La. Admin. Code tit. 33 § VII-10513

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

Section VII-10513 - Permit Process for Existing and Proposed Facilities

A. Applicant Public Notice

1. The prospective applicant shall publish a notice of intent to submit an application for a waste tire standard permit. This notice shall be published, 1 to 45 days prior to submission of the application to the administrative authority. This notice shall be published one time as a single classified advertisement in the legal or public notices section of the official journal of this state and in a major local newspaper of general circulation. If the affected area 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 will be the only public notice required.

2. The public notice shall be published in accordance with the form provided in LAC 33:VII. 11101, Public Notice Example-Appendix A.

3. Proof of publication of the notice shall be included in all waste tire standard permit applications for existing and proposed facilities submitted to the administrative authority.

B. Submittal of Permit Applications

1. Any applicant for a standard permit for an existing or proposed facility shall complete a waste tire standard permit application, and submit six copies to the administrative authority. Each individual copy of the application shall be in standard three-ring-bound documents measuring 8 1/2 by 11 inches. All appendices, references, exhibits, tables, etc., shall be marked with appropriate tabs.

2. Each waste tire standard permit application shall be accompanied by a remittance in the full amount of the appropriate waste tire standard permit application fee. No application shall be processed prior to payment of the full amount as specified in LAC 33:VII.10535.

C. Requirements for Public Notification of Permit Application

1. As provided in R.S. 30:2022 and 2418, upon receipt of a permit application the administrative authority shall provide written notice on the subject matter to the parish governing authority and each municipality affected by the application.

2. The administrative authority shall hold a public hearing within 60 days of submission of an application.

3. The applicant shall publish the hearing notice in the official journal of the parish or municipality on two separate days preceding the hearing. The last day of publication of such notice shall be at least 10 days prior to the hearing. The applicant shall provide the administrative authority with proof of publication.

4. The applicant shall post a notice of the hearing in prominent view of the public for two weeks prior to the hearing in the courthouse, government center, and all the libraries of the parish.

5. A public comment period of at least 30 days shall be allowed following the public hearing.

D. Permit Application Review and Evaluation

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

2. The applicant shall furnish all other technical information the administrative authority may require to evaluate the waste tire standard permit application, monitor the performance of the facility, and ensure that the purposes of this program are met.

E. Waste Tire Standard Permit Application Review

1. Applications shall be subject to the completeness and technical review requirements of LAC 33:I.1505.A and B.

2. Applications that are determined to be unacceptable for a technical review shall be rejected. The applicant shall be required to resubmit the application to the administrative authority.

3. An applicant whose application is acceptable for technical review, but lacks the necessary information, shall be informed of such in a deficiency letter. These deficiencies shall be corrected by submission of supplementary information within 30 days after receipt of the deficiency letter.

F. Standard Permit Applications Deemed Technically Complete

1. An application that has been deemed technically complete will be accepted for public review. When the permit application is accepted for public review, the administrative authority shall request an additional six copies, or more if necessary. The copies shall be distributed for public review as follows:

a. one copy to the local parish governing authority;

b. one copy to the municipal governing authority;

c. one copy to the main branch of the parish public library;

d. one copy to the departments respective regional office; and

e. two copies to remain with the department.

2. Each copy of the permit application shall be provided as a standard three-ring-bound document (8 1/2 by 11 inches). The application shall incorporate, in the appropriate sections, all required plans, narratives, and revisions made during the review process and shall include appropriate tabbing for all appendices, figures, etc. A permit application that presents revisions made during the review process as a separate supplement to the application shall not be accepted.

3. After the six copies are submitted to the administrative authority, notices shall be placed in the departments bulletin (if one is available), the official journal of the state, and a major local newspaper of general circulation. The administrative authority shall publish a notice of acceptance for review one time as a single classified advertisement in the legal or public notices section of the official journal of the state and one time as a classified advertisement in the legal or public notices section of a major local newspaper of general circulation. If the affected area 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 notice shall solicit comment from interested individuals and groups. Comments received by the administrative authority within 30 days after the date the notice is published in the local newspaper shall be reviewed by the administrative authority. The notice shall be published in accordance with the sample public notice provided by the administrative authority.

4. A public hearing may be held for any proposed standard permit application when the administrative authority determines, on the basis of comments received and other information, that a hearing is necessary.

5. Public Opportunity to Request a Hearing. Any person may, within 30 days after the date of publication of the newspaper notice required in Paragraph F.3 of this Section, request that a public hearing be held. If the administrative authority determines that the hearing is warranted, a public hearing shall be held. If the administrative authority determines not to hold the requested hearing, the administrative authority shall send the person requesting the hearing written notification of the determination. The request for a hearing shall be in writing and shall contain the name and affiliation of the person making the request and the comments in support of or in objection to the issuance of a permit.

6. Public Notice of a Public Hearing. If the administrative authority determines that a hearing is necessary, a notice shall be published at least 20 days before a fact-finding hearing in the official journal of the state and in a major local newspaper of general circulation. 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 one time as classified advertisement in the legal or public notices section of a major local newspaper of general circulation. If the affected area 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. Those persons on the departments mailing list for hearings shall be mailed notice of the hearing at least 20 days before a public hearing. A notice shall also be published in the department bulletin, if available.

7. Receipt of Comments Following a Public Hearing. The administrative authority shall receive comments for 30 days after the date of a public hearing.

G. Issuance or Denial of a Permit

1. The administrative authority shall issue a standard permit or shall issue a standard permit application denial, including reasons for the denial.

2. A temporary permit may be issued to allow closure activities to be accomplished at a facility which has been issued a standard permit application denial.

H. Public Notice of Permit Issuance. No later than 20 days following the issuance of a standard permit, the administrative authority shall publish a notice of the issuance of the standard permit. This notice shall be published in the official journal of the state and in a major local newspaper of general circulation. 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 one time as a classified advertisement in the legal or public notices section of a major local newspaper of general circulation. If the affected area 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 will be the only public notice required.

La. Admin. Code tit. 33, § VII-10513

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:39 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2775 (December 2000), LR 27:829 (June 2001), amended by the Office of Environmental Assessment, LR 30:2033 (September 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2502 (October 2005), LR 33:2157 (October 2007), Amended by the Office of the Secretary, Legal Division, LR 42249 (2/1/2016).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2411-2422.