La. Admin. Code tit. 43 § XV-111

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

Section XV-111 - Notice of Citizen Suits

A. A person who intends to initiate a civil action on his or her own behalf under §920 of the Act shall give notice of intent to do so, in accordance with this Section.

B. Notice shall be given by certified mail to the secretary, the director, and the commissioner in all cases. A copy of the notice shall be sent by first class mail to the regional director if the complaint involves or relates to surface coal mining and reclamation operations in a specific region of the federal office.

C. Notice shall be given by certified mail to the alleged violator, if the complaint alleges a violation of the Act or any regulation, order, or permit issued under the Act.

D. Service of notice under this Section is complete upon mailing to the last known address of the person being notified.

E. A person giving notice regarding an alleged violation shall state, to the extent known:

1. sufficient information to identify the provision of the Act, regulation, order or permit allegedly violated;

2. the act or omission alleged to constitute a violation;

3. the name, address and telephone numbers of the person or persons responsible for the alleged violation;

4. the date, time and location of the alleged violation;

5. the name, address and telephone number of the person giving notice; and

6. the name, address and telephone number of legal counsel, if any, of the person giving notice.

F. A person giving notice of an alleged failure by the commissioner to perform a mandatory act or duty under the Act shall state, to the extent known:

1. the provision of the Act containing the mandatory act or duty allegedly not performed;

2. sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under the Act;

3. the name, address and telephone number of the person giving notice; and

4. the name, address and telephone number of legal counsel, if any, of the person giving notice.

La. Admin. Code tit. 43, § XV-111

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.