La. Admin. Code tit. 33 § IX-315

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

Section IX-315 - Public Information

A. A public notice shall be issued for every draft permit generated by the department, and it shall contain:

1. the name of the applicant and the location of the facility or activity;

2. a concise description of the applicant's activities and operations which result in the discharge identified in the permit application;

3. the name of the waterway to which the discharge is made, or is proposed to be made;

4. a statement of the tentative determination to issue or deny the permit for the discharge identified in the application;

5. a concise description of the procedures for the formulation of final determinations including information on the comment period prescribed in LAC 33:IX.315.D or other means by which interested persons may comment on the tentative determinations; and

6. the address and telephone number of the office where more information on the application may be obtained or where copies of the draft permit and fact sheet (where applicable) may be inspected or copied subject to the rules in LAC 33:IX.315.F.

B. The department shall send a copy of the public notice to all persons on a mailing list developed by the department and to any person who requests a copy of the public notice for that particular action. Distribution to the mailing list may be accomplished through mailing of a departmental bulletin.

C. The department shall send the public notice to the applicant who shall be responsible for publication of the notice once in the official state journal and once in any other local newspapers specified by the department. Upon publication, the applicant shall send the Office of Environmental Services a copy of the certificate of publication. The costs of publication shall be borne by the applicant.

D. The department shall provide a period of not less than 30 days nor more than 60 days following the date of the public notice during which time interested persons may submit their written views on the tentative determination with respect to the permit application and may request a public hearing. All written comments submitted during the period for comment shall be retained by the department and considered in the formulation of the final determinations for the permit application.

E. All public hearings, adjudicatory or adjudicative hearings, and their appropriate written notices shall be instituted as prescribed by the Rules of Procedure of the Department of Environmental Quality.

1. At the time that any final permit is issued, the department shall also issue a response to comments which shall be delivered to any person who commented and shall be available to the public. This response shall:

a. specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and

b. briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing.

F. All recorded information (completed permit application forms, fact sheets, draft permits or any public document) not classified as confidential information in accordance with LAC 33:I.Chapter 5 will be made available to the public for inspection and copying pursuant to the following conditions:

1. during normal office hours;

2. under the observation and supervision of the staff or a departmental contractor;

3. copies of compiled records and information will be made available within a reasonable amount of time upon written request at a cost in accordance with established department policy; and

4. no recorded information shall be removed from the department, except as provided herein.

La. Admin. Code tit. 33, § IX-315

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 26:2542 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2506 (October 2005), LR 33:2162 (October 2007).

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