La. Admin. Code tit. 33 § V-325

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-325 - Compliance Schedule for Facilities Existing on the Effective Date of These Regulations

A. Applicability

1. The permit may, when appropriate, specify a schedule of compliance leading to compliance with the Act and any other regulations. Any schedules of compliance shall require compliance as soon as possible.

2. If a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates, except that:

a. the time between interim dates shall not exceed one year; or

b. if the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date; and

c. the permit shall be written to require that no later than 14 days following such interim date and the final date of compliance, the permittee shall notify the administrative authority in writing of its compliance or noncompliance with the interim or final requirements. Surface facilities for hazardous waste UIC wells shall be written to require schedules of compliance not later than one year after the effective date of the permit.

B. Alternate Schedules of Compliance. A permit applicant or permittee may cease conducting regulated activities rather than continue to operate and meet permit requirements as follows.

1. If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:

a. the permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or

b. the permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.

2. If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will insure timely compliance with applicable requirements.

3. If the permittee is undecided whether to cease conducting regulated activities, the administrative authority may issue or modify a permit to contain two schedules as follows:

a. both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a timely manner, if the decision is to continue conducting regulated activities;

b. one schedule shall lead to timely compliance with all applicable requirements; and the second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with all applicable requirements; and

c. each permit containing two schedules shall include a requirement that after the permittee has made a final decision under this Section, it shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities.

4. The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the administrative authority, such as a resolution of the board of directors of a corporation.

La. Admin. Code tit. 33, § V-325

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.