La. Admin. Code tit. 33 § III-107

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-107 - Investigations-Authority

Pursuant to the provisions of R.S. 30:2011, the administrative authority shall make such investigations as are necessary and proper to carry out the purposes of the Louisiana Environmental Quality Act and in connection therewith.

A. Private Conference Method. In the event that compliance is achieved as a result of private conference, conciliation or persuasion, a notice, in writing, to that effect shall be sent by the administrative authority to the owner or operator of such claimed violating source. In the event that the administrative authority determines after said private conference that no violation exists the administrative authority shall send a notice in writing to that effect to said owner or operator of said claimed violating source within 30 days.

B. Complaints to be Sent by Registered Mail. All such complaints and notices called for by R.S. 30:2025 shall be sent by certified or registered mail addressed to the person who represented the alleged violator in said private conference; or, if the alleged violator is a corporation, addressed to its registered agent for service of process.

C. Investigations to be Made Only for Written Complaints. Any investigations made by the administrative authority pursuant to R.S. 30:2025(A) upon receipt of information concerning an alleged violation shall be made only upon receipt by the administrative authority of written complaint of a violation of the Louisiana Environmental Quality Act or any of these rules and regulations.

D. If Investigation Reveals No Violation. In the event that any investigation reveals that no violation of the Louisiana Environmental Quality Act or of these rules and regulations is found to exist, the administrative authority shall advise the complaining person and the person complained against of this fact.

E. Confidentiality of Information. Provisions for confidential information may be found in LAC 33:I.Chapter 5.

La. Admin. Code tit. 33, § III-107

Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Office of the Secretary, LR 22:343 (May 1996).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.