## Facts

- William J. Hampton, owner/operator of All Pro Paint & Body Shop, Inc., paid a scrap dealer $100 to dispose of containers of spent paint thinner generated by the shop.
- The scrap dealer dumped the containers in two uninhabited houses in a Baton Rouge residential neighborhood; the property owner discovered them and notified authorities.
- DEQ and State Police recovered over thirty containers with an estimated 660 gallons of material.
- Laboratory testing showed multiple samples ignited or reached flashpoint below 140°F, meeting the regulatory “ignitability” characteristic for hazardous waste.
- The statutory definition of “hazardous waste” describes wastes posing specified risks to health or the environment and applies to wastes “identified and designated” by DEQ consistent with federal law.
- A search of All Pro’s premises produced generator notifications, reports, hazardous waste manifests, labels with a generator ID, a waste profile, and service contracts with authorized hazardous-waste firms.
- DEQ records showed All Pro was authorized to transport hazardous waste but not to store or dispose of it; the scrap dealer and disposal site were not authorized for hazardous waste activities.

## Issues

1. Whether La. R.S. 30:2183(G)(2) unconstitutionally delegates legislative power by permitting DEQ, through defining “hazardous waste,” to supply elements of a felony offense.

## Decision

- The Louisiana Supreme Court reversed the court of appeal.
- The court held La. R.S. 30:2183(G)(2) constitutional and not an impermissible delegation of legislative authority.
- The convictions and sentences for illegal transportation and disposal of hazardous waste in a manner creating imminent danger were reinstated.

## Legal Principles

- The legislature may define criminal conduct and penalties while delegating to an agency the technical task of identifying regulated substances within a statutory definition, so long as legislative policy and standards confine agency discretion.
- Incorporating consistency with federal hazardous-waste criteria supplies substantive standards that limit agency action.
- Delegation is permissible where the agency acts administratively (implementing legislative policy) rather than setting criminal policy.
- Notice-and-comment rulemaking requirements and judicial review are safeguards supporting the constitutionality of agency rulemaking that supplies technical details referenced by a criminal statute.

## Conclusion

The court upheld Louisiana’s hazardous-waste felony scheme because the legislature established the crime, penalties, and governing standards, while DEQ’s role in identifying hazardous wastes consistent with federal criteria was a constrained, technical, and reviewable administrative function rather than an unconstitutional delegation to define felonies.


State v. All Pro Paint & Body Shop, Inc., 639 So. 2d 707 (La. 1994)