Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 7 - Penalties › Section I-703 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of
				  this Chapter, the terms defined in this Chapter shall have the following
				  meanings, unless the context of use clearly indicates otherwise.
Nine Factors
- the factors listed in
					 R.S.
					 30:2025(E)(3)(a) and
					 considered by the department in determining whether or not a civil penalty is
					 to be assessed and in determining the amount agreed upon in compromise. The
					 nine factors are as follows:
a. the history of previous violations or repeated
					 noncompliance;
b. the nature and gravity of the violation;
c. the gross revenues generated by the respondent;
d. the degree of culpability, recalcitrance, defiance, or
					 indifference to regulations or orders;
e. the monetary benefits realized through
					 noncompliance;
f. the degree of risk to human health or property caused by
					 the violation;
g. whether the noncompliance or violation and the
					 surrounding circumstances were immediately reported to the department, and
					 whether the violation or noncompliance was concealed or there was an attempt to
					 conceal by the person charged;
h. whether the person charged has failed to mitigate or to
					 make a reasonable attempt to mitigate the damages caused by his noncompliance
					 or violation; and
i. the costs of bringing and prosecuting an enforcement
					 action, such as staff time, equipment use, hearing records, and expert
					 assistance.
Penalty Event
- any violation [as defined
					 in
					 R.S.
					 30:2004(21)] for which the
					 administrative authority, after consideration of the factors listed in
					 R.S.
					 30:2025(E)(3)(a), determines
					 a penalty is warranted. For violations lasting more than one 24-hour day, each
					 such day of violation may be treated as a separate penalty event.
Response Costs
- the costs to the state of
					 any response action made necessary by a penalty event that are not voluntarily
					 paid by the violator. These costs shall include, but are not limited to, the
					 costs of surveillance staff activities including cleanup costs and the costs of
					 bringing and prosecuting an enforcement action, such as staff time, equipment
					 use, hearing records, and expert assistance.
Violation Specific Factor
- the two of the
					 nine factors considered when plotting a violation on the penalty matrix. Each
					 factor is weighed consistently without regard to the violator, and no special
					 circumstances or violator-specific factors are considered when plotting the
					 violation on the penalty matrix. These factors include:
a. the nature and gravity of the violation; and
b. the degree of risk to human health or property caused by
					 the violation.
Violator-Specific Factor
- the five of the
					 nine factors considered when adjusting the difference between the minimum and
					 maximum penalty range within a particular cell on the penalty matrix. The
					 degree of adjustment in a particular penalty range on the penalty matrix will
					 vary depending upon the specific and unique circumstances of these five
					 factors. These factors include:
a. the history of previous violations or repeated
					 noncompliance;
b. the gross revenues generated by the respondent;
c. the degree of culpability, recalcitrance, defiance, or
					 indifference to regulations or orders;
d. whether the person charged has failed to mitigate or to
					 make a reasonable attempt to mitigate the damages caused by his noncompliance
					 or violation; and
e. whether the noncompliance or violation and the
					 surrounding circumstances were immediately reported to the department, and
					 whether the violation or noncompliance was concealed or there was an attempt to
					 conceal by the person charged.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.3.