La. Admin. Code tit. 33 § V-309

Current through Register Vol. 50, No. 6, June 20, 2024

Section V-309 - Conditions Applicable to All Permits

Each permit shall include permit conditions necessary to achieve compliance with the Act and these regulations, including each of the applicable requirements specified in LAC 33:V.Subpart 1. In satisfying this provision, the administrative authority may incorporate applicable requirements of LAC 33:V.Subpart 1 directly into the permit or establish other permit conditions that are based on LAC 33:V.Subpart 1. The following conditions apply to all hazardous waste permits. All conditions applicable to permits shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations must be given in the permit.

A. Duty to Comply. The permittee must comply with all conditions of this permit except that the permittee need not comply with the conditions of this permit to the extent and for the duration such noncompliance is authorized in an emergency permit. Any permit noncompliance constitutes a violation of the Act and any amendments and is grounds for enforcement action, permit termination, revocation and reissuance or modification, or denial of a permit renewal application.

B. Duty to Reapply. If the permittee wishes to continue an activity regulated by the permit after the expiration date of the permit, the permittee must reapply for the permit as required in LAC 33:V.303.N. If the administrative authority does not issue a final decision on the reapplication on or before the expiration date of the permit, it shall remain in effect until the administrative authority issues a final decision.

C. Need to Halt or Reduce Activity Not a Defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

D. Duty to Mitigate. The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this permit.

E. Proper Operation and Maintenance

1. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures.

2. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

F. Permit Actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

G. Property Rights. This permit does not convey any property rights of any sort, or any exclusive privilege.

H. Duty to Provide Information. The permittee shall furnish to the administrative authority, within a reasonable time, any information which may be requested to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish, upon request, copies of records required to be kept by this permit.

I. Inspection and Entry. The permittee shall allow the administrative authority, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:

1. enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

2. have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

3. inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

4. sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the appropriate act, any substances or parameters at any location.

J. Monitoring and Records

1. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

2. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, the certification required by LAC 33:V.1529.B.19, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report, certification, or application. This period may be extended by request of the administrative authority at any time. The permittee shall maintain records from all groundwater monitoring wells and associated groundwater surface elevations, for the active life of the facilities, and for disposal facilities for the post-closure care period as well.

3. Records of monitoring information shall include:

a. the date, exact place, and time of sampling or measurements;

b. the individual(s) who performed the sampling or measurements;

c. the date(s) analyses were performed;

d. the individual(s) who performed the analyses;

e. the analytical techniques of methods used; and

f. the results of such analyses.

K. Signatory Requirement. All applications, reports, or information submitted to the administrative authority shall be signed and certified (see also LAC 33:V.507).

L. Reporting Requirements

1. Planned Changes. The permittee shall give notice to the Office of Environmental Services, as soon as possible, of any planned physical alterations or additions to the permitted facility.

2. Anticipated Noncompliance. The permittee shall give advance notice to the Office of Environmental Services of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.

3. For a new facility, the permittee may not treat, store, or dispose of hazardous waste; and for a facility being modified, the permittee may not treat, store, or dispose of hazardous waste in the modified portion of the facility except as provided in LAC 33:V.321.C until:

a. the permittee has submitted to the administrative authority by certified mail or hand delivery a letter signed by the permittee and a registered professional engineer stating that the facility has been constructed or modified in compliance with the permit; and

b. the administrative authority has inspected the newly modified or newly constructed facility and finds it is in compliance with the conditions of the permit or within 15 days of the date of receipt of the letter in LAC 33:V.303.I.1, the permittee has not received notice from the administrative authority of his or her intent to inspect, prior inspection is waived and the permittee may commence treatment, storage, or disposal of hazardous waste.

4. Transfers. The permit is not transferable to any person except with the written approval of the administrative authority. The administrative authority may require modification, or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary. In some cases, modification, or revocation and reissuance could be mandatory under LAC 33:V.Subpart 1.

5. Monitoring Reports. Monitoring results shall be reported at the intervals specified elsewhere in LAC 33:V.Subpart 1.

6. Compliance Schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule shall be submitted no later than 14 days after each schedule date.

7. The permittee shall report any noncompliance which may endanger health or the environment within 24 hours except as more immediate notification is required by the "Notification Regulations and Procedures for Unauthorized Discharges'' (see LAC 33:I.Chapter 39). At a minimum such notification must include:

a. information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies;

b. any information of a release or discharge of hazardous waste or of a fire or explosion from the HWM facility, which could threaten the environment or human health outside the facility;

c. the description of the occurrence and its cause shall include:

i. name, address, and telephone number of the owner or operator;

ii. name, address, and telephone number of the facility;

iii. date, time, and type of incident;

iv. name and quantity of material(s) involved;

v. the extent of injuries, if any;

vi. an assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable; and

vii. estimated quantity and disposition of recovered material that resulted from the incident;

d. a written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The administrative authority may waive the five-day written notice requirement in favor of a written report within 15 days.

8. Manifest Discrepancy Report. If a significant discrepancy in a manifest is discovered, the permittee must attempt to reconcile the discrepancy. If not resolved within fifteen days, the permittee must submit a report including a copy of the manifest to the Office of Environmental Services.

9. Unmanifested Waste Report. An unmanifested waste report must be submitted to the Office of Environmental Services within five days of receipt of unmanifested waste.

10. Annual Report. An annual report must be submitted to the Office of Environmental Services covering facility activities during the previous calendar year.

11. Other Noncompliance. The permittee shall report all instances of noncompliance not reported under LAC 33:V.309.L.1, 2, 6, and 7 at the time monitoring reports are submitted. The reports shall contain the information listed in LAC 33:V.309.L.1 and 7.

12. Other Information. If the permittee becomes aware that he failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application, or in any report to the administrative authority, he shall promptly submit such facts or information to the Office of Environmental Services.

M. Information Repository. The administrative authority may require the permittee to establish and maintain an information repository at any time, based on the factors set forth in LAC 33:V.708.C.2. The information repository will be governed by the provisions in LAC 33:V.708.C.3-6.

La. Admin. Code tit. 33, § V-309

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 10:496 (July 1984), LR 16:220 (March 1990), LR 16:614 (July 1990), LR 18:1256 (November 1992), LR 20:1000 (September 1994), LR 21:944 (September 1995), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:657 (April 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, L R 26:2466 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2453 (October 2005), LR 33:2099 (October 2007), Amended by the Office of the Secretary, Legal Affairs Division, LR 431139 (6/1/2017).

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