LAC 33:I.7005. Definitions

A. The following terms used in this Chapter shall have the meanings listed below, unless the context otherwise requires, or unless specifically redefined in a particular Section. Audit or Environmental Audit—a systematic voluntary evaluation, review, or assessment of compliance with environmental statutes, regulations, permits, and/or permit requirements. Audit Report or Environmental Audit Report—the documented analyses, conclusions, and recommendations resulting from an environmental audit. Date of Discovery or Discovery—when the owner or operator of a facility has an objectively reasonable basis for believing a violation has, or may have occurred. Department—the Louisiana Department of Environmental Quality. Disclosure of Violation or Disclosure—written notification via the department’s approved form by the owner or operator related to violations discovered during the course of an audit. EPA—the United States Environmental Protection Agency. Owner or Operator—any person(s) who owns, leases, operates, controls, or supervises a facility, building, structure, or installation. Pattern—a series of violations that are due to separate and distinct events within a three year period at the same facility or unit/process. Person—any individual, municipality, public or private corporation, partnership, firm, the United States government and any agent or subdivision thereof, or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. Same or Closely Related Violation—a violation that is part of a pattern of noncompliance. Subtitle—the Louisiana Environmental Quality Act. Systematic Discovery—the detection of a potential violation through an environmental audit. Violation—noncompliance with a requirement of a statute, regulation, permit, judicial or administrative order, or consent agreement.