Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part I - Office of the Secretary
Subpart 1 - Departmental Administrative Procedures
Chapter 37 - Regulatory Innovations Programs
Section I-3715 - Termination
Universal Citation: LA Admin Code I-3715
Current through Register Vol. 50, No. 9, September 20, 2024
A. By the Recipient
1. A party to a FPA may terminate the FPA at
any time by sending notice of termination to the administrative authority by
certified mail.
2. The party
terminating must be in compliance with all existing statutes or regulations at
the time of termination.
B. By the Department
1. Noncompliance with the terms and
conditions of a FPA or any provision of this Chapter may result in the FPA
being voided, except that the recipient shall be given written notice of the
noncompliance and provided an opportunity, not less than 30 days from the date
the notice was mailed, to show cause why the FPA should not be voided.
Procedures for requesting a show cause hearing before the Division of
Administrative Law shall be included in the written notice.
2. In the event more stringent or more
protective regulations become effective after execution of a FPA, the recipient
shall amend or modify the FPA to provide environmental protection equal to the
new regulation pursuant to department and EPA approval, or the FPA will be
voided.
3. In the event a FPA
becomes void, the administrative authority may specify an appropriate and
reasonable transition period to allow the recipient to come into full
compliance with all existing statutory and regulatory requirements, including
time to apply for any necessary agency permits, authorizations, or
certifications.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2561 et seq.
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