LAC 43:I.5117. Enforcement

A. The submission of an administratively complete permit application shall serve as an acknowledgment and agreement by the designated operator, responsible parties, and landowners that the department, upon proper notice and identification, may enter the immovable property where the solar power generation facility is located at reasonable times for purposes of site inspection and decommissioning activities. B. Failure of the designated operator to comply with all requirements set forth in this Chapter, after notice and opportunity to cure, may result in the department taking appropriate enforcement actions, including but not limited to the non-issuance or revocation of a facility’s permit and, pursuant to R.S. 30:1154(F), the secretary may enjoin the designated operator or a responsible party for violating any regulation set forth in this Chapter. 1. The department shall send notice of noncompliance to the designated operator or all responsible parties by certified mail, return receipt requested, that sets forth the nature of the violations, the actions necessary to correct the violations, the date by which corrective actions should be taken and completed, and the department’s intended actions upon failure to correct the violation. 2. The designated operator and all responsible parties agree that a violation may be enforced, restrained, corrected, or abated, without limitation, by any such judicial remedy, without the necessity of the department proving irreparable harm or furnishing bond or other security and with the department, should it prevail in whole or in part, being entitled to recover reasonable attorney's fees and costs. C. If the department determines a facility has not been decommissioned in accordance with this Chapter, the department shall call upon the financial security instrument to decommission the facility. Where the financial security instrument(s) is insufficient to fund the decommissioning activities fully, the department may seek reimbursement from the designated operator or any responsible party for funds expended by the department to complete decommissioning activities. D. The department may seek to recover any additional costs incurred by the department and any other relief from the current and any prior designated operator, responsible party, or both pursuant to any applicable laws, regulations, or orders by a court of competent jurisdiction. E. At the time of decommissioning, the designated operator and responsible parties are jointly and severally liable for compliance with all obligations and provisions of the decommissioning plan. F. The landowner will be considered a responsible party and subject to Subsections (C) and (D) only in the event that the landowner, who entered into a lease or other contractual agreement(s), calls upon the financial security instrument that names the landowner as the beneficiary and does not decommission the facility in accordance with the requirements of this Chapter. A landowner’s liability under this Section shall be limited to the amount of funds received by the landowner from the surety providing the financial security.