La. Admin. Code tit. 33 § V-709

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

Section V-709 - Evidentiary Hearings on Operating Permit Applications for Commercial Hazardous Waste Treatment, Storage, Disposal, or Recycling Facilities

A. The purpose of an evidentiary hearing is to develop a record of facts, documents, testimony, and pleadings for submission to the administrative authority for consideration in making a permit decision.

B. Applicability

1. An evidentiary hearing shall be held after the technical review of an initial permit application for the operation of a proposed, nonexistent commercial hazardous waste treatment, storage, disposal, or recycling facility.

2. An evidentiary hearing may be held after the technical review of a permit application, other than an initial application for a proposed, nonexistent facility, for the operation of a commercial hazardous waste treatment, storage, disposal, or recycling facility upon a determination by the administrative authority that the hearing would be beneficial in making a permit decision. Considerations by the administrative authority in making this determination include, but are not limited to, fact-finding or clarification of issues.

3. Permit applications for which evidentiary hearings may be held pursuant to Paragraph B.2 of this Section include, but are not limited to:

a. initial permit applications for interim status facilities;

b. renewal permit applications for existing facilities; and

c. major modification (Class 2 or 3) applications for existing facilities (including requests for conversion of noncommercial status to commercial status).

C. The administrative authority shall give public notice of the hearing at least 30 days prior to the date scheduled for commencement of the hearing.

D. Public notice shall be given for all evidentiary hearings.

1. The administrative authority shall mail a copy of a notice to the following persons (any person otherwise entitled to receive notice under this Subsection may waive his or her rights to receive notice for any classes and categories of permits):

a. the applicant;

b. the parish governing authority;

c. those who request notice in writing and those who are on the area mailing list developed by the department.

2. The permit applicant shall publish a notice, provided by the administrative authority, in a daily or weekly major local newspaper of general circulation within the area affected by the facility or activity and in the official journal of the state.

3. The permit applicant shall provide for broadcasting the notice over a local radio station designated by the administrative authority.

4. The administrative authority shall require the applicant to provide and pay for the notifications in LAC 33:V.709.D.2 and 3 and submit proof thereof.

E. All public notices issued under LAC 33:V.709.D.1 and 2 shall contain the following minimum information:

1. name and address of the office processing the permit action for which notice is being given;

2. name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

3. a brief description of the business conducted at the facility or activity described in the permit application;

4. name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the permit application;

5. statement that intervention is required to participate at the hearing and a brief description of the procedures to qualify as an intervener;

6. date, time, and place of the hearing;

7. a brief description of the nature and purpose of the hearing; and

8. any additional information considered by the administrative authority to be necessary or proper.

F. Administrative procedures for adjudications contained in LAC 33:I.Chapter 3 shall apply to evidentiary hearings except as provided in LAC 33:V.709.G and H or where they are incompatible with the purpose of the evidentiary hearing as stated in LAC 33:V.709.A.

G. The presiding officer shall not make findings of fact, conclusions of law, or recommendations or render decisions on the merits of the permit application. The presiding officer's authority terminates once the record is complete and has been submitted to the administrative authority.

H. Administrative procedures for adjudications pertaining to intervention contained in LAC 33:I.323 shall apply to evidentiary hearings.

I. Upon completion of the evidentiary hearing, the administrative authority may require the applicant to submit additional relevant information to supplement the record.

J. No draft permit decision shall be issued until after the administrative authority has received and reviewed the record of the evidentiary hearing.

K. Unless otherwise directed by the secretary in writing, hearing officers hired pursuant to R.S. 30:2018 are hereby delegated authority to perform the functions of the presiding officer in evidentiary hearings.

La. Admin. Code tit. 33, § V-709

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 16:683 (August 1990), LR 17:362 (April 1991), LR 21:565 (June 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2469 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 34:69 (January 2008).

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