La. Admin. Code tit. 33 § IX-6507

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

Section IX-6507 - Enforcement Actions

A. The department may take enforcement action as prescribed by state law or regulation against any person who:

1. fails to submit an application as required by law;

2. knowingly makes any false statement, representation, or certification in any application, record, report, or other documents filed with the department pursuant to the act or these regulations. Violations of this provision may subject the violator to the penalties provided for in the act for perjury or false statements;

3. fails to correct deficiencies in the application; or upon becoming aware that any relevant facts or information were omitted in a permit application or in any report to the department, fails to promptly submit such facts or information;

4. fails to take necessary action(s) to complete permit issuance such as payment of fees or publication of required notices;

5. fails to comply with any condition of the permit; or

6. fails to pay applicable fees under the provisions of LAC 33:IX.Chapter 13.

B. Exception. In cases where the application is withdrawn by the applicant, a written notification shall be provided to the Office of Environmental Services stating that no discharge or other activity that would require a permit from the Office of Environmental Services is currently taking place. Provided that the application was not made in response to previous enforcement action, the applicant is then exempt from enforcement action for causes listed under Paragraphs A.3 and 4 of this Section.

La. Admin. Code tit. 33, § IX-6507

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended by the Water Pollution Control Division, LR 23:726 (June 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2557 (November 2000), repromulgated LR 30:233 (February 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2515 (October 2005), LR 33:2171 (October 2007).

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