notification to the hotline for any unauthorized discharge will suffice for unauthorized discharges that continue for more than one day if the initial notification clearly states that the discharge is expected to continue for more than one day.

4. Dischargers are not relieved from any requisite written notification procedures in LAC 33:I.3925 or of any permit or license terms and conditions issued under the Louisiana Environmental Quality Act.

B. Notification to the Department of Environmental Quality. In the event of an unauthorized discharge which requires notification under Subsection A of this Section, the DPS 24-hour Louisiana Emergency Hazardous Materials Hotline will notify the Department of Environmental Quality.

Subchapter C. Requirements for Non-Emergency Notification

§3917. Notification Requirements for Unauthorized Discharges That Do Not Cause an Emergency Conditions

Condition

A. In the event of an unauthorized discharge which exceeds a reportable quantity specified in Subchapter E of this Chapter but which does not cause an emergency condition, the discharger shall promptly notify DPS  by telephone at (225) 925-6595 (collect calls accepted 24 hours a day) within 24 hours after learning of the disacharge.

§3919. Notification Requirements for Unauthorized Discharges With Groundwater Contamination

Impact

In the event that any unauthorized discharge results in the contamination of the groundwaters of the state or otherwise moves in, into, within, or on any saturated subsurface strata, the discharger shall notify the appropriate division in the department in writing in accordance with LAC 33:I.3925 within seven calendar days after obtaining knowledge of groundwater contamination.

§3925. Written Notification Procedures for the Department of Environmental Quality

A. Written reports for any unauthorized discharge that requires notification under LAC 33:I.3915.A or 3917, 3919 or 3923  shall be submitted by the discharger to SPOC in accordance with this Section within seven calendar days after the telephone notification required by LAC 33:I.3915.A or 3917, 3919, or 3923 unless otherwise provided for in a valid permit or other departmental regulations.

Louisiana Department of Environmental Quality 602 N. Fifth Street Baton Rouge, LA 70802
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