Fill and Sign the Petition for De Novo Review Pursuant to La Rs 3020504 Louisiana Form

NINETEENTH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA IN THE MATTER OF: NO.       __________________________ SECTION:       __________________________ PROTECTIVE PETITION FOR DE NOVO REVIEW PURSUANT TO LA. R.S. 30:2050.4 NOW INTO COURT, through undersigned counsel, comes ________________ (hereinafter “ _________ or “Petitioner”) and represent as follows: PARTIES 1. Petitioner is a _____________ limited liability company with its principal place of business in the State of _____________ . Petitioner herein has real and actual interest that have been adversely impacted, and is otherwise aggrieved by, the Louisiana Department of Environmental Quality’s (LDEQ) Consolidated Compliance Order and Notice of Potential Penalty which is subject of this Petition, as well as the LDEQ’s failure to grant an adjudicatory hearing regarding the contested provisions of the enforcement action within the time limits allowed by law. 2. Made defendant herein is the State of Louisiana, through the LDEQ. 3. On or about ____________ , LDEQ issued a Consolidated Compliance Order and Notice of Potential Penalty (CCONPP) to GGCV (Exhibit “A”). 4. Within thirty days after receipt of the CCONPP, on _______________ , pursuant to the provisions of La. R.S. 30:2050.4 and in accordance with the provision of the Louisiana Administrative Procedures Act, La. R.S. 49:950, et seq., as amended, _____________ filed a written request for an adjudicatory hearing regarding the CCONPP with the Office of the Secretary of LDEQ. (Exhibit “B”). 5. Pursuant to La. R.S. 30:2050.4.E, the secretary “shall notify the person requesting an adjudicatory hearing that the request has been granted or denied” within thirty days after filing of the request. The thirty day period expired on ______________ , and ___________ has not received notification from the LDEQ on whether ______________ request has been granted or denied. 6. Pursuant to La. R.S. 30:2050.4.G(3), if the secretary has not granted or denied the hearing, or if the secretary and the applicant have not mutually agreed, in writing, to engage in dispute resolution discussions, then this inaction by the secretary shall be deemed to be a denial of the applicant’s request for hearing and the applicant seeking de novo review of the secretary’s decision shall, within thirty days after the expiration of the time period provided in Subsection E, file an application for de novo review of the secretary’s denial in the Nineteenth Judicial District Court for the parish of East Baton Rouge.” This thirty day period expires on or about ___________ , and the Secretary has not “granted” a hearing as of this date nor have the parties mutually agreed, in writing, to engage in dispute resolution discussions, although it is anticipated that such an agreement will ultimately be signed. Therefore, this inaction by the Secretary represents a denial of ___________ request for hearing. 7, As such, ____________ is filing this action for de novo review, pursuant to La. R.S. 30:2050.4.G, as a protective measure to preserve the right of GGCV to seek de novo review of the Secretary’s actions. ___________ anticipates, however, that this matter can be resolved by way of settlement and/or negotiated resolution with LDEQ. L I 2 2 L 2 1 7 •4 0 2 8. Pursuant to La. R.S. 30:2050.4.G(3), jurisdiction is proper in the Nineteenth Judicial Court for the Parish of East Baton Rouge. 9. For the reasons set forth in the attached request for hearing, as well as those reasons which will be shown at the hearing of this matter and in an amendment to this protective petition for judicial review, if necessary, the LDEQ’s enforcement action are subject to reversal because: (1) Respondent was not in violation of the allowable site emissions for the Nebraska Boiler during its simultaneous operation with the permitted halogen acid furnace, based on an analysis of the maximum feed rate and chlorine/chloride values. (2) Respondent did not and is not currently operating outside of the limits of its 1999 Certification of Compliance which sets the hazardous waste feed rates for the Nebraska Boiler. (3) Respondent conducts scheduled analyses of Mixed Oil samples to ensure that feed rates are based upon the latest analytical characterization of the hazardous waste feeds. (4) Respondent operates and diligently maintains its equipment in compliance with the requirements of LAC 3 3 :I][i.905. (5) Additionally, the LDEQ’s actions in issuing the CCONPP are a) In violation of constitutional or statutory provisions; b) In excess of the statutory authority of the agency; c) Made upon unlawful procedure; d) Affected by other error of law; e) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; and f) Not supported and sustainable by a preponderance of evidence as determined by the reviewing court. WHEREFORE, GEORGIA GULF CHEMICALS AND V1NYLS, L.L.C., prays: I. That the Court review de novo the Consolidated Compliance Order and Notice of Potential Penalty; II. That the Court enter judgment reversing the Consolidated Compliance Order and Notice of Potential Penalty; and III. For all other relief allowed under the law. By Attorneys, _________________________ _________________________ _________________________ __________________________ __________________________ __________________________ PLEASE WITHHOLD SERVICE