Terms Used In Louisiana Revised Statutes 30:2075.1

  • Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
  • Discharge: means the placing, releasing, spilling, percolating, draining, pumping, leaking, seeping, emitting, or other escaping of pollutants into the air, waters, subsurface water, or ground as the result of a prior act or omission; or the placing of pollutants into pits, drums, barrels, or similar containers under conditions and circumstances that leaking, seeping, draining, or escaping of the pollutants can be reasonably anticipated. See Louisiana Revised Statutes 30:2004
  • Waters of the state: means both the surface and underground waters within the state of Louisiana including all rivers, streams, lakes, groundwaters, and all other water courses and waters within the confines of the state, and all bordering waters and the Gulf of Mexico. See Louisiana Revised Statutes 30:2073

           A. The legislature finds and declares that discharges of substances into the waters of the state have damaged and endangered the Louisiana molluscan shellfish industry and have increased the costs of molluscan regulation and sanitation in the state, and that it is in the best interests of the state to impose a surcharge on discharges permitted or licensed pursuant to La. Rev. Stat. 30:2075.

           B. A surcharge at a flat rate of twenty percent of the department imposed permit fee, with a maximum of one hundred fifty dollars, shall be added to the fee for each water discharge permit issued pursuant to La. Rev. Stat. 30:2075 for discharges in the Atchafalaya, Terrebonne, Barataria, Lake Pontchartrain, and Mississippi River water quality management basins as defined by the department Water Quality Management Basin Plans.

           C. The proceeds of the surcharge authorized in Subsection B of this Section shall be deposited into the Oyster Sanitation Dedicated Fund Account, established in La. Rev. Stat. 40:5.10.

           D. Nothing in this Section shall be construed to modify the rules adopted pursuant to this Subtitle.

           Acts 1993, No. 911, §1, eff. June 23, 1993; Acts 2021, No. 114, §18, eff. July 1, 2022.