LAC 33:V.10117. Failure to Report: Penalties

A. Failure to report any regulated material on a Tier Two Inventory form, as provided in these rules and under the authority of R.S. 30:2361-2380, may result in the levying of civil penalties up to $25,000 for each regulated hazardous material not reported and/or for each non-reported release or incident involving a regulated hazardous material. B. The burden of proof shall be on the owner or operator of a facility to show that the failure to report a hazardous material or release was inadvertent. C. Small businesses, as defined by these rules, which have any omission from the inventory reporting forms will receive, on first offense, a warning rather than a civil penalty. D. Careless Handling of a Hazardous Material 1. R.S. 30:2373(D)(1). Any person who handles, stores, or otherwise maintains a hazardous material regulated by this Chapter in a negligent or unreasonable manner without regard for the hazards of the material and causes a significant impact to public health and safety as a result of a reportable release of a hazardous material shall be in violation of this Subsection. 2. R.S. 30:2373(D)(2) provides that for any person, owner, operator, or facility that violates R.S. 30:2373(D) the department may levy a civil penalty not to exceed $10,000 per violation. E. Reckless Handling of a Hazardous Material 1. R.S. 30:2373.E.(1) provides that no person shall intentionally handle, store, or otherwise maintain any hazardous material regulated by the Right-to-Know Law in a manner which endangers human life. 2. R.S. 30:2373.E.(2) provides that any person, owner, operator, or facility that willfully violates R.S. 30:2373.E may be assessed a civil penalty by the department not to exceed $25,000 per violation per day or upon first conviction shall be fined not more than $500 or imprisoned for not more than six months, or both. Upon second or subsequent conviction of a violation of R.S. 30:2373.E.(1), said person, owner, operator, or facility shall be fined not less than $500 nor more than $10,000 or imprisoned with or without hard labor for not less than six months nor more than 10 years. F. Intentional Failure to Report a Hazardous Material Release or Incident 1. R.S. 30:2373.C.(3) provides that for owners and operators who knowingly fail to report a reportable release of a hazardous material regulated by the Right-to-Know Law the department may assess a civil penalty not to exceed $25,000 per violation per day.