La. Admin. Code tit. 33 § IX-505

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

Section IX-505 - Administrative Enforcement

A. Administrative enforcement consists of procedures and actions which are initiated, decided, and enforced by the administrative authority, outside of civil or criminal actions in the courts. Upon receipt of information or a report of investigation that substantiates a violation, the administrative authority may commence enforcement proceedings under the act.

B. Enforcement Actions

1. Upon a determination that a violation of the act or rules has occurred or is about to occur, the administrative authority may initiate one or more of the actions set forth in R.S. 30:2025.

2. Termination, Modification, or Revocation and Reissuance of Permits

a. The administrative authority may for cause terminate, modify, or revoke and reissue any permit issued or continued under the authority of the act or these regulations. Prior to taking such action the administrative authority shall notify the permittee by personal service, or by certified mail, return receipt requested, of the proposed action and the facts or circumstances which warrant it and shall provide an opportunity for the permittee to show cause why the permit should not be terminated, revoked and reissued, or modified.

b. Prior notification of the termination, revocation and reissuance, or modification of a permit shall not be required in the following cases:

i. the administrative authority finds that immediate action is required to protect public health, safety or welfare or to prevent severe environmental damage;

ii. the action taken was initiated at the request of the permittee;

iii. a civil penalty may be assessed according to the provisions of the act for each day of violation of the act or these regulations and for each day of continued violation or noncompliance resulting from failure to take corrective action within the time specified in a Compliance Order or Emergency Cease and Desist Order.

C. General Authority. The administrative authority may also issue such other orders or directives as are necessary to effectuate the purpose of and enforce the act or these regulations.

D. The assessment of penalties will be in accordance with R.S. 30:2025(E) (3) and (4) with consideration for the fair and equitable treatment of the regulated community. Additional factors that may be considered include the gravity of the offense, the economic benefit of noncompliance, the standard of care by the operator, the size and toxicity of the discharge, the degree of damages incurred, the ability to pay and any mitigating efforts by the discharger.

E. Service. All enforcement actions of the administrative authority shall be issued in writing and served in person or by certified mail, return receipt requested.

La. Admin. Code tit. 33, § IX-505

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 11:1066 (November 1985).

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