Louisiana Department of Environmental Quality is NOT Protecting Water Quality & Public Health in Louisiana
Louisiana Department of Environmental Quality’s (LDEQ) Water Quality Mission:
To ensure that the citizens of Louisiana have clean and healthy water to drink and use for present and future generations by regulating pollution sources and providing technical support for the restoration of polluted waters.
Source: 2000 Executive Budget
Basic Facts:
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73% of all water bodies in Louisiana do not meet water quality standards (Environmental Protection Agency [EPA], Office of Water, Water Quality Report 2000)
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70% of surface waters sources are impaired & 41% of water bodies are notsupporting their designated uses (i.e. not swimmable or fishable) (EPA Review Oct. 1997)
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Louisiana ranks second in the nation of releases of toxic chemicals to surface water (EPA Toxic Release Inventory 2000)
Does the LDEQ Have an Effective Monitoring Program? NO
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34% of major and significant minor facilities have not been inspected according to law since 1996; therefore, LDEQ is not monitoring or doing their job adequately (Performance Audit of Water Quality in Louisiana, Jan. 2001)
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10% of minor facilities may have never been inspected (Performance Audit of Water Quality in Louisiana, Jan. 2001)
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54% of major permits & 10% of minor permits are expired; therefore, these facilities are operating illegally (Performance Audit of Water Quality in Louisiana, Jan. 2001)
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LDEQ shows no evidence that they have reviewed data from self-monitoring minor facilities, leaving these polluters largely unregulated (Performance Audit of Water Quality in Louisiana, Jan. 2001)
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LDEQ does not accredit noncommercial laboratories, which number 1,000 in the state; therefore, LDEQ cannot ensure accurate and reliable data, and it is impossible for LDEQ to determine if these facilities are in violation of their water discharge permits (Performance Audit of Water Quality in Louisiana, Jan. 2001)
Are LDEQ’s Corrective Actions Effective? NO
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No evidence of enforcement actions for 373 violations in 1998 & 1999 was reported by LDEQ (Performance Audit of Water Quality in Louisiana, Jan. 2001)
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Inspection discrepancies did not result in enforcement action; therefore, LDEQ is notfollowing up on violations (Performance Audit of Water Quality in Louisiana, Jan. 2001)
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Some enforcement actions did not deter facilities from committing subsequent violations, proving that LDEQ enforcement is not strong enough (Performance Audit of Water Quality in Louisiana, Jan. 2001)
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Some enforcement actions were issued over a year after violations actually occurred (Performance Audit of Water Quality in Louisiana, Jan. 2001)
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LDEQ assessed 28 penalties totaling $831,383 in 1998 & 5 penalties for $114,764 in 1999, but as of January 2001, LDEQ has not collected $441,188 (47%) in penalties for those two years (Performance Audit of Water Quality in Louisiana, Jan. 2001)
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LDEQ often voids or amends enforcement action by allowing polluters smaller fines in return for establishing beneficial environment programs, which can be seen as just a slap on the wrist (Performance Audit of Water Quality in Louisiana, Jan. 2001)
What Do These Failures Mean for the Citizens of Louisiana?
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LDEQ’s failure to identify violations, failure to collect penalties, and failure to issue timely enforcement actions all constitute ineffective enforcement
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LDEQ’s water program does not allow for full public participation in permit decisions
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LDEQ fails to provide accurate and accessible information on compliance status and fails to provide adequate guidance to the regulated community
Sources:
2000 Executive Budget. State of Louisiana.
Environmental Protection Agency. Office of Water. Water Quality Inventory Report (2000)
Environmental Protection Agency. Toxic Release Inventory Report. (2000)
Performance Audit of Water Quality in Louisiana (Jan. 2001)
(http://www.lla.state.la.us:80/perform/wq-rh.pdf)
