La. Admin. Code tit. 33 § V-323

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

Section V-323 - Suspension, Modification or Revocation and Reissuance, and Termination of Permits

A. When the administrative authority receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit [see LAC 33:V.309], receives a request for revocation and reissuance under this Section, or conducts a review of the permit file), he or she may determine whether one or more of the causes listed in LAC 33:V.323.B.2.c, and B.3.b for suspension, modification or revocation and reissuance, or termination exist. If cause exists, the administrative authority may suspend, modify or revoke and reissue, or terminate the permit accordingly, subject to the limitations of LAC 33:V.323.A, B.1, B.2.c, d and e, or B.3.b, and may request an updated application, if necessary. Permits may be reviewed for potential modification, suspension, or termination either at the request of any interested person (including the permittee) or upon the administrative authority's initiative. However, permits may be modified, or revoked and reissued, suspended or terminated only for the reasons specified in LAC 33:V.323.A, B.1, B.2.c, and B.3.b, or if the administrative authority receives notification of a proposed transfer of the permit (LAC 33:V.309.L.4). All requests shall be in writing, and shall contain facts or reasons supporting the request.

B. If the administrative authority decides the request is not justified, he or she shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearings. Denials by the administrative authority may be appealed to the Office of the Secretary, in accordance with R.S. 30:2050.21.

1. Suspension

a. The administrative authority may temporarily suspend the operator's right to accept additional hazardous waste to treat, store, or dispose of until violations are corrected. If violations are corrected, the administrative authority may lift the enforcement. Suspension of a permit and/or subsequent corrections of the causes of the suspension by the permittee shall not preclude the administrative authority from terminating the permit, if necessary. The administrative authority shall give notice to the operator, by registered mail, return receipt requested, of violation of the permit or act, listing the specific violations. If the operator fails to comply with this notice by correcting the cited violations within 30 days from date of notice, the administrative authority may issue an order requiring compliance within a specified time, or may commence a civil action in the district court in the parish in which the violation occurred for appropriate relief, including a temporary or permanent injunction. If the operator fails to take corrective action within the time specified in the order, the administrative authority shall assess a civil penalty, and may suspend or terminate the permit, all pursuant to LAC 33:V.Chapter 1 of these regulations and the Act.

b. For major infractions of the terms of the permit, the administrative authority may suspend the permit and require:

i. the operator to cease accepting hazardous waste or contracting for its treatment, storage, or disposal; or

ii. the operator to agree to a caretaker management of operations involving wastes which are being treated, stored, or have been disposed of on-site. The caretaker management shall be selected by the administrative authority from the following:

(a). operator's personnel acting under supervision of the administrative authority; or

(b). independent management firm operating under administrative authority supervision; or

(c). state operation;

iii. the total cost of the caretaker management shall be borne by the operator, by revenues from operation, or by calling upon the closure fund set up for this purpose;

iv. if the operator does not voluntarily agree to the caretaker management, appropriate legal action shall be taken by the administrative authority to institute the management operations to protect the public interest;

v. after exhausting all other remedies, the administrative authority shall request the attorney general to secure court authority to close the site, using closure funds for this purpose.

c. The operator may request reconsideration of the suspension order. The request shall stipulate the form requested: i.e., a staff conference, a public hearing, or an adjudicatory hearing.

2. Modification or Revocation and Reissuance

a. If the administrative authority tentatively decides to modify or revoke and reissue a permit under LAC 33:V.321.C.3 or 323, he or she shall prepare a draft permit under LAC 33:V.703.C incorporating the proposed changes. The administrative authority may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. In the case of revoked and reissued permits, the administrative authority shall require the submission of a new application. When a permit is modified, only the conditions subject to modification are reopened. When a permit is revoked and reissued, the entire permit is reopened and subject to revision, and the permit is reissued for a new term.

b. If a permit modification is requested by the permittee, the administrative authority shall approve or deny the request according to the procedures of LAC 33:V.321.C. Otherwise, a draft permit must be prepared and other procedures followed.

c. The following are causes for modification, but not revocation and reissuance, suspension or termination of permits. The following may be causes for revocation and reissuance, as well as modification, when the permittee requests or agrees:

i. material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit;

ii. the administrative authority has received information that justifies the application of different permit conditions;

iii. the standards or regulations on which the permit was based have been changed by statute, through promulgation of new or amended standards or regulations, or by judicial decision after the permit was issued. The owner or operator may request a permit modification for this cause only as follows:

(a). for promulgation of amended standards or regulations, when the administrative authority has revised, withdrawn, or modified that portion of the regulation or on which the permit condition was based, or has approved a state action with regard to standards on which the permit condition was based, and a permittee requests modification in accordance with LAC 33:V.323 within 90 days after notice of the action on which the request is based;

(b). for judicial decisions, a court of competent jurisdiction has remanded and stayed promulgated regulations, if the remand and stay concern that portion of the regulations or guidelines on which the permit condition was based, and a request is filed by the permittee in accordance with LAC 33:V.323 within 90 days of judicial remand;

iv. the administrative authority determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, materials shortage, or other events over which the permittee has little or no control, and for which there is no reasonably available remedy.

d. Notwithstanding any other provision in this Section, when a permit for a land disposal facility is reviewed by the administrative authority under LAC 33:V.315, the administrative authority shall modify the permit as necessary to assure that the facility continues to comply with the currently applicable requirements in LAC 33:V.Subpart 1.

e. Suitability of the facility location will not be considered a cause for permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.

3. Termination

a. If the administrative authority tentatively decides to terminate a permit under LAC 33:V.323.C.2, he shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under LAC 33:V.703.C. If a permit is terminated, the entire permit is reopened and subject to revision before the permit can be reissued for a new term.

b. The administrative authority may terminate a permit during its term or deny a permit renewal application for the following causes:

i. noncompliance by the permittee with any condition of the permit;

ii. the permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time;

iii. a determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by termination; or

iv. the administrative authority has received notification of a proposed transfer of the permit (see LAC 33:V.309.L.4).

c. The operator may request reconsideration of the termination order. The request shall stipulate the forum requested: i.e., a staff conference, a public hearing, or an adjudicatory hearing.

4. For major infractions of the terms of the permit, the administrative authority shall terminate the permit and require:

a. the operator to cease accepting hazardous waste or contracting for its treatment, storage, or disposal; or

b. the operator to agree to a caretaker management of operations involving wastes which are being treated, stored, or have been disposed of on-site. The caretaker management shall be selected by the administrative authority from the following:

i. operator's personnel acting under supervision of the administrative authority; or

ii. independent management firm operating under administrative authority supervision; or

iii. state operation.

c. The total cost of the caretaker management shall be borne by the operator, by revenues from operation, or by calling upon the closure fund set up for this purpose.

d. If the operator does not voluntarily agree to the caretaker management, appropriate legal action shall be taken by the administrative authority to institute the management operations to protect the public interest.

e. After exhausting all other remedies, the administrative authority shall request the attorney general to secure court authority to close the site, using closure funds for this purpose.

La. Admin. Code tit. 33, § V-323

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 14:790 (November 1988), LR 16:220 (March 1990), LR 16:614 (July 1990), LR 18:1256 (November 1992), LR 20:1109 (October 1994), LR 21:944 (September 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2467 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2454 (October 2005), LR 33:1625 (August 2007), LR 33:2100 (October 2007).

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