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The LDEQ BEP Process

The LDEQ BEP Process. Presentation to. The 2007 Statewide Clean Cities Conference. Jeffrey T. Nolan LDEQ - Office of Environmental Compliance January 26, 2007. BENEFICIAL ENVIRONMENTAL PROJECTS: The Beginning. BEP History.

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The LDEQ BEP Process

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  1. The LDEQ BEP Process Presentation to The 2007 Statewide Clean Cities Conference Jeffrey T. Nolan LDEQ - Office of Environmental Compliance January 26, 2007

  2. BENEFICIAL ENVIRONMENTAL PROJECTS: The Beginning

  3. 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).

  4. 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).

  5. BENEFICIAL ENVIRONMENTAL PROJECTS: The Rule

  6. 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.

  7. 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!!!!!!!

  8. 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

  9. BENEFICIAL ENVIRONMENTAL PROJECTS: The Process

  10. 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

  11. Proposed Settlements 2003-2006

  12. BENEFICIAL ENVIRONMENTAL PROJECTS: Closing Thoughts

  13. Examples of BEPs

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

  15. Disadvantages of BEP Funding • Timing/Scheduling • There is no BEP BANK!!!!! • Approval Process • BEPs are not mandatory!!!!! • Usually a one-time shot

  16. 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

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