reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-351 - Subpoenas

Current through Register Vol. 50, No. 6, June 20, 2024
A. The issuance of
				  a subpoena shall be by order of the presiding officer and upon written request
				  of a party directed to the administrative hearings clerk, whose duty and
				  function it shall be to process all subpoenas.
B. Failure of a witness to appear or respond
				  to a subpoena will not be grounds for a continuance unless:
1. the testimony of the witness is shown to
				  be material, relevant, and not merely cumulative to the proceeding;
				  and
2. the request for the subpoena
				  was received by the administrative hearings clerk at least 15 days prior to the
				  date required for appearance or return on the subpoena, or for good cause
				  shown.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-353 - Prehearing Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  presiding officer may require, prior to the adjudicatory hearing, that the
				  parties submit a joint proposed prehearing order approved and signed by all
				  parties or their counsel of record. Except as otherwise ordered by the
				  presiding officer, the proposed prehearing order shall set forth the following:
1. a brief but comprehensive statement of the
				  factual and legal contentions of each party;
2. a list of the legal authority (including
				  statutes, code articles, regulations, and cases) to be relied upon by each
				  party at the adjudicatory hearing;
3. a detailed itemization of all pertinent
				  uncontested facts established by pleadings, stipulations, and
				  admissions;
4. a detailed
				  itemization of all contested issues of fact;
5. a list of all contested issues of
				  law;
6. a list and brief
				  description of all exhibits to be offered in evidence by each party. Exhibits
				  to be used solely for impeachment or rebuttal need not be included on the
				  list;
7. a list naming the fact
				  witnesses and the expert witnesses each party may call and a short statement as
				  to the nature of their testimony. Witnesses to be called solely for impeachment
				  or rebuttal need not be included on the list;
8. a list of all matters to be officially
				  noticed;
9. a statement by each
				  party as to the estimated length of time necessary to present its
				  case;
10. all other
				  stipulations;
11. a list of all
				  pending motions;
12. a statement as
				  to any other matters not included in any of the previous headings which may be
				  relevant to a prompt disposition of the case;
13. the following certification:
"We hereby certify that we have conferred for the purpose
					 of preparing this joint proposed prehearing order and that we have no
					 objections to the contents of this prehearing order other than those attached
					 hereto pursuant to LAC 33:I.353.B;" and
14. this order:
"IT IS ORDERED that this matter be set for hearing at
					 _________ o'clock _________.m. on the ___________ day of ____________,
					 20_______ and to continue thereafter until completed."
___________________________
PRESIDING OFFICER
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-355 - Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Adjudications
				  are governed by
				  R.S.
				  49:950 et seq. Although adjudications are not
				  bound by the formal rules of evidence prescribed for civil actions, the
				  Louisiana Code of Evidence may be used as a guide in evidentiary
				  determinations.
B. The presiding
				  officer may call and question a witness or elicit evidence on his own
				  motion.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-357 - Exhibits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Maps, drawings,
				  and other exhibits should not exceed 8 1/2 by 14 inches unless they are folded
				  to the required size. Exhibits not conforming to this rule may be
				  excluded.
B. Prior to use of
				  exhibits at a hearing, copies shall be furnished to the presiding officer and
				  all parties, unless the presiding officer shall rule otherwise.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-359 - Record; Transcripts

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  adjudicatory record may, for good cause shown, be left open or reopened for the
				  receipt of additional evidence, subject to the right of traversal by other
				  parties and provided that a copy of such evidence is mailed or an opportunity
				  to inspect it is provided to the parties at or before the time it is offered
				  for introduction into the adjudicatory record.
B. It shall be the responsibility of the
				  administrative hearings division to have all adjudicatory hearings recorded,
				  and such recordings shall be the official recording of the hearing. A verbatim
				  transcript shall be made when required by law, requested by a party or the
				  presiding officer, or requested for appeal. Any person requesting that a
				  transcript be made shall pay the estimated costs in advance, unless
				  exempt.
C. Upon notice of appeal
				  and after payment of the estimated transcription costs in advance by the
				  appellant, the presiding officer shall order that the designated portions of
				  the record be transcribed and that this transcript be included in the record
				  for appeal.
D. When a transcript of
				  any part of the proceeding has been made, the original shall be filed into the
				  adjudicatory record.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-361 - Interlocutory Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  party seeking review by the secretary of an interlocutory order, decision or
				  ruling shall file a motion for review of the order with the administrative
				  hearings clerk, who shall forward the motion to the secretary.
B. The presiding officer may stay further
				  proceedings to allow a party to seek review of the interlocutory order,
				  decision or ruling.
C. Within five
				  days of receipt of the motion from the administrative hearings clerk, the
				  secretary shall:
1. affirm the interlocutory
				  order, decision or ruling;
2.
				  modify or overrule the order, decision or ruling, stating the factual and legal
				  reasons for his action;
3. remand
				  the matter with instructions to the presiding officer;
4. decline to review the order, decision or
				  ruling; or
5. file with the
				  administrative hearings clerk written notice extending the five-day
				  period.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-363 - Briefs, Proposed Findings of Fact, and Conclusions of Law

Current through Register Vol. 50, No. 6, June 20, 2024
A. The presiding officer may:
1. require any party to file briefs, proposed
				  findings of fact, and/or proposed conclusions of law;
2. require rebuttal and/or traversal of the
				  briefs and/or proposals; or
3.
				  require that any briefs, proposed findings of fact, or conclusions of law
				  include references to those parts of the record, transcript, or exhibits that
				  support them and that any rebuttal or traversal responds to and correlates with
				  the briefs, proposals, and traversals filed by other parties.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-365 - Termination of Adjudications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Except where a decision is rendered on the merits, the presiding officer shall
				  issue an order terminating an adjudication:
1. upon written motion, accompanied by an
				  unconditional withdrawal of the request for a hearing filed with the
				  administrative hearings clerk;
2.
				  upon written motion, accompanied by a rescission by the department of the
				  underlying action;
3. upon joint
				  written motion signed by the department and the applicant, permittee, or
				  respondent, accompanied by a stipulation, agreed settlement, or consent order;
				  or
4. by any other procedure
				  allowed by law.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-367 - Presiding Officer's Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a presiding officer renders a
				  decision on the merits in an adjudication, a copy thereof shall be filed with
				  the secretary. It shall also be served by certified mail or by hand upon each
				  party to the proceedings.
B. A
				  decision on the merits by the presiding officer shall become final and
				  effective as to any party 30 days after service unless said 30-day period is
				  interrupted by the filing of:
1. a petition
				  for reconsideration, reopening, or rehearing pursuant to Subsection C of this
				  Section; or
2. a motion for review
				  by the secretary pursuant to LAC 33:I.369.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-369 - Review by Secretary of Decisions by the Presiding Officer

Current through Register Vol. 50, No. 6, June 20, 2024
A. A party may seek
				  review by the secretary of a presiding officer's decision on the merits within
				  the time frame specified in LAC 33:I.367 by filing with the administrative
				  hearings clerk a written motion for review stating the grounds upon which the
				  review is requested. However, if a petition for reconsideration, reopening, or
				  rehearing is filed timely, a motion for review by the secretary must be filed
				  within 30 days following:
1. service of an
				  order denying the petition; or
2.
				  service of a decision on the merits by the presiding officer following a
				  reconsideration, reopening, or rehearing.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-371 - Entry of Decisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  original of any decision or order issued by the presiding officer or the
				  administrative authority in connection with an adjudication, shall be filed
				  with the administrative hearings clerk who shall notify all parties of the
				  decision or order.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-373 - Appeals to the Court of Appeal, First Circuit

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any final decision or order of the
				  administrative authority appealable to the Court of Appeal, First Circuit shall
				  not be subject to further review unless:
1. a
				  motion for appeal is filed with the administrative hearings clerk within 30
				  days after notice of the final decision or order is served by certified mail or
				  by hand upon the appealing party; or
2. if a rehearing, reopening of the record,
				  or reconsideration is properly requested and denied, a motion for appeal is
				  filed within 30 days after notice of the denial is served by certified mail or
				  by hand upon the appealing party.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 4 - Suspension of Contested Permit Conditions › Section I-401 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  applies to the effectiveness of permit conditions contested pursuant to
				  R.S.
				  30:2024.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 4 - Suspension of Contested Permit Conditions › Section I-403 - Suspension of Contested Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as noted in Subsection B of this
				  Section, during the course of an adjudicatory hearing or de novo judicial
				  proceeding regarding a contested permit condition, all permit conditions
				  contested by the applicant shall be suspended. All other provisions of the
				  permit shall be effective unless the
administrative authority
as defined in LAC 33:I.107.A elects to suspend uncontested permit provisions
				  that are not severable from those contested by the applicant.
B. Unless otherwise approved by the
				  administrative authority, in writing, a contested permit condition shall not be
				  suspended when:
1. the suspension may result
				  in the withdrawal of delegation to the state of any authorized federal
				  environmental program;
2. the
				  suspension of the contested condition would violate general or numeric criteria
				  found in LAC 33:IX.1113;
3. the
				  contested condition is based on guidelines adopted by reference in LAC
				  33:IX.4901;
4. the contested
				  condition prevents degradation in an outstanding natural resources water body;
				  or
5. the suspension of the
				  contested condition results in a violation of any memorandum of understanding
				  between the department and the United States Fish and Wildlife
				  Service.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 4 - Suspension of Contested Permit Conditions › Section I-405 - Procedure for Suspension of Contested Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For a contested permit condition to be
				  suspended, the applicant must submit a hearing request pursuant to
				  R.S.
				  30:2024(A).
B. In the hearing request, the applicant must
				  specifically identify the permit condition being contested and explain the
				  basis for challenging the contested condition.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 4 - Suspension of Contested Permit Conditions › Section I-407 - Effect of Suspension Following Action on Denial of a Hearing Request

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon notice of
				  the denial of a hearing request submitted pursuant to
				  R.S.
				  30:2024(A), suspended permit
				  conditions shall become effective unless the applicant timely files a petition
				  for de novo review pursuant to
				  R.S.
				  30:2024(C).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 5 - Confidential Information Regulations › Section I-501 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. Department of
				  Environmental Quality information and records obtained under the Louisiana
				  Environmental Quality Act, or by any rule, regulation, order, license,
				  registration, or permit term or condition adopted or issued thereunder, or by
				  any investigation authorized there by, shall be available to the public, unless
				  confidentiality is requested in writing by:
1.
				  US mail to Louisiana Department of Environmental Quality, Office of the
				  Secretary, Legal Division, Attention: General Counsel, P.O. Box 4302, Baton
				  Rouge, LA 70821-4302; or
2. courier
				  (e.g., personal delivery, Federal Express, UPS, etc.) to Louisiana Department
				  of Environmental Quality, Office of the Secretary, Legal Division, Attention:
				  General Counsel, 602 North Fifth Street, Baton Rouge, LA 70802.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 5 - Confidential Information Regulations › Section I-502 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms used in this Chapter shall have the meanings listed below, unless the
				  context otherwise requires, or unless specifically redefined in a particular
				  Section.
Air Emission Data
- any information
					 necessary or used to determine or calculate the identity, amount, frequency,
					 concentration, or other characteristic of any emission or discharge that has
					 been emitted or discharged by a source; or any information necessary or used to
					 determine or calculate the identity, amount, frequency, concentration, or other
					 characteristic of an emission that, under an applicable standard or limitation,
					 a source was authorized to emit or discharge, including, to the extent
					 necessary to identify the source and to distinguish it from other sources, a
					 description of the device, installation, or operation constituting the source.
					 This includes the calculation of an "allowable" emission limit for a
					 permit.
Complete
- in reference to a request for
					 confidentiality of information or records, the request contains everything
					 necessary for a determination to be made. Designating a request complete does
					 not preclude the department from requesting or accepting an amended
					 request.
Financial Request
- a single character
					 request that contains financial information or records only. This includes, but
					 is not limited to, financial accounts statements, gross revenues statements,
					 profit and loss statements, projected revenues statements, tax returns,
					 financial/accounting statements, and financial audit
					 documentation/reports.
Mixed Character Record
- a record
					 submitted as part of a request for confidentiality that, in addition to
					 information that meets the criteria for confidentiality specified by law, also
					 contains information that either does not meet the criteria for confidentiality
					 specified by law or is prohibited by law or regulation from being classified as
					 confidential.
Mixed Character Request
- a request for
					 confidentiality that contains one or more mixed character records.
Single Character Request
- a request for
					 confidentiality that contains only information or records that meet the
					 criteria for confidentiality specified by law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2030.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 5 - Confidential Information Regulations › Section I-503 - Requests for Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Each request for confidentiality shall include all of the following:
1. a statement whether the request for
				  confidentiality is a single character request, a mixed character request, or a
				  financial request;
2. a list or an
				  index identifying each separate record, category of records, or item of
				  information and stating the legal authority under which each separate record or
				  item of information may be determined to require confidentiality;
3. a statement of the measures taken to guard
				  against undesired disclosure to others of each record or item of
				  information;
4. a statement of the
				  extent to which the information or records have been disclosed to others and
				  the precautions taken in connection therewith;
5. a statement whether disclosure of the
				  information or records would be likely to result in substantial harmful effects
				  in the competitive market and, if so:
a. a
				  statement of what those effects would be;
b. a statement of why they should be viewed
				  as substantial; and
c. an
				  explanation of the causal relationship between disclosure and such harmful
				  effects for each record or item of information;
6. a statement whether any previous request
				  for confidentiality has been made to any government agency for the same
				  information or records and, if so, the date of the request and its disposition;
				  and
7. a certification that all
				  statements are true and correct to the best of the requester's
				  knowledge.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 5 - Confidential Information Regulations › Section I-505 - Responses to Requests for Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall make a determination
				  and send a written response to the requester by certified mail within a
				  reasonable time from receipt of a complete request for confidentiality, except
				  for:
1. requests made in accordance with
				  R.S.
				  30:2074(D), in which case
				  the department shall send a written response by certified mail within 21
				  working days from receipt of the complete request for confidentiality;
				  and
2. requests made in accordance
				  with
				  R.S.
				  44:3.2, in which case the department shall
				  send a written response by certified mail within 30 days from receipt of the
				  complete request for confidentiality.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 5 - Confidential Information Regulations › Section I-507 - Accessibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. Information that
				  is confidential shall not be made available to the public.
B. If a request for confidentiality is
				  granted, such confidentiality shall not prevent the necessary use of the
				  information or records by department employees or duly authorized officers or
				  employees of local, state, or federal governments in carrying out their
				  responsibilities under law. The secretary or the secretary's designee must duly
				  authorize any officer or employee of local, state, or federal government who
				  seeks access to confidential information or records.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2030 and
					 2074.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 5 - Confidential Information Regulations › Section I-509 - Release of Confidential Information or Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Information or records that are declared
				  confidential to prevent impairment of an ongoing investigation or prejudice to
				  the final decision regarding a violation will be made available for public
				  inspection upon conclusion of the investigation or rendition of the final
				  decision regarding a violation.
B.
				  All other information or records that are declared confidential are subject to
				  public disclosure three years from the date of determination of
				  confidentiality, unless a complete request for continuance of confidentiality
				  is received no later than 180 days prior to the expiration of the three-year
				  period.
C. The submitter of
				  information or records or the submitter's successor or assignee shall notify
				  the secretary, by authentic act, of any information or record that is no longer
				  considered to be confidential and shall release the secretary from any
				  responsibility with regard to any claim of confidentiality concerning that
				  record or information.
D. Renewal
				  of a grant of confidentiality is at the discretion of the secretary.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2030.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 5 - Confidential Information Regulations › Section I-511 - Disclosure of Confidential Records or Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any employee or former employee of the
				  department or anyone acting as a representative of the secretary of the
				  department who is convicted of intentional disclosure or conspiracy to disclose
				  trade secrets or other information that has been determined to be confidential
				  is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of
				  not more than $1,000, imprisonment for up to one year, or both.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2030.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 6 - Security-Sensitive Information › Section I-601 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. Department of
				  Environmental Quality records and information obtained under the Louisiana
				  Environmental Quality Act, or in accordance with any rule, regulation, order,
				  license, registration, or permit term or condition adopted or issued
				  thereunder, or by any investigation authorized thereby, shall be available to
				  the public unless specifically excepted or exempted by law. In accordance with
				  law, regulation, or general practice, records and information may be made
				  accessible to the public in a variety of ways, including but not limited to
				  in-person on department premises, at a public library or other public facility,
				  via request in accordance with the Louisiana Public Records Act, at a public
				  meeting, via public notice, or via the Internet. Certain security-sensitive
				  information shall not be publicly distributed or disseminated via the Internet
				  by the department.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2030(D).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 6 - Security-Sensitive Information › Section I-603 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms used in this Chapter shall have the meanings listed below, unless the
				  context otherwise requires, or unless specifically redefined in a particular
				  Section.
Distribution or Dissemination via the
					 Internet
- to make known to the public generally by posting to a web,
					 FTP, database, or application server configured for anonymous public access
					 under the direct control of the department.
Security-Sensitive Information
- as
					 defined in
					 R.S.
					 44:3(A)(3), security
					 procedures, criminal intelligence information pertaining to terrorist-related
					 activity, or threat or vulnerability assessments created, collected, or
					 obtained in the prevention of terrorist-related activity, including but not
					 limited to physical security information, proprietary information, operational
					 plans, and the analysis of such information, or internal security
					 information.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2030(D).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 6 - Security-Sensitive Information › Section I-605 - Responsibility of Provider of Records or Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. As the department does not generate
security-sensitive information
as defined in LAC 33:I.603, it
				  shall be the responsibility of a provider of such information to identify it as
				  security sensitive at the time of submitting it to the department.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2030(D).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 6 - Security-Sensitive Information › Section I-607 - Procedure for Submitting Security-Sensitive Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event that a submittal of records,
				  documents, or information to the department contains security-sensitive
				  information, these steps shall be followed in order to ensure that the
				  information is marked for protection from Internet distribution or
				  dissemination.
1. A cover sheet conspicuously
				  labeled with the phrase "Contains Security-Sensitive Information" shall
				  accompany the submittal. Each page or any item (e.g., any picture, map,
				  videotape, computer disk, etc.) that contains allegedly security-sensitive
				  information shall be clearly labeled. To the maximum extent possible,
				  security-sensitive information shall be segregated and placed in a clearly
				  labeled appendix to facilitate identification and handling.
2. A statement detailing the reasons for the
				  required protection shall also accompany the submittal. It shall include all of
				  the following:
a. the measures taken to guard
				  against undesired disclosure of the information to others;
b. the extent to which the information has
				  been disclosed to others and the precautions taken in connection
				  therewith;
c. whether disclosure of
				  the information would be likely to result in substantial harmful effects and,
				  if so, what those harmful effects would be, why they should be viewed as
				  substantial, and an explanation of the causal relationship between disclosure
				  and such harmful effects;
d. the
				  period of time for which protection from Internet distribution or dissemination
				  is desired; and
e. a certification
				  that all statements are true and correct to the best of the provider's
				  knowledge.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 6 - Security-Sensitive Information › Section I-609 - Dissemination of Existing Security-Sensitive Information; Notification to Department

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				  the event that the department distributes or disseminates any information via
				  the Internet that was in its possession prior to the adoption of this
				  regulation, and the provider of the information considers the information to be
				  security sensitive, it is the responsibility of the provider to notify the
				  department via letter to the Custodian of Records, Department of Environmental
				  Quality, Box 4303, Baton Rouge, LA 70821-4303 or by fax to (225) 219-3175.
				  Notification shall include all information required in LAC 33:I.607 and
				  authentication that the person making the declaration is authorized to do so.
				  Distribution or dissemination of the material via the Internet will be
				  restricted within three business days of notification.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2030(D).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 7 - Penalties › Section I-701 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The intent of
				  this Chapter is to assure that, after the department has determined a penalty
				  is to be assessed for one or more violations, each penalty is assessed in a
				  consistent, fair, and equitable manner; that penalties are appropriate for the
				  gravity of the violation committed; that economic incentives for noncompliance
				  are eliminated; that penalties are sufficient to deter persons from committing
				  future violations; and that compliance is expeditiously achieved and
				  maintained.
B. After considering
				  the nine factors in
				  R.S.
				  30:2025(E)(3)(a), the
				  department realizes there may be circumstances where violations have occurred
				  that do not warrant a penalty action.
C. This Chapter is to be utilized by the
				  department only after it has determined that a penalty is to be assessed for a
				  specific violation unless otherwise specified by rule or regulation. Nothing in
				  this Chapter applies to the determination of whether to assess a penalty, or to
				  the compromise or settlement of a penalty.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.3.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 7 - Penalties › Section I-705 - Penalty Determination Method

Current through Register Vol. 50, No. 6, June 20, 2024
A. A penalty range for each penalty event is
				  calculated based on the two violation-specific factors. The two
				  violation-specific factors are plotted on the penalty matrix to determine a
				  penalty range for a particular penalty event (see Table 1). The various penalty
				  ranges for a penalty event are found inside each cell of the penalty matrix.
Table 1. Penalty Matrix
Degree of Risk/ Impact to Human Health or
								Property
Nature and Gravity of the Violation
Major
Moderate
Minor
Major
$32,500
to
$20,000
$20,000
to
$15,000
$15,000
to
$11,000
Moderate
$11,000
to
$8,000
$8,000
to
$5,000
$5,000
to
$3,000
Minor
$3,000
to
$1,500
$1,500
to
$500
$500
to
$100
1. Penalty
				  Matrix-Degree of Risk to Human Health or Property. The first stage of the
				  penalty calculation involves the categorization of each penalty event as major,
				  moderate, or minor with regard to its degree of risk to human health or
				  property. The following criteria are used to categorize each penalty event with
				  regard to its degree of risk to human health or property.
a. Major. Refers to a violation in which
				  actual measurable harm or substantial risk of harm to the environment or public
				  health occurs. The noncompliance results in, or would reasonably be expected to
				  result in, the temporary or permanent loss of a use of the environmental
				  resource. A violation of major impact and hazard may be one characterized by
				  high volume and/or frequent occurrence and/or high pollutant concentration.
				  Such violations may have a detrimental impact on sensitive environments or
				  include the discharge of toxic pollutants;
b. Moderate. Refers to a violation that has
				  the potential for measurable detrimental impact on the environment or public
				  health. A violation of moderate impact and hazard may be one characterized by
				  occasional occurrence and/or pollutant concentration that may be expected to
				  have a detrimental effect under certain conditions; and
c. Minor. Refers to a violation that does not
				  directly present actual harm or substantial risk of harm to the environment or
				  public health. Violations that are isolated single incidences and that cause no
				  measurable detrimental effect to the environment or public health may be
				  considered minor. Violations that are administrative in nature may be, but are
				  not necessarily, considered minor.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 8 - Expedited Penalty Agreement › Section I-801 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Agency Interest Number
-a site-specific
					 number assigned to a facility by the department that identifies the facility in
					 a distinct geographical location.
Expedited Penalty Agreement
-a
					 predetermined penalty assessment issued by the department and agreed to by the
					 respondent, which identifies violations of minor or moderate gravity as
					 determined by LAC 33:I.705, caused or allowed by the respondent and occurring
					 on specified dates, in accordance with
					 R.S.
					 30:2025(D).
LAR050000
-Repealed.
LAR100000
-Repealed.
LPDES General
					 Permit
-Repealed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular
					 R.S.
					 30:2025(D).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 8 - Expedited Penalty Agreement › Section I-803 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this Chapter is to provide an alternative penalty assessment mechanism that the
				  department may utilize, at its discretion, to expedite penalty assessments in
				  appropriate cases. This Chapter:
1. addresses
				  minor or moderate violations;
2.
				  quantifies and assesses penalty amounts for common violations in a consistent,
				  fair, and equitable manner;
3.
				  ensures that the penalty amounts are appropriate, in consideration of the nine
				  factors listed in
				  R.S.
				  30:2025(E)(3)(a);
4. eliminates economic incentives for
				  noncompliance for common minor and/or moderate violations; and
5. ensures expeditious compliance with
				  environmental regulations.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 9 - Petition for Rulemaking › Section I-901 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. In general,
				  rulemaking to adopt, amend, or rescind any regulation may be initiated by any
				  division as its own option, upon the recommendation of another agency of the
				  state of Louisiana, or at the petition of any interested person. This Chapter
				  addresses general requirements for petitions requesting rulemaking.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 9 - Petition for Rulemaking › Section I-903 - Rescission

Current through Register Vol. 50, No. 6, June 20, 2024
A.Section 2.13 of
				  the Rules of Procedure of the Louisiana Environmental Control Commission dated
				  July 22, 1980, and effective August 20, 1980, is hereby rescinded.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 9 - Petition for Rulemaking › Section I-905 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms used in this Chapter shall have the meanings listed below, unless the
				  context otherwise requires, or unless specifically redefined in a particular
				  Section.
Administrative Authority
-the Secretary of
					 the Department of Environmental Quality or his designee, or the appropriate
					 assistant secretary or his designee.
Department
- the Department of
					 Environmental Quality as created by
					 R.S.
					 30:2001 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 9 - Petition for Rulemaking › Section I-907 - Content of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any interested person may petition the
				  administrative authority in writing to issue, amend, or rescind any
				  regulation.
B. The petition shall
				  be addressed to the Office of the Secretary.
C. The petition shall be submitted by
				  certified mail.
D. The petition
				  shall include:
1. the petitioner's name and
				  address;
2. the petitioner's
				  interest in the proposed action;
3.
				  the basis for the request;
4. the
				  substance or specific text of any proposed regulation or amendment or a
				  description of the regulation, the rescission, or the amendment that is
				  desired; and
5. any other
				  information that justifies the proposed action.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 9 - Petition for Rulemaking › Section I-909 - Processing a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt, the petition for rulemaking
				  shall be reviewed for completeness, as prescribed in LAC 33:I.907. If found
				  complete, the petition shall be processed in accordance with this
				  Section.
B. Within 90 days of
				  receipt of the petition for rulemaking, the administrative authority shall deny
				  the petition in writing, stating reasons for the denial, or shall initiate
				  rulemaking by providing the petitioner with the necessary, completed form as
				  provided in the department's Policy Number 0003-88, "Rule Development
				  Procedure."
1. If the administrative
				  authority decides to proceed with rulemaking, the department procedures for
				  processing a proposed regulation shall be followed. In addition, a notice of
				  the initiation of rulemaking shall be published in a major newspaper of general
				  circulation within the area affected by the petition for rulemaking or in the
				  official journal of the state, if the impact of the proposed rule is
				  statewide.
2. If the administrative
				  authority decides not to proceed with rulemaking, the decision to deny the
				  petition, stating reasons for the denial, shall be published in a major
				  newspaper of general circulation within the area affected by the petition for
				  rulemaking or in the official journal of the state, if the impact of the
				  petition denial is statewide, and in the
Louisiana
				  Register
.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  establishes procedures for issuance of declaratory rulings by the Department of
				  Environmental Quality on significant matters when a request for a declaratory
				  ruling has been received by the administrative authority. All requests for
				  declaratory rulings shall be governed by the Louisiana Environmental Quality
				  Act (in particular,
				  R.S.
				  30:2050.10), the Administrative Procedure Act
				  (in particular,
				  R.S.
				  49:962), and this Chapter. This Chapter also
				  establishes procedures for related matters such as, but not limited to, appeals
				  related to declaratory rulings.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms used in this Chapter shall have the meanings listed below, unless the
				  context otherwise requires, or unless specifically redefined in a particular
				  Section.
Administrative Authority
-the Secretary of
					 the Department of Environmental Quality, or his designee, or the appropriate
					 assistant secretary or his designee.
Administrative Record
- any and all
					 documents, testimony, records, files, or materials submitted to the
					 administrative authority or compiled by the administrative authority concerning
					 a request for a declaratory ruling or a declaratory ruling.
Aggrieved Person
- person who has a real
					 and actual interest that is or might be adversely affected by the agency action
					 upon which a declaratory ruling is sought.
Declaratory Ruling
- a final agency action
					 in writing, identified as a declaratory ruling, and issued by the department
					 with respect to one or more of the following:
a. the validity of a rule; or
b. the applicability of any rule, order, or statute to any
					 person, property, or existing state of facts or facts certain to arise.
Declaratory Rulings Clerk
- the person
					 who, directly or through his/her designee(s), maintains custody of and receives
					 filings to the records of declaratory rulings.
Declaratory Rulings Officer
- the
					 secretary or a delegated assistant secretary responsible for issuing a
					 declaratory ruling.
Department
- the Louisiana Department of
					 Environmental Quality.
Intervener
- an aggrieved person to whom
					 intervener status is granted by the declaratory rulings officer under LAC
					 33:I.1133.
Party
- the department, a petitioner, or
					 an intervener.
Petitioner
- any person who formally
					 requests a declaratory ruling in accordance with this Chapter.
Pleading
- a petition, motion, response,
					 request, or any statement of position filed with the declaratory rulings clerk
					 in connection with a request for a declaratory ruling or a declaratory
					 ruling.
Secretary
- the Secretary of the
					 Department of Environmental Quality.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1105 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				  of these rules, or the application thereof, is held to be invalid, the
				  remaining provisions of these rules shall not be affected, so long as they can
				  be given effect without the invalid provision. To this end, the provisions of
				  these rules are declared to be severable.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1107 - Conflicts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				  otherwise required by statutory law, this Chapter shall exclusively govern
				  procedures for the department's issuance of declaratory rulings on significant
				  matters, and this Chapter supersedes all rules in conflict herewith.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.