06LegSummaryEnvironmental

Environmental
2006 Regular Session of the Louisiana Legislature

Provides for the voluntary investigation and remediation of immovable property. A voluntary remedial investigation plan must contain a work plan that conforms to the site investigation requirements of DEQ’s RECAP and other promulgated rules. Site investigations must be performed pursuant to work plans that have been approved by DEQ. DEQ must review the work plan and either approve such plan or provide written notices of deficiencies in the investigation work plan within 90 days of the department’s receipt. The secretary may waive the requirements for a separate remedial investigation work plan if the applicant incorporates a satisfactory investigative report with the voluntary remedial action plan. An applicant must submit a voluntary remedial action plan after the investigation report is approved in order to receive immunity from liability, unless waived by DEQ. (Amends R.S. 30:2286.1(A) and (B))
SB 58 Fontenot; Act 645; Effective 8/15/06

Establishes a procedure for remediation of environmental damage resulting from activities on an oil field site or an oil or gas exploration and production site. The bill requires notice to DNR when a suit is first filed.  After a finding of liability, DNR is given the opportunity to either recommend one of the parties’ remediation plans or to craft its own plan, and the court then determines which plan to implement. The funds for the remediation are placed in the registry of the court, rather than paid directly to the landowners, and the liable defendants are responsible for the landowners’ expenses and attorneys’ fees. See bill for specific time delays and retroactive and prospective application. (Amends R.S. 30:82(6), 89.1 and 2015.1(B), (C)(1), (2), and (4), (D), (E)(1), (F)(2), (H), (I), and (K); adds R.S. 30:29, 29.1, and 2015.1(L))
SB 655 Adley; Act 312; Effective 6/8/06