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Louisiana SIP: LAC 33:III Ch. 1 Section 107. Procedure for Handling Investigations, Complaints and Confidentiality; SIP effective 1989-05-08 (LAc49)

Regulatory Text: 
Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III)

Chapter 1.  General Provisions

Section 107. Investigations-Authority
Approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89.

   Pursuant to the provisions of La. R.S. 30:1061, the administrative  authority shall make such investigations as are necessary and proper to carry out the purposes of the Louisiana Environmental Quality Act and in connection therewith:

   A.  Private Conference Method. In the event that compliance is achieved as a result of private conference, conciliation or persuasion, a notice, in writing, to that effect shall be sent by the administrative authority to the owner or operator of such claimed violating source. In the event that the administrative authority determines after said private conference that no violation exists the  administrative authority shall send a notice in writing to that effect to said owner or operator of said claimed violating source within 30 days.

   B.  Complaints to be Sent by Registered Mail. All such complaints and notices called for by La. R.S. 30:1073 shall be sent by certified or registered mail addressed to the person who represented the alleged violator in said private conference; or, if the alleged violator is a corporation, addressed to its registered agent for service of process.

   C.  Investigations to be Made Only for Written Complaints. Any investigations made by the administrative authority pursuant to La. R.S. 30:1073(A) upon receipt of information concerning an alleged violation shall be made only upon receipt by the administrative  authority of written complaint of a violation of the Louisiana Environmental Quality Act or any of these rules and regulations.

   D.  If Investigation Reveals No Violation. In the event that any investigation reveals that no violation of the Louisiana Environmental Quality Act or of these rules and regulations is found to exist, the administrative authority shall advise the complaining person and the person complained against of this fact.

   E.  Confidentiality of Information. Any information relating to  proprietary processes or method of manufacture or production obtained  by the administrative authority shall be kept confidential.  In the event any such process or method of manufacture or production is involved in any hearing, testimony regarding such process or method of manufacture or production shall not be made a part of the transcript of said hearing. Emission data shall not be considered confidential for the purpose of  this regulation.

   AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084.
   HISTORICAL NOTE:  Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division in LR 13:741 (December 1987).

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