The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by McHenry Lee.
DIGEST
Present law provides for penalties for any person who violates a rule, regulation, or order of the
commissioner of conservation.
Proposed law retains present law and provides that any person found to be in violation of any
requirement, rule, regulation, or order related to the drilling or use of underground caverns
issued by the commissioner may be liable for a civil penalty, to be assessed by the commissioner
or the court, of not more than the cost to the state of any response action made necessary by the
violation and a penalty of not more than $32,500 per day of the violation. Further provides that if
the violation is done intentionally, willfully, or knowingly, or results in a discharge or disposal
which causes severe damage to the environment or which endangers human life or death, the
person may be liable for an additional penalty of not more than $1 million.
Proposed law provides that any person found to be in violation of any rule, regulation, or order
related to the drilling or use of underground caverns may be subject to revocation or suspension
of any permit, license, or variance which has been issued.
Proposed law provides that any person who has been issued a compliance order or a cease and
desist order and who fails to take corrective action within the time specified will be liable for a
civil penalty to be assessed by the commissioner or the court of no more than $50,000 per day of
the violation.
Proposed law provides criteria for assessing the amount of the penalty.
Proposed law requires the commissioner to provide an opportunity for relevant and material
public comment relative to any penalty which may be imposed at a penalty determination
hearing.
Proposed law provides that if the penalty assessed by the commissioner is upheld in full or part,
the commissioner will be entitled to legal interest. Further provides that if the penalty is vacated
or reduced as a result of an appeal of the assessment, the court will award to the respondent legal
interest.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 30:148.9(B); adds R.S. 30:18(A)(6))