A. The purpose of these "Accompanying Guidelines to the Civil Penalty Assessment Rule" (Chapter 7 of this Part) are as follows.
- 1. This rule is intended to provide guidance for Safe Drinking Water Program staff in making recommendations to the state health officer regarding the exact penalty assessment amounts for the seriousness of the violation(s) and the culpability of the owner and/or operator when it has been determined that a public water system has failed to comply with the directives of an administrative order.
- 2. Additionally, guidance relative to determining mitigated penalty amounts are also contained herein. Such mitigation guidance is applicable irrespective of the method used in the calculation of penalties, i.e., irrespective of whether §505.B.1 or 2 of the "Civil Penalty Assessment Rule" (Chapter 5 of this Part) was used.
Authority Note
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:5.9 (A)(4).
Historical Note
HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1331 (June 2002).