This text of Louisiana § 40:1281.22 (Sewage discharges; prohibitions; penalties) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1281.22. Sewage discharges; prohibitions; penalties
A. No person shall cause or allow to be discharged untreated or improperly treated
sewage into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, or their drainage
basins, and into all estuaries, streams, and water courses within the state which empty or
drain into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, or their drainage
basins, in contravention of any of the rules or regulations authorized and adopted pursuant
to R.S. 40:1281.21.
B.
(1)When an inspection discloses a violation of this Section, the state health officer
or his duly authorized representative shall notify the responsible party of the violation and
give them an opportunity to correct the noted deficiencies. If upon reinspection, the violation
i
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§1281.22. Sewage discharges; prohibitions; penalties
A. No person shall cause or allow to be discharged untreated or improperly treated
sewage into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, or their drainage
basins, and into all estuaries, streams, and water courses within the state which empty or
drain into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, or their drainage
basins, in contravention of any of the rules or regulations authorized and adopted pursuant
to R.S. 40:1281.21.
B.(1) When an inspection discloses a violation of this Section, the state health officer
or his duly authorized representative shall notify the responsible party of the violation and
give them an opportunity to correct the noted deficiencies. If upon reinspection, the violation
is noted to still exist, the state health officer is hereby authorized, in accordance with the
Administrative Procedure Act, to issue a civil compliance order directing the responsible
party to correct the violations noted and/or impose a fine of one hundred dollars per day for
each day the violation has not been corrected, not to exceed ten thousand dollars. If a fine
is imposed, the fine shall commence on the day following the date specified for compliance
in the civil compliance order issued by the state health officer.
(2) All fines imposed under this Section shall be payable to the office of public
health of the Louisiana Department of Health.
(3) In accordance with the Administrative Procedure Act, the aggrieved party,
following a hearing and orders issued pursuant thereto, may petition a district court for
judicial review of the administrative proceeding.
(4) If a civil action is necessary to recover fines imposed in this Section, the offender
shall be liable for the amount of the fine, legal interest from the date of assessment, and all
costs of recovery, including reasonable attorney fees and court costs. It shall be the duty of
the Bureau of Legal Services of the Louisiana Department of Health to initiate all civil action
in recovering said fines.