Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part V - Hazardous Wastes and Hazardous Materials
Subpart 2 - Department of Public Safety and Corrections-Hazardous Materials
Chapter 101 - Hazardous Material Information Development, Preparedness, and Response Act
Section V-10117 - Failure to Report: Penalties

Universal Citation: LA Admin Code V-10117

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

A. Failure to report any regulated material on a Tier Two Inventory form, as provided in these rules and under the authority of R.S. 30:2361-2380, may result in the levying of civil penalties up to $25,000 for each regulated hazardous material not reported and/or for each non-reported release or incident involving a regulated hazardous material.

B. The burden of proof shall be on the owner or operator of a facility to show that the failure to report a hazardous material or release was inadvertent.

C. Small businesses, as defined by these rules, which have any omission from the inventory reporting forms will receive, on first offense, a warning rather than a civil penalty.

D. Careless Handling of a Hazardous Material

1.R.S. 30:2373(D)(1). Any person who handles, stores, or otherwise maintains a hazardous material regulated by this Chapter in a negligent or unreasonable manner without regard for the hazards of the material and causes a significant impact to public health and safety as a result of a reportable release of a hazardous material shall be in violation of this Subsection.

2.R.S. 30:2373(D)(2) provides that for any person, owner, operator, or facility that violates R.S. 30:2373(D) the department may levy a civil penalty not to exceed $10,000 per violation.

E. Reckless Handling of a Hazardous Material

1.R.S. 30:2373.E.(1) provides that no person shall intentionally handle, store, or otherwise maintain any hazardous material regulated by the Right-to-Know Law in a manner which endangers human life.

2.R.S. 30:2373.E.(2) provides that any person, owner, operator, or facility that willfully violates R.S. 30:2373.E may be assessed a civil penalty by the department not to exceed $25,000 per violation per day or upon first conviction shall be fined not more than $500 or imprisoned for not more than six months, or both. Upon second or subsequent conviction of a violation of R.S. 30:2373.E.(1), said person, owner, operator, or facility shall be fined not less than $500 nor more than $10,000 or imprisoned with or without hard labor for not less than six months nor more than 10 years.

F. Intentional Failure to Report a Hazardous Material Release or Incident

1.R.S. 30:2373.C.(3) provides that for owners and operators who knowingly fail to report a reportable release of a hazardous material regulated by the Right-to-Know Law the department may assess a civil penalty not to exceed $25,000 per violation per day.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2361 et seq.

Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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