Section VII-1006 - Public Notice and Public Hearing ProceduresA. Public Notice1. Applicability. This Section applies to permit applications for initial permits, permit renewals, and major modifications of CCR landfills and surface impoundments, which are subject to the requirements of this Chapter. The public notice and public comments requirements in LAC 33:VII.513.B.7. and 8. shall apply to permit applications for initial and renewal permits for CCR landfills and surface impoundments subject to the provisions of this Chapter, as well as major modification and final permit decisions issued pursuant to LAC 33:VII.Chapter 10, except as otherwise provided in this Section.2. Pre-Application Public Notice a. Prior to the submittal of a permit application, the applicant shall publish a public notice of intent to submit a permit application within 45 days prior to submission of the application in accordance with LAC 33:VII.513.B.7.b. Proof of publication shall be posted on the facility's public CCR website.3. Post-Application Public Notice a. After submittal of the permit application to the Louisiana Department of Environmental Quality, Office of Environmental Services, the applicant shall publish a public notice of submission within 45 days after submittal of the application in accordance with LAC 33:VII.513.B.8.b. Proof of publication shall be posted on the facility's public CCR website.4. Draft Permit Decision a. Once an application is deemed technically complete and a draft permit has been prepared, the draft permit shall be submitted for public notice in accordance with LAC 33:VII.513.G. and notification of public notices shall be published on the facility's public CCR website.b. The draft permit shall be sent to the local public library in the parish where the facility is located, LDEQ regional offices, and/or governing authority for public review.c. The draft permit shall be made available for public review in the department's electronic document management system.d. The public comment period will be a minimum of 30 days for permit applications and major modifications.e. The department will review and consider all public comments received during the public comment period prior to making a final decision on a permit.5. Final Permit Decision a. After the public notice period has ended, the department will issue a final decision on the permit in accordance with LAC 33:VII.513.H.b. No later than 20 days following the issuance of a final permit decision for a standard permit, the department shall publish a notice of final permit decision, in accordance with LAC 33:VII.513.I, on the department's website.c. The notice will be sent to those persons who commented on the draft permit decision or those who have requested to be provided written notice.B. Public Hearing 1. Applicability. Any public hearings held by the administrative authority will be conducted in accordance with LAC 33:VII.509.E. A public hearing shall be held for any CCR facility permit if the administrative authority determines, on the basis of comments received and/or other information, that a hearing is necessary or appropriate.2. The proceedings of all public hearings conducted pursuant to this Section shall be recorded and a copy of the recording, or a verbatim transcript recording, shall be filed in the record of the hearing.3. The department retains the discretion to hold a public hearing on any permit application that does not require a public hearing.4. Public notices of public hearings will be published in accordance with LAC 33:VII.509.E.6.La. Admin. Code tit. 33, § VII-1006
Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 501454 (10/1/2024).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.