SLS 20RS-445 ORIGINAL
2020 Regular Session
SENATE BILL NO. 400
BY SENATOR FIELDS AND REPRESENTATIVE JORDAN
ENVIRONMENT QUALITY DEPT. Provides for penalties for violation of the
Environmental Quality Act. (2/3-CA7s2.1(A)) (8/1/20)
1 AN ACT
2 To amend and reenact R.S. 30:2025(E)(1)(a) and (2) and (F)(1)(a) and (2)(a), relative to
3 civil and criminal penalties for violations of the Environmental Quality Act; to
4 increase civil penalties; to increase criminal penalties; and to provide for related
5 matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 30:2025(E)(1)(a) and (2) and (F)(1)(a) and (2)(a) are hereby
8 amended and reenacted to read as follows:
9 ยง2025. Enforcement
10 * * *
11 E. Civil penalties.
12 (1)(a) Any person found to be in violation of any requirement of this Subtitle
13 may be liable for a civil penalty, to be assessed by the secretary, the assistant
14 secretary of the office of environmental compliance, or the court, of not more than
15 the cost to the state of any response action made necessary by such violation which
16 is not voluntarily paid by the violator, and a penalty of not more than thirty-two
17 sixty-five thousand five hundred dollars for each day of violation. However, when
Page 1 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 400
SLS 20RS-445 ORIGINAL
1 any such violation is done intentionally, willfully, or knowingly, or results in a
2 discharge or disposal which causes irreparable or severe damage to the environment
3 or if the substance discharged is one which endangers human life or health, such
4 person may be liable for an additional penalty of not more than one two million
5 dollars.
6 * * *
7 (2) Any person to whom a compliance order or a cease and desist order is
8 issued pursuant to Subsection C of this Section who fails to take corrective action
9 within the time specified in said order shall be liable for a civil penalty to be assessed
10 by the secretary, the assistant secretary of the office of environmental compliance,
11 or the court of not more than fifty one hundred thousand dollars for each day of
12 continued violation or noncompliance.
13 * * *
14 F. Criminal penalties.
15 Except as otherwise provided by law:
16 (1)(a) Any person who willfully or knowingly discharges, emits, or disposes
17 of any substance in contravention of any provision of this Subtitle, of the regulations,
18 or of the permit or license terms and conditions in pursuance thereof, when the
19 substance is one that endangers or that could endanger human life or health, shall be
20 guilty of a felony and shall be fined not more than one two million dollars or the cost
21 of any cleanup made necessary by such violation and in addition may be fined not
22 more than one two hundred thousand dollars per violation, which may be assessed
23 for each day the violation continues, and costs of prosecution, or imprisoned at hard
24 labor for not more than ten twenty years, or both, provided that a continuous
25 violation extending beyond a single day shall be considered a single violation.
26 * * *
27 (2)(a) Any person who willfully or knowingly discharges, emits, or disposes
28 of any substance in contravention of any provision of this Subtitle of the regulations,
29 or of the permit or license terms and conditions in pursuance thereof, when the
Page 2 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 400
SLS 20RS-445 ORIGINAL
1 substance does not endanger or could not endanger human life or health, or who
2 willfully or knowingly violates any fee or filing requirement, or who willfully or
3 knowingly makes any false statement, representation, or certification in any form,
4 application, record, label, manifest, report, plan, or other document filed or required
5 to be maintained under this Subtitle, or under any permit, rule, or regulation issued
6 under this Subtitle, or who willfully or knowingly falsifies, intentionally tampers
7 with, or knowingly renders inaccurate any monitoring device or method required to
8 be maintained under this Subtitle, or under any permit, rule, or regulation issued
9 under this Subtitle, shall be guilty of a misdemeanor and may be fined not more than
10 twenty-five fifty thousand dollars per violation, which may be assessed for each day
11 the violation continues, and costs of prosecution, or imprisoned for not more than
12 one year two years, or both, provided that a continuous violation extending beyond
13 a single day shall be considered a single violation. A finding that this Paragraph has
14 been violated shall be a responsive verdict when the defendant has been charged with
15 a violation of Paragraph (1) of this Subsection.
16 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tyler S. McCloud.
DIGEST
SB 400 Original 2020 Regular Session Fields
Present law provides for civil penalties for any violation of the Environmental Quality Act,
assessed by the secretary, the assistant secretary of the office of environmental compliance,
or the court, of not more than the cost to the state of any response action made necessary by
such violation which is not voluntarily paid by the violator, and a penalty of not more than
$32,500 for each day of violation. Proposed law increases such civil penalty from $32,500
per day to $65,000 per day.
Present law provides that when any such violation is done intentionally, willfully, or
knowingly, or results in a discharge or disposal which causes irreparable or severe damage
to the environment or if the substance discharged is one which endangers human life or
health, such person may be liable for an additional penalty of not more than $1,000,000.
Proposed law increase such additional penalty from not more than $1,000,000 to $2,000,000.
Present law subjects any person to whom a compliance order or a cease and desist order is
issued and fails to take corrective action within the time specified in said order to a civil
penalty to be assessed by the secretary, the assistant secretary of the office of environmental
compliance, or the court of not more than $50,000 for each day of continued violation or
noncompliance. Proposed law increases the civil penalty from not more than $50,000 per
day to not more than $100,000 per day.
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 400
SLS 20RS-445 ORIGINAL
Present law provides for felony criminal penalties for any person who willfully or knowingly
discharges, emits, or disposes of any substance in violation of present law, of the regulations,
or of the permit or license terms and conditions, when the substance is one that endangers
or that could endanger human life or health. Present law provides for a fine of not more than
$1,000,000 or the cost of any cleanup made necessary by such violation and provides for an
additional fine of not more than $100,000 per violation, which may be assessed for each day
the violation continues, and costs of prosecution, or imprisoned at hard labor for not more
than 10 years, or both, provided that a continuous violation extending beyond a single day
shall be considered a single violation.
Proposed law increases the fine from $1,000,000 to $2,000,000, the additional fine from
$100,000 per violation to $200,000 per violation, and the imprisonment from not more than
10 years at hard labor to 20 years at hard labor.
Present law provides for misdemeanor criminal penalties for any person who willfully or
knowingly discharges, emits, or disposes of any substance in contravention of present law,
of the regulations, or of the permit or license terms and conditions in pursuance thereof,
when the substance does not endanger or could not endanger human life or health, or who
willfully or knowingly violates any fee or filing requirement, or who willfully or knowingly
makes any false statement, representation, or certification in any form, application, record,
label, manifest, report, plan, or other document filed or required to be maintained or who
willfully or knowingly falsifies, intentionally tampers with, or knowingly renders inaccurate
any monitoring device or method required to be maintained. Present law provides for a fine
of not more than $25,000 per violation, which may be assessed for each day the violation
continues, and costs of prosecution, or imprisoned for not more than one year or both,
provided that a continuous violation extending beyond a single day shall be considered a
single violation.
Proposed law increases the fine from $25,000 per violation to $50,000 per violation and
imprisonment from not more than one year to two years, or both.
Effective August 1, 2020.
(Amends R.S. 30:2025(E)(1)(a) and (2) and (F)(1)(a) and (2)(a))
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.