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Angela Marse, Manager Wayne Slater, Environmental Scientist Enforcement Division September 30, 2013
Tools for Environmental Compliance and Your MS4
Program
Presented to:
Office of Environmental Compliance
The Mission of the Office Environmental Compliance is to ensure the public and occupational welfare of the people and environmental resources of Louisiana by…issuing sound enforcement actions.
Tools for Compliance • Enforcement Actions • Beneficial Use Projects (BEPs) • Settlement Agreements • Expedited Penalty Agreements • Compliance Assistance Training
– SWAT/UST classes – NetDMR – MSAP
“Traditional” Enforcement Tools
• Compliance Order (CO) • Consolidated Compliance Order and
Notice of Potential Penalty (CONOPP)
• Penalty Assessment (PA) • Administrative Order (AO)
Alternative Enforcement Tools
• Settlement Agreements • Beneficial Use Projects (BEPs) • Expedited Penalty Agreements • Compliance Assistance Training
The Enforcement Process
Where do cases originate?
• Referrals – Inspections Division – Env. Technology Division – Remediation Division – Permits Division
• PCU/File Reviews • Self-Reported Violations
The Enforcement Process • The case is reviewed for evidence
of a violation • The nine factors are considered to
determine need for a penalty assessment
• An action is prepared that is appropriate to violation type and severity
• Legal/Executive review • Action is issued • Submittal of a written report and/
or hearing request deadlines begin
Goals of Enforcement
Enforcement and the MS4 Program • The permittee must develop
measurable goals and milestones for each required element
• The municipality must develop appropriate ordinances or regulatory mechanisms to enforce storm water rules
• The permittee must develop an SWPPP with specific milestones
• Annual Reports must be submitted to LDEQ
Expedited Penalty Agreements
– Expedited enforcement for minor and moderate violations.
– Not to exceed $1,500 for one/$3,000 for two or more violations.
– Not subject to Legal review. – Voluntary– the Respondent may choose to
proceed to the traditional enforcement process.
MS4-XP Examples (LAC 33:I.807 et seq.)
VIOLATION AMOUNT
Failure to submit certain reports as required by any LPDES permit…including… storm water reports, pretreatment reports, biomonitoring reports, overflow reports, construction schedule progress reports...
$300/required submittal
Failure to prepare and/or implement any portion or portions of a Storm Water Pollution Prevention Plan, a Pollution Prevention Plan, or a Best Management Practices Plan as required by any LPDES permit
$500/occurrence
PART I: CITED VIOLATION(S) PART III: PENALTY AGREEMENT
ENFORCEMENT TRACKING NO. WE-XP-13- The Louisiana Department of Environmental Quality (DEQ) offers this Expedited Penalty Agreement in order to quickly settle the violation(s) cited in Part I of this document subject to the following terms and conditions: By signing below, the Respondent certifies, under civil and criminal penalties, that the violation(s) cited in Part I of this document has been corrected. The Respondent has enclosed a check for :
AGENCY INTEREST NO.
ACTIVITY NO.
ALTERNATE ID NO.
AT: Parish Council
Municipal Separate Storm Sewer System (MS4)
LA PARISH:
FACILITY NAME/ PHYSICAL ADDRESS $1,700.00 RESPONDENT: Parish Council
This payment represents the full penalty amount, as assessed in Part I of this document. If the Respondent has corrected the violation(s) listed in Part I of this document in a timely manner, DEQ will take no further action against the Respondent. DEQ does not waive any enforcement action taken by the United States Environmental Protection Agency, any local agency, or any Indian tribe, for any other past, present, or future violations of the Louisiana Administrative Code, Title 33 requirements or any other violations under any statute not described in Part I of this document. Upon final DEQ approval of this Expedited Penalty Agreement, the Respondent waives the opportunity for an adjudicatory hearing pursuant to La. R.S. 30:2050.4. Respondent may reject this agreement and retain the right to a hearing on any penalty that the Department may assess. This Expedited Penalty Agreement is binding on the DEQ and the Respondent. By signing below, the Respondent waives any objection to DEQ's jurisdiction with respect to this Expedited Penalty Agreement, and consents to the DEQ's final approval without further notice. This Expedited Penalty Agreement is effective upon DEQ's final approval below. Upon final approval, the DEQ shall mail a copy of the approved Expedited Penalty Agreement to the Respondent. Pursuant to LAC 33:I.805.B, the Assistant Secretary of the Office of Environmental Compliance, at his sole discretion, can propose this Expedited Penalty Agreement.
c/o Parish President
RESPONDENT/MAILING ADDRESS
An authorized representative of the Louisiana Department of Environmental Quality (DEQ) inspected the abovementioned facility or conducted a file review of the facility to determine compliance with regulations promulgated under the Louisiana Administrative Code, Title 33 requirements. Listed below are the State regulatory citations and the proposed penalty amounts for the violation(s) identified during the inspection and/or file review.
Date/Citation Description Penalty
August 25, 2013 The Respondent failed to submit MS4 Annual Reports to the Department for the following years: 2009, 2010, 2011, and 2012.
$1,200.00
LAC 33:IX.2701.A
August 25, 2013 The Respondent failed to prepare and/or implement a Storm Water Management Plan (SWMP) as required by the permit.
$500.00
LAC 33:IX.2701.A
MS4 Guidance
• http://www.deq.louisiana.gov
• DIVISIONS/WaterPermits • LPDESPermits/ • StormwaterInformation
Future Trends…
Municipalities can be a part of the enforcement solution by offering a commitment to clean water and ultimately a better quality of life for their citizens.
Contact Information
Angela Marse 225-219-3931 [email protected] Wayne Slater 225-219-3729 [email protected]
