La. Admin. Code tit. 33 § IX-309

Current through Register Vol. 50, No. 5, May 20, 2024

Section IX-309 - Renewal and Termination

A. At least 180 days prior to the expiration date of a LWDPS permit issued pursuant to state law and this regulation, a permittee who wishes to continue to operate under such permit shall submit an application for renewal to the Office of Environmental Services.

B. After receipt of an application for renewal of a LWDPS permit by a permittee, the department shall review the application and before issuing a draft permit shall be assured that:

1. the permittee is in compliance with or has substantially complied with the terms, conditions, requirements, and schedules for compliance of the existing permit;

2. the department has up-to-date information on the permittee's production levels, waste treatment practices and the nature, contents and frequency of the permittee's discharge; and

3. the discharge is consistent with applicable effluent standards and limitations, water quality standards, and other applicable requirements, including any additions to, or revisions or modifications of the effluent standards and limitations, water quality standards or other applicable requirements.

C. If the applicant submits a timely and complete application pursuant to LAC 33:IX.309.A, and the department, through no fault of the applicant, fails to act on the application on or before the expiration date of the existing permit, the permittee shall continue to operate the facility under the terms and conditions of the expired permit which shall remain in effect until final action on the application is taken by the department. If the application is denied, the expired permit shall remain in effect until the appeal process has been completed and a final decision rendered unless the secretary finds that an emergency exists which requires that immediate action be taken and in such case any appeal or request for review shall not suspend the implementation of the action ordered. Permits continued under this Section remain fully effective and enforceable. If the conditions of any renewed permit are contested by the permittee pursuant to R.S. 30:2024, the effectiveness of permit conditions shall be governed by LAC 33:I.Chapter 4.

D. During all renewal or termination proceedings the entire application and/or permit is open for comment in a public hearing, subject to confidentiality in accordance with LAC 33:I.Chapter 5.

E. Causes for which the administrative authority may initiate enforcement action, terminate a permit during its term, or deny a permit renewal include but are not limited to:

1. noncompliance by the permittee with any condition of the permit;

2. failure to pay applicable fees;

3. failure in the application or during the permit issuance process to fully disclose all relevant facts, or the permittee's misrepresentation of any relevant facts at any time;

4. a determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination;

5. a change in any condition that requires either a temporary (more than 180 days) or a permanent reduction or elimination of any discharge controlled by the permit. This provision does not apply to any facility change which was considered during the permitting process;

6. due consideration of facility's history of violations and compliance; and/or

7. change of ownership or operational control (see LAC 33:IX.311.D).

F. A notice of intent to terminate will be sent to the permittee by certified mail and the permittee will be given an opportunity to show compliance with all lawful requirements for the retention of the permit.

G. Requests for renewal or termination do not suspend any permit condition during the processing of the request.

H. An applicant may request termination of a permit and the administrative authority may grant this request without the requirement for hearing.

La. Admin. Code tit. 33, § IX-309

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 11:1066 (November 1985), amended by the Office of the Secretary, LR 22:344 (May 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2541 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2505 (October 2005), LR 33:2161 (October 2007), amended by the Office of the Secretary, Legal Division, LR 38:2769 (November 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)