Louisiana Administrative Code
Title 51 - PUBLIC HEALTH-SANITARY CODE
Part XII - Water Supplies
Chapter 7 - Accompanying Guidelines to the Civil Penalty Assessment Rule [formerly Appendix B]
Section XII-705 - Culpability of the Owner and/or Operator [formerly section 3.1 of paragraph III of appendix B]
Universal Citation: LA Admin Code XII-705
Current through Register Vol. 50, No. 9, September 20, 2024
A. Pursuant to §505. B and D of the "Civil Penalty Assessment Rule" (Chapter 5 of this Part), the following penalty assessment levels shall apply towards the culpability (the level of blame for the occurrence and/or continuance of a violation including factors such as attitude as well as the nature and extent of the efforts to comply) of the owner and/or operator for the particular violation for which a seriousness penalty is assessed.
1. Culpability determined to be deliberate or
intentional (a willful action or lack of action) shall be assessed at 100
percent of one-half of the maximum daily penalty amount.
2. Culpability determined to be recklessness
(wanton disregard of the consequences but proceeded with risk in mind) shall be
assessed at 65 percent of one-half of the maximum daily penalty
amount.
3. Culpability determined
to be negligence (failure to prevent the violation due to indifference, lack of
reasonable care, lack of diligence, etc.) shall be assessed at 35 percent of
one-half of the maximum daily penalty amount.
4. Culpability determined to be non-existent
(those cases where the operator and/or owner has acted reasonably, but the
violation occurred anyway) shall be assessed at 0 percent of one-half of the
maximum daily penalty amount, i.e., $0.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:5.9 (A)(4).
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