La. Admin. Code tit. 33 § VII-519

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

Section VII-519 - Permit Application Form(s)

A. The applicant shall complete a standardized permit application Form obtained from the Office of Environmental Services or the department's website. The form(s) to be used shall be based on the type of facility involved. If the application is for multiple facility types or unit types, the applicant shall combine the application forms into one application with common attachments. The application shall be completed following the information provided in the application guidance document, if applicable. Application form requirements shall be based on all Sections of LAC 33:VII as applicable.

B. Application Contents

1. General Facility Information. The following information is required from all applicants:

a. the name of the applicant (prospective permit holder) applying for a permit;

b. the facility name;

c. a description of the location of the facility (identify by street and number or by intersection of roads, or by mileage and direction from an intersection);

d. the geographic location (section, township, range, and parish where the facility is located, and the coordinates, as defined by the longitude and latitude to the second) of the center point of the facility;

e. the mailing address of the applicant;

f. the contact person for the applicant (the position or title of the contact person is acceptable);

g. the telephone number of the contact person;

h. the type and purpose of the operation (check each applicable box);

i. the status of the facility (if leased, state the number of years of the lease and provide a copy of the lease agreement);

j. the operational status of the facility;

k. the total site acreage and the amount of acreage that will be used for processing and/or disposal;

l. a list of all environmental permits that relate directly to the facility represented in this application, including:

i. those permits which the applicant has been issued with dates of issuance; and

ii. those permits for which the applicant has applied or intends to apply;

m. the zoning of the facility that exists at the time of the submittal of the permit application. (Note the zone classification and zoning authority, and include documentation stating that the proposed use does not violate existing land-use requirements.);

n. the types of waste to be processed or disposed by the facility, maximum quantities (wet tons/week and wet tons/year) of waste to be processed or disposed by the facility, and sources of waste to be processed or disposed by the facility. The applicant shall provide a breakdown (by percent) of the following:

i. all waste processed or disposed that is to be generated on-site;

ii. all waste processed or disposed that is to be received from off-site sources located within Louisiana; and

iii. all waste processed or disposed that is to be received from off-site sources located outside of Louisiana;

o. the specific geographic area(s) to be serviced by the solid waste facility;

p. proof of publication of the notice regarding the submittal of the permit application as required in LAC 33:VII.513.B.6;

q. the signature, typed name, and title of the responsible official as defined in LAC 33:VII.115 authorized to sign the application;

r. proof of notification to the nearest airport and the Federal Aviation Administration; and

s. for previously permitted facilities, a brief history of the permit actions that have occurred at the site, including permits, modifications, and closure activities.

2. The following information regarding facility surface hydrology is required for all facilities:

a. a description of the method to be used to prevent surface drainage through the operating areas of the facility;

b. a description of the facility runoff/run-on collection system;

c. the rainfall amount from a 24-hour/25-year storm event;

d. the location of aquifer recharge areas in the site or within l,000 feet of the site perimeter, along with a description of the measures planned to protect those areas from the adverse impact of operations at the facility; and

e. if the facility is located in a flood plain, a plan to ensure that the facility does not restrict the flow of the 100-year base flood or significantly reduce the temporary water-storage capacity of the flood plain, and documentation indicating that the design of the facility is such that the flooding does not affect the integrity of the facility or result in the washout of solid waste.

3. The following information regarding facility plans and specifications is required for all facilities, unless otherwise indicated:

a. Certification. The person who prepared the permit application shall provide the following certification:

"I certify under penalty of law that I have personally examined and I am familiar with the information submitted in this permit application and that the facility as described in this permit application meets the requirements of LAC 33:VII.Subpart 1. I am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment."

b. Geotechnical field tests and laboratory tests shall be conducted in compliance with LAC 33:I.Subpart 3 and according to the standards of the American Society for Testing and Materials (ASTM) or the EPA or other applicable standards approved by the administrative authority. The results of these tests may be used for modeling and analysis purposes.

c. The following information is required for Type I and II facilities only:

i. detailed plan-view drawings showing original contours, proposed elevations of the base of units prior to installation of the liner system, and proposed final contours (e.g., maximum height);

ii. detailed drawings of slopes, levees, and other pertinent features;

iii the type of material and its source for levee construction. Calculations shall be performed to indicate the volume of material required for levee construction;

iv. representative cross sections showing original and final grades, drainage, the location and type of liner, and other pertinent information;

v. a description of the liner system, which shall include calculations of anticipated leachate volumes, rationales for particular designs of such systems, and drawings; and

vi. a description of the leachate collection and removal system, which shall include calculations of anticipated leachate volumes, rationales for particular designs of such systems, and drawings.

d. The following information is required for Type I, II, and III landfills only:

i. approximate dimensions of daily fill and cover; and

ii. the type of cover material and its source for daily, interim, and final cover. Calculations shall be performed to indicate the volume of material required for daily, interim, and final cover.

4. The following information regarding facility administrative procedures is required for all facilities as indicated.

a. The following information is required for all facilities:

i. a description of the recordkeeping system, including types of records to be kept, and the use of records by management to control operations as required;

ii. an estimate of the minimum personnel, listed by general job classification, required to operate the facility;

iii. the maximum days of operation per week and hours per facility operating day (maximum hours of operation within a 24-hour period); and

iv. an annual report or certification of compliance submitted to the administrative authority.

b. Type II and Type III facilities shall include the number of certified facility operators determined and certified by the Louisiana Solid Waste Operator Certification and Training Program Board (R.S. 37:3151 et seq. and LAC 46:Part XXIII).

5. The following information regarding facility operational plans is required for all facilities as indicated.

a. The following information is required for all facilities:

i. types of waste (including chemical, physical, and biological characteristics of industrial wastes generated on-site), maximum quantities of wastes per year, and sources of waste to be processed or disposed of at the facility;

ii. waste-handling procedures from entry to final disposition, which could include shipment of recovered materials to a user;

iii. minimum equipment to be furnished at the facility;

iv. plan to segregate wastes, if applicable;

v. procedures planned in case of breakdowns, inclement weather, and other abnormal conditions (including detailed plans for wet-weather access and operations);

vi. procedures, equipment, and contingency plans for protecting employees and the general public from accidents, fires, explosions, etc., and provisions for emergency response and care, should an accident occur (including proximity to a hospital, fire and emergency services, and training programs); and

vii. provisions for controlling vectors, dust, litter, and odors;

viii. a comprehensive operational plan describing the total operation, including but not limited to, inspection of incoming waste to ensure that only permitted wastes are accepted (Type II landfills shall provide a plan for random inspection of incoming waste loads to ensure that hazardous wastes or Toxic Substances Control Act (TSCA) regulated PCB wastes are not disposed of in the facility.); traffic control; support facilities; equipment operation; personnel involvement; and day-to-day activities. A quality-assurance/quality-control (QA/QC) plan shall be provided for facilities receiving industrial waste; domestic-sewage sludge; incinerator ash; asbestos-containing waste; nonhazardous petroleum-contaminated media; and debris generated from underground storage tanks (UST), corrective action, or other special wastes as determined by the administrative authority. The QA/QC plan shall include, but shall not be limited to, the necessary methodologies; analytical personnel; preacceptance and delivery restrictions; handling procedures; and appropriate responsibilities of the generator, transporter, processor, and disposer. The QA/QC plan shall ensure that only permitted, nonhazardous wastes are accepted;

ix. salvaging procedures and control, if applicable;

x. scavenging control; and

xi. a comprehensive air monitoring plan for facilities receiving waste with a potential to produce methane gases.

b. The following information is required for Type I and II landfarms only.

i. Items to be submitted, regardless of land use, include:

(a). a detailed analysis of waste, including but not limited to, pH, phosphorus, nitrogen, potassium, sodium, calcium, magnesium, sodium-adsorption ratio, and total metals (as listed in LAC 33:VII.715.D.3.b);

(b). soil classification, cation-exchange capacity, organic matter, content in soil, soil pH, nitrogen, phosphorus, metals (as listed in LAC 33:VII.715.D.3.b), salts, sodium, calcium, magnesium, sodium-adsorption ratio, and PCB concentrations of the treatment zone; and

(c). annual application rate (dry tons per acre) and weekly hydraulic loading (inches per acre).

ii. Items to be submitted in order for landfarms to be used for food-chain cropland include:

(a). a description of the pathogen-reduction method for septage, domestic sewage sludges, and other sludges subject to pathogen production;

(b). crops to be grown and the dates for planting;

(c). PCB concentrations in waste;

(d). annual application rates of cadmium and PCBs; and

(e). cumulative applications of cadmium and PCBs.

iii. Items to be submitted for landfarms to be used for non-food-chain purposes include:

(a). a description of the pathogen-reduction method for septage, domestic sewage sludges, and other sludges subject to pathogen production; and

(b). a description of control of public and livestock access.

c. The following information is required for Type I-A and II-A incinerator waste-handling facilities and refuse-derived energy facilities only:

i. a description of the method used to handle process waters and other water discharges that are subject to NPDES/LPDES permit and state water discharge permit requirements and regulations; and

ii. a plan for the disposal and periodic testing of ash. (All ash and residue shall be disposed of in a permitted facility.).

d. The following information is required for Type I-A and II-A refuse-derived fuel facilities and Type III separation and composting facilities only:

i. a description of the testing to be performed on the fuel or compost; and

ii. a description of the uses for and the types of fuel/compost to be produced.

e. Type I-A and II-A refuse-derived fuel facilities and Type III separation and composting facilities shall include a description of marketing procedures and control.

6. The following information regarding facility closure is required for all facilities as indicated.

a. The closure plan for all facilities shall include the following:

i. the date of final closure;

ii. the method to be used and steps necessary for closing the facility; and

iii. an itemized cost of closure of the facility, based on the estimated cost of hiring a third party to close the facility at the point in the facility's operating life when the extent and manner of its operation would make closure the most expensive.

b. The closure plan for all Type I and II landfills and surface impoundments shall include the following:

i. a description of the final cover and the methods and procedures used to install the cover;

ii. an estimate of the largest area of the facility ever requiring a final cover at any time during the active life;

iii. an estimate of the maximum inventory of solid waste ever on-site over the active life of the facility;

iv. a schedule for completing all activities necessary for closure.

c. The closure plan for all Type I and II facilities and Type III woodwaste and construction/demolition debris facilities shall include the following:

i. the sequence of final closure of each unit of the facility, as applicable;

ii. a drawing showing final contours of the facility; and

iii. a copy of the document that will be filed upon closure of the facility with the official parish recordkeeper indicating the location and use of the property for solid waste disposal, unless the closure plan specifies a clean closure.

7. The following information regarding facility post-closure is required for all facilities as indicated.

a. The post-closure plan for all facilities shall include the following:

i. discussion of the long-term use of the facility after closure, as anticipated; and

ii. an itemized cost of conducting post-closure of the facility, based on the estimated cost of hiring a third party to conduct post-closure activities in accordance with the closure plan.

b. The post-closure plan for Type I and II facilities shall include the following:

i. the method for conducting post-closure activities, including a description of the monitoring and maintenance activities and the frequency at which they will be performed;

ii. the method for abandonment of monitoring systems, leachate collection systems, gas-collection systems, etc.;

iii. measures planned to ensure public safety, including access control and gas control; and,

iv. a description of the planned uses of the facility during the post-closure period.

8. Documentation of financial responsibility meeting the requirements of LAC 33:VII.Chapter 13 shall be included for all facilities. The following shall be included in the documentation:

a. the name and address of the person who currently owns the land and the name and address of the person who will own the land if the permit is granted (if different from the permit holder, provide a copy of the lease or document which evidences the permit holder's authority to occupy the property); or

b. the name of the agency or other public body that is requesting the permit, or if the agency is a public corporation, its published annual report, or if otherwise, the names of the principal owners, stockholders, general partners, or officers;

c. existing facilities shall provide evidence of a financial assurance mechanism for closure and/or post-closure care and corrective action for known releases when needed. Proposed facilities shall acknowledge they will be required to obtain financial assurance in accordance with LAC 33:VII.1303.A.2.

9. Information regarding facility site assessments is required for all facilities as indicated.

a. The following information is required for all solid waste processing and disposal facilities. All responses and exhibits shall be identified in the following sequence to facilitate the evaluation:

i. a discussion demonstrating that the potential and real adverse environmental effects of the facility have been avoided to the maximum extent possible;

ii. a cost-benefit analysis demonstrating that the social and economic benefits of the facility outweigh the environmental-impact costs;

iii. a discussion and description of possible alternative projects that would offer more protection to the environment without unduly curtailing nonenvironmental benefits;

iv. a discussion of possible alternative sites that would offer more protection to the environment without unduly curtailing nonenvironmental benefits; and

v. a discussion and description of the mitigating measures which would offer more protection to the environment than the facility, as proposed, without unduly curtailing nonenvironmental benefits.

b. An application for renewal or extension of an existing permit shall not be subject to submittal of the information required in LAC 33:VII.519.B.9.a, unless said renewal or extension encompasses changes that would constitute a major modification.

c. An application for a minor modification of an existing permit shall not be subject to submittal of the information required in LAC 33:VII.519.B.9.a.

10. The following facility groundwater monitoring information is required for all Type I and II facilities only:

a. a designation of each zone that will be monitored;

b. a map for each groundwater monitoring zone that depicts the locations of all monitoring wells (including proposed monitoring wells) that are screened in a particular zone and each zone's relevant point of compliance, along with information that demonstrates that monitoring wells meet the standards in LAC 33:VII.805.A.1 and 2. For proposed monitoring wells, the response to this requirement shall provide an implementation schedule for submitting a revised well location map showing all existing and proposed monitoring wells that are screened in each particular zone;

c. a geologic cross section along the perimeter of the facility showing screen intervals for existing and proposed monitoring wells, along with other applicable information required in LAC 33:VII.803.C.2.a. For proposed monitoring wells, the response to this requirement shall include an implementation schedule for revising applicable geologic cross sections to include the screen interval of the newly installed monitoring wells and other applicable information required in LAC 33:VII.803.C.2.a;

d. a designation of each monitoring well (including any proposed monitoring wells) as either "background" or "down gradient," for each zone that will be monitored;

e. a table displaying pertinent well construction details for each monitoring well, including the elevation of the reference point for measuring water levels to the National Geodetic Vertical Datum (NGVD), the elevation of the ground surface (NGVD), the drilled depth (in feet), the depth to which the well is cased (in feet), the depth to the top and bottom of the bentonite seal (in feet), the depth to the top and bottom of the screen (in feet), the slot size, the casing size, and the type of grout; and as-built diagrams (cross sections) of each well providing the aforementioned well construction details. For proposed monitoring wells, the response to this requirement shall provide an implementation schedule for submitting the information specified in this requirement;

f. a demonstration that the monitoring wells are constructed according to the standards in LAC 33:VII.805.A.3. For proposed monitoring wells, the response to this requirement shall provide an implementation schedule for submitting the information specified in this requirement;

g. for an existing facility, all background data and at least three years of detection monitoring data from monitoring wells in place at the time of the permit application. If this data exists in the department records, the administrative authority may allow references to the data in the permit application. For an existing facility with no wells, groundwater data shall be submitted within 90 days after the installation of monitoring wells. For a new facility or expansion, groundwater data (one sampling event) shall be submitted before waste is accepted;

h. a sampling and analysis plan that meets the standards in LAC 33:VII.805.B and includes a table that specifies each parameter, analytical method, practical quantitation limit, and Chemical Abstracts Service registry number (CAS RN); and

i. a plan for detecting, reporting, and verifying changes in groundwater.

C. In addition to the specific requirements listed in LAC 33:VII.519.B, the applicant is required to provide all information specified in the specific permit application(s) for the type(s) of facilities for which the applicant is applying. These specific application requirements are based on the technical requirements found in LAC 33:VII.Chapters 7 and 8 and will be specific to the type of application being completed.

D. Incomplete applications will not be accepted for review. The administrative authority shall notify the applicant when the application is determined to be incomplete. If the applicant elects to continue with the permit application process, the applicant shall follow the requirements provided in the notice. These requirements may include submitting additional information in the form of an application addendum or submitting a new application.

E. All applicants for solid waste permits shall comply with the requirements of LAC 33:I.1701.

F. All applicants shall submit the appropriate application fee as determined by LAC 33:VII.Chapter 15 at the time of application submittal. Any application submitted without the appropriate fee will be determined incomplete and shall not be processed until the fee is remitted.

G. The applicant shall submit any additional information determined necessary by the administrative authority for a proper determination or decision regarding the application, including information determined necessary to prepare a draft or final permit decision. This may include additional information for special processes or systems and for supplementary environmental analysis.

La. Admin. Code tit. 33, § VII-519

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 the Secretary, Legal Affairs Division, LR 33:1040 (June 2007), LR 33:2145 (October 2007), LR 37:3242 (November 2011), amended by the Office of the Secretary, Legal Division, LR 40:294 (February 2014).

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