La. Admin. Code tit. 33 § I-403

Current through Register Vol. 50, No. 8, August 20, 2024

Section I-403 - Suspension of Contested Conditions

A. Except as noted in Subsection B of this Section, during the course of an adjudicatory hearing or de novo judicial proceeding regarding a contested permit condition, all permit conditions contested by the applicant shall be suspended. All other provisions of the permit shall be effective unless the administrative authority as defined in LAC 33:I.107.A elects to suspend uncontested permit provisions that are not severable from those contested by the applicant.

B. Unless otherwise approved by the administrative authority, in writing, a contested permit condition shall not be suspended when:

1. the suspension may result in the withdrawal of delegation to the state of any authorized federal environmental program;

2. the suspension of the contested condition would violate general or numeric criteria found in LAC 33:IX.1113;

3. the contested condition is based on guidelines adopted by reference in LAC 33:IX.4901;

4. the contested condition prevents degradation in an outstanding natural resources water body; or

5. the suspension of the contested condition results in a violation of any memorandum of understanding between the department and the United States Fish and Wildlife Service.

C. Existing Permitted Facilities. To the extent that conditions in a newly-issued permit are suspended under this Section, the applicant must comply with the corresponding conditions of the existing permit that was replaced by the newly-issued permit, unless compliance with those conditions would be technologically incompatible with compliance with other conditions in the new permit which have not been suspended.

D. Newly Permitted Facilities. When a permit condition for a new facility, new source, new discharger, or a recommencing discharger is suspended, the applicant shall be prohibited from commencing any activities that may result in a release or discharge to the environment that are regulated by the suspended permit condition or related permit conditions that are not severable from the contested condition.

La. Admin. Code tit. 33, § I-403

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Division, LR 38:2768 (November 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2011.