Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part V - Hazardous Wastes and Hazardous Materials
Subpart 1 - Department of Environmental Quality-Hazardous Waste
Chapter 3 - General Conditions for Treatment, Storage, and Disposal Facility Permits
Section V-323 - Suspension, Modification or Revocation and Reissuance, and Termination of Permits
Universal Citation: LA Admin Code V-323
Current through Register Vol. 50, No. 9, September 20, 2024
A. When the administrative authority receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit [see LAC 33:V.309], receives a request for revocation and reissuance under this Section, or conducts a review of the permit file), he or she may determine whether one or more of the causes listed in LAC 33:V.323.B.2.c, and B.3.b for suspension, modification or revocation and reissuance, or termination exist. If cause exists, the administrative authority may suspend, modify or revoke and reissue, or terminate the permit accordingly, subject to the limitations of LAC 33:V.323.A, B.1, B.2.c, d and e, or B.3.b, and may request an updated application, if necessary. Permits may be reviewed for potential modification, suspension, or termination either at the request of any interested person (including the permittee) or upon the administrative authority's initiative. However, permits may be modified, or revoked and reissued, suspended or terminated only for the reasons specified in LAC 33:V.323.A, B.1, B.2.c, and B.3.b, or if the administrative authority receives notification of a proposed transfer of the permit (LAC 33:V.309.L.4). All requests shall be in writing, and shall contain facts or reasons supporting the request.
B. If the administrative authority decides the request is not justified, he or she shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearings. Denials by the administrative authority may be appealed to the Office of the Secretary, in accordance with R.S. 30:2050.21.
1. Suspension
a. The administrative authority may
temporarily suspend the operator's right to accept additional hazardous waste
to treat, store, or dispose of until violations are corrected. If violations
are corrected, the administrative authority may lift the enforcement.
Suspension of a permit and/or subsequent corrections of the causes of the
suspension by the permittee shall not preclude the administrative authority
from terminating the permit, if necessary. The administrative authority shall
give notice to the operator, by registered mail, return receipt requested, of
violation of the permit or act, listing the specific violations. If the
operator fails to comply with this notice by correcting the cited violations
within 30 days from date of notice, the administrative authority may issue an
order requiring compliance within a specified time, or may commence a civil
action in the district court in the parish in which the violation occurred for
appropriate relief, including a temporary or permanent injunction. If the
operator fails to take corrective action within the time specified in the
order, the administrative authority shall assess a civil penalty, and may
suspend or terminate the permit, all pursuant to LAC 33:V.Chapter 1 of these
regulations and the Act.
b. For
major infractions of the terms of the permit, the administrative authority may
suspend the permit and require:
i. the
operator to cease accepting hazardous waste or contracting for its treatment,
storage, or disposal; or
ii. the
operator to agree to a caretaker management of operations involving wastes
which are being treated, stored, or have been disposed of on-site. The
caretaker management shall be selected by the administrative authority from the
following:
(a). operator's personnel acting
under supervision of the administrative authority; or
(b). independent management firm operating
under administrative authority supervision; or
(c). state operation;
iii. the total cost of the caretaker
management shall be borne by the operator, by revenues from operation, or by
calling upon the closure fund set up for this purpose;
iv. if the operator does not voluntarily
agree to the caretaker management, appropriate legal action shall be taken by
the administrative authority to institute the management operations to protect
the public interest;
v. after
exhausting all other remedies, the administrative authority shall request the
attorney general to secure court authority to close the site, using closure
funds for this purpose.
c. The operator may request reconsideration
of the suspension order. The request shall stipulate the form requested: i.e.,
a staff conference, a public hearing, or an adjudicatory hearing.
2. Modification or Revocation and
Reissuance
a. If the administrative authority
tentatively decides to modify or revoke and reissue a permit under LAC
33:V.321.C.3 or 323, he or she shall prepare a draft permit under LAC
33:V.703.C incorporating the proposed changes. The administrative authority may
request additional information and, in the case of a modified permit, may
require the submission of an updated permit application. In the case of revoked
and reissued permits, the administrative authority shall require the submission
of a new application. When a permit is modified, only the conditions subject to
modification are reopened. When a permit is revoked and reissued, the entire
permit is reopened and subject to revision, and the permit is reissued for a
new term.
b. If a permit
modification is requested by the permittee, the administrative authority shall
approve or deny the request according to the procedures of LAC 33:V.321.C.
Otherwise, a draft permit must be prepared and other procedures
followed.
c. The following are
causes for modification, but not revocation and reissuance, suspension or
termination of permits. The following may be causes for revocation and
reissuance, as well as modification, when the permittee requests or agrees:
i. material and substantial alterations or
additions to the permitted facility or activity which occurred after permit
issuance which justify the application of permit conditions that are different
or absent in the existing permit;
ii. the administrative authority has received
information that justifies the application of different permit
conditions;
iii. the standards or
regulations on which the permit was based have been changed by statute, through
promulgation of new or amended standards or regulations, or by judicial
decision after the permit was issued. The owner or operator may request a
permit modification for this cause only as follows:
(a). for promulgation of amended standards or
regulations, when the administrative authority has revised, withdrawn, or
modified that portion of the regulation or on which the permit condition was
based, or has approved a state action with regard to standards on which the
permit condition was based, and a permittee requests modification in accordance
with LAC 33:V.323 within 90 days after notice of the action on which the
request is based;
(b). for judicial
decisions, a court of competent jurisdiction has remanded and stayed
promulgated regulations, if the remand and stay concern that portion of the
regulations or guidelines on which the permit condition was based, and a
request is filed by the permittee in accordance with LAC 33:V.323 within 90
days of judicial remand;
iv. the administrative authority determines
good cause exists for modification of a compliance schedule, such as an act of
God, strike, flood, materials shortage, or other events over which the
permittee has little or no control, and for which there is no reasonably
available remedy.
d.
Notwithstanding any other provision in this Section, when a permit for a land
disposal facility is reviewed by the administrative authority under LAC
33:V.315, the administrative authority shall modify the permit as necessary to
assure that the facility continues to comply with the currently applicable
requirements in LAC 33:V.Subpart 1.
e. Suitability of the facility location will
not be considered a cause for permit modification or revocation and reissuance
unless new information or standards indicate that a threat to human health or
the environment exists which was unknown at the time of permit
issuance.
3. Termination
a. If the administrative authority
tentatively decides to terminate a permit under LAC 33:V.323.C.2, he shall
issue a notice of intent to terminate. A notice of intent to terminate is a
type of draft permit which follows the same procedures as any draft permit
prepared under LAC 33:V.703.C. If a permit is terminated, the entire permit is
reopened and subject to revision before the permit can be reissued for a new
term.
b. The administrative
authority may terminate a permit during its term or deny a permit renewal
application for the following causes:
i.
noncompliance by the permittee with any condition of the permit;
ii. the permittee's failure in the
application or during the permit issuance process to disclose fully all
relevant facts, or the permittee's misrepresentation of any relevant facts at
any time;
iii. a determination that
the permitted activity endangers human health or the environment and can only
be regulated to acceptable levels by termination; or
iv. the administrative authority has received
notification of a proposed transfer of the permit (see LAC
33:V.309.L.4).
c. The
operator may request reconsideration of the termination order. The request
shall stipulate the forum requested: i.e., a staff conference, a public
hearing, or an adjudicatory hearing.
4. For major infractions of the terms of the
permit, the administrative authority shall terminate the permit and require:
a. the operator to cease accepting hazardous
waste or contracting for its treatment, storage, or disposal; or
b. the operator to agree to a caretaker
management of operations involving wastes which are being treated, stored, or
have been disposed of on-site. The caretaker management shall be selected by
the administrative authority from the following:
i. operator's personnel acting under
supervision of the administrative authority; or
ii. independent management firm operating
under administrative authority supervision; or
iii. state operation.
c. The total cost of the caretaker management
shall be borne by the operator, by revenues from operation, or by calling upon
the closure fund set up for this purpose.
d. If the operator does not voluntarily agree
to the caretaker management, appropriate legal action shall be taken by the
administrative authority to institute the management operations to protect the
public interest.
e. After
exhausting all other remedies, the administrative authority shall request the
attorney general to secure court authority to close the site, using closure
funds for this purpose.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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