RDCSB139 341 3202
Page 1 of 2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by McHenry Lee.
DIGEST
Ward (SB 139)
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, and
results in either a discharge or disposal which causes severe damage to the environment, or
a discharge or disposal 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to the
original bill
1. Changes criteria for the $1 million penalty.
2. Requires that permit revocation be related to a certain cavern.
Senate Floor Amendments to engrossed bill
1. Technical. RDCSB139 341 3202
Page 2 of 2
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the reengrossed bill.
1. Remove "gross revenues generated by the respondent" as a criteria for assessing
the amount of the civil penalty.
2. Made technical changes.