La. Admin. Code tit. 33 § V-703

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

Section V-703 - Permit Evaluation

A. Application Distribution. Upon acceptance of an application for review, the administrative authority will distribute copies of the application (Part I) for review and comment to: the public (filed with local libraries or other public facility), notification of which is to be published in a bulletin (see LAC 33:V.717), and as an ad in a local newspaper; Department of Health and Hospitals, Office of Health Services and Environmental Quality; Department of Wildlife and Fisheries; Office of Public Works of the Department of Transportation and Development; or the successors to any of the above; and to local governing authorities of any municipality and parish within whose territorial jurisdiction the facility or activity is located.

B. Review Considerations

1. In conducting its review of the application, the administrative authority will consider the purpose and use of facilities, operations and monitoring plan, capacity, closure, site suitability, financial responsibility, legal considerations, special considerations deemed necessary by the administrative authority on a site specific basis, and local zoning ordinances.

2. Comment from the public and involved local, parish, state, and federal agencies will be reviewed. The administrative authority may consider that the agencies that do not comment within 45 days from the date the ad is published in the newspaper have no objection to the proposed operation.

3. The administrative authority will assist the operator in the modification of the permit application or facility design or operation by:

a. conducting staff discussions with operator, designing engineer, and other principals to discuss reasons for denial;

b. referencing to "state-of-the-art" procedures and methods which, if incorporated in the operation design, would allow permit reapplication; and

c. conducting staff evaluations of objectionable features of application.

4. Initial compliance inspections shall be made as follows:

a. for existing facilities as a part of permit application evaluation; or

b. for new facilities ready to begin operation, after a "Request to Perform Initial Inspection" is submitted by the operator to the administrative authority. This inspection determines that new construction was built in conformity with conditions of the permit by a certification from the operator and supervising engineer, and actual department inspection and evaluation.

5. Order to proceed, or to continue with operation shall be given as follows:

a. the administrative authority will issue to existing facilities a notice to continue operations, issue an interim permit for a specified length of time to continue, and cite measures which must be taken to satisfy the terms of the permit. Specific target dates will be listed in the permit and a report of compliance will be submitted as required to the administrative authority but in no case less than quarterly; or

b. to new facilities the administrative authority will issue a notice permitting operation under a standard permit or issue a list of modifications required, before an order to begin operation will be issued.

6. Mandatory Provisions. Operation of existing facilities during department action on the permit application is permitted, in accordance with provisions of the Act, except that when the continued operation of an existing facility is determined by the department to be causing or about to cause irreparable damage to the environment, or a serious threat to life or safety based on recognized criteria or standards, or both, the administrative authority shall institute immediate enforcement actions pursuant to LAC 33:V.107 of these regulations and the Act. During the time period effective as of November 19 1980, and to extend no longer than the date of issuance of an interim or standard permit, existing treatment, storage and disposal facilities are required to meet interim status standards, in addition to the requirements of prior permits issued before August 1, 1979. Failure to comply with applicable provisions of the interim status standards as set forth in LAC 33:V.Chapter 43 shall be a violation of these regulations.

7. If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under the applicable statutory provisions.

8. The effective date of an application is the date on which the administrative authority notifies the applicant that the application is complete as provided in LAC 33:V.303.M.

9. For each application from a major TSD facility, the administrative authority shall, no later than the effective date of the application, prepare and mail a project decision schedule to the applicant. The schedule shall specify target dates by which the administrative authority intends to:

a. prepare a draft permit;

b. give public notice;

c. complete the public comment period, including any public hearing; and

d. issue a final permit.

C. Draft Permits

1. Once an application is complete, the administrative authority shall tentatively decide whether to prepare a draft permit or to deny the permit.

2. If the administrative authority tentatively decides to deny the permit, a notice of intent to deny shall be issued. A notice of intent to deny the permit is a type of draft permit which follows the same procedures as any draft permit prepared under LAC 33:V.703.C.4. If the administrative authority's final decision is that the tentative decision to deny the permit was incorrect, the notice of intent to deny shall be withdrawn and a draft permit under LAC 33:V.703.C.3 shall be prepared.

3. If the administrative authority decides to prepare a draft permit, he shall prepare a draft permit that contains the following information:

a. all conditions under LAC 33:V.309 and 311;

b. all compliance schedules under LAC 33:V.325;

c. all monitoring requirements under LAC 33:V.309.J; and

d. all standards for treatment, storage, and/or disposal facilities and surface facilities for injection wells.

4. All draft permits prepared under this Section shall be accompanied by a fact sheet (LAC 33:V.703.D), and shall be based on the administrative record, publicly noticed (LAC 33:V.715) and made available for public comment (LAC 33:V.707). The administrative authority shall give notice of opportunity for a public hearing (LAC 33:V.711), and respond to comments (LAC 33:V.707).

D. Fact Sheet

1. A fact sheet shall be prepared for every draft permit. The fact sheet shall briefly set forth principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The administrative authority shall send this fact sheet to the applicant and, on request, to any other person.

2. The fact sheet shall include, when applicable:

a. a brief description of the type of facility or activity which is the subject of the draft permit;

b. the type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged;

c. a brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record;

d. reasons why any requested variances or alternatives to required standards do or do not appear justified;

e. a description of the procedures for reaching a final decision on the draft permit including:

i. the beginning and ending dates of the comment period and the address where comments will be received;

ii. procedures for requesting a hearing and the nature of that hearing;

iii. any other procedures by which the public may participate in the final decision; and

f. name and telephone number of a person to contact for additional information.

La. Admin. Code tit. 33, § V-703

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 21:564 (June 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2468 (November 2000).

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