Louisiana § RS 30:2351.25 - Enforcement

§ RS 30:2351.25. Enforcement

A.  No person shall cause, suffer, permit, or allow a lead hazard reduction activity to be performed in violation of a provision of this Chapter or regulations promulgated under it.  In addition, no person shall cause, suffer, permit, or allow the performance of any acts or operations in violation of any orders issued by the secretary pursuant to this Chapter and regulations promulgated under it.

B.  The secretary shall have the power to issue an order requiring compliance with this Chapter or regulations promulgated under it.  An order shall be served personally or by certified mail at the last known address of the persons violating the provisions of this Chapter or regulations promulgated pursuant thereto.  In cases of a violation of lead hazard reduction activity standards, a copy of the order shall also be served personally or by certified mail at the last known address upon the registered property owner and shall be posted on the premises.

C.  Where the secretary determines that a hazardous condition exists due to the failure to comply with the provisions of this Chapter and regulations promulgated under it, the secretary, in addition to invoking other sanctions available, may invoke any of the following remedies:

(1)  Issue an order to immediately correct the hazardous condition and to cease any other abatement activities until the condition is corrected.

(2)  Remove any workers, except those needed to abate the hazard, from the project work area until the condition is corrected in order to prevent further project activity.

(3)  Evacuate appropriate portions of the site and vicinity until the condition is corrected.

(4)  Certify the existence of a nuisance per se, and abate and remove the violation or contract for its cleanup and removal, charge the cost of the cleanup and removal to the person responsible for the hazardous condition, and collect the cost by lien or any other means as may be authorized by law.

(5)  Apply to an appropriate court for relief by injunction or restraining order against any person responsible for the hazardous condition.

D.  In addition to the sanctions or remedial orders provided in this Section, a person who either fails to comply with the requirements of this Chapter and regulations promulgated under it, or fails to obey an order issued by the secretary, may be subject to any of the following penalties:

(1)  Suspension or revocation, or both, of permits issued under the provisions of this Chapter.

(2)  Imposition of a civil administrative penalty of not more than one thousand dollars for the first offense, not more than five thousand dollars for the second offense, and not more than ten thousand dollars for the third and each subsequent offense.

(3)  Imprisonment for a period of up to ninety days.

(4)  Suspension or revocation of licenses issued under the provisions of this Chapter.

(5)  Issuance of an order to cease any lead-contaminated waste project activity immediately.

(6)  Initiation of legal action or proceedings in a court of competent jurisdiction.

E.  Each day a violation continues to exist shall constitute an additional, separate, and distinct violation for which a separate penalty shall be imposed.

Acts 1993, No. 224, §1.