La. Admin. Code tit. 33 § I-7007

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

Section I-7007 - Exclusions

A. Violations that are not eligible for relief under this program shall include, but not limited to violations:

1. that result in serious actual harm to the environment;

2. that may present an imminent or substantial endangerment to the environment or public health;

3. discovered by the department or EPA prior to written disclosure of the violation to the department;

4. detected through monitoring, sampling, or auditing procedures that are required by statute, regulation, permit, judicial or administrative order, or consent agreement;

5. subject to the chemical accident prevention provisions of 40 CFR Part 68 and LAC 33:III.5901;

6. that are deliberate or intentional; or

7. that are the same or closely related at the same facility within the past three years.

B. An employee of the department shall not request, review, or otherwise use an environmental audit report during a department inspection of a facility.

C. The department reserves the right to take enforcement action with respect to a violation that:

1. is excluded under LAC 33:I.7007.A; or

2. is not properly or adequately disclosed and/or corrected in accordance with this Chapter.

La. Admin. Code tit. 33, § I-7007

Promulgated by the Department of Environmental Quality, the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 492100 (12/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2044(B).