La. Admin. Code tit. 33 § IX-503

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-503 - Investigations

A. Any person may file an oral or written complaint concerning an alleged violation or environmental problem with the Office of Environmental Compliance in the manner provided in LAC 33:I.3923. The complainant may remain anonymous, if desired, and such a request for anonymity shall not be considered as a prejudicial factor in evaluation of the appropriate response to the complaint.

B. All complaints or other information concerning a violation shall be investigated as expeditiously as possible except in the following cases:

1. when the department has reason to believe, due to prior investigation or personal knowledge by the staff of the situation, that the complaint is spurious;

2. when the department has previously investigated the situation described in the complaint and, in the judgment of the staff, additional investigation is unwarranted; or

3. when a minor violation of a permitted discharge limit is reported by the permittee that does not pose a threat to the environment or public health. However, all reports of such violations shall be placed in the permittee's files and reviewed periodically for possible enforcement action.

C. The administrative authority or his/her authorized representative shall have the authority to investigate a possible violation and to request such information and assistance from other state and federal agencies as may be necessary in the course of the investigation, and may conduct inspections and examinations of facilities and records. The administrative authority or his/her designated presiding officer may hold public hearings and/or issue subpoenas requiring attendance of witnesses and production of documents, or take such other action as may be necessary and authorized by the act in order to complete the investigation.

D. All facts concerning any violation discovered during an investigation shall be fully documented in a written report prepared by the investigator. A copy of any such report shall be maintained in the department's files under the name of the alleged violator and shall be made available to the permittee on request.

La. Admin. Code tit. 33, § IX-503

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 11:1066 (November 1985), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2543 (November 2000), LR 30:1676 (August 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)