La. Admin. Code tit. 33 § I-807

Current through Register Vol. 50, No. 8, August 20, 2024
Section I-807 - Types of Violations and Expedited Penalty Amounts
A. The types of violations listed in the following tables may qualify for coverage under this Chapter; however, any violation listed below, which is identified in an expedited penalty agreement, must also meet the conditions set forth in LAC 33:I.805.E.

EXPEDITED PENALTIES

ALL MEDIA

Violation

Citation

Amount

Frequency

Repealed.

EXPEDITED PENALTIES

OFFICE OF THE SECRETARY

Violation

Citation

Amount

Frequency

Failure to submit a timely NOC-1 within 45 days of changes in the name only of a facility or of its owner/operator.

LAC 33:I.1905.A

$250

Per occurrence

Failure to provide notice of change of ownership or operational control of the facility within 45 days after the change, where no financial assurance is required.

LAC 33:I.1907.B

$250

Per occurrence

Failure to provide notice of change of ownership or operational control of the facility within 45 days after the change, where financial assurance is required.

LAC 33:I.1909.B

$250

Per occurrence

Failure to notify, in accordance with LAC 33:I.3915.A, in the event of an unauthorized discharge that does cause an emergency condition.

LAC 33:I.3915.A

$1,500

Per occurrence

Failure to provide timely notification for the unauthorized discharge of any material that exceeds the reportable quantity, but does not cause an emergency condition.

LAC 33:I.3917.A

$500

Per occurrence

Failure to provide prompt notification of any unauthorized discharge that results in the contamination of the groundwaters of the state or that otherwise moves in, into, within, or on any saturated subsurface strata in accordance with LAC 33:I.3923.

LAC 33:I.3919.A

$500

Per occurrence

Failure to provide timely written notification of the unauthorized discharge that causes an emergency condition.

LAC 33:I.3925.A

$1,500

Per occurrence

Failure to provide timely written notification of the unauthorized discharge of any material that exceeds the reportable quantity but does not cause an emergency condition.

LAC 33:I.3925.A

$500

Per occurrence

EXPEDITED PENALTIES

AIR QUALITY

Violation

Citation

Amount

Frequency

Failure to submit payment of the appropriate permit fee and receive notification from the administrative authority that the application has been determined complete prior to the operation of any source or activity addressed by a regulatory permit.

LAC 33:III.305.A

$500

Per occurrence

Failure to submit payment of the appropriate permit fee and receive notification from the administrative authority that the application has been determined complete prior to construction of any source or activity addressed by a regulatory permit.

LAC 33:III.305.B

$250

Per occurrence

Failure to submit a timely and complete permit application prior to construction, but the application was submitted within one year from the start of construction of a facility that is eligible for coverage under a Minor Source Permit or a Minor Source - Air General Permit.

LAC 33:III.501.C.1

$250

Per occurrence

Failure to submit a timely and complete permit application prior to reconstruction or modification, but submitted the application within one year from the start of reconstruction or modification of a facility that is permitted under a Minor Source Permit or a Minor Source - Air General Permit.

LAC 33:III.501.C.1

$250

Per occurrence

Failure to obtain a Minor Source Permit or a Minor Source Permit - Air General Permit, but obtained the necessary permit within one year after commencement of operations of a facility that may result in the initiation of emission of air contaminants.

LAC 33:III.501.C.2

$1,000

Per occurrence

Failure to obtain a Minor Source Permit or a Minor Source Permit - Air General Permit, but obtained the necessary permit within two years after commencement of operations of a facility that may result in the initiation of emission of air contaminants.

LAC 33:III.501.C.2

$1,500

Per occurrence

Failure to submit the Minor Source Permit renewal application at least six months prior to the expiration date of the current permit.

LAC 33:III.503.C.3

$500

Per occurrence

Failure to timely submit any applicable Specific Condition or General Condition report as specified in any minor source permit.

LAC 33:III.501.C.4

$250

Per occurrence

Failure to timely submit any applicable Specific Condition or General Condition report (other than those specified elsewhere in this Section) as specified in a Part 70 (Title V) air permit.

LAC 33:III.501.C.4

$350

Per occurrence

40 CFR Part 70 General Permit conditions (Part K, L, M, or R): Failure to timely submit any applicable annual or semiannual report.

LAC 33:III.501.C.4

$500

Per occurrence

Failure to submit the Title V permit renewal application at least six months prior to the expiration date of the current permit, but obtained the renewal permit on or before the expiration date of the current permit.

LAC 33:III.507.E.4

$1,000

Per occurrence

Failure to provide notice of change of ownership within 45 days after the change.

LAC 33:III.517.G

$250

Per occurrence

Failure to use and/or diligently maintain, in proper working order, all air pollution control equipment installed at the site.

LAC 33:III.905

$300

Per occurrence

Failure to submit a complete Annual Criteria Pollutant Emissions Inventory in a timely manner when applicable.

LAC 33:III.919

$500

Per occurrence

Failure to conduct outdoor burning of trees, brush, grass, and other vegetative matter from such area in land clearing and right-of-way maintenance operations at least 1,000 feet from any dwelling other than dwelling or structure located on the property on which the burning is conducted.

LAC 33:III.1109.D.6.b

$500

Per occurrence

Failure to conduct outdoor burning of trees, brush, grass, and other vegetative matter from such area in land clearing and right-of-way maintenance operations between the hours of 8 a.m. and 5 p.m.

LAC 33:III.1109.D.6.e

$500

Per occurrence

Failure to take all reasonable precautions to prevent particulate matter from becoming airborne.

LAC 33:III.1305.A

$750

Per occurrence

Failure to install and maintain tarps in an abrasive blasting facility.

LAC 33:III.1329.C.1-3

$750

Per occurrence

Failure to prevent blasting material or visible floating solids from reaching waters of the state, minimized to the maximum extent possible as specified in the facility and/or activity BMP, or in accordance with the LPDES permit program.

LAC 33:III.1329.E

$750

Per occurrence

Failure to use and diligently maintain in proper working order all emission control equipment according to the manufacturers specifications whenever any emissions are being generated that can be controlled by the facility, even if the ambient air quality standards in affected areas are not exceeded.

LAC 33:III.1329.H

$750

Per violation

Failure to maintain records on the facility premises at all times, and present them to an authorized representative of the department upon request.

LAC 33:III.1333.A or B

$200

Per record

Failure to maintain records for glycol dehydrators subject to LAC 33:III.2116.

LAC 33:III.2116.F

$250

Per occurrence

Failure to submit a complete Annual Toxic Emissions Data Inventory in a timely manner when applicable.

LAC 33:III.5107.A

$500

Per occurrence

EXPEDITED PENALTIES

AIR QUALITY-ASBESTOS

Violation

Citation

Amount

Frequency

Failure to teach courses meeting the minimum criteria and length of training specified, including hands-on training specific to the discipline taught.

LAC 33:III.2799.B and D; 2741.B.2.b; and B.3

$200

Per occurrence

Failure to renew training provider or trainer recognition prior to teaching a class.

LAC 33:III.2799.F

$200-Training Provider

$100-Trainer

Per occurrence

Failure to submit any applicable course notification in writing prior to class commencement, including changes in instructors, location, or time, or course cancellation.

LAC 33:III.2741.E.2.c; and 3.a

$150

Per occurrence

Failure to timely submit a complete class roster of trainees.

LAC 33:III.2741.E.4

$100

Per occurrence

Failure to thoroughly inspect the affected facility or part of the facility where a demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM, prior to the commencement of the demolition or renovation.

LAC 33:III.5151.F.1

$500

Per occurrence

Failure of a person contracted to perform a demolition, renovation, or response action, which disturbs Regulated Asbestos Containing Material (RACM) or conducts Asbestos Contaminated Debris Activity (ACDA) to comply with any applicable requirements of the Louisiana State Licensing Board for Contractors to perform asbestos abatement.

LAC 33:III.5151.F.1.h

$250

Per occurrence

Failure to provide a typed notice of intention to demolish, renovate, conduct a response action, or an ACDA, using the latest version of Notification of Demolition and Renovation, and Asbestos Contaminated Debris Activity Form (AAC-2), and/or submit fees.

LAC 33:III.5151.F.2.a

$200

Per occurrence

Failure of an owner or operator to submit a revised Form AAC-2 when the amount of asbestos changes by 20 percent, or there is a change in the transporter, contractor, or designated landfill.

LAC 33:III.5151.F.2.b

$100

Per occurrence

Failure to postmark or deliver Form AAC-2 at least 10 working days before asbestos stripping or removal work or any other activity begins, if the activity is a demolition or renovation of a facility, where RACM is present as described in LAC 33:III.5151.F.1.a and e (except Clauses F.1.e.ii and iii) or if the debris is ACD, as described in LAC 33:III.5151.F.1.d.

LAC 33:III.5151.F.2.c.i

$100

Per occurrence

Failure to provide notice of a new start date to the DEQ regional office if an asbestos renovation or demolition operation will begin on a date other than the one contained in the original notice.

LAC 33:III.5151.F.2.c. v

$100

Per occurrence

Failure to notify the Office of Environmental Services and the DEQ regional office responsible for inspecting the project site and include information as required by LAC 33:III.5151.F.2.e.i via phone, fax, email, or voice mail as soon as possible, but no later than four hours after learning of the incident that required an emergency response action, demolition or renovation operations.

LAC 33:III.5151.F.2.e

$200

Per occurrence

Failure to submit a typed notification and/or required fees as specified in LAC 33:III.5151.F.2.a and d within five working days after an emergency asbestos notification has been made by phone, fax, email, or voice mail.

LAC 33:III.5151.F.2.e.ii

$200

Per occurrence

Acceptance of an invalid Asbestos Disposal Verification Form (ADVF) by a waste transporter or disposal site owner or operator.

LAC 33:III.5151.F.2.f.vii

$200

Per occurrence

Failure to notify the DEQ regional office responsible for inspecting the project site by fax or Email within 24 hours after the demolition, renovation, response action, or ACDA has ended and the work area has been cleaned in accordance with LAC 33:III.5151.F.3.l.

LAC 33:III.5151.F.3.m

$200

Per occurrence

EXPEDITED PENALTIES

AIR QUALITY-LEAD

Violation

Citation

Amount

Frequency

Failure by a training provider to receive recognition prior to offering or claiming to provide, or providing, lead training courses for accreditation purposes.

LAC 33:III.2805.A and B.14

$200

Per occurrence

Failure by a training provider to employ qualified principal instructors; in particular, allowing trainers to teach courses without current accreditation in the disciplines they teach.

LAC 33:III.2805.B.2.c

$100

Per occurrence

Failure to teach courses meeting the minimum criteria and length of training specified, including required hands-on training.

LAC 33:III.2805.B.6 and 14.b

$200

Per occurrence

Failure to timely submit a complete class roster of trainees within 10 days of course completion.

LAC 33:III.2805.B.9

$100

Per occurrence

Failure to submit any applicable course notification in writing prior to class commencement, including changes in instructors, location, or time, or course cancellation.

LAC 33:III.2805.E

$100

Per occurrence

Failure to submit a notification using a department-approved form and be postmarked or hand-delivered at least five working days prior to beginning any on-site work at the lead abatement project and submit the appropriate fees.

LAC 33:III.2811.E.4.a

$200

Per occurrence

Failure to notify the Office of Environmental Services if operations will stop for a day or more during the project time noted on the lead project notification (LPN) form or the project has been canceled or postponed. Failure to provide the department with notice 24 hours before the completion of a project. Failure to start the project on the date noted on the LPN form.

LAC 33:III.2811.E.4.b

$200

Per occurrence

Failure to provide notification by fax or email for emergency notification during normal working hours or fax, email, or voice mail for emergency notification after normal working hours to the Office of Environmental Services and the DEQ regional office responsible for inspecting the project site within 24 hours of the start of the project. Failure to submit a complete emergency notification form and appropriate processing fees within five working days to the Office of Environmental Services.

LAC 33:III.2811.E.4.c

$200

Per occurrence

Failure to submit an amended LPN to the department and appropriate DEQ regional office when changes occur in the completion dates, methodology, and square footage.

LAC 33:III.2811.E.4.d

$100

Per occurrence

Failure to develop a written occupant and worker protection plan for all abatement projects in accordance with LAC 33:III.2811.E.5.a-c.

LAC 33:III.2811.E.5

$100

Per occurrence

Failure of an accredited inspector or accredited risk assessor to take pre-abatement composite soil samples next to the foundation or from the dripline below any exterior surface to be abated and to have samples analyzed by a recognized laboratory capable of performing these analyses.

LAC 33:III.2811.E.7

$100

Per occurrence

Failure of an accredited inspector or an accredited risk assessor to follow post-abatement clearance procedures as described in LAC 33:III.2811.E.9.a-g.

LAC 33:III.2811.E.9

$500

Per occurrence

Failure to submit an abatement report that was prepared by an accredited lead project supervisor or accredited project designer to the department within 30 days of the completion of the project that includes all the information required by LAC 33:III.2811.E.11.a-g.

LAC 33:III.2811.E.11

$500

Per occurrence

Failure of an owner of any licensed day care center, preschool, or public or nonpublic elementary school facility that qualifies as a child occupied facility (COF) and that was first placed in operation after August 1, 2012, to have an inspector or risk assessor conduct a thorough inspection of facility or grounds for the presence of lead hazards within 30 days of starting operations.

LAC 33:III.2815.A

$500

Per occurrence

EXPEDITED PENALTIES

AIR QUALITY-STAGE II VAPOR RECOVERY

Violation

Citation

Amount

Frequency

NOTE: LAC 33:III.2132 is only applicable to subject gasoline dispensing facilities in the parishes of Ascension, East Baton Rouge, West Baton Rouge, Iberville, Livingston, and Pointe Coupee.

Failure to use and/or diligently maintain, in proper working order, all air pollution control equipment installed at the site.

LAC 33:III.905

$300

Per occurrence

Failure to submit an application to the administrative authority prior to installation of the Stage II vapor recovery system.

LAC 33:III.2132.B.6

$500

Per occurrence

Failure to have at least one person trained as required by the regulations.

LAC 33:III.2132.C

$300

Per occurrence

Failure to test the vapor recovery system prior to start-up of the facility and annually thereafter.

LAC 33:III.2132.D

$750

Per occurrence

Failure to post operating instructions on each pump.

LAC 33:III.2132.E

$100

Per occurrence

Failure to maintain equipment and tag defective equipment "out of order."

LAC 33:III.2132.F.1 and 3-4

$500

Per inspection

Failure to perform daily inspections and accurately record results.

LAC 33:III.2132.F.2

$300

Per inspection

Failure to maintain records on-site for at least two years and present them to an authorized representative upon request.

LAC 33:III.2132.G.1-7

$200

Per compliance inspection

EXPEDITED PENALTIES

AIR QUALITY-CHEMICAL ACCIDENT PREVENTION

Violation

Citation

Amount

Frequency

Failure to ensure current and newly assigned employees have received initial and refresher training as specified (five or fewer employees).

LAC 33:III.5901.A, as described by 40 CFR 68.54(a-d) (Program 2)

$500

Per occurrence/ employee

Failure to prepare and implement procedures to maintain the ongoing mechanical integrity of the process equipment and/or perform or cause to be performed inspections and tests on process equipment.

LAC 33:III.5901.A, as described by 40 CFR 68.56 (a and d) (Program 2)

$1500

Per occurrence

Failure to document completion of a process hazard analysis action item.

LAC 33:III.5901.A, as described by 40 CFR 68.67(e) (Program 3)

$250

Per occurrence

Failure to ensure current and newly assigned employees have received initial and refresher training (five or fewer employees).

LAC 33:III.5901.A, as described by 40 CFR 68.71 (a and b) (Program 3)

$750

Per occurrence/ employee

Failure to document each inspection and test performed on process equipment.

LAC 33:III.5901.A, as described by 40 CFR 68.73(d)(4) (Program 3)

$250

Per occurrence

EXPEDITED PENALTIES

HAZARDOUS WASTE1

Violation

Citation

Amount

Frequency

Unpermitted/Unauthorized storage of on-site generated hazardous waste for a period greater than the allowable time frame and which did not result in, or significantly increase the risk of, a release of or exposure to hazardous waste.

LAC 33:V.303.B

$1,000

Per inspection

Failure by a very small quantity generator to comply with hazardous waste determination and recordkeeping requirements as specified in LAC 33:V.1005.A-E.

LAC 33:V.1003.A.1.a.i; LAC 33:V.1005

$500

Per occurrence

Failure by a very small quantity generator to properly determine and/or document its hazardous waste generator status in accordance with LAC 33:V.1007.

LAC 33:V.1003.A.1.a.ii; LAC 33:V.1005

$250

Per occurrence

Failure by a very small quantity generator to obtain an active EPA identification number within 14 days after first generating a hazardous waste.

LAC 33:V.1003.A.1.a.iii; LAC 33:V.1005; LAC 33:V.1017

$250

Per inspection

Failure by a small quantity generator to comply with hazardous waste determination and recordkeeping requirements as specified in LAC 33:V.1005.A-H.

LAC 33:V.1003.A.1.b.i

$500

Per occurrence

Failure by a small quantity generator to properly determine and/or document its hazardous waste generator status in accordance with LAC 33:V.1007.

LAC 33:V.1003.A.1.b.ii; LAC 33:V.1007

$500

Per occurrence

Failure by a small quantity generator to notify the department of its hazardous waste activities in accordance with LAC 33:V.1017.

LAC 33:V.1003.A.1.b.iii; LAC 33:V.1017

$250

Per occurrence

Failure by a small quantity generator to comply with applicable recordkeeping and/or reporting requirements specified in LAC 33:V.1019 and LAC 33:V.1027.

LAC 33:V.1003.A.1.b.iv-v; LAC 33:V.1019 and 1027

$500

Per occurrence

Failure by a small quantity to prepare a uniform hazardous waste manifest when transporting, or offering the transportation, of hazardous waste.

LAC 33:V.1003.A.1.b.vi

$500

Per occurrence

Failure by a large quantity generator to comply with hazardous waste determination requirements.

LAC 33:V.1003.A.1.c.i; LAC 33:V.1005

$500

Per occurrence

Failure by a large quantity generator to comply with hazardous waste determination recordkeeping requirements as specified in LAC 33:V.1005.A-H.

LAC 33:V.1003.A.1.c.i; LAC 33:V.1005

$500

Per occurrence

Failure by a large quantity generator to properly determine and/or document its hazardous waste generator status in accordance with LAC 33:V.1007.

LAC 33:V.1003.A.1.c.ii; LAC 33:V.1007

$500

Per occurrence

Failure by a large quantity generator to notify the department of its hazardous waste activities in accordance with LAC 33:V.1017.

LAC 33:V.1003.A.1.c.iii; LAC 33:V.1017

$1,500

Per occurrence

Failure by a large quantity generator to comply with applicable recordkeeping and/or reporting requirements specified in LAC 33:V.1019, 1021, 1023, and 1025.

LAC 33:V.1003.A.1.c.iv; LAC 33:V.1019, 1021, 1023, and 1025

$500

Per occurrence

Failure by a large quantity generator to prepare a uniform hazardous waste manifest when transporting, or offering the transportation, of hazardous waste.

LAC 33:V.1003.A.1.c.v

$500

Per occurrence

Failure by a small or large quantity generator to maintain records supporting its hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste, as defined by LAC 33:V.109.

LAC 33:V.1005.G

$500

Per occurrence

Failure to identify and/or mark containers with all applicable EPA hazardous waste numbers prior to shipping the waste offsite in accordance with LAC 33:V.1063.C.

LAC 33:V.1005.H

$250

Per inspection

Failure by a very small quantity generator under the control of a large quantity generator to clearly label or mark a container or containers storing hazardous waste with the words "Hazardous Waste" and/or an indication of the hazards associated with the contents of the container.

LAC 33:V.1009.A.5.h.ii.(a) and (b)

$250

Per inspection

Failure by a very small quantity generator to keep a container containing non-volatile hazardous waste closed, except when necessary to add or remove waste.

LAC 33:V.1009.A.6.

$150

Per occurrence

Failure by a very small quantity generator to keep a container containing volatile hazardous waste closed, except when necessary to add or remove waste.

LAC 33:V.1009.A.6

$500

Per occurrence

Failure by a small or large quantity generator to keep a satellite container storing nonvolatile hazardous waste closed, except when necessary to add or remove waste.

LAC 33:V.1011.A.4.

$150

Per occurrence

Failure by a small or large quantity generator to keep a satellite container storing volatile hazardous waste closed, except when necessary to add or remove waste.

LAC 33:V.1011.A.4.

$500

Per occurrence

Failure by a small or large quantity generator to clearly label or mark a container storing hazardous waste with the words "Hazardous Waste" and/or an indication of the hazards associated with the contents of the container.

LAC 33:V.1011.A.5.a and b

$250

Per occurrence

Failure by a small quantity generator to store hazardous waste in a container in good condition.

LAC 33:V.1013.C.2.a

$300

Per occurrence

Failure by a small quantity generator to conduct weekly inspections of hazardous waste containers.

LAC 33:V.1013.C.2.d

$100

Per occurrence

Failure by a large quantity generator to store hazardous waste in a container in good condition.

LAC 33:V.1015.B.1.b

$300

Per occurrence

Failure by a large quantity generator to conduct weekly inspections of hazardous waste containers.

LAC 33:V.1015.B.1.e

$200

Per occurrence

Failure by a large quantity generator to provide an annual review of the training specified in LAC 33:V.1015.B.7.a.

LAC 33:V.1015.B.7

$750

Per occurrence

Failure by a large quantity generator to have its waste minimization plan certified by a Louisiana registered professional engineer (PE) as required by LAC 33:V.2245.J.

LAC 33:V.1015.B.9

$500

Per occurrence

Failure by a large quantity generator to prepare develop and retain on-site a waste minimization plan that includes ongoing and proposed waste minimization projects and tentative beginning dates for proposed projects as required by LAC 33:V.2245.K.

LAC 33:V.1015.B.9

$1,500

Per occurrence

Failure by a hazardous waste generator to submit a timely, accurate, and/or complete hazardous waste annual report.

LAC 33:V.1021

$500

Per occurrence

Failure by a large quantity generator to maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in the event of an emergency.

LAC 33:V.1047.A

$750

Per occurrence

Failure by a large quantity generator to make or attempt to make arrangements with local authorities.

LAC 33:V.1049.A

$500

Per occurrence

Failure by a large quantity generator to prepare a sitespecific contingency plan.

LAC 33:V.1051.A

$1,500

Per occurrence

Failure by a large quantity generator to prepare and/or maintain a contingency plan meeting the content requirements specified in LAC 33:V.1053.A-E.

LAC 33:V.1053

$500

Per occurrence

Failure to make arrangements with local authorities as specified in LAC 33:V.1511.G.1 and 2.

LAC 33:V.1511.G

$500

Per occurrence

Failure to prepare a facility contingency plan.

LAC 33:V.1513.A

$1,500

Per occurrence

Failure to prepare a contingency plan meeting the content requirements specified in LAC 33:V.1513.B.1-6.

LAC 33:V.1513.B

$500

Per occurrence

Failure to provide facility personnel with an annual review of the initial training required in LAC 33:V.1515.A.

LAC 33:V.1515.C

$750

Per occurrence

Failure to maintain personnel training records as specified in LAC 33:V.1515.D.1-4.

LAC 33:V.1515.D

$750

Per occurrence

Failure to submit an annual hazardous waste report.

LAC 33:V.1529.D

$500

Per occurrence

Failure to store universal waste in an appropriate container.

LAC 33:V.3821

$200

Per occurrence

Failure to label or mark each universal waste or a container storing universal waste in accordance with LAC 33:V.3823 and/or LAC 33:V.3845.

LAC 33:V.3823; LAC 33:V.3845

$250

Per inspection

Failure by a used oil handler to label or mark containers or aboveground tanks storing used oil or fill pipes to transfer used oil into underground storage tanks with the words "Used Oil."

LAC 33:V.4013.D; LAC 33:V.4035.G; LAC 33:V.4049.F; LAC 33:V.4069.F

$250

Per inspection

Failure by a used oil burner to stop, contain, clean up, and/or manage a release of used oil, and/or repair or replace leaking used oil containers or tanks prior to returning them to service.

LAC 33:V.4069.H

$750

Per occurrence

1 In July 2020, the Department promulgated new and recodified existing regulations applicable to generators of hazardous waste resulting in the migration of specific hazardous waste generator regulations from LAC 33:V.Chapter 11 into LAC 33:V.Chapter 10. Violations of specific hazardous waste generator regulations documented/occurring prior to July 2020 may be resolved in accordance with analogous regulations specified in this table.

EXPEDITED PENALTIES

SOLID WASTE

Violation

Citation

Amount

Frequency

Storing and/or allowing the storage of solid waste in an unauthorized off-site location.

LAC 33:VII.315.B

$500

Per inspection

Storing solid waste on-site for greater than one year.

LAC 33:VII.315.B

$250

Per inspection

Unauthorized on-site processing and/or disposal of regulated solid waste generated at the site by an individual who owns, leases, or has an actual right, title, or interest in the property.

LAC 33:VII.315.C

$500

Per occurrence

Failure to report any discharge, deposit, injection, spill, dumping, leaking, or placing of solid waste into or on the water, air, or land.

LAC 33:VII.315.F

$500

Per occurrence

An individual causing, allowing, and/or permitting solid waste to be disposed of in such a manner that it enters waters of the state.

LAC 33:VII.315.L

$500

Per inspection

A business causing, allowing, and/or permitting solid waste to be disposed of in such a manner that it enters waters of the state.

LAC 33:VII.315.L

$1,500

Per inspection

An individual engaged in open burning of solid waste as prohibited by regulation.

LAC 33:VII.315.M

$300

Per inspection

A business engaged in open burning of solid waste as prohibited by regulation.

LAC 33:VII.315.M

$1,500

Per inspection

Offering residential solid waste to an unauthorized transporter and/or a facility not permitted to receive such waste.

LAC 33:VII.315.O

$500

Per occurrence

Offering commercial solid waste and/or construction and demolition debris to an unauthorized transporter and/or a facility not permitted to receive such waste.

LAC 33:VII.315.O

$1,000

Per occurrence

Offering industrial solid waste to an unauthorized transporter and/or a facility not permitted to receive such waste.

LAC 33:VII.315.O

$1,500

Per occurrence

Failure to notify the department of generating, transporting, processing, or disposing of solid waste.

LAC 33:VII.401.A

$300

Per occurrence

Failure to comply with the container requirements of LAC 33:VII.503.A.2 and 507.C.

LAC 33:VII.503.A.2 and 507.C

$100

Per occurrence

Transportation of solid waste to a processing or disposal facility not permitted to receive such waste.

LAC 33:VII.505.D

$1,500

Per occurrence

Storage of solid waste in a facility's buffer zone.

LAC 33:VII.508.B, 709.B.3.b, 717.B.3.b and 719.B.3.b

$250

Per inspection

Failure to submit an annual recycling report by August 1 of each calendar year.

LAC 33:VII.508.C.4

$200

Per occurrence

Failure to have control measures that prevent ingress and egress.

LAC 33:VII.508.F

$500

Per inspection

Failure to prevent litter from leaving the tipping area.

LAC 33:VII.508.G

$200

Per inspection

Failure to have tipping area constructed as required by LAC 33:VII.508.G.

LAC 33:VII.508.G

$500

Per inspection

Failure to inspect the facility at the end of each day, clean up litter or waste and place into the last transportation vehicle and/or document inspections.

LAC 33:VII.508.H

$200

Per inspection

Failure to comply with the record requirements of LAC 33:VII.508.J.

LAC 33:VII.508.J

$200

Per inspection

Failure to submit a permit renewal application to the Office of Environmental Services at least 365 calendar days before the expiration date of the standard permit.

LAC 33:VII.509.D.2.a

$500

Per occurrence

Failure to submit a minor permit modification request to the Office of Environmental Services in accordance with LAC 33:VII.517.A and C.

LAC 33:VII.517.A and C

$1,000

Per occurrence

Failure by a permitted solid waste facility to submit a timely and/or accurate Certification of Compliance.

LAC 33:VII.525.A; 711.C.1; 713.C.1; 715.C; 717.F.1; 721.B.1; 723.C.1 and 725.B.1

$500

Per occurrence

Failure to minimize blowing paper and litter.

LAC 33:VII.711.B.2.a.iv and 721.A.2.a.iv

$200

Per inspection

Failure to maintain a cover log as required by LAC 33:VII.711.B.2.h and 721.A.2.d.

LAC 33:VII.711.B.2.h and 721.A.2.d

$200

Per inspection

Failure to maintain records as required.

LAC 33:VII.711.C.2; 717.F.2 and 721.B.2

$200

Per inspection

Failure to have the required number and/or level of certified operators.

LAC 33:VII.711.C.3.b and 721.B.3.b

$500

Per inspection

Failure to prevent solid waste from being deposited in standing water and/or failing to immediately remove solid waste from standing water.

LAC 33:VII.711.D.1.i and 721.C.1.g

$500

Per inspection

Failure to store white goods separately, remove white goods every 30 days and/or maintain a log of dates and volumes of white goods removed from the facility.

LAC 33:VII.711.D.5

$500

Per inspection

Failure to prevent disposal of waste prohibited by LAC 33:VII.721.C.1.f.

LAC 33:VII.721.C.1.f

$500

Per inspection

Failure to address unacceptable waste as required by LAC 33:VII.721.C.4.

LAC 33:VII.721.C.4

$500

Per inspection

Failure to have protective casing with locking covers and a secure locking device in place for all groundwater monitoring wells.

LAC 33:VII.805.A.3.c.i

$200

Per inspection

Failure to have guard posts firmly anchored outside the well slab, but not in contact with the slab.

LAC 33:VII.805.A3.c.ii

$200

Per inspection

Failure to sample all wells every six months.

LAC 33:VII.805.C.3

$500

Per occurrence

Failure to submit groundwater sampling results no later than 90 days after each sampling event in accordance with LAC 33:VII.805.C.5.

LAC 33:VII.805.C.5

$300

Per occurrence

EXPEDITED PENALTIES

SOLID WASTE-Waste Tires

Violation

Citation

Amount

Frequency

An individual disposing, discarding, burning, and/or abandoning waste tire or waste tire material without written approval from the administrative authority.

LAC 33:VII.10509.B

$500

Per inspection

A business disposing, discarding, burning, and/or abandoning waste tire or waste tire material without written approval from the administrative authority.

LAC 33:VII.10509.B; 10527.H.2.f

$1,500

Per inspection

Storage of more than 20 whole waste tires without authorization from the administrative authority.

LAC 33:VII.10509.C

$200

Per occurrence

Transporting more than 20 waste tires without first obtaining a transporter authorization certificate and a completed manifest satisfying the requirements of LAC 33:VII.10534.

LAC 33:VII.10509.D; 10523.B and 10534.A

$300

Per occurrence

Storing waste tires for more than 365 days without prior written authorization from the administrative authority.

LAC 33:VII.10509.F; 10527.H.2.f

$200

Per occurrence

Failure to maintain all required records for five years and/or make available for inspections and/or upon request.

LAC 33:VII.10509.H-J; 10519.D.3; 10519.D.4; 10519.H; 10519.O; 10519.P; 10519.Q; 10521.D.3; 10521.D.4; 10527.A; 10527.H.2.f; 10531.D.6; 10531.D.7; 10532.F; 10534.B.8 and 10534.C.8

$200

Per inspection

Failure to maintain required records on-site or at an alternative location approved by the administrative authority.

LAC 33:VII.10509.H; 10509.I; 10509.J; 10519.D.4; 10519.H; 10519.O; 10519.Q; 10521.D.4; 10527.A; 10527.H.2.f; 10531.D.7; and 10532.F

$200

Per inspection

Failure to obtain an identification number within 30 days of commencing business operations.

LAC 33:VII.10519.A; 10521.A

$300

Per occurrence

Failure to accept one waste tire for every new tire sold unless the purchaser chooses to keep the waste tire.

LAC 33:VII.10519.B

$100

Per inspection

Failure to collect appropriate waste tire fee for each tire sold.

LAC 33:VII.10519.C; 10521.B; 10535.B

$200

Per inspection

Failure to submit monthly waste tire fees and/or fee reports to the state on a monthly basis, as specified in the regulations.

LAC 33:VII.10519.D; 10521.D

$250

12 or fewer months in violation

Failure to submit monthly waste tire fees and/or fee reports to the state on a monthly basis, as specified in the regulations.

LAC 33:VII.10519.D; 10521.D

$500

More than 12 months in violation

Failure to post required notifications to the public.

LAC 33:VII.10519.F; 10521.F

$100

Per inspection

Failure to list the waste tire fee as "LDEQ waste tire fee".

LAC 33:VII.10519.G; 10521.G

$100

Per inspection

Failure to list the waste tire fee on a separate line on the invoice.

LAC 33:VII.10519.G; 10521.G

$100

Per inspection

Applying tax to the waste tire fee.

LAC 33:VII.10519.G; 10521.G

$100

Per inspection

Failure to keep waste tires covered as specified.

LAC 33:VII.10519.I; 10521.J; 10527.H.2.f

$200

Per inspection

Storing waste tires for more than 120 days without complying with the exceptions for the extended storage time.

LAC 33:VII.10519.J

$200

Per inspection

Failure to store more than 150 waste tires indoors or in a transportable container.

LAC 33:VII.10519.K

$250

Per inspection

Failure to use an authorized transporter for removal of waste tires from a place of business.

LAC 33:VII.10519.L

$500

Per occurrence

Failure to notify authority within 10 days of closure or relocation of the business.

LAC 33:VII.10519.M

$300

Per occurrence

Failure to segregate waste tires from new or used tires offered for sale.

LAC 33:VII.10519.N

$200

Per occurrence

Failure to notify within 10 days when any information provided on the waste tire notification changes.

LAC 33:VII.10519.R

$200

Per occurrence

Failure of a transporter to only accept and transport waste tire from an authorized generator.

LAC 33:VII.10523.F

$500

Per inspection

Failure of a transporter to transport all waste tires to an authorized collection center, an authorized waste tire transfer station, a permitted processing facility, or an authorized end-market use.

LAC 33:VII.10523.G

$1,000

Per occurrence

Failure to affix the transporter decal to the driver and passenger sides of each registered vehicle listed on the notification form and/or keep the transporter authorization certificate in the registered vehicle.

LAC 33:VII.10523.H

$100

Per occurrence

Failure to provide notification in writing within 10 days when any information on the authorization certificate changes or if they cease transporting waste tires.

LAC 33:VII.10523.I

$100

Per occurrence

Operating a waste tire transfer station without authorization.

LAC 33:VII.10524.A

$300

Per occurrence

Storing waste tires at a transfer station for more than 10 days.

LAC 33:VII.10524.E

$200

Per inspection

Failure to store waste tires in accordance with LAC 33:VII.10524.F.

LAC 33:VII.10524.F

$200

Per inspection

Failure to maintain waste tire manifests in accordance with LAC 33:VII.10524.G.

LAC 33:VII.10524.G

$200

Per inspection

Accepting waste tires from a person other than an authorized transporter.

LAC 33:VII.10524.H

$500

Per inspection

Failure to notify the administrative authority within 10 days of closure or relocation.

LAC 33:VII.10524.I

$300

Per occurrence

Failure to comply with the provisions of LAC 33:VII.10524.K.

LAC 33:VII.10524.K

$250

Per inspection

Failure to verify, by counting, the number of eligible and ineligible waste tires upon receiving a shipment.

LAC 33:VII.10525.B.1

$1,500

Per inspection

Acceptance by a processor of more than 20 unmanifested waste tires per day per customer.

LAC 33:VII.10525.B.2

$300

Per occurrence

Failure of a processor to maintain a log for all unmanifested loads in accordance with LAC 33:VII.10525.B.2.a-e.

LAC 33:VII.10525.B.2

$200

Per inspection

Listing, on the unmanifested waste tire log, an ineligible tire as eligible.

LAC 33:VII.10525.C

$500

Per inspection

Failure to submit monthly reports on or before the 12 day of each month in accordance with LAC 33:VII.10525.D.1-7.

LAC 33:VII.10525.D

$100

Per occurrence

Failure to submit a timely annual report of the previous year's activity of end-market use projects.

LAC 33:VII.10525.E

$200

Per occurrence

Failure to meet any of the facility standards listed in LAC 33:VII.10525.G.

LAC 33:VII.10525.G

$300

Per occurrence

Failure to comply with the provisions of LAC 33:VII.10525.J prior to operating tire splitting equipment.

LAC 33:VII.10525.J

$300

Per inspection

Failure to maintain complete records in accordance with LAC 33:VII.10525.K.

LAC 33:VII.10525.K

$200

Per inspection

Failure by a collection center to submit monthly waste tire reports by the 15 of each month.

LAC 33:VII.10527.A; 10527.H.2.f

$250

12 or fewer months in violation

Failure by a collection center to submit monthly waste tire reports by the 15 of each month.

LAC 33:VII.10527.A; 10527.H.2.f

$500

More than

12 months in violation

Failure by a collection center to count the number of tires in each shipment.

LAC 33:VII.10527.A; 10527.H.2.f

$500

Per inspection

Failure by a collection center to accept no more than five unmanifested waste tires per individual, per day, per vehicle.

LAC 33:VII.10527.A.2; 10527.H.2.f

$300

Per inspection

Failure by a collection center to follow the log requirements for accepting unmanifested waste tires.

LAC 33:VII.10527.A.2; 10527.H.2.f

$200

Per inspection

Failure of collection center operator to meet the standards in LAC 33:VII.10527.B.

LAC 33:VII.10527.B

$300

Per occurrence

Failure to store no more than 3,000 whole waste tires at a time.

LAC 33:VII.10527.C; 10527.H.2.f

$500

Per inspection

Failure by a government-operated collection center to have personnel present during operational hours, control ingress and/or egress during non-operational hours and/or have staff witnessing the loading and unloading of waste tires.

LAC 33:VII.10527.H.1.b and c

$500

Per inspection

Failure by a government-operated collection center to comply with the facility standards of LAC 33:VII.10527.H.2.a-d.

LAC 33:VII.10527.H.2.a-d

$500

Per inspection

Failure by a government-operated collection center to comply with the notification requirements of LAC 33:VI.10527.H.2.e.

LAC 33:VII.10527.H.2.e

$300

Per occurrence

Failure by property owners to remove waste tires in accordance with LAC 33:VII.10529.A.

LAC 33:VII.10529.A.1

$200

Per inspection

Failure by property owners to provide adequate disease vector control measures, keep the site free of excess grass, underbrush, and other harborage and/or prevent further disposal of waste tires or other waste.

LAC 33:VII.10529.A.2 and 3

$200

Per inspection

Failure to have waste tires removed by an authorized waste tire transporter and/or processed by the permitted waste tire processor indicated on the single event clean up form.

LAC 33:VII.10529.B.2

$200

Per occurrence

Failure by high volume end use facilities to meet the requirements of LAC 33:VII.10531.A.

LAC 33:VII.10531.A

$300

Per inspection

Failure by high volume end use facilities to maintain a log as required by LAC 33:VII.10531.B.3.

LAC 33:VII.10531.B.3

$200

Per inspection

Failure to provide a manifest for all waste tire shipments containing more than 20 tires.

LAC 33:VII.10519.H; 10521.I; 10523.B; 10525.F; 10527.F; and 10534.A

$200

Per occurrence

Failure by a waste tire generator to list ineligible tires on a manifest.

LAC 33:VII.10519.H and 10534.A

$500

Per inspection

Failure to comply with the provisions of LAC 33:VII.10534.B.1-6.

LAC 33:VII.10519.H; 10521.I; 10525.F; 10527.F; 10527.H.2.f and 10534.B.1-6

$200

Per inspection

Failure to follow the requirements for manifest discrepancies.

LAC 33:VII.10525.F; 10527.H.2.f; 10534.B.7 and C.7

$300

Per occurrence

Failure to comply with the provisions of LAC 33:VII.10534.C.1-6.

LAC 33:VII.10525.F; 10527.H.2.f and 10534.C.1-6

$200

Per inspection

EXPEDITED PENALTIES

WATER QUALITY-Storm Water General Permit Series (LAR040000, LAR050000, LAR100000, and LAR200000)

Violation

Citation

Amount1 Frequency

Failure to submit a Notice of Intent for coverage under LPDES Storm Water General Permit LAR050000 or LAR100000.

LAC 33:IX.2511.C.1

$1,000

Per occurrence

Failure to comply with effluent limitations and/or monitoring requirements from a facility eligible for coverage under an LPDES permit within the Storm Water General Series.

LAC 33:IX.2701.A

$300

Per occurrence

Failure to prepare and/or implement any portion or portions of a Storm Water Pollution Prevention Plan (SWPPP) as required by LPDES General Permit LAR040000 and LAR200000.

LAC 33:IX.2701.A

$300

Per occurrence

Failure to prepare and/or implement any portion or portions of a Storm Water Pollution Prevention Plan (SWPPP) as required by LPDES General Permit LAR100000 and LAR050000.

LAC 33:IX.2701.A

$1,000

Per occurrence

Failure to install and maintain erosion and sediment controls from a facility eligible for coverage under LAR100000.

LAC 33:IX.4903.A

$500

Per occurrence

1For each applicable violation that potentially contributes to impairment of a water body, an additional $500 penalty amount shall be added to the penalty amount specified with the violation.

EXPEDITED PENALTIES

WATER QUALITY-Sanitary General Permit Series LAG530000, LAG540000, LAG560000, LAG570000, and LAG750000

Violation

Citation

Amount1

Frequency

Unauthorized discharge of pollutants to waters of the state that does not cause an emergency condition and is from a facility eligible for coverage under LPDES General Permit LAG53000, LAG540000, or LAG750000.

LAC 33:IX.501.D

$500

Per occurrence

Failure to comply with effluent limitations and/or monitoring requirements of LPDES General Permit LAG530000.

LAC 33:IX.2701.A

$250

10 or fewer violations

Failure to comply with effluent limitations and/or monitoring requirements of LPDES General Permit LAG530000.

LAC 33:IX.2701.A

$500

More than 10, but less than 20 violations

Failure to comply with effluent limitations and/or monitoring requirements of LPDES General Permit LAG540000 or LAG750000.

LAC 33:IX.2701.A

$300

10 or fewer violations

Failure to comply with effluent limitations and/or monitoring requirements of LPDES General Permit LAG540000 or LAG750000.

LAC 33:IX.2701.A

$600

More than 10, but less than 20 violations

Failure to properly operate and maintain all facilities and systems of treatment and control including sanitary sewer overflows.

LAC 33:IX.2701.E

$250

Per occurrence

Failure to properly operate and maintain all facilities and systems of treatment and control.

LAC 33:IX.2701.E

$100

Per occurrence

Unauthorized discharge of pollutants to waters of the state that do not cause an emergency condition and is from a facility eligible for coverage under LPDES General Permit LAG560000 or LAG570000.

LAC 33:IX.501.D

$750

Per occurrence

Failure to submit an initial application or Notice of Intent (NOI) for authorization under an LPDES permit within the Sanitary General Permit Series.

LAC 33:IX.2501.A

$500

Per required submittal

Failure to comply with effluent limitations and/or monitoring requirements of LPDES General Permit LAG530000.

LAC 33:IX.2701.A

$250

10 or fewer violations

Failure to comply with effluent limitations and/or monitoring requirements of LPDES General Permit LAG530000.

LAC 33:IX.2701.A

$500

More than 10 violations

Failure to comply with effluent limitations and/or monitoring requirements of LPDES General Permit LAG540000 or LAG750000.

LAC 33:IX.2701.A

$300

10 or fewer violations

Failure to comply with effluent limitations and/or monitoring requirements of LPDES General Permit LAG540000 or LAG750000.

LAC 33:IX.2701.A

$600

More than 10 violations

Failure to comply with effluent limitations and/or monitoring requirements of an LPDES General Permit LAG560000 or LAG570000.

LAC 33:IX.2701.A

$750

20 or fewer violations

Failure to comply with effluent limitations and/or monitoring requirements of an LPDES General Permit LAG560000 or LAG570000.

LAC 33:IX.2701.A

$1,500

More than 20 violations

Failure to properly operate and maintain all facilities and systems of treatment and control including sanitary sewer overflows.

LAC 33:IX.2701.E

$250

Per occurrence

1For each applicable violation that potentially contributes to impairment of a water body, an additional $500 penalty amount shall be added to the penalty amount specified with the violation.

EXPEDITED PENALTIES

WATER QUALITY-Industrial/Commercial General Permit Series LAG030000, LAG110000, LAG380000, LAG420000, LAG470000, LAG480000, LAG490000, LAG670000, and LAG780000

Violation

Citation

Amount1

Frequency

Unauthorized discharge of pollutants to waters of the state that does not cause an emergency condition and is from a facility eligible for coverage under an LPDES permit within the Industrial/Commercial General Series.

LAC 33:IX.501.D

$800

Per occurrence

Failure to comply with effluent limitations and/or monitoring requirements from a facility covered under an LPDES permit within the

Industrial/Commercial General Series.

LAC 33:IX.2701.A

$500

10 or fewer violations

Failure to comply with effluent limitations and/or monitoring requirements from a facility covered under an LPDES permit within the Industrial/Commercial General Series.

LAC 33:IX.2701.A

$1,000

More than 10, but less than or equal to 20 violations

1 For each applicable violation that potentially contributes to impairment of a water body, an additional $500 penalty amount shall be added to the penalty amount specified with the violation.

EXPEDITED PENALTIES

WATER QUALITY-Oil and Gas General Permit Series LAG260000, LAG300000, LAG330000, or LAG830000

Violation

Citation

Amount1

Frequency

Unauthorized discharge of pollutants to waters of the state that does not cause an emergency condition and is from a facility eligible for coverage under an LPDES permit within the Oil and Gas General Series.

LAC 33:IX.501.D

$1,000

Per occurrence

Failure to comply with effluent limitations and/or monitoring requirements from a facility covered under an LPDES permit within the Oil and Gas General Series.

LAC 33:IX.2701.A

$500

10 or fewer violations

Failure to comply with effluent limitations and/or monitoring requirements from a facility covered under an LPDES permit within the Oil and Gas General Series.

LAC 33:IX.2701.A

$1,000

More than 10, but less than or equal to 20 violations

1For each applicable violation that potentially contributes to impairment of a water body, an additional $500 penalty amount shall be added to the penalty amount specified with the violation.

EXPEDITED PENALTIES

WATER QUALITY-Other Permits

Violation

Citation

Amount1

Frequency

Unauthorized discharge of pollutants from a permitted facility, which is not covered under a General Permit, as defined in LAC 33.IX.2313.

LAC 33:IX.501.D

$1,000

Per occurrence

Failure to comply with effluent limitations and/or monitoring requirements from a facility covered under an LPDES permit, which is not covered under a General Permit as defined in LAC 33.IX.2313.

LAC 33:IX.2701.A

$500

10 or fewer violations

Failure to comply with effluent limitations and/or monitoring requirements from a facility covered under an LPDES permit, which is not covered under a General Permit as defined in LAC 33.IX.2313.

LAC 33:IX.2701.A

$1,000

More than 10, but less than or equal to 20 violations

Failure to comply with effluent limitations and/or monitoring requirements from a facility covered under an LPDES permit, which is not covered under a General Permit, as defined in LAC 33.IX.2313.

LAC 33:IX.2701.A

$1,500

More than 20, but less than or equal to 30 violations

Failure to properly operate and maintain all facilities and systems of treatment and control including sanitary overflows.

LAC 33:IX.2701.E

$500

Per occurrence

1 For each applicable violation that potentially contributes to impairment of a water body, an additional $500 penalty amount shall be added to the penalty amount specified above.

EXPEDITED PENALTIES

WATER QUALITY-Nonspecific

Violation

Citation

Amount1

Frequency

Failure to submit any periodic (monthly or quarterly) compliance schedule status report as required in an issued enforcement action.

LAC 33:IX.501.A

$300

Per required submittal

Unauthorized discharge of any pollutant not specifically authorized by a permit or the Water Quality Regulations.

LAC 33:IX.501.C

$1,000

Per occurrence

Failure to develop a Spill Prevention and Control (SPC) plan for any applicable facility.

LAC 33:IX.708.C.1.b; LAC 33:IX.905

$1,000

Per occurrence

Failure to implement any component of an SPC plan which does not result in a release of pollutants to waters of the state.

LAC 33:IX.708.C.1.b; LAC 33:IX.905

$500

Per occurrence

Failure to implement any component of an SPC plan which results in a release of pollutants to waters of the state.

LAC 33:IX.708.C.1.b; LAC 33:IX.905

$1,000

Per occurrence

Unauthorized discharge of oily fluids, oil field wastes, and/or produced water.

LAC 33:IX.708.C.1.a; LAC 33:IX.708.C.2; LAC 33:IX.1701.B; LAC 33:IX.1901.A

$1,000

Per occurrence

Failure to submit an initial application or Notice of Intent (NOI) for authorization under an LPDES permit (excluding permits within the Sanitary General Series and Storm Water General Permit Series).

LAC 33:IX.2501.A

$1,000

Per required submittal

Failure to reapply for authorization under an LPDES General permit in a timely manner prior to the expiration date of the current permit or as required by the permit.

LAC 33:IX.2501.D

$250

Per required submittal

Failure to reapply for an LPDES permit no later than 180 days prior to the expiration date of the permit from a facility not covered under a General Permit, as defined in LAC 33:IX.2313.

LAC 33:IX.2501.D

$500

Per required submittal

Failure to maintain or submit certain reports as required by any LPDES permit, including, but not limited to, noncompliance reports, storm water reports, pretreatment reports, biomonitoring reports, overflow reports, construction schedule progress reports, environmental audit reports as required by a municipal pollution prevention plan, and toxicity reduction evaluation reports. This does not include the failure to submit Discharge Monitoring Reports (DMRs).

LAC 33:IX.2701.A

$300

Per required submittal

Failure to maintain any records as required by an LPDES permit.

LAC 33:IX.2701.A

$200

Per occurrence

Failure to prepare and/or implement any portion or portions of a Storm Water Pollution Prevention Plan (SWPPP), a Pollution Prevention Plan (PPP), or a Best Management Practices (BMP) Plan as required by any LPDES permit not specified elsewhere in this Chapter.

LAC 33:IX.2701.A

$1,000

Per occurrence

Failure to submit DMRs as required by any LPDES permit.

LAC 33:IX.2701.L.4

$100/DM R

Six or less required DMR submittals

Failure to submit DMRs as required by any LPDES permit.

LAC 33:IX.2701.L.4

$125/DM R

7-12 required DMR submittals

Failure to submit DMRs as required by any LPDES permit.

LAC 33:IX.2701.L.4

$150/DM R

Greater than 12 and less than or equal to 24 required DMR submittals

Failure to timely submit DMRs as required by any LPDES permit.

LAC 33:IX.2701.L.4

$150

10 or less required DMR submittals

Failure to timely submit DMRs as required by any LPDES permit.

LAC 33:IX.2701.L.4

$250

Greater than 10 and less than or equal to 20 required DMR submittals

Failure to comply with sampling requirements of Sewage Sludge and Biosolids Use or Disposal Permit LAJ650000.

LAC 33:IX.7313.A.2

$400

Per occurrence

Failure to maintain records or submit certain reports as required by any Sewage Sludge and Biosolids Use or Disposal General Permit LAJ650000 or LAJ660000.

LAC 33:IX.7313.A.2

$100

Per occurrence

Failure to comply with registration requirements and standards for transporters of sewage sludge and/or standards for vehicles used in the transport of sewage sludge.

LAC 33:IX.7301.F

$400

Per occurrence

Unauthorized use or disposal of sewage sludge or biosolids.

LAC 33:IX.7301.G.1 or G.2

$1,000

Per occurrence

1 For each applicable violation that potentially contributes to impairment of a water body, an additional $500 penalty amount shall be added to the penalty amount specified with the violation.

EXPEDITED PENALTIES

UNDERGROUND STORAGE TANKS

Violation

Citation

Amount1

Frequency

Failure to register an existing or new UST.

LAC 33:XI.301.A, B, and C

$300

Per inspection

Failure to certify and provide required information on the department's approved registration form.

LAC 33:XI.301.B.1-2 and 301.C.1

$200

Per inspection

Failure to provide notification within 30 days after selling a UST system or acquiring a UST system.

LAC 33:XI.301.C.4 and 5

$300

Per inspection

Failure to keep a current copy of the registration form and registration certificate on-site or at the nearest staffed facility.

LAC:XI.301.C.7 and 8 and/or 509.B.5

$200

Per inspection

Failure to submit an updated UST-REG form as required.

LAC 33:XI.301.C.2 and 3

$200

Per inspection

Allowing a regulated substance to be placed into a UST system that has not been registered.

LAC 33:XI.301.C.9

$1,500

Per inspection

Placing a regulated substance into a UST system that has not been registered.

LAC 33:XI.301.C.10

$1,500

Per inspection

Allowing a regulated substance to be placed into a UST system that does not have a current registration certificate.

LAC 33:XI.301.C.11

$1,500

Per inspection

Placing a regulated substance to be placed into a UST system that does not have a current registration certificate.

LAC 33:XI.301.C.12

$1,500

Per inspection

Failure to install a secondarily contained tank as required after December 20, 2008.

LAC 33:XI.303.D.1.f

$1,000

Per inspection

Failure to install secondarily contained piping as required after December 20, 2008.

LAC 33:XI.303.D.2.f, g, and h

$1,000

Per inspection

Failure to install under-dispenser secondary containment as required after December 20, 2008.

LAC 33:XI.303.D.4.a

$750

Per inspection

Failure to install submersible turbine pump secondary containment as required after December 20, 2008.

LAC 33:XI.303.D.5.a

$750

Per inspection

Failure to provide corrosion protection to tanks that routinely contain regulated substances using one of the specified methods.

LAC 33:XI.303.D.1

$500

Per inspection

Failure to provide corrosion protection to flex hoses and/or sub-pumps that routinely contain regulated substances using one of the specified methods.

LAC 33:XI.303.D.2

$500

Per inspection

Failure to comply with the spill and/or overfill prevention equipment requirements as specified.

LAC 33:XI.303.D.3

$300

Per inspection

Failure to ensure that the individual exercising supervisory control over installation-critical junctures is certified in accordance with LAC 33:XI.Chapter 13.

LAC 33:XI.303.D.6.b.ii and iii

$1,500

Per occurrence

Failure of a UST owner or operator to notify the department in writing at least 30 days before beginning an installation, renovation, upgrade, or repair as specified.

LAC 33:XI.303.D.6.c; 303.E.7.a; 507.A.1

$200

Per occurrence

Failure of a UST owner, operator, or certified worker to notify the department seven days prior to performing an installation, repair, or closure critical juncture as specified.

LAC 33:XI.303.D.6.d; 303.E.7.b; 507.A.1.d; 905.A.2

$100

Per occurrence

Failure to upgrade an existing UST system to new system standards as specified.

LAC 33:XI.303.E

$1,300

Per inspection

Failure to pay fees by the required date.

LAC 33:XI.307.F

$200

Per inspection

Failure to report any spill and/or overfill, as specified in LAC 33:XI.713.

LAC 33:XI.501.C

$500

Per inspection

Failure to investigate and/or clean up any spill and/or overfill.

LAC 33:XI.501.C

$1,500

Per inspection

Failure to inspect an overfill device by removal in accordance with LAC 33:XI.511.A.3 within seven days of any tank overfill event.

LAC 33:XI.501.D

$500

Per inspection

Failure to remove from service and repair, replace, permanently or temporarily close a UST system that overfills due to tank or piping manifold issues.

LAC 33:XI.501.E

$1,000

Per inspection

Failure to continuously operate and maintain corrosion protection to the metal components of portions of the tank and piping that routinely contain regulated substances and are in contact with the ground or water.

LAC 33:XI.503.A.1

$300

Per inspection

Failure to have a UST system equipped with a cathodic protection system inspected and/or tested for proper operation as specified.

LAC 33:XI.503.A.2

$300

Per inspection

Failure to inspect a UST system with an impressed current cathodic protection system every 60 days to ensure that the equipment is running properly.

LAC 33:XI.503.A.3

$300

Per inspection

Failure to notify the department within 30 days of September 20, 2018, or prior to switching to a regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel as specified.

LAC 33:XI.505.C

$200

Per inspection

Failure to demonstrate compatibility of the UST system if storing a regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel.

LAC 33:XI.505.C

$750

Per inspection

Failure to meet requirements for repairs to UST systems.

LAC 33:XI.507

$300

Per inspection

Failure to ensure that the individual exercising supervisory control over repair-critical junctures is certified.

LAC 33:XI.507.A.2

$1,000

Per occurrence

Failure to maintain required information and/or keep records at the UST site and make them immediately available or keep them at an alternative site and provide them after a request.

LAC 33:XI.509.B and C

$200

Per inspection

Failure to test/inspect spill prevention equipment, overfill prevention equipment, or containment sumps used for interstitial monitoring as required.

LAC 33:XI.511

$500

Per inspection

Failure to conduct periodic operation and maintenance walkthrough inspections as required.

LAC 33:XI.513

$300

Per inspection

Failure to conduct shear valve testing as required.

LAC 33:XI.515

$500

Per inspection

Failure of Class A, B, or C UST operators to be trained and certified in accordance with the regulations and deadlines in LAC 33:XI.607.

LAC 33:XI.603.A.2

$250

Per occurrence

Failure of Class A or B UST operators to be retrained in accordance with LAC 33:XI.603 and 605 within three years of initial training.

LAC 33:XI.609.A

$250

Per occurrence

Failure of a Class C operator to be re-trained after beginning work at a UST facility owned by an operator that did not provide the Class C operators initial training.

LAC 33:XI.609.B

$150

Per occurrence

Failure to meet the performance requirements when performing release detection required in LAC 33:XI.703.

LAC 33:XI.701; 703.A.2.b, c, and d, 703.A.4

$500

Per inspection

Failure to conduct an annual performance test on automatic line leak detectors as required.

LAC 33:XI.701.B.1

$350

Per occurrence

Failure to use a method or combination of methods of release detection described in LAC 33:XI.701 for all UST systems.

LAC 33:XI.703.A.1

$1,500

Per inspection

Failure to monitor tanks for releases at least once every 30 days as specified.

LAC 33:XI.703.B.1.a

$350

Per inspection

Failure to conduct tank interstitial monitoring as specified.

LAC 33:XI.703.B.1.b

$500

Per inspection

Failure to monitor underground piping for releases as specified.

LAC 33:XI.703.B.2.a

$500

Per occurrence

Failure to conduct interstitial monitoring on piping as specified.

LAC 33:XI.703.B.2.b

$500

Per inspection

Failure to report any suspected release within 24 hours after becoming aware of the occurrence or when a leak detection method indicates that a release may have occurred.

LAC 33:XI.703.A.3 or 707

$500

Per occurrence

Failure to investigate and confirm any suspected release of a regulated substance requiring reporting under LAC 33:XI.707 within seven days of detection.

LAC 33:XI.711

$1,500

Per occurrence

Failure to immediately stop ongoing aboveground releases.

LAC 33:XI.713.A

$1,500

Per inspection

Failure to maintain corrosion protection on a UST system that is temporarily closed as specified.

LAC 33:XI.903.A

$500

Per inspection

Failure to permanently close a UST system that has not maintained the corrosion protection system requirements as specified.

LAC 33:XI.903.A.1.a; LAC 33:XI.903.A.3.a; and LAC 33:XI.903.A.4.a

$1,000

Per inspection

Failure to maintain release detection on a UST system that is temporarily closed and contains more than 2.5 cm (1 inch) of residue, or 0.3 percent by weight of the total capacity of the UST system.

LAC 33:XI.903.B

$500

Per inspection

Failure to permanently close tanks that do not meet the required performance standards.

LAC 33:XI.903.D

$1,000

Per inspection

Failure to perform and/or submit a site assessment within 24 months of the date tanks are placed into temporary closure.

LAC 33:XI.903.E

$500

Per inspection

Failure to conduct a tank, line or leak detector test within five days of returning to service a UST system that has been temporarily closed for three months or more.

LAC 33:XI.903.F

$1,000

Per inspection

Failure to comply with permanent closure and/or changes in service procedures.

LAC 33:XI.905

$500

Per inspection

Failure to use a certified worker for tank closure.

LAC 33:XI.905.A.2

$1,000

Per inspection

Failure to assess the site at closure or change-in-service where contamination is most likely to be present in accordance with the guidelines established by the department.

LAC 33:XI.907.A

$500

Per occurrence

Failure to submit the closure assessment form and the closure assessment results in duplicate within 60 days following permanent closure or change-in-service.

LAC 33:XI.907.A

$500

Per occurrence

Failure to begin corrective action of contaminated soils, contaminated groundwater, or free product discovered through methods in LAC 33:XI.907.A, in accordance with LAC 33:XI.715.

LAC 33:XI.907.B

$1,500

Per occurrence

Failure of a UST owner or operator covered by the Underground Motor Fuel Storage Tank Trust Fund to maintain on file a copy of the current registration certificate.

LAC 33:XI.1133.B.5

$200

Per inspection

No person shall conduct critical junctures of a UST system unless the person present at the site and exercising responsible supervisory control over the critical juncture is currently certified in accordance with LAC 33:XI.Chapter 13.

LAC 33:XI.1301.B

$1,500

Per inspection

1 In accordance with LAC 33:XI.609.C, the department may require the Class A and/or Class B UST operator to attend either a department-sponsored compliance class that addresses the noted noncompliant areas or an acceptable operator training course as determined by the department within the time frame given in the notification by the department.

EXPEDITED PENALTIES

RADIATION

Violation

Citation

Amount

Frequency

Failure to perform and maintain records of an annual inventory of all sealed sources, showing the sealed source identity, location, date of inventory, and name of individual(s) performing the inventory.

LAC 33:XV.104.B

$300

Per occurrence

Failure to register the radiation machine or facility in accordance with LAC 33:XV.204.A.1-3.

LAC 33:XV.204.A

$500

Per occurrence

Failure to comply with any license condition.

LAC 33:XV.320

$400

Per occurrence

Failure to request, in writing, a termination of license when licensee decides to terminate all activities involving radioactive material authorized under the license.

LAC 33:XV.332.B

$250

Per inspection

Failure to submit a timely and complete license renewal application 30 days prior to expiration of existing license or notify the Office of Environmental Compliance, in writing, if the licensee decides not to renew the license.

LAC 33:XV.332.C

$250

Per occurrence

Failure of licensed transferor to verify that the transferee is licensed to receive the radioactive materials.

LAC 33:XV.340.C

$1,000

Per occurrence

Failure to immediately report after the discovery of an event that prevents immediate protective actions to avoid exposure or releases of materials that could exceed regulatory limits.

LAC 33:XV.341.A

$1,500

Per occurrence

Failure to notify the Office of Environmental Compliance by telephone within 24 hours after discovery of an event involving licensed material as specified in LAC 33:XV.341.B.1-4.

LAC 33:XV.341.B

$500

Per occurrence

Failure to submit a written follow-up within 30 days of the initial report required by LAC 33:XV.341.A or B.

LAC 33:XV.341.C

$500

Per occurrence

Failure to provide adequate or accurate information on notification of reciprocity.

LAC 33:XV.390.A.2

$250

Per occurrence

Failure to test sealed sources for leakage or contamination.

LAC 33:XV.426.A; or LAC 33:XV.544.B

$500

Per occurrence

Failure to use an authorized person(s) to conduct tests for leakage and contamination of sealed sources.

LAC 33:XV.426.C

$250

Per occurrence

Failure to perform required surveys or monitoring with properly calibrated instruments.

LAC 33:XV.430

$500

Per inspection

Failure to secure licensed or registered radioactive material from unauthorized removal or access.

LAC 33:XV.445.A

$500

Per occurrence

Failure to maintain constant surveillance or use devices or administrative procedures to prevent unauthorized use of licensed or registered radioactive material that is in a controlled or unrestricted area and that is not storage.

LAC 33:XV.445.B

$500

Per occurrence

Failure to secure registered radiation machines from unauthorized removal.

LAC 33:XV.445.C

$500

Per occurrence

Failure to post each radiation area with conspicuous signage.

LAC 33:XV.451; LAC 33:XV.586.A

$300

Per occurrence

Failure to ensure labeling of each container and source of radiation in accordance with LAC 33:XV.453.A.

LAC 33:XV.453.A

$250

Per occurrence

Failure to maintain records of results of surveys and calibrations as required by LAC 33:XV.430 and LAC 33:XV.455.D for three years after the record is made.

LAC 33:XV.472.A

$200

Per inspection

Failure to maintain records of tests for leakage or contamination of sealed sources as required by LAC 33:XV.426 for five years after the record is made.

LAC 33:XV.426.D; and 473.A

$200

Per inspection

Failure to maintain records of doses received by all individuals for whom monitoring was required.

LAC 33:XV.476.A

$200

Per inspection

Failure to immediately report lost, stolen, or missing licensed or registered radioactive material in an aggregate quantity greater than 1,000 times the quantity specified in LAC 33:XV.499.Appendix C.

LAC 33:XV.485.A.1

$1,500

Per occurrence

Failure to submit a written report within 30 days following a required telephone report to the Office of Environmental Compliance.

LAC 33:XV.485.B

$500

Per occurrence

Failure to submit a written report within 30 days to the Office of Environmental Compliance following any of the occurrences specified in LAC 33:XV.487.A.1-3.

LAC 33:XV.487

$500

Per occurrence

Failure to have a locked or outer locked container on each radiographic exposure device to prevent unauthorized or accidental removal.

LAC 33:XV.541

$500

Per occurrence

Failure to perform a vehicle survey on any vehicle used for storage of radioactive material after securing material but before transport, to ensure that radiation levels do not exceed limits specified in LAC 33:XV.421.A.

LAC 33:XV.542.C

$500

Per occurrence

Failure to test for depleted uranium (DU) contamination annually.

LAC 33:XV.544.F

$300

Per occurrence

Failure to maintain records of sealed sources using depleted uranium (DU) for shielding for a period of three years.

LAC 33:XV.544.G

$200

Per inspection

Failure to maintain current utilization logs and make them available to inspectors for three consecutive years.

LAC 33:XV.546.A

$250

Per inspection

Failure to ensure that, whenever radiography is performed at a location other than the permanent radiographic installation, the radiographer is accompanied by at least one other qualified radiographer or, if the radiographer is a qualified instructor, a qualified radiographer trainee.

LAC 33:XV.573

$500

Per occurrence

Failure to ensure an individual has completed the requirements specified in LAC 33:XV.575.A-B, before permitting such individual to act as a radiographer or radiographer trainee.

LAC 33:XV.575.A-B

$1,500

Per occurrence

Failure to maintain records for each radiographer and radiographer trainee, as specified in LAC 33:XV.575.C.1-2.

LAC 33:XV.575.C

$300

Per occurrence

Failure to conduct internal audits at least every six months and maintain records for two years.

LAC 33:XV.575.D

$200

Per occurrence

Failure to ensure that any individual acting as a radiographer is wearing, on the trunk of the body, a direct-reading pocket dosimeter, an alarm ratemeter, and a personnel dosimeter.

LAC 33:XV.577.A

$1,000

Per occurrence

Failure to ensure pocket dosimeters are: in range and charged at least daily or at the start of each shift, assigned and worn by one individual, and checked for proper response annually.

LAC 33:XV.577.B

$500

Per occurrence

Failure to read and record exposures of direct reading dosimeters, such as electronic personal dosimeters or pocket dosimeters, daily with use at the beginning and end of each shift.

LAC 33:XV.577.D

$300

Per occurrence

Failure to maintain records of direct reading dosimeters for three years,

LAC 33:XV.577.D

$200

Per occurrence

Failure to perform radiation survey after each radiographic exposure.

LAC 33:XV.587.B

$500

Per occurrence

Failure to have documents or records available at the job site for inspection, as specified in LAC 33:XV.588.A.1-11.

LAC 33:XV.588.A

$200

Per inspection

Failure to ensure X-ray operator, other professional staff, and ancillary personnel are protected from direct scatter radiation by protective aprons or whole body protective barriers.

LAC 33:XV.603.A.5.b

$500

Per inspection

Failure to perform periodic measurement of entrance exposure rates at installation, annually thereafter, or after any maintenance of the X-ray fluoroscopic system.

LAC 33:XV.605.A.3.b.i

$1,000

Per occurrence

Failure to ensure that individuals are not exposed to the useful beam except for healing arts purposes and unless such exposure has been authorized by a licensed practitioner of the healing arts.

LAC 33:XV.603.A.7

$1,000

Per occurrence

Failure to report any medical event, in which the administration of radiation involves the wrong patient, a procedure different than that which was authorized by the licensed practitioner, or a body site different from that which was authorized and intended to be exposed by the authorized X-ray procedure, as specified in LAC 33:XV.613.A.1-4.

LAC 33:XV.613.A

$500

Per occurrence

Failure to internally report, investigate, document and address within the facility any administration of radiation involving a wrong patient, a procedure different than that which was authorized by a licensed practitioner, or a wrong body site imaged.

LAC 33:XV.613.B

$500

Per occurrence

Failure to maintain records for a period of five years of any internal investigation within the facility of the administration of radiation involving a wrong patient, a procedure different from that which was authorized by a licensed practitioner, or a wrong body site imaged.

LAC 33:XV.613.B

$200

Per inspection

Failure to develop a written program to maintain radiation doses and releases of radioactive material in effluents to unrestricted areas as low as reasonably achievable (ALARA).

LAC 33:XV.705.A

$1,000

Per occurrence

Failure to implement any component of the written ALARA program.

LAC 33:XV.705.A

$500

Per occurrence

Failure to check each dose calibrator for constancy at the beginning of each day of use.

LAC 33:XV.715.B.1

$300

Per occurrence

Failure to test each dose calibrator for accuracy upon installation and not to exceed 12 months thereafter.

LAC 33:XV.715.B.2

$300

Per occurrence

Failure to test each dose calibrator for linearity upon installation and not to exceed three months thereafter.

LAC 33:XV.715.B.3

$300

Per occurrence

Failure to test each dose calibrator for geometry dependence upon installation over the range of volumes and volume configurations.

LAC 33:XV.715.B.4

$300

Per occurrence

Failure to maintain records of each test and check specified in LAC 33:XV.715.B.1-4 for a period of two years.

LAC 33:XV.715.E

$200

Per inspection

Failure to calibrate survey instruments before first use, annually, and following repair.

LAC 33:XV.716.A

$300

Per occurrence

Failure to ensure that sealed sources are tested for leakage at intervals not to exceed once every six months or at other approved intervals.

LAC 33:XV.719.B.2

$500

Per occurrence

Failure to maintain records of leak test for two years.

LAC 33:XV.719.D

$200

Per inspection

Failure to conduct a physical inventory of all sealed sources and brachytherapy sources every three months.

LAC 33:XV.719.G

$300

Per occurrence

Failure to conduct a survey every three months of all areas where sealed sources or brachytherapy sources are stored.

LAC 33:XV.719.H

$500

Per occurrence

Failure to ensure individuals who prepare or administer radiopharmaceuticals use a syringe shield.

LAC 33:XV.720.B

$500

Per inspection

Failure to post current copies of all documents listed in LAC 33:XV.1011.A-C.

LAC 33:XV.1011

$200

Per inspection

Failure to transport radioactive material in accordance with LAC 33:XV.1504.A-D.

LAC 33:XV.1504

$500

Per inspection

Failure to coordinate with a local law enforcement agency (LLEA) at least every 12 months, or when changes to the facility design or operation adversely affect the potential vulnerability of the respondent's material to theft, sabotage, or diversion.

LAC 33:XV.1625.D

$500

Per occurrence

La. Admin. Code tit. 33, § I-807

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 32:2243 (December 2006), amended LR 34:1393 (July 2008), LR 35:62 (January 2009), Amended by the Office of the Secretary, Legal Division, LR 42236 (2/1/2016), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 481790 (7/1/2022).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2025(D).