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-325 - Compliance Schedule for Facilities Existing on the Effective Date of These Regulations
Universal Citation: LA Admin Code V-325
Current through Register Vol. 50, No. 9, September 20, 2024
A. Applicability
1. The permit may, when
appropriate, specify a schedule of compliance leading to compliance with the
Act and any other regulations. Any schedules of compliance shall require
compliance as soon as possible.
2.
If a permit establishes a schedule of compliance which exceeds one year from
the date of permit issuance, the schedule shall set forth interim requirements
and the dates, except that:
a. the time
between interim dates shall not exceed one year; or
b. if the time necessary for completion of
any interim requirement is more than one year and is not readily divisible into
stages for completion, the permit shall specify interim dates for the
submission of reports of progress toward completion of the interim requirements
and indicate a projected completion date; and
c. the permit shall be written to require
that no later than 14 days following such interim date and the final date of
compliance, the permittee shall notify the administrative authority in writing
of its compliance or noncompliance with the interim or final requirements.
Surface facilities for hazardous waste UIC wells shall be written to require
schedules of compliance not later than one year after the effective date of the
permit.
B. Alternate Schedules of Compliance. A permit applicant or permittee may cease conducting regulated activities rather than continue to operate and meet permit requirements as follows.
1. If the permittee
decides to cease conducting regulated activities at a given time within the
term of a permit which has already been issued:
a. the permit may be modified to contain a
new or additional schedule leading to timely cessation of activities;
or
b. the permittee shall cease
conducting permitted activities before noncompliance with any interim or final
compliance schedule requirement already specified in the permit.
2. If the decision to cease
conducting regulated activities is made before issuance of a permit whose term
will include the termination date, the permit shall contain a schedule leading
to termination which will insure timely compliance with applicable
requirements.
3. If the permittee
is undecided whether to cease conducting regulated activities, the
administrative authority may issue or modify a permit to contain two schedules
as follows:
a. both schedules shall contain an
identical interim deadline requiring a final decision on whether to cease
conducting regulated activities no later than a date which ensures sufficient
time to comply with applicable requirements in a timely manner, if the decision
is to continue conducting regulated activities;
b. one schedule shall lead to timely
compliance with all applicable requirements; and the second schedule shall lead
to cessation of regulated activities by a date which will ensure timely
compliance with all applicable requirements; and
c. each permit containing two schedules shall
include a requirement that after the permittee has made a final decision under
this Section, it shall follow the schedule leading to compliance if the
decision is to continue conducting regulated activities, and follow the
schedule leading to termination if the decision is to cease conducting
regulated activities.
4.
The applicant's or permittee's decision to cease conducting regulated
activities shall be evidenced by a firm public commitment satisfactory to the
administrative authority, such as a resolution of the board of directors of a
corporation.
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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