Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part V - Hazardous Wastes and Hazardous Materials
Subpart 1 - Department of Environmental Quality-Hazardous Waste
Chapter 43 - Interim Status
Subchapter F - Closure and Post-Closure
Section V-4396 - Post-Closure Requirements for Facilities That Obtain Enforceable Documents in Lieu of Post-Closure Permits
Universal Citation: LA Admin Code V-4396
Current through Register Vol. 50, No. 9, September 20, 2024
A. Owners and operators who are subject to the requirement to obtain a post-closure permit under LAC 33:V.305, but who obtain enforceable documents in lieu of post-closure permits, as provided under LAC 33:V.305.H, must comply with the following requirements:
1. submit information about the facility in
accordance with LAC 33:V.528;
2.
facility-wide corrective action in accordance with LAC 33:V.3322; and
3. LAC 33:V.Chapter 33.
B.
1. The
administrative authority, in issuing enforceable documents under this Section
in lieu of permits, will assure a meaningful opportunity for public involvement
which, at a minimum, includes public notice and opportunity for public comment:
a. when the department becomes involved in a
remediation at the facility as a regulatory or enforcement matter;
b. on the proposed preferred remedy and the
assumptions upon which the remedy is based, in particular those related to land
use and site characterization; and
c. at the time of a proposed decision that
remedial action is complete at the facility. These requirements must be met
before the administrative authority may consider that the facility has met the
requirements of LAC 33:V.305.H, unless the facility qualifies for a
modification to these public involvement procedures under Paragraph B.2 or 3 of
this Section.
2. If the
administrative authority determines that even a short delay in the
implementation of a remedy would adversely affect human health or the
environment, the administrative authority may delay compliance with the
requirements of Paragraph B.1 of this Section and implement the remedy
immediately. However, the administrative authority must assure involvement of
the public at the earliest opportunity and, in all cases, upon making the
decision that additional remedial action is not needed at the
facility.
3. The administrative
authority may allow a remediation initiated prior to October 22, 1998, to
substitute for corrective action required under a post-closure permit even if
the public involvement requirements of Paragraph B.1 of this Section have not
been met, so long as the administrative authority assures that notice and
comment on the decision that no further remediation is necessary to protect
human health and the environment takes place at the earliest reasonable
opportunity after October 22, 1998.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
