Current through Register Vol. 50, No. 9, September 20, 2024
A. Written reports for any unauthorized
discharge that requires notification under LAC 33:I.3915.A, 3917, 3919, or 3923
shall be submitted by the discharger to SPOC in accordance with this Section
within seven calendar days after the expiration of the time allowed for the
notification required by LAC 33:I.3915.A, 3917, 3919, or 3923, unless otherwise
provided for in a valid permit or other department regulation.
1. If mailed by US mail or other courier
service (e.g., Federal Express, UPS, etc.), the submittal date will be the date
of the postmark on the envelope accompanying the written notification
report.
2. If delivered by other
means (e.g., hand-delivered, faxed, etc.), the submittal date of the written
notification will be the date of receipt by the department.
3. For information required by Subsection B
of this Section that is not available at the time of submittal of the written
notification report due to an ongoing investigation, updates of the status of
the ongoing investigation of the unauthorized discharge shall be submitted
every 60 days until the investigation has been completed and the results of the
investigation have been submitted.
B. Written notification reports required by
LAC 33:I.3915, 3917, and 3919 shall include, but not be limited to, the
following information:
1. the name, address,
telephone number, Agency Interest (AI) number (number assigned by the
department) if applicable, and any other applicable identification numbers of
the person, company, or other party who is filing the written report, and
specific identification that the report is the written follow-up report
required by this Section;
2. the
time and date of prompt notification, the state official contacted when
reporting, the name of the person making that notification, identification of
the site or facility, vessel, transport vehicle, or storage area from which the
unauthorized discharge occurred, and the location where the incident
occurred;
3. date(s), time(s), and
duration of the unauthorized discharge and, if not corrected, the anticipated
time it is expected to continue;
4.
details of the circumstances (unauthorized discharge description and root
cause) and events leading to any unauthorized discharge, including incidents of
loss of sources of radiation, and if the release point is subject to a permit:
a. the current permitted limit for the
pollutant(s) released;
b. the
permitted release point/outfall ID; and
c. which limits were exceeded
(SO2 limit, mass emission limit, opacity limit, etc.)
for air releases;
5. the
common or scientific chemical name of each specific pollutant that was released
as the result of an unauthorized discharge, including the CAS number and U.S.
Department of Transportation hazard classification, and the best estimate of
amounts of any or all released pollutants (total amount of each compound
expressed in pounds, including calculations);
6. a statement of the actual or probable fate
or disposition of the pollutant or source of radiation and what off-site impact
resulted;
7. remedial actions
taken, or to be taken, to stop unauthorized discharges or to recover pollutants
or sources of radiation;
8.
procedures or measures which have or will be adopted to prevent recurrence of
the incident or similar incidents, including incidents of loss of sources of
radiation;
9. if an unpermitted or
unlicensed site or facility is involved in the unauthorized discharge, a
schedule for submitting a permit or license application to the department, or
rationale for not requiring a permit or license;
10. the reporting party's status (former or
present owner, operator, disposer, etc.);
11. for discharges to the ground or
groundwater, the following information shall also be included: all information
of which the reporting party is aware that indicates pollutants are migrating,
including, but not limited to, monitoring well data; possible routes of
migrations; and all information of which the reporting party is aware regarding
any public or private wells in the area of the migration used for drinking,
stock watering, or irrigation;
12.
what other agencies were notified;
13. the names of all other responsible
parties of which the reporting party is aware;
14. a determination by the discharger of
whether or not the discharge was preventable, or if not, an explanation of why
the discharge was not preventable;
15. the extent of injuries, if any;
and
16. the estimated quantity,
identification, and disposition of recovered materials, if any.
C. Written notification reports
shall be submitted to SPOC by mail or email. The transmittal envelope and
report or email subject line and report should be clearly marked "UNAUTHORIZED
DISCHARGE NOTIFICATION REPORT. " The email address can be found on the LDEQ
webpage at the Single Point of Contact page under Written Notification
Procedures: (LAC 33:1.3926) section.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2025(J), 2060(H),
2076(D), 2183(1), 2194(C) and 2204(A).
