Want to Propose a Beneficial Environmental Project?
Welcome to the Beneficial Environmental Projects ( BEPs) Citizens' Listing. The purpose of this listing is to encourage public participation by allowing citizens to suggest BEP ideas for future consideration. Proposed BEP ideas are subject to review by the Department and must meet the requirements of the BEP regulations outlined in LAC 33 :I Chapter 25.
A BEP is defined as 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 a violation(s) or penalty assessment. The defendants/respondents are usually industrial or municipal facilities that have been issued an enforcement action by the Louisiana Department of Environmental Quality (the Department) for violating state environmental laws and regulations. Enforcement actions issued by the Department require the defendant/respondent to mitigate any environmental damages resulting from a violation.
The BEP regulations apply only when the Department has decided to enter into a settlement in which a BEP will be utilized. The decision to enter into a settlement that includes a BEP is solely within the discretion of the Department. The regulations do not require that the Department enter into a settlement or that the settlement include BEPs. Selection of a BEP as a component of a settlement agreement is voluntary. Respondent/defendants are not obligated to perform a BEP to settle enforcement actions. Respondent/defendants are free to select any BEP that meets the requirements set forth in the regulations.
Project categories for BEPs include public health, pollution prevention, pollution reduction, environmental restoration and protection, assessments and audits, environmental compliance promotion, and emergency planning, preparedness and response. Other projects may be considered if the Department determines that these projects have environmental merit and is otherwise fully consistent with the intent of the BEP regulations.
Although the Department issues many enforcement actions each year as a result of violations of state environmental laws and regulations, not all enforcement actions are resolved through settlements. However, all enforcement actions issued by the Department require the respondent/defendant to mitigate environmental damages caused by said violations.
Before submitting your BEP idea for consideration, please make sure that it meets the requirements set forth by the regulations. Failure to do so may prevent the Department from adding it to the Citizens' Listing. Inclusion of your BEP idea on the Citizens' Listing does not guarantee its selection for future settlement agreements.
Would you like to suggest a BEP? Online Form