Louisiana Revised Statutes 30:2050.1 – Enforcement; policies; list; legal review
Terms Used In Louisiana Revised Statutes 30:2050.1
- Compliance order: means an order issued by the secretary or an assistant secretary requiring a respondent to comply with specified provisions of this Subtitle, a rule, or a permit within a specified period of time. See Louisiana Revised Statutes 30:2004
- Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
- Respondent: means the person against whom an enforcement action is directed. See Louisiana Revised Statutes 30:2004
- Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
A. The secretary shall establish policies and procedures to address violations of this Subtitle in a formal and consistent manner.
B.(1) The secretary shall maintain a list of all notices of violations, compliance orders, and penalty assessments issued in the preceding three months. The list shall be updated monthly.
(2)(a) On a periodic basis, the secretary shall mail a copy of the list, either separately or as part of a department publication, to persons who request that they be placed on the mailing list.
(b) The secretary shall publish a list of proposed beneficial environmental projects that have been agreed to by the department and the respondent, including those that are currently out for public comment, on the department’s website. The list of proposed beneficial environmental projects shall reflect a cumulative year’s record.
C. The chief legal officer shall review each proposed compliance order, penalty assessment, suspension of a permit, emergency cease and desist order, settlement or compromise, and other proposed final enforcement action for legal sufficiency.
D. A penalty assessment and a compliance order may be consolidated.
E. The failure of the secretary to perform the duties imposed by this Section shall not affect the validity of any enforcement action.
Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1999, No. 303, §1, eff. June 14, 1999; Acts 2001, No. 1197, §1.