La. Admin. Code tit. 33 § VII-513

Current through Register Vol. 50, No. 5, May 20, 2024

Section VII-513 - Permit Process for Existing Facilities and for Proposed Facilities

A. Applicability. Solid waste permit applications and application processing shall be subject to the following requirements.

1. Permit holders who have been issued a final permit or modification prior to November 20, 2011, and have been issued an order to commence prior to November 20, 2011, shall follow the existing permit or modification. Any changes requested to the existing permit shall follow the procedures outlined in Subsections B-K of this Section.

2.

a. Permit holders who have been issued a final permit or modification prior to November 20, 2011, and have not been issued an order to commence prior to November 20, 2011, shall submit a construction certification to the Office of Environmental Services, signed by a professional engineer, licensed in the state of Louisiana, after completion of any necessary construction or upgrades, that the facility has been constructed or upgraded in accordance with the permit. Unless a longer time period is set by mutual agreement, within 15 working days of receipt of construction certification by the Office of Environmental Services, the administrative authority shall conduct a start-up inspection. Within 15 working days after a new, existing, or modified facility has undergone an initial start-up inspection, the administrative authority shall either issue an order authorizing commencement of operations or a written notice of deficiency to the permittee, unless a longer time period is set by mutual agreement.

b. Permit holders who have been issued an initial final permit prior to November 20, 2011, and have not been issued an order to commence prior to November 20, 2011, shall provide written confirmation from the appropriate municipal or parish governing authority where the facility will be located, dated within 180 days prior to receiving an order to commence, indicating that the facility is or will be in compliance with all existing local zoning and land use restrictions.

3. Applicants for solid waste permits or major modifications who submitted an application prior to November 20, 2011, and have not yet been issued a final permit shall not be required to submit a new application form, unless required by the administrative authority. However, those applicants shall be required to comply with the requirements of LAC 33:VII.513.B.1 and 2, as applicable.

4. All solid waste permit applications and modification applications submitted after November 20, 2011, shall follow the procedures of LAC 33:VII.513.B-K, as applicable.

B. Pre-Application Requirements. All prospective applicants for solid waste permits, except for those applicants exempted under Paragraphs 9-12 of this Subsection, shall comply with the following requirements prior to submitting an application for a solid waste permit.

1. The prospective applicant shall conduct a capacity evaluation regarding the need for the type of facility to be requested in the location proposed. This capacity evaluation shall consider existing capacity within the proposed service area of the facility. The prospective applicant shall forward the results of the evaluation to the administrative authority for review. The administrative authority shall respond to the evaluation within 90 days of submittal and the response shall indicate the administrative authority's concurrence or non-concurrence.

2. The prospective applicant shall obtain written confirmation from the appropriate municipal or parish governing authority where the facility is proposed to be located indicating that the facility is or will be in compliance with all existing local zoning and land use restrictions. The written confirmation may be submitted on a form provided in the application. The prospective applicant shall forward a copy of the written confirmation to the administrative authority for review. If the municipal or parish governing authority fails to provide to the applicant the requested written confirmation within 90 days of the request by the applicant, the applicant shall provide all information submitted to the municipal or parish governing authority regarding the request to the administrative authority and may submit the permit application without the written confirmation. Failure to include the written confirmation with applications submitted after the 90 day time frame above shall not constitute grounds for the application to be deemed administratively incomplete in accordance with LAC 33:I.1505. The administrative authority shall request that the municipal or parish governing authority provide a response within 60 days. If the municipal or parish governing authority fails to provide a response to the department within the 60 days, the administrative authority shall consider the applicant in compliance with all existing local zoning and land use restrictions.

3. The prospective applicant shall file an emergency response plan, as defined in LAC 33:VII.115.A, with the Louisiana state fire marshal as a special structures plan, prior to submittal of a new or renewal application for a solid waste permit. The content of the plan shall be in accord with applicable sections of LAC 33:VII.Chapter 7. A copy of the plan shall also be sent to the Office of Environmental Services. Except as provided for in LAC 33:VII.513.B.4 or 5, no application for a permit to process or dispose of solid waste shall be filed with nor accepted by the administrative authority until the plan is approved by the Louisiana state fire marshal. The prospective applicant shall forward a copy of the approval to the Office of Environmental Services. The approved emergency response plan shall be considered applicable to subsequent permit applications submitted by the same applicant, unless a revised plan is filed with the Louisiana state fire marshal.

4. Any emergency response plan approved by the fire marshal before June 20, 2011, must be revised and submitted to the Louisiana fire marshal as a special structures plan, prior to submittal of a permit application or permit renewal application for a solid waste permit. The content of the revised plan shall be in accord with applicable sections of LAC 33:VII.Chapter 7. A copy of the revised plan shall also be sent to the Office of Environmental Services. Except as provided for in LAC 33:VII.513.B.4 or 5, after June 20, 2011, no application for a permit to process or dispose of solid waste shall be filed with nor accepted by the administrative authority unless the plan has been approved by the Louisiana state fire marshal subsequent to June 20, 2011. The prospective applicant shall forward a copy of the approval to the Office of Environmental Services. Any revised emergency response plan approved after June 20, 2011, shall be considered applicable to subsequent permit applications submitted by the same applicant, unless a revised plan is filed with the Louisiana state fire marshal.

5. The requirements of Paragraph B.3 of this Section shall not apply if the prospective applicant can demonstrate that he has the ability to meet the emergency response requirements listed below. The prospective applicant shall provide this demonstration to the Office of Environmental Services and the Louisiana state fire marshal, at least 30 days prior to submittal of a new or renewal solid waste application.

a. Requirements for Demonstration

i. The prospective applicant shall describe arrangements (including contracts, where applicable) for providing his own emergency response services.

ii. The minimum qualification for firefighters/emergency responders shall be that of operations level responder from the National Fire Protection Association, Standard 472, or other appropriate requirement from an applicable National Fire Protection Association standard. At least one person trained to this level shall respond in any incident requiring activation of emergency response services.

iii. The demonstration shall include a list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment.

6. The requirements of Paragraph B.3 of this Section shall not apply to permit modification requests, or to applications for permits (initial or renewal), deemed technically complete prior to June 20, 2011, except as directed by the administrative authority.

7. Pre-Application Public Notice

a. Prospective applicants shall publish a notice of intent to submit an application for a permit. This notice shall be published within 45 days prior to submission of the application to the Office of Environmental Services. The notice shall be published one time as a single classified advertisement in the legal or public notices section of the official journal of the state and a major local newspaper of general circulation in the area where the facility is located. If the facility is in the same parish or area as the official journal of the state, a single classified advertisement in the legal or public notices section of the official journal of the state shall be the only public notice required.

b. The public notice shall be published in accordance with the form provided in LAC 33:VII.3001.Appendix A.

8. Post-Application Public Notice

a. All applicants shall publish a notice of application submittal within 45 days after submitting the application to the Office of Environmental Services. This public notice shall be published one time as a single classified advertisement in the legal or public notices section of the official journal of the state and a major local newspaper of general circulation in the area where the facility is located. If the facility is in the same parish or area as the official journal of the state, a single classified advertisement in the legal or public notices section of the official journal of the state shall be the only public notice required.

b. The public notice shall be published in accordance with the form provided in LAC 33:VII.3003.Appendix B.

9. All prospective applicants are encouraged to meet with representatives of the Waste Permits Division prior to the preparation of a solid waste permit application to inform the department of the plans for the facility.

10. Applicants who are Type I only and who also do not propose to accept waste from off-site, other than off-site waste from affiliated persons, such as the applicant or any person controlling, controlled by, or under common control with, the applicant, are exempt from the requirements of LAC 33:VII.513.A.2.b and Paragraphs 1-2 of this Subsection.

11. Applicants for renewal or major modification of an existing permit are exempt from the requirements of Paragraphs 1-2 of this Subsection, provided that the application does not include changes that would constitute a physical expansion of the area(s) in which solid wastes are disposed beyond the facility's existing boundaries as set forth in the facility's existing permit.

12. Applicants for closure permits, applicants seeking authorization under a general permit, and minor modification requests are exempt from Paragraphs 1-5 of this Subsection.

13. Applicants whose types are I-A only or II-A only, or both I and I-A or both I-A and II-A are exempt from the requirements of Paragraphs 1 and 2 of this Subsection.

C. Permit Application Requirements

1. Any person who generates, transports, or stores solid waste, and is not issued a permit, but is under the jurisdiction of the department, shall comply with the applicable provisions of these regulations.

2. Submittal of Permit Applications

a. Any applicant for a standard permit for existing or proposed processing or disposal facilities shall complete all parts of a permit application as described in LAC 33:VII.519, and submit three paper copies to the Office of Environmental Services. All applicants shall also submit three electronic copies of the application, in a format acceptable to the department, with the submittal of the paper copies. All attachments shall be marked with appropriate tabs. In lieu of submitting three paper and three electronic copies of the permit application, the applicant may submit the permit application electronically via the internet when the department's internet site allows for such submittals.

b. Any applicant seeking authorization under a general permit shall follow the application/notice of intent provisions specified in the general permit.

c. Any applicant for a closure permit shall file an application for a closure permit. The closure permit application shall provide the information specified in LAC 33:VII.515.

d. Each application for which a permit application fee is prescribed shall be accompanied by a remittance in the full amount of the appropriate fee. No application shall be accepted or processed prior to payment of the full amount specified.

e. A completed separate standard permit application for each existing facility shall be submitted to the Office of Environmental Services within 180 days after issuance of a temporary permit.

f. All applications submitted shall be available for public review via the department's electronic document management system as soon as practicable, subject to the confidentiality provisions of LAC 33:I.Chapter 5.

D. Notices to Parish Governing Authorities. As provided in R.S. 30:2022, upon receipt of a permit application the Office of Environmental Services shall provide written notice on the subject matter to the parish governing authority, which shall promptly notify each parish municipality affected by the application.

E. Permit Application Review and Evaluation

1. LAC 33:VII.Chapters 5, 7, 8, 13 and 15 establish the evaluation criteria used by the administrative authority.

2. The applicant shall make available to the department the assistance of professional engineers or other trained individuals responsible for the design of the facility to explain the design and operation.

3. The applicant shall furnish all other technical information the department may require to evaluate the standard permit application, monitor the performance of the facility, and insure that the purposes of this program are met.

F. Standard Permit Applications Deemed Unacceptable or Deficient

1. Applications deemed unacceptable for technical review will be rejected. For the administrative authority to reconsider the application, the applicant shall resubmit the entire standard permit application to the Office of Environmental Services, including the review fee, by a reasonable due date set by the administrative authority.

2. Applicants submitting applications that are acceptable for technical review, but lack the information outlined in these regulations, will be informed of such deficiencies. These deficiencies shall be corrected by the submission of supplementary information by a reasonable due date set by the administrative authority.

3. The supplementary information as referenced in Paragraph F.2 of this Section shall address all deficiencies and/or show significant progression in addressing all outstanding deficiencies, or the application may be denied.

G. Draft Permit Decision

1. Once an application is deemed technically complete, the administrative authority shall prepare a draft permit decision to issue or deny the requested permit. If a draft permit is prepared, the draft permit shall contain the following information:

a. all conditions proposed for a final permit under LAC 33:VII.Subpart 1; and

b. any compliance schedules proposed for the facility.

2. Fact Sheet. For all draft permit decisions, including draft denials, the administrative authority shall prepare a fact sheet describing the department's reasoning for the issuance of the draft permit decision. The fact sheet shall contain:

a. a brief description of the facility and the activity which is the subject of the draft permit decision;

b. the type and quantity of wastes which are proposed to be or are being processed or disposed;

c. a brief summary of the justification for the draft permit conditions (not applicable to draft denials), including references to any applicable statutes or regulations;

d. a description of the procedures for reaching a final decision including:

i. a description of the public comment period under LAC 33:VII.513.G.3 and the address where comments will be received; and

ii. procedures for requesting a hearing;

e. the name and telephone number of a person to contact for additional information; and

f. any additional information, as necessary.

3. Public Notice. The Office of Environmental Services shall publish a notice of the draft permit decision one time as a single classified advertisement in the legal or public notices section of the official journal of the state and a major local newspaper of general circulation in the area where the facility is located. If the facility is in the same parish or area as the official journal of the state, a single classified advertisement in the official journal of the state shall be the only public notice required. The public notices shall solicit comment from interested individuals and groups. Comments received by the administrative authority within the timeframe specified in the public notice shall be reviewed by the Office of Environmental Services prior to the preparation of a final decision. The costs of publication shall be borne by the applicant. The applicant shall furnish the contact information (including name and/or title, address, and telephone number) for the person who shall be responsible for receiving the invoice from the newspaper(s). Proof of payment for the public notice shall be provided to the administrative authority if requested.

4. A copy of the draft permit decision shall be sent to the parish library in the parish where the facility is located for public review.

5. A copy of the draft permit decision shall be sent to the appropriate regional office and shall be made available for public review.

6. A copy of the draft permit decision shall be sent to the parish governing authority where the facility is located.

7. Closure permits based on closure plans or applications, if not received as part of a permit application for a standard permit, shall not follow the draft permit decision process. Once a closure plan or application is deemed adequate, the administrative authority shall issue a closure permit.

H. Issuance of a Final Permit Decision

1. The administrative authority shall issue a standard permit or a general permit, or shall issue a standard permit denial, including reasons for the denial, after the public notice period specified in Paragraph G.3 of this Section has ended.

2. A closure permit may be issued to allow closure activities to be accomplished at a facility that has been issued a standard permit denial but has previously accepted waste under a prior permit or an order.

3. The administrative authority may issue authorization to operate under the conditions of a general permit in lieu of a standard permit, provided the applicant meets the requirements to operate under the general permit.

I. Public Notice of Final Permit Decision for Standard or General Permit. No later than 20 days following the issuance of a final permit decision for a standard or general permit, the administrative authority shall publish a notice of the final permit decision on the department's internet site, in the public notices section. This does not apply to authorizations to operate under a general or regulatory permit. No notice will be sent, except to those persons who commented on the draft permit decision and to those persons who have requested to be provided written notice.

J. As a permit condition, the department shall establish a time frame for the facility to submit any necessary construction certifications required by the administrative authority.

K. All necessary construction shall begin within 18 months of the effective date of the permit, unless a longer term is specified in the permit. If a permittee fails to begin construction within the 18 month period or as otherwise specified in the permit, the permittee shall repeat performance of the requirements listed in Subsection B (pre-application requirements) of this Section. The performance of these requirements shall be repeated by the permittee every 18 months until construction begins.

La. Admin. Code tit. 33, § VII-513

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2519 (November 2000), amended by the Office of Environmental Assessment, LR 30:2032 (September 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2488 (October 2005), LR 33:1037 (June 2007), LR 33:2143 (October 2007), LR 37:1563 (June 2011), LR 37:3238 (November 2011), repromulgated LR 37:3510 (December 2011), amended by the Office of the Secretary, Legal Division, LR 40:293 (February 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.