La. Admin. Code tit. 43 § XV-6909

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-6909 - Assessment of Separate Violations for Each Day

A. The office may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the office shall consider the factors listed in §6905 and may consider the extent to which the person to whom the notice or order was issued gained any economic benefits as a result of a failure to comply. For any violation which continues for two or more days and which is assigned more than 70 points under §6905 B, the office shall assess a civil penalty for a minimum of two separate days.

B. Whenever a violation contained in a notice of violation or cessation order has not been abated within the abatement period set in the notice or order, a civil penalty of not less than $750 shall be assessed for each day during which such failure continues, except that, if the person to whom the notice or order was issued initiates review proceedings with respect to the violation, the abatement period shall be extended as follows.

1. If suspension of the abatement requirements of the notice or order is ordered in a temporary relief proceeding under §925. C of the Act, after a determination that the person to whom the notice or order was issued will suffer irreparable loss or damage from the application of the requirements, the period permitted for abatement shall not end until the date on which the commissioner issues a final order with respect to the violation in question.

2. If the person to whom the notice or order was issued initiates review proceedings under §926 of the Act with respect to the violation, in which the obligations to abate are suspended by the court pursuant to §926. C of the Act, the daily assessment of a penalty shall not be made for any period before entry of a final order by the court.

3. Such penalty for the failure to abate the violation shall not be assessed for more than 30 days for each such violation. If the permittee has not abated the violation within the 30-day period, the office shall take appropriate action within 30 days to ensure that abatement occurs or to ensure that there will not be a reoccurrence of the failure to abate.

La. Admin. Code tit. 43, § XV-6909

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.