§ 30:18 — Penalties for violation; venue

Louisiana § 30:18

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§18. Penalties for violation; venue
A.(1) Whoever violates a provision of this Title, or a rule, regulation, or order of the
department made hereunder, shall be subject to a civil penalty of not more than five thousand
dollars a day for each day of violation and for each act of violation.
(2) Whoever knowingly and willfully violates a provision of this Subtitle, or a rule,
regulation, or order of the department made pursuant to this Subtitle, shall be deemed guilty
of a misdemeanor and, upon conviction by a court of competent jurisdiction, shall be fined
not more than five thousand dollars for each day of violation and for each act of violation,
if a penalty for the violation is not otherwise provided in this Subtitle.
(3) Notwithstanding any provisions of this Section to the contrary, whoever violates
the provisions of R.S. 30:4(C)(16) or the rules, regulations or orders of the department made
thereunder, and who is disposing or has disposed of hazardous wastes identified and
designated as such by the department under the provisions of R.S. 30:2173 may be liable for
a civil penalty of not more than twenty-five thousand dollars for each day of violation and
for each act of violation.
(4) Whoever willfully and knowingly violates the provisions of R.S. 30:4(C)(16) or
the rules, regulations and orders of the department made thereunder in the disposal of
hazardous wastes identified and designated as such by the department under the provisions
of R.S. 30:2173 shall be fined not more than twenty-five thousand dollars per day of
violation and costs of prosecution or imprisoned for not more than one year, or both, and in
such instances the prosecution may be instituted by the district attorney having criminal
jurisdiction.
(5) Any purchaser of oil and gas from any owner who violates a provision of this
Subtitle, or a rule, regulation, or order of the department, may be ordered by the department
to hold in escrow any monies allocated to such owners. Monies allocated to royalty owners
and overriding royalty owners shall not be affected by this Paragraph.
(6)(a)(i) Notwithstanding any provision of this Section to the contrary, any person
found to be in violation of any provision of this Subtitle related to the drilling or use of
underground caverns for hydrocarbon storage or solution mining, or any requirement, rule,
regulation, or order related thereto, may be liable for a civil penalty, to be assessed by the
department or the court, of not more than the cost to the state of any response action made
necessary by such violation that is not voluntarily paid by the violator, and a penalty of not
more than thirty-two thousand five hundred dollars for each day of violation. However, such
person may be liable for an additional penalty of not more than one million dollars when any
such violation is done intentionally, willfully, or knowingly and either results in a discharge
or disposal that causes irreparable or severe damage to the environment or involves the
discharge of a substance which endangers human life or health.
(ii) If the penalty assessed by the department is upheld in full or in part, the
department shall be entitled to legal interest as provided in R.S. 9:3500 from the date of
imposition of the penalty until paid.
(iii) Any person found to be in violation of any provision of this Chapter related to
the drilling or use of underground caverns for hydrocarbon storage or solution mining, or any
requirement, rule, regulation, or order related thereto, may be subject to the revocation or
suspension of any permit, license, or variance that has been issued to the person related to
the drilling or use of such underground caverns for hydrocarbon storage or solution mining.
(b) Any person to whom a compliance order or a cease and desist order is issued
pursuant to this Subtitle who fails to take corrective action within the time specified in said
order shall be liable for a civil penalty to be assessed by the department or the court of not
more than fifty thousand dollars for each day of continued violation or noncompliance.
(c)(i) In determining whether or not a civil penalty is to be assessed and in
determining the amount of the penalty or the amount agreed upon in compromise, the
following factors shall be considered:
(aa) The history of previous violations or repeated noncompliance.
(bb) The nature and gravity of the violation.
(cc) The degree of culpability, recalcitrance, defiance, or indifference to regulations
or orders.
(dd) The monetary benefits realized through noncompliance.
(ee) The degree of risk to human health or property caused by the violation.
(ff) Whether the noncompliance or violation and the surrounding circumstances were
immediately reported to the department and whether the violation or noncompliance was
concealed or if there was an attempt to conceal by the person charged.
(gg) Whether the person charged has failed to mitigate or to make a reasonable
attempt to mitigate the damages caused by his noncompliance or violation.
(hh) The costs of bringing and prosecuting an enforcement action, such as staff time,
equipment use, hearing records, and expert assistance.
(ii) The department may supplement such criteria by rule. In the event that the order
with which the person failed to comply was an emergency cease and desist order, no penalty
shall be assessed if it appears upon later hearing that said order was issued without
reasonable cause.
(iii) The department by rule may establish classifications or levels of violations and
the appropriate enforcement response.
(d) After submission for a penalty determination at a hearing, the department shall
provide an opportunity for relevant and material public comment relative to any penalty that
may be imposed.
(e) If the penalty assessed by the department is upheld in full or in part, the
department shall be entitled to legal interest as provided in R.S. 9:3500 from the date of
imposition of the penalty until paid. If any penalty assessed by the department under the
provisions of this Paragraph is vacated or reduced as the result of an appeal of the
assessment, the court shall award to the respondent legal interest as provided in R.S. 9:3500
on the amount required to be refunded by the department.
B. Whoever knowingly and willfully aids or abets a person in the violation of a law
of this state relating to the conservation of oil or gas, or the violation of a provision of this
Subtitle, or any rule, regulation, or order made thereunder, shall be subject to the same
penalties provided in this Section for the principal violator.

Legislative History

Acts 1981, No. 853, §1; Acts 1990, No. 606, §1; Acts 2013, No. 367, §1, eff. June 12, 2013; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.