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LDEQ Issues Second Amended COVID-19 Emergency Declaration and Administrative Order

On March 27, 2020, the Louisiana Department of Environmental Quality (LDEQ) issued its Second Amended Emergency Declaration and Administrative Order, which supersedes its two previous declarations and orders issued on March 19 and 20, 2020. Both of these declarations and orders were addressed in our previous blog entry titled LDEQ Issued COVID-19 Declaration and Administrative Order.

This second amended declaration and order maintains the same information found in the previous declarations and orders but adds the following:

  • Late fees for outstanding invoices beginning March 19, 2020, until the expiration of this Order will not be assessed. The resumption of late fees will begin when declared by the LDEQ Secretary.

  • Late waste tire report or payment fees will be not be assessed for the February 2020 (due 3/20/2020) or March 2020 (due 4/20/2020) reports. However, waste tire generators shall continue to submit monthly waste tire reports by the 20th of the month following the month in which tires were sold.

  • Electronic submittals of Motor Fuel Trust Fund Eligibility and Reimbursement applications for the duration of this Order is acceptable. However, hard copies must be submitted within 30 days of the expiration of this Order; failure to do so may result in LDEQ seeking recovery of any reimbursements made pursuant to the electronic submittal.

  • The extension of time to conduct and report certain monitoring activities required by permits, regulations, other authorizations, enforcement actions, or settlement agreements except for monitoring required by air permits under Title IV and V is maintained, but this Order also excludes monitoring required under “any other federal Clean Air Act Requirement” from this extension.

  • Title V semiannual monitoring and deviation reports and annual compliance certifications due dates are now extended from March 31, 2020, to May 1, 2020. However, LDEQ still will accept reports submitted before March 31, 2020.

  • This Order also includes a provision that any reports required to be submitted to the Environmental Protection Agency (EPA) should be submitted in accordance with COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program, issued on March 26, 2020. This EPA instruction was covered in our previous blog entry EPA Exercises Enforcement Discretion in Response to COVID-19 Pandemic.

  • This Order expires at midnight on April 25, 2020, unless modified or extended.

© 2020 Jones Walker LLP

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About this Author

Alex Prochanska, Jones Walker Law Firm, Business and Real Estate Attorney
Special Counsel

Alex Prochaska is special counsel in the firm’s Business & Commercial Transactions and Real Estate Practice Groups in the Lafayette and Baton Rouge offices. Mr. Prochaska’s practice focuses on environmental law, including regulatory issues involving permitting and compliance, transactions, and environmental litigation.

Prior to joining Jones Walker, Mr. Prochaska spent six years as an attorney with the Louisiana Department of Environmental Quality (LDEQ) with the last two as Special Counsel to the Assistant Secretary of the Office of...

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Stanley Millan, Litigation Attorney, Jones Walker Law Firm
Special Counsel

Stan Millan is a member of the firm's Business & Commercial Litigation Practice Group, and he divides his practice between transactional and litigation work. His practice consists of environmental law, administrative law, green and government contracts law. He is LEED® AP-certified by the U.S. Green Building Council. Mr. Millan's practice extends to the entire panoply of air, water, and waste regulation, including compliance counseling and defense before the U.S. Environmental Protection Agency (EPA), the Louisiana Department of Environmental Quality (LDEQ), and courts. His practice also includes endangered species and wetland regulation, dealing with the EPA, the U.S. Army Corps of Engineers, the LDEQ, the Louisiana Department of Natural Resources (LDNR), and the U.S. Fish and Wildlife Service. His government contracts work includes small business issues, bid protests, contract dispute claims, and negotiations of equitable adjustments.

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