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Aug 05, 2013
BATON ROUGE- Governor Bobby Jindal declared a State of Emergency due to a train derailment and leak of hazardous materials in St. Landry Parish.
STATE OF EMERGENCY – TRAIN DERAILMENT IN ST. LANDRY PARISH
PROCLAMATION NO. 113 BJ 2013
WHEREAS, the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., confers upon the Governor of the State of Louisiana emergency powers to deal with emergencies and disasters, including those caused by fire, flood, earthquake or other natural or man-made causes, in order to ensure that preparations of this state will be adequate to deal with such emergencies or disasters and to preserve the lives and property of the people of the state of Louisiana;
WHEREAS, when the Governor determines that a disaster or emergency has occurred, or the threat thereof is imminent, R.S. 29:724(B)(1) empowers the Governor to declare a state of emergency by executive order or proclamation, or both;
WHEREAS, at approximately 3:30 p.m. on August 4, 2013, a Union Pacific train derailment occurred at milepost 586.25 near the Beaumont Subdivision in St. Landry Parish, between Lawtell and Opelousas, Louisiana.
WHEREAS, of the 76 railcars and two locomotives, 23 railcars derailed some of which contained hazardous materials, requiring the evacuation of nearby residents; and
WHEREAS, the State anticipates that assistance may be needed for Parishes within the designated emergency area in their preparations and response to this developing threat;
NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and the laws of the State of Louisiana, does hereby order and direct as follows:
SECTION 1: Pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., a state of emergency is hereby declared to exist in St. Landry Parish as a result of the developing threat release of hazardous materials near Lawtell, Louisiana, that threatens the lives and property of the citizens of the State.
SECTION 2: The Director of the Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) is hereby authorized to undertake any activity authorized by law which he deems appropriate in response to this declaration.
SECTION 3: The Louisiana State Police (LSP) and the Louisiana Department of Environmental Quality (DEQ), in coordination with response activities undertaken by GOHSEP, are hereby authorized to undertake any activity authorized by law which they deem appropriate in response to this declaration, including the authority under R.S. 49:214.1, et seq., and Title 38 of the Louisiana Revised Statutes, including but not limited to the exercise of the “full police power of the state” as necessary “to address the loss and devastation to the state and individuals arising from . . . release of hazardous materials.” LSP and DEQ are additionally authorized and directed to undertake any activity necessary to accomplish their responsibilities and duties to implement Emergency Support Function 10 (ESF-10) under the State of Louisiana Emergency Operations Plan, including assessing the potential impact to the residents and businesses within the affected area.
SECTION 4: This state of emergency extends from Sunday, August 4, 2013 to Monday, September 2, 2013, unless terminated sooner.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the City of Baton Rouge, on this 4th day of August, 2013.
/s/ Bobby Jindal______________
GOVERNOR OF LOUISIANA
/s/ Tom Schedler__________
SECRETARY OF STATE