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I.EXECUTIVE ORDERS - page 312 / 359

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EXPEDITED PENALTIES

SOLID WASTE

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EXPEDITED PENALTIES

SOLID WASTE—Waste Tires

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EXPEDITED PENALTIES

WATER QUALITY

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EXPEDITED PENALTIES

UNDERGROUND STORAGE TANKS

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AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2025(D).

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 32:2243 (December 2006), amended by the Office of the Secretary, Legal Affairs Division, LR 34:1393 (July 2008), LR 35:

This proposed rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972.

A public hearing will be held on November 25, 2008, at 1:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. Interested persons are invited to attend and submit oral comments on the proposed amendments. Should individuals with a disability need an accommodation in order to participate, contact Christopher A. Ratcliff, at the address given below or at (225) 219-3471. Two hours of free parking are allowed in the Galvez Garage with a validated parking ticket.

All interested persons are invited to submit written comments on the proposed regulation. Persons commenting should reference this proposed regulation by OS081. Such comments must be received no later than December 2, 2008, at 4:30 p.m., and should be sent to Christopher A. Ratcliff, Office of the Secretary, Legal Affairs Division, Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 219-3398 or by e-mail to chris.ratcliff@la.gov. Copies of this proposed regulation can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. Check or money order is

required in advance for each copy of OS081. This regulation is available on the Internet at www.deq.louisiana.gov/portal/tabid/1669/default.aspx.

This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 111 New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 645 N. Lotus Drive, Suite C, Mandeville, LA 70471.

Herman Robinson, CPM

Executive Counsel

FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE:  Expedited Penalties for Asbestos and Lead

I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

The proposed rule will enhance the current program with no additional state cost. The Expedited Penalty Agreement Program has produced a significant decrease in the backlog of enforcement action referrals for the categories of violations that it covers. Many prior enforcement referrals for minor and moderate violations had not been addressed in a timely manner due to more complex enforcement issues taking precedence. The ability to address the additional classes of violations with expedited penalty agreements that are provided for in this proposed rule will result in savings in staff time and paperwork. The impact of potential additional penalties that may be incurred by local government due to expedited penalties is relatively small. The expedited enforcement process benefits regulated entities by reducing staff time and cost due to reductions in paperwork and legal fees addressing formal enforcement actions, thereby making more funds and staff time available for complying with environmental rules.

II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

The violations being added to the Expedited Penalty Agreement Program by the proposed rule do not impose high-value penalties and, experience has shown, will have a higher rate of collection as a result of the Expedited Penalty Agreement Program. Therefore, there will be a minimal increase in revenue to the department.

III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

No new costs will occur as a result of this proposed rule. The expedited enforcement process benefits regulated entities by reducing staff time in paperwork response and legal fees addressing formal enforcement actions for minor violations.

IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

No effect on competition or employment will result from this proposed rule.

Herman Robinson, CPM

H. Gordon Monk

Executive Counsel

Legislative Fiscal Officer

0810#076

Legislative Fiscal Office

NOTICE OF INTENT

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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