LDEQ suing man for not abiding by issued compliance order

By Catherine Melancon | Dec 4, 2012

BATON ROUGE – An executive agent of the State of Louisiana is suing a Calcasieu Parish man after he failed to comply with regulations.

Louisiana Department of Environmental Quality filed suit against James Alfred Smith in the 19th Judicial Court on Nov. 15.

Smith owns and/or operates three underground storage tanks, known as Fields General Store, located at 6192 La. Highway 109 in Fields, Beauregard Parish, the suit states.

LDEQ conducted an inspection on June 25, 2008, and issued a compliance order on Feb. 10, 2009 based on that inspection, the complaint states. The order, according to the complaint, provided specific actions for the defendant to take to be in compliance with Louisiana laws.

On July 26, 2011, LDEQ personnel conducted a follow-up inspection of the facility and noted that Smith had failed to take action to comply with the order.

The defendant is accused of failing to submit annual fees within 30 days of receiving the compliance order, failing to provide documentation to the Office of Environmental Assessment and Office of Environmental Compliance, Enforcement Division indicating the dates the storage tanks were temporarily closed, failing to institute procedures that will ensure that the cathodic protection results from the last two inspections are kept at the site and are immediately available for the Department's inspection, failing to conduct a test of the corrosion protection system within 30 days of receiving the compliance order and failing to submit, within 30 days of receiving the order, a written report that details the circumstances surrounding the cited violations and actions taken or to be taken to remedy the problems.

LDEQ is represented by Brandon B. Williams and Perry Theriot.

The case has been assigned to Division A Judge Todd Hernandez.

Case no. 617005.

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