La. Admin. Code tit. 33 § V-311

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

Section V-311 - Establishing Permit Conditions

A. In addition to conditions required in all permits, the administrative authority shall establish conditions, as required on a case-by-case basis, under duration of permits, schedules of compliance, monitoring, for considerations under federal law, and to provide for and assure compliance with all applicable requirements of LAC 33:V.Subpart 1 and its regulations.

B. New or reissued permits, modified, or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in LAC 33:V.309.

C. All permit conditions shall be incorporated expressly, or with specific citation to the applicable regulations or specific permit requirements.

D. All permits for facilities with pre-existing groundwater contamination shall contain a permit condition containing the concentration limits of hazardous constituents established consistent with LAC 33:V.3305, 3307 and 3309. In no case shall other than background concentration limits be listed in the initial permit. Compliance with corrective action programs required in LAC 33:V.3303, 3319 and 3321 of the chapter will constitute a permitted variance. Corrective action programs shall be reviewed annually and may be based on predictive computer modeling. Alternate concentrations provided in LAC 33:V.3309.A or B may be set by permit amendment should the original concentration limits be unattainable within a 36-month timeframe.

E. Each RCRA permit shall include permit conditions necessary to achieve compliance with Subtitle II of Title 30 of the Louisiana Revised Statutes and LAC 33:V.Chapters 10, 11, 15, 17, 19, 21, 22, 23, 25, 27, 28, 29, 30, 31, 32, 33, 35, 37, and 41. In satisfying this provision the administrative authority may incorporate applicable requirements of LAC 33:V.Chapters 10, 11, 15, 17, 19, 21, 22, 23, 25, 27, 28, 29, 30, 31, 32, 33, 35, 37, and 41 directly by reference into the permit or establish other permit conditions that are based on these regulations. Each permit issued under Subtitle II of Title 30 of the Louisiana Revised Statutes shall contain terms and conditions as the administrative authority determines necessary to protect human health and the environment.

F. RCRA Permits for Hazardous Waste Combustion Units. If, as the result of an assessment or other information, the administrative authority determines that conditions are necessary in addition to those required under 40 CFR Part 63, Subpart EEE, as incorporated by reference at LAC 33:111.5122, or LAC 33:V.Chapters 10, 11, 15, 17, 19, 21, 22, 23, 25, 27, 28, 29, 30, 31, 32, 33, 35, 37, and 41, to ensure protection of human health and the environment, the administrative authority shall include those conditions in a RCRA permit for a hazardous waste combustion unit.

La. Admin. Code tit. 33, § V-311

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 10:280 (April 1984), LR 16:220 (March 1990), LR 18:1256 (November 1992), LR 20:1000 (September 1994), amended by the Office of the Secretary, Legal Affairs Division, LR 34:619 (April 2008), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46900 (7/1/2020).

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