La. Admin. Code tit. 33 § V-315

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

Section V-315 - Duration of Permit

Hazardous waste permits shall be effective for a fixed term not to exceed 10 years. Except as provided in LAC 33:V.315.A, the term of a permit shall not be extended by modification beyond the maximum duration specified in this Section. The administrative authority may issue any permit for a duration that is less than the full allowable term under this Section. Each permit for a land disposal facility shall be reviewed by the administrative authority five years after the date of permit issuance or reissuance and shall be modified, suspended, or terminated, as necessary, as provided in LAC 33:V.323.

A. Continuation of Expiring Permits. The conditions of an expired permit continue in force until the effective date of a new permit if:

1. the permittee has submitted a timely application under LAC 33:V.517 and the applicable sections in LAC 33:V.519-533 which is a complete (under LAC 33:V.503) application for a new permit; and

2. the administrative authority through no fault of the permittee, does not issue a new permit with an effective date under LAC 33:V.705 on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints).

B. Effect. Permits continued under this Section remain fully effective and enforceable.

C. Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit, the administrative authority may choose to do any or all of the following:

1. initiate enforcement action based upon the permit which has been continued;

2. issue a notice of intent to deny the new permit under LAC 33:V.703.C.2. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;

3. issue a new permit under LAC 33:V.303 with appropriate conditions; or

4. take other actions authorized by these regulations.

D. An EPA issued permit does not continue in force beyond its expiration date under federal law if at that time a state is the permitting authority. States authorized to administer the RCRA program may continue either EPA or state-issued permits until the effective date of the new permits.

La. Admin. Code tit. 33, § V-315

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 20:1000 (September 1994).

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