Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part V - Hazardous Wastes and Hazardous Materials
Subpart 1 - Department of Environmental Quality-Hazardous Waste
Chapter 7 - Administrative Procedures for Treatment, Storage, and Disposal Facility Permits
Subchapter A - Permits
Section V-703 - Permit Evaluation
Universal Citation: LA Admin Code V-703
Current through Register Vol. 50, No. 9, September 20, 2024
A. Application Distribution. Upon acceptance of an application for review, the administrative authority will distribute copies of the application (Part I) for review and comment to: the public (filed with local libraries or other public facility), notification of which is to be published in a bulletin (see LAC 33:V.717), and as an ad in a local newspaper; Department of Health and Hospitals, Office of Health Services and Environmental Quality; Department of Wildlife and Fisheries; Office of Public Works of the Department of Transportation and Development; or the successors to any of the above; and to local governing authorities of any municipality and parish within whose territorial jurisdiction the facility or activity is located.
B. Review Considerations
1. In conducting its review of the
application, the administrative authority will consider the purpose and use of
facilities, operations and monitoring plan, capacity, closure, site
suitability, financial responsibility, legal considerations, special
considerations deemed necessary by the administrative authority on a site
specific basis, and local zoning ordinances.
2. Comment from the public and involved
local, parish, state, and federal agencies will be reviewed. The administrative
authority may consider that the agencies that do not comment within 45 days
from the date the ad is published in the newspaper have no objection to the
proposed operation.
3. The
administrative authority will assist the operator in the modification of the
permit application or facility design or operation by:
a. conducting staff discussions with
operator, designing engineer, and other principals to discuss reasons for
denial;
b. referencing to
"state-of-the-art" procedures and methods which, if incorporated in the
operation design, would allow permit reapplication; and
c. conducting staff evaluations of
objectionable features of application.
4. Initial compliance inspections shall be
made as follows:
a. for existing facilities as
a part of permit application evaluation; or
b. for new facilities ready to begin
operation, after a "Request to Perform Initial Inspection" is submitted by the
operator to the administrative authority. This inspection determines that new
construction was built in conformity with conditions of the permit by a
certification from the operator and supervising engineer, and actual department
inspection and evaluation.
5. Order to proceed, or to continue with
operation shall be given as follows:
a. the
administrative authority will issue to existing facilities a notice to continue
operations, issue an interim permit for a specified length of time to continue,
and cite measures which must be taken to satisfy the terms of the permit.
Specific target dates will be listed in the permit and a report of compliance
will be submitted as required to the administrative authority but in no case
less than quarterly; or
b. to new
facilities the administrative authority will issue a notice permitting
operation under a standard permit or issue a list of modifications required,
before an order to begin operation will be issued.
6. Mandatory Provisions. Operation of
existing facilities during department action on the permit application is
permitted, in accordance with provisions of the Act, except that when the
continued operation of an existing facility is determined by the department to
be causing or about to cause irreparable damage to the environment, or a
serious threat to life or safety based on recognized criteria or standards, or
both, the administrative authority shall institute immediate enforcement
actions pursuant to LAC 33:V.107 of these regulations and the Act. During the
time period effective as of November 19 1980, and to extend no longer than the
date of issuance of an interim or standard permit, existing treatment, storage
and disposal facilities are required to meet interim status standards, in
addition to the requirements of prior permits issued before August 1, 1979.
Failure to comply with applicable provisions of the interim status standards as
set forth in LAC 33:V.Chapter 43 shall be a violation of these
regulations.
7. If an applicant
fails or refuses to correct deficiencies in the application, the permit may be
denied and appropriate enforcement actions may be taken under the applicable
statutory provisions.
8. The
effective date of an application is the date on which the administrative
authority notifies the applicant that the application is complete as provided
in LAC 33:V.303.M.
9. For each
application from a major TSD facility, the administrative authority shall, no
later than the effective date of the application, prepare and mail a project
decision schedule to the applicant. The schedule shall specify target dates by
which the administrative authority intends to:
a. prepare a draft permit;
b. give public notice;
c. complete the public comment period,
including any public hearing; and
d. issue a final permit.
C. Draft Permits
1. Once an application is complete, the
administrative authority shall tentatively decide whether to prepare a draft
permit or to deny the permit.
2. If
the administrative authority tentatively decides to deny the permit, a notice
of intent to deny shall be issued. A notice of intent to deny the permit is a
type of draft permit which follows the same procedures as any draft permit
prepared under LAC 33:V.703.C.4. If the administrative authority's final
decision is that the tentative decision to deny the permit was incorrect, the
notice of intent to deny shall be withdrawn and a draft permit under LAC
33:V.703.C.3 shall be prepared.
3.
If the administrative authority decides to prepare a draft permit, he shall
prepare a draft permit that contains the following information:
a. all conditions under LAC 33:V.309 and
311;
b. all compliance schedules
under LAC 33:V.325;
c. all
monitoring requirements under LAC 33:V.309.J; and
d. all standards for treatment, storage,
and/or disposal facilities and surface facilities for injection
wells.
4. All draft
permits prepared under this Section shall be accompanied by a fact sheet (LAC
33:V.703.D), and shall be based on the administrative record, publicly noticed
(LAC 33:V.715) and made available for public comment (LAC 33:V.707). The
administrative authority shall give notice of opportunity for a public hearing
(LAC 33:V.711), and respond to comments (LAC 33:V.707).
D. Fact Sheet
1. A fact sheet shall be prepared for every
draft permit. The fact sheet shall briefly set forth principal facts and the
significant factual, legal, methodological, and policy questions considered in
preparing the draft permit. The administrative authority shall send this fact
sheet to the applicant and, on request, to any other person.
2. The fact sheet shall include, when
applicable:
a. a brief description of the type
of facility or activity which is the subject of the draft permit;
b. the type and quantity of wastes, fluids,
or pollutants which are proposed to be or are being treated, stored, disposed
of, injected, emitted, or discharged;
c. a brief summary of the basis for the draft
permit conditions including references to applicable statutory or regulatory
provisions and appropriate supporting references to the administrative
record;
d. reasons why any
requested variances or alternatives to required standards do or do not appear
justified;
e. a description of the
procedures for reaching a final decision on the draft permit including:
i. the beginning and ending dates of the
comment period and the address where comments will be received;
ii. procedures for requesting a hearing and
the nature of that hearing;
iii.
any other procedures by which the public may participate in the final decision;
and
f. name and
telephone number of a person to contact for additional information.
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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