Current through Register Vol. 50, No. 9, September 20, 2024
Each permit shall include permit conditions necessary to
achieve compliance with the Act and these regulations, including each of the
applicable requirements specified in LAC 33:V.Subpart 1. In satisfying this
provision, the administrative authority may incorporate applicable requirements
of LAC 33:V.Subpart 1 directly into the permit or establish other permit
conditions that are based on LAC 33:V.Subpart 1. The following conditions apply
to all hazardous waste permits. All conditions applicable to permits shall be
incorporated into the permits either expressly or by reference. If incorporated
by reference, a specific citation to these regulations must be given in the
permit.
A. Duty to Comply. The
permittee must comply with all conditions of this permit except that the
permittee need not comply with the conditions of this permit to the extent and
for the duration such noncompliance is authorized in an emergency permit. Any
permit noncompliance constitutes a violation of the Act and any amendments and
is grounds for enforcement action, permit termination, revocation and
reissuance or modification, or denial of a permit renewal
application.
B. Duty to Reapply. If
the permittee wishes to continue an activity regulated by the permit after the
expiration date of the permit, the permittee must reapply for the permit as
required in LAC 33:V.303.N. If the administrative authority does not issue a
final decision on the reapplication on or before the expiration date of the
permit, it shall remain in effect until the administrative authority issues a
final decision.
C. Need to Halt or
Reduce Activity Not a Defense. It shall not be a defense for a permittee in an
enforcement action that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this
permit.
D. Duty to Mitigate. The
permittee shall take all reasonable steps to minimize or correct any adverse
impact on the environment resulting from noncompliance with this
permit.
E. Proper Operation and
Maintenance
1. The permittee shall at all
times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this permit. Proper
operation and maintenance includes effective performance, adequate funding,
adequate operator staffing and training, and adequate laboratory and process
controls, including appropriate quality assurance procedures.
2. This provision requires the operation of
back-up or auxiliary facilities or similar systems only when necessary to
achieve compliance with the conditions of the permit.
F. Permit Actions. This permit may be
modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance,
or termination, or a notification of planned changes or anticipated
noncompliance, does not stay any permit condition.
G. Property Rights. This permit does not
convey any property rights of any sort, or any exclusive privilege.
H. Duty to Provide Information. The permittee
shall furnish to the administrative authority, within a reasonable time, any
information which may be requested to determine whether cause exists for
modifying, revoking and reissuing, or terminating this permit, or to determine
compliance with this permit. The permittee shall also furnish, upon request,
copies of records required to be kept by this permit.
I. Inspection and Entry. The permittee shall
allow the administrative authority, or an authorized representative, upon the
presentation of credentials and other documents as may be required by law, to:
1. enter upon the permittee's premises where
a regulated facility or activity is located or conducted, or where records must
be kept under the conditions of this permit;
2. have access to and copy, at reasonable
times, any records that must be kept under the conditions of this
permit;
3. inspect at reasonable
times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this permit; and
4. sample or monitor at reasonable times, for
the purposes of assuring permit compliance or as otherwise authorized by the
appropriate act, any substances or parameters at any location.
J. Monitoring and Records
1. Samples and measurements taken for the
purpose of monitoring shall be representative of the monitored
activity.
2. The permittee shall
retain records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, copies of all reports required by the permit, the
certification required by LAC 33:V.1529.B.19, and records of all data used to
complete the application for this permit, for a period of at least three years
from the date of the sample, measurement, report, certification, or
application. This period may be extended by request of the administrative
authority at any time. The permittee shall maintain records from all
groundwater monitoring wells and associated groundwater surface elevations, for
the active life of the facilities, and for disposal facilities for the
post-closure care period as well.
3. Records of monitoring information shall
include:
a. the date, exact place, and time of
sampling or measurements;
b. the
individual(s) who performed the sampling or measurements;
c. the date(s) analyses were
performed;
d. the individual(s) who
performed the analyses;
e. the
analytical techniques of methods used; and
f. the results of such analyses.
K. Signatory
Requirement. All applications, reports, or information submitted to the
administrative authority shall be signed and certified (see also LAC
33:V.507).
L. Reporting
Requirements
1. Planned Changes. The
permittee shall give notice to the Office of Environmental Services, as soon as
possible, of any planned physical alterations or additions to the permitted
facility.
2. Anticipated
Noncompliance. The permittee shall give advance notice to the Office of
Environmental Services of any planned changes in the permitted facility or
activity that may result in noncompliance with permit requirements.
3. For a new facility, the permittee may not
treat, store, or dispose of hazardous waste; and for a facility being modified,
the permittee may not treat, store, or dispose of hazardous waste in the
modified portion of the facility except as provided in LAC 33:V.321.C until:
a. the permittee has submitted to the
administrative authority by certified mail or hand delivery a letter signed by
the permittee and a registered professional engineer stating that the facility
has been constructed or modified in compliance with the permit; and
b. the administrative authority has inspected
the newly modified or newly constructed facility and finds it is in compliance
with the conditions of the permit or within 15 days of the date of receipt of
the letter in LAC 33:V.303.I.1, the permittee has not received notice from the
administrative authority of his or her intent to inspect, prior inspection is
waived and the permittee may commence treatment, storage, or disposal of
hazardous waste.
4.
Transfers. The permit is not transferable to any person except with the written
approval of the administrative authority. The administrative authority may
require modification, or revocation and reissuance of the permit to change the
name of the permittee and incorporate such other requirements as may be
necessary. In some cases, modification, or revocation and reissuance could be
mandatory under LAC 33:V.Subpart 1.
5. Monitoring Reports. Monitoring results
shall be reported at the intervals specified elsewhere in LAC 33:V.Subpart
1.
6. Compliance Schedules. Reports
of compliance or noncompliance with, or any progress reports on, interim and
final requirements contained in any compliance schedule shall be submitted no
later than 14 days after each schedule date.
7. The permittee shall report any
noncompliance which may endanger health or the environment within 24 hours
except as more immediate notification is required by the "Notification
Regulations and Procedures for Unauthorized Discharges'' (see LAC 33:I.Chapter
39). At a minimum such notification must include:
a. information concerning release of any
hazardous waste that may cause an endangerment to public drinking water
supplies;
b. any information of a
release or discharge of hazardous waste or of a fire or explosion from the HWM
facility, which could threaten the environment or human health outside the
facility;
c. the description of the
occurrence and its cause shall include:
i.
name, address, and telephone number of the owner or operator;
ii. name, address, and telephone number of
the facility;
iii. date, time, and
type of incident;
iv. name and
quantity of material(s) involved;
v. the extent of injuries, if any;
vi. an assessment of actual or potential
hazards to the environment and human health outside the facility, where this is
applicable; and
vii. estimated
quantity and disposition of recovered material that resulted from the
incident;
d. a written
submission shall also be provided within five days of the time the permittee
becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance and its cause; the period of noncompliance
including exact dates and times, and if the noncompliance has not been
corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The administrative authority may waive the five-day written notice requirement
in favor of a written report within 15 days.
8. Manifest Discrepancy Report. If a
significant discrepancy in a manifest is discovered, the permittee must attempt
to reconcile the discrepancy. If not resolved within fifteen days, the
permittee must submit a report including a copy of the manifest to the Office
of Environmental Services.
9.
Unmanifested Waste Report. An unmanifested waste report must be submitted to
the Office of Environmental Services within five days of receipt of
unmanifested waste.
10. Annual
Report. An annual report must be submitted to the Office of Environmental
Services covering facility activities during the previous calendar
year.
11. Other Noncompliance. The
permittee shall report all instances of noncompliance not reported under LAC
33:V.309.L.1, 2, 6, and 7 at the time monitoring reports are submitted. The
reports shall contain the information listed in LAC 33:V.309.L.1 and
7.
12. Other Information. If the
permittee becomes aware that he failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application, or in
any report to the administrative authority, he shall promptly submit such facts
or information to the Office of Environmental Services.
M. Information Repository. The administrative
authority may require the permittee to establish and maintain an information
repository at any time, based on the factors set forth in LAC 33:V.708.C.2. The
information repository will be governed by the provisions in LAC
33:V.708.C.3-6.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
