LAC 33:I.7007. Exclusions

A. Violations that are not eligible for relief under this program shall include, but not be limited to violations: 1. that result in serious actual harm to the environment including those reported in accordance with LAC 33:I.Chapter 39; 2. that may present an imminent or substantial endangerment to the environment or public health including those reported in accordance with LAC 33:I.Chapter 39; 3. discovered by the department or EPA prior to written disclosure of the violation to the department; 4. detected through monitoring, sampling, or auditing procedures that are required by statute, regulation, permit, judicial or administrative order, or consent agreement; 5. subject to the chemical accident prevention provisions of 40 CFR Part 68 and LAC 33:III.5901; 6. that are deliberate or intentional; or 7. that are the same or closely related at the same facility within the past three years. B. An employee of the department shall not request, review, or otherwise use an environmental audit report during a department inspection of a facility. C. The department reserves the right to take enforcement action with respect to a violation that: 1. is excluded under LAC 33:I.7007.A; 2. is not properly or adequately disclosed and/or corrected in accordance with this Chapter; or 3. is determined to not be eligible for penalty mitigation. D. Participation in the environmental voluntary self-audit program shall not prohibit the department from conducting any inspections and/or investigations authorized by environmental statutes, regulations, or other obligations.