§ 30:2044 — Voluntary environmental self-audits

§2044. Voluntary environmental self-audits
A. The secretary shall promulgate, in accordance with the Administrative Procedure
Act, regulations establishing a program for voluntary environmental self-audits. As a part of
that program, the regulations shall provide for the following:
(1) Procedures for conducting voluntary environmental self-audits.
(2) Submission of the results of voluntary environmental self-audits to the
department.
(3) Incentives in the form of reduction or elimination, or both, of civil penalties for
violations disclosed to the department in a voluntary environmental self-audit.
(4) Corrective action for violations discovered as a result of a voluntary
environmental self-audit.
(5) Submission to the department of the plans to correct violations discovered during
a voluntary environmental audit.
(6) A fee for reviewing voluntary environmental self-audit reports and actions taken
to correct the violations reported.
B. The secretary shall promulgate rules and regulations in accordance with the
Administrative Procedure Act identifying violations that are not eligible for relief under this
program. The violations shall include but are not limited to:
(1) Violations that result in serious actual harm to the environment.
(2) Violations that may present an imminent or substantial endangerment to public
health or the environment.
(3) Violations discovered by the department prior to the written disclosure of the
violation to the department.
(4) Violations detected through monitoring, sampling, or auditing procedures that
are required by statute, regulation, permit, judicial or administrative order, or consent
agreement.
C. The fee for reviewing environmental self-audits and corrective actions shall not
exceed the maximum per-hour salary, including associated benefits, of a civil service
employee of the department per hour or portion thereof required to conduct the review plus
reasonable indirect costs calculated as a percentage of the hourly fee. Such percentage shall
be determined annually by agreement between the department and the United States
Environmental Protection Agency for use on grants and contracts. However, the department
may require a minimum fee of one thousand five hundred dollars.
D. Prescription shall be suspended for all claims for violations under this Subtitle
or of the regulations promulgated pursuant to this Subtitle upon participation in the voluntary
self-audit program. The suspension of prescription shall terminate upon a final decision
under R.S. 30:2030(A)(2) or after a period of two years, whichever occurs first.

Legislative History

Acts 2021, No. 481, §1.