The LDEQ BEP Process
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The LDEQ BEP Process The LDEQ BEP Process CHERYL EASLEY CHERYL EASLEY LDEQ - Office of Environmental LDEQ - Office of Environmental Compliance Compliance MARCH 28,2008 MARCH 28,2008 Presentation to The 2008 Statewide Clean Cities The 2008 Statewide Clean Cities Coalition Conference Coalition Conference
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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?. - PowerPoint PPT Presentation
Transcript of The LDEQ BEP Process
The LDEQ BEP ProcessThe LDEQ BEP ProcessThe LDEQ BEP ProcessThe LDEQ BEP Process
CHERYL EASLEYCHERYL EASLEYLDEQ - Office of Environmental LDEQ - Office of Environmental
ComplianceCompliance
MARCH 28,2008MARCH 28,2008
Presentation to
The 2008 Statewide Clean Cities Coalition The 2008 Statewide Clean Cities Coalition ConferenceConference
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.
BENEFICIAL ENVIRONMENTAL BENEFICIAL ENVIRONMENTAL PROJECTS: The BeginningPROJECTS: The Beginning
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).
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).
BENEFICIAL ENVIRONMENTAL BENEFICIAL ENVIRONMENTAL PROJECTS: The RulePROJECTS: The Rule
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.
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!!!!!!!
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
BENEFICIAL ENVIRONMENTAL BENEFICIAL ENVIRONMENTAL PROJECTS: The ProcessPROJECTS: The Process
Settlement is Posted On DEQ Website and
Public Noticed (45 days)
Terms of the Settlement Are Negotiated (BEPs?)
Asst. Secretary Agreesto Terms
(Initial Approval)
Company Agreesto Terms
(Signs Settlement)
Violations Discoveredor Self-Disclosed
After 10 days, the Department may issue a Penalty Assessment
Company Proposes A Settlement
Violations Cited in a Formal Enforcement Action
(NOPP or CONOPP)
The LDEQ Settlement ProcessThe LDEQ Settlement Process
Settlement is Signed a second time by the Asst. Secretary
(Final Settlement)
Settlement is sent toAGs Office for
concurrence (90 days)
Proposed Settlements 2003-2007
BENEFICIAL ENVIRONMENTAL BENEFICIAL ENVIRONMENTAL PROJECTS: Closing ThoughtsPROJECTS: Closing Thoughts
CompanyCompany AmountAmount DateDate DescriptionDescription
CoCo Resources, Inc.
$20,000 10/30/06 Donation of cleaning supplies to government agencies or parishes affected by either Hurricanes Katrina or Rita or parishes that are in need due to some other natural disaster.
Enterprise Gas Processing, L.L.C.
$25,000 2/15/08 Donation to St. Bernard Parish Government to assist in the repair of fire station # 10 in the Town of Verret.
Lamp Recyclers of Louisiana, Inc.
$43,056.70 8/21/07 Provide labor and equipment to the American Red Cross to help transport materials within the state; provide services free of charge for household hazardous waste events; one time pick up of fluorescent lamps from the St. Tammany School Board.
Examples of BEPs
Advantages of BEP Funding
1)1) Funding is not limited.Funding is not limited.
2)2) Submitting a suggestion is easy.Submitting a suggestion is easy.
3)3) Improving the environment is the goal.Improving the environment is the goal.
Disadvantages of BEP Funding
1)1) Timing/SchedulingTiming/Scheduling
2)2) Approval Process Approval Process
3)3) BEPs are not mandatory!!!!!BEPs are not mandatory!!!!!
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
