LAC 33:I.7009. Program Scope

A. Procedures for Conducting Voluntary Environmental Self-Audits 1. Notice of Audit a. The owner or operator shall notify the department prior to initiating a voluntary environmental audit in order to qualify for penalty mitigation. b. The owner or operator shall use the department’s most current version of the approved notice of audit form located on the department’s public website. c. A notice of audit shall be submitted in writing by certified mail or other means approved by the department. d. The department shall acknowledge receipt of the notice of audit in writing. The owner or operator may initiate an audit prior to receiving the acknowledgement in writing. e. The department may request additional information to satisfy any incomplete notice of audit forms. f. The owner or operator shall notify the department in writing if an approved audit will not be conducted or completed. 2. Disclosure of Violation(s) a. The disclosure of violation(s) shall be submitted by the owner or operator no later than 30 calendar days after the end of the audit period. The violation(s) shall be properly disclosed and reported to the department by certified mail, or other means approved by the department, in order to qualify for penalty mitigation. b. The owner or operator shall use the department’s most current version of the approved disclosure of violation(s) form located on the department’s public website. c. The disclosure of violation shall include corrective actions, if applicable. d. The department shall acknowledge receipt of the disclosure of violation in writing. 3. An environmental audit shall be completed within a reasonable time, not to exceed six months from the audit commencement date reported in the notice of audit form, unless the department grants an extension of time. 4. The department shall document the official end of audit period in writing to the owner or operator. B. Requests for Extension of Time 1. Requirements for Request for Extension of Time a. If an audit cannot be completed within six months after the audit commencement date, a request for extension of time shall be submitted in writing at least 30 calendar days prior to the expiration of the audit period with sufficient information to justify an extension. The department shall review the request for extension and grant or deny the request in writing. An approved extension shall only apply to the time/duration of the audit. b. The department may grant an extension up to 180 calendar days. The owner or operator shall include the amount of additional time being requested in the written request. Extensions shall not be utilized as uninterrupted or continuous environmental audits. C. Corrective Actions 1. Corrective actions shall be completed within 90 calendar days from the date of discovery of the violation unless a specific period is required by statute, regulation, permit requirement or as provided in 7009.C.1.b. a. Corrective actions shall include detailed actions implemented, or to be implemented, to prevent recurrence of the violation and a scheduled date of completion. All completed corrective actions shall be evaluated by the department. The owner or operator shall submit a revised disclosure of violation if the proposed corrective actions change. b. Monthly progress reports documenting implementation of corrective actions that will take longer than 90 calendar days to complete shall be submitted to the department until completion of the corrective actions. The progress report shall be postmarked by the 15 day following the completion of the preceding calendar quarter. c. A final written report shall be submitted to the department within 30 calendar days after completion of the audit or completion of all corrective actions, whichever is later. The final written report shall include, but not be limited, to: i. notice of audit; ii. disclosure of violation(s); and iii. certification of completion of all corrective actions, which shall also include any actions implemented to prevent recurrence of the violation. d. Failure to notify, implement, and/or complete all corrective actions shall be considered a violation and may be subject to the appropriate enforcement action. D. Retention of Environmental Audit Report 1. The complete environmental audit report should not be submitted to the department unless specifically requested by the department in writing. 2. The complete environmental audit report shall be maintained on-site or in an accessible location for a period of five years after completion of the audit. E. Penalty Mitigation 1. The owner or operator shall receive a 100 percent reduction in civil penalties for each disclosed violation that meets the following nine conditions. a. The violation was systematically discovered through an environmental audit. b. The violation was voluntarily discovered. The violation was not discovered through a federal, state, or local requirement prescribed by statute, regulation, permit, judicial or administrative order, or a consent agreement. c. The violation was disclosed to the department in writing no later than 30 calendar days after the end of the audit period, unless an existing law or regulation requires disclosure sooner or as provided in 7009.E.1.d. d. The violation was independently discovered. Discovery of a violation will be presumed to be independent if such discovery occurs prior to, and is disclosed to the department within 72 hours following any of the circumstances below. i. notice to the owner or operator of an inspection by the department. ii. notice to the owner or operator of a threatened citizen suit, third party complaint, or whistleblower complaint filed with the department and relating to the alleged violation. iii. receipt by the owner or operator of a written information request by the department relating to the subject matter of the violation. e. The violation was corrected as expeditiously as possible, but no later than 90 calendar days from the date of discovery, or as allowed under 7009.C.1.b. f. The appropriate measure(s) to prevent a recurrence of the violation was implemented after the violation was disclosed. g. The same or closely related violation has not occurred at the same facility within the past three years. h. The violation is not excluded as listed in LAC 33:I.7007.A. i. The owner or operator has cooperated by providing information as required by the department to determine eligibility. 2. The owner or operator shall receive a 75 percent reduction in civil penalties for any disclosed violation if all of the conditions in LAC 33:I.7009.E.1 are met except systematic discovery. 3. Failure to meet the required conditions in LAC 33:I.7009.E shall result in ineligibility for penalty reduction and may be subject to the appropriate enforcement action. 4. LAC 33:7009.E.1.d shall not prohibit the department from conducting any inspections and/or investigations as provided in LAC 33:I.7007.D. 5. The department reserves the right to collect any monetary benefits realized through noncompliance. 6. The department shall issue a written determination for penalty mitigation. F. Confidentiality 1. Disclosure of violation(s) or other documentation containing the results of a voluntary environmental self-audit authorized by R.S. 30:2044 shall be held confidential by the department, and be withheld from public disclosure until a final decision is made, or a period not to exceed two years from the receipt of the initial disclosure of violation, whichever occurs first. Any final decision made by the department shall be public and published on the department’s website. However, nothing in this Paragraph shall prohibit a request for confidentiality pursuant to R.S. 30:2030(1)(b). Information that is required to be reported to a state or federal agency by statute, regulation, or permit, including but not limited to, notifications required by R.S. 30:2025(J), 30:2060(H), 30:2076(D), 30:2183(I), and 30:2204(A) shall not be held confidential. 2. All requests for confidentiality shall be submitted in accordance with LAC 33:I.Chapter 5.