La. Admin. Code tit. 33 § VII-525

Current through Register Vol. 50, No. 9, September 20, 2024

Section VII-525 - Certification of Compliance

A. All permitted facilities shall submit an annual certification of compliance by October 1 of each year covering the period of July 1 to June 30 immediately preceding the October 1 submittal date. This certification shall be submitted to the Office of Environmental Compliance, Surveillance Division. A form for Part I of the certification can be obtained from the Office of Environmental Compliance, however, Part II of the certification will be site specific and will set forth the site specific conditions that shall be certified in compliance with the permit. At a minimum, in addition to the requirements listed in Subsections B, C, and D of this Section, all certifications shall contain:

1. the name of the permit holder;

2. the address of the permitted facility;

3. the permit number for the facility;

4. the site identification number of the facility;

5. the agency interest identification number of the facility;

6. the name, title, address, and contact telephone number for the billing contact for the facility; and

7. any necessary calculations or conversion factors used for the certification.

B. The certification shall identify each deviation from specific permit conditions that require annual certification occurring during the reporting period and steps taken by the permit holder to return to permit conditions, as well as steps taken to insure deviations of a similar type are prevented in the future. Deviations may or may not constitute a violation of the Louisiana Environmental Quality Act or the solid waste regulations. Facilities with groundwater monitoring programs shall also identify any deviations or exceedances pertaining to the solid waste groundwater monitoring program as well as proposed remedial actions to achieve and maintain compliance with the facility's solid waste permit.

C. All certification forms shall contain the following certification of truth, accuracy, and completeness:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision according to a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

1. This certification shall be signed by a responsible official.

D. All permitted facilities shall provide and certify the following information annually and shall provide the methods used for determining compliance (e.g., monitoring, recordkeeping and reporting, etc.):

1. the types and quantities, in wet tons, of solid waste generated, including waste generated but sent off-site for disposal. Landfarm facilities shall report in dry and wet tons;

2. the types and quantities, in wet tons, of solid waste processed, including waste generated on-site and off-site, indicating percentage of each. For waste generated off-site, indicate whether the waste was generated in-state or out-of-state. Landfarm facilities shall report in dry and wet tons;

3. the types and quantities, in wet tons, of solid waste disposed, including waste generated on-site and off-site, indicating percentage of each. For waste generated off-site, indicate whether the waste was generated in-state or out-of-state. Landfarm facilities shall report in dry and wet tons;

4. the permitted capacity in cubic yards and wet tons;

5. the remaining capacity in cubic yards and wet tons;

6. the capacity used in the reporting period in cubic yards and wet tons;

7. the estimated remaining capacity in months and years;

8. the types and quantities (in wet tons and dry tons) of materials sent off-site for reuse and/or recycling, including the end use of the material;

9. for incinerator waste-handling facilities, shredders, balers, compactors, and transfer stations, the types and quantities of solid waste transported for disposal, in wet tons;

10. the facility has complied with the requirements of the Solid Waste Worker Certification program, if applicable;

11. the facility has paid all fees due to the department. If an invoice is in dispute, include a statement pertaining to the dispute;

12. any specific item required to be certified annually as listed in the permit;

13. for landfill facilities, the permitted total height of the landfill, including all cover materials;

14. for landfill facilities, the current height of the landfill, including all cover. The method of measurement shall be included in the certification, as well as the date the measurement was taken;

15. for air curtain destructors, identify the site and quantity of solid waste processed at each individual site;

16. the facility name, city, and state of the ultimate disposal site for any waste sent off-site for disposal;

17. the facility has updated all financial assurance estimates; and

18. the facility has updated, if required, its financial assurance mechanism.

E. In addition to those items listed in Subsection D of this Section, those permit holders who received their permit prior to November 20, 2011 shall also certify the following:

1. all reports required by the permit or regulations have been submitted as required; and

2. monitoring requirements have been met.

F. Permit holders who are issued a major modification after November 20, 2011 shall submit the annual compliance certification as specified in Subsection D of this Section and in the modified permit.

La. Admin. Code tit. 33, § VII-525

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 37:3246 (November 2011), repromulgated LR 37:3511 (December 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2154.