1 / 19

The LDEQ BEP Process

The LDEQ BEP Process. Presentation to. The 2008 Statewide Clean Cities Coalition Conference. CHERYL EASLEY LDEQ - Office of Environmental Compliance MARCH 28,2008. WHAT IS A BEP?.

kamana
Download Presentation

The LDEQ BEP Process

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The LDEQ BEP Process Presentation to The 2008 Statewide Clean Cities Coalition Conference CHERYL EASLEY LDEQ - Office of Environmental Compliance MARCH 28,2008

  2. WHAT IS A BEP? • BENEFICIAL ENVIRONMENTAL PROJECT (BEP) – a project that provides for environmental mitigation which the defendant/respondent is not otherwise legally required to perform, but which the defendant/respondent agrees to undertake as a component of a settlement of violation(s) or penalty assessment.

  3. BENEFICIAL ENVIRONMENTAL PROJECTS: The Beginning

  4. BEP History • promulgated as the result of the Attorney General’s questions regarding the Department's authority to conduct settlements with BEPs. • promulgated in the 1999 legislative session (La. R.S. 2050.7.E).

  5. BEP History • The Department prepared an emergency BEP regulation on March 10, 2000. • The regulation became final on August 20, 2000 (LAC 33:I.Chapter 25).

  6. BENEFICIAL ENVIRONMENTAL PROJECTS: The Rule

  7. BEP RULE • The Department must submit an annual report to the Legislature regarding settlements with BEP components. • All settlement agreements with BEPs are tracked to assure that the BEPs are implemented and completed.

  8. BEP RULE • Although the Department will consider BEPs in settlements of violations and penalties, not all settlements contain BEPs. • BEPs are just a part of the settlements along with cash penalties. • BEPs are not mandatory!!!!!!!

  9. BEP RULE • BEP Categories - LAC 33:I.Chapter 25 • Public Health; • Pollution Prevention; • Pollution Reduction; • Environmental Restoration and Protection; • Assessment and Audits; • Environmental Compliance Promotion; • Emergency Planning, Preparedness, and Response; and • Other Projects

  10. BENEFICIAL ENVIRONMENTAL PROJECTS: The Process

  11. Settlement is Signed a second time by the Asst. Secretary (Final Settlement) Violations Discovered or Self-Disclosed Violations Cited in a Formal Enforcement Action (NOPP or CONOPP) Settlement is sent to AGs Office for concurrence (90 days) Settlement is Posted On DEQ Website and Public Noticed (45 days) After 10 days, the Department may issue a Penalty Assessment Company Agrees to Terms (Signs Settlement) Company Proposes A Settlement Asst. Secretary Agrees to Terms (Initial Approval) Terms of the Settlement Are Negotiated (BEPs?) The LDEQ Settlement Process

  12. Proposed Settlements 2003-2007

  13. BENEFICIAL ENVIRONMENTAL PROJECTS: Closing Thoughts

  14. Examples of BEPs

  15. Advantages of BEP Funding • Funding is not limited. • Submitting a suggestion is easy. • Improving the environment is the goal.

  16. Disadvantages of BEP Funding • Timing/Scheduling • Approval Process • BEPs are not mandatory!!!!!

  17. LDEQ BEP INFORMATION http://www.deq.louisiana.gov/portal/tabid/2206/Default.aspx SUGGEST A BEP http://www.deq.louisiana.gov/portal/tabid/2207/Default.aspx

More Related