La. Admin. Code tit. 33 § VII-517

Current through Register Vol. 50, No. 4, April 20, 2024

Section VII-517 - Modifications of Permits and Other Authorizations to Operate

A. Modification Requests

1. The permit holder shall submit a permit modification request to the Office of Environmental Services, for any changes in a facility or deviation from a permit. All permit modification requests shall detail the proposed modifications and shall include an assessment of the effects of the modification on the environment and/or the operation. Modification details shall include, but not be limited to, a summary detailing the modification request and all appropriate drawings, narratives, etc., which shall illustrate and describe the originally-permitted representations and the proposed modifications thereto. New language requested in the permit narrative and existing language requested to be deleted from the permit shall be identified therein.

a. Modification requests shall be submitted using the appropriate permit application form. Only those sections that are proposed for modification shall be completed. The administrative authority may request further information so that a proper determination may be made. Three paper copies and three electronic copies, in a format acceptable to the department, of all modification requests shall be provided to the Office of Environmental Services. The modification request shall incorporate, in the appropriate sections, all required plans and narratives and shall include appropriate tabbing, if applicable, for all attachments. A facility seeking to modify its permit to include changes that constitute a physical expansion of the area(s) in which solid wastes are disposed beyond the facility's existing boundaries as set forth in the facility's existing permit shall follow the pre-application requirements listed at LAC 33:VII.513.B.

b. Each permit-modification request for which a permit-modification review fee is prescribed shall be accompanied by remittance of the fee. No permit modification requests shall be accepted or processed prior to payment in full of the amount specified.

2. All proposed changes in ownership shall comply with the provisions specified in LAC 33:I.Chapter 19.

3. All major modification requests shall address the additional supplemental information required pursuant to LAC 33:VII.519.B.9 in relation to the proposed permit modification activity.

B. Public Notice of Modifications

1. Major modifications require public notice after a draft permit decision is prepared. Modifications to a permit that require public notice include, but are not limited to, the following:

a. a change in the types of waste to be received at a facility (e.g., where a facility is modified to accept industrial waste);

b. an increase in the volume or rate of waste to be received at a facility;

c. a physical expansion of the service area;

d. an increase in the capacity of a facility;

e. an extension of the operating hours or days of operation;

f. a change to the facility that may have an impact on traffic patterns;

g. a reduction in the number of groundwater sampling parameters or the number of groundwater monitoring wells;

h. a lateral or vertical expansion of the permitted area(s) for waste disposal, except for vertical expansion that would result in no net increase of in-place volume; or

i. other changes in the permit that tend to make the permit requirements less stringent.

2. Once an application for a permit modification that requires public notice has been determined by the Office of Environmental Services to be technically complete, the department shall proceed as follows:

a. For applications determined to be technically complete prior to November 20, 2011, the application shall be accepted for public review and the applicant shall provide additional copies as directed by the administrative authority. The department shall prepare a draft permit decision following the procedures in LAC 33:VII.513.G.2-6.

b. For applications determined to be technically complete on or after November 20, 2011, the department shall prepare a draft permit decision following the procedures of LAC 33:VII.513.G.1-6.

3. Mandatory modifications are considered to be enhancements and will require neither public notice nor public hearing.

C. No modification shall be instituted without the written approval of the administrative authority as follows.

1. For major modifications, the administrative authority shall issue a final permit decision after the public notice period required in LAC 33:VII.517.B.2. Final permit decisions shall follow the procedures outlined in LAC 33:VII.513.H and I.

2. For minor modifications, the administrative authority shall issue a final permit decision after review of the requested modification.

D. Operation of a modified construction feature or unit of a standard permitted facility may commence after the provisions of LAC 33:VII.407.C are met.

La. Admin. Code tit. 33, § VII-517

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended by the Office of the Secretary, LR 25:661 (April 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2520 (November 2000), amended by the Office of Environmental Assessment, LR 30:2033 (September 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2430, 2490 (October 2005), LR 33:1039 (June 2007), LR 33:2145 (October 2007), LR 37:3241 (November 2011), amended by the Office of the Secretary, Legal Division, LR 40:294 (February 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2014. 2