reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1109 - Declaratory Rulings Officer

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Unless otherwise provided by the secretary in writing, all declaratory rulings
				  shall be issued by the secretary. The secretary may delegate the authority to
				  issue declaratory rulings to the various assistant secretaries.
B. The secretary or designated assistant
				  secretary, when issuing a declaratory ruling, shall be referred to as the
				  declaratory rulings officer.
C. The
				  declaratory rulings officer shall have the authority to regulate all matters
				  concerning a request for declaratory ruling and to issue the declaratory ruling
				  after concurrence as to legal sufficiency by the Office of the
				  Secretary.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1111 - Duty to Maintain List

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The secretary shall maintain, in a place accessible to the public in the Office
				  of the Secretary, a list of all petitions for declaratory rulings and
				  declaratory rulings and an index to the list. The list shall identify the
				  petitioner, the matter to be decided, and when applicable, the location of the
				  activity or facility that is the subject of the petition. The list shall also
				  include the date on which the petition is received, the date the secretary
				  decides whether a declaratory ruling will be issued, the date the secretary
				  sets for issuance of the ruling, the date the ruling issues, and the date of
				  any request for modification or appeal.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1113 - Declaratory Rulings Clerk

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The administrative authority shall designate a person in the Office of the
				  Secretary to serve as the declaratory rulings clerk, who shall be the official
				  custodian of declaratory rulings records. The clerk shall maintain these
				  records separately from other records of the department.
B. The declaratory rulings clerk, or his/her
				  designee, is authorized to:
1. certify copies
				  of official documents in his/her custody;
2. ensure distribution of all decisions and
				  notices issued by the declaratory rulings officer;
3. receive all filings of petitions, rulings,
				  and other pleadings or documents;
4. maintain a list of petitions for
				  declaratory rulings and declaratory rulings and an index to the list in a place
				  accessible to the public; and
5.
				  perform other duties as assigned by the declaratory rulings officer.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1115 - Requests for Declaratory Rulings in Accordance with R.S. 30:2050.10

Current through Register Vol. 50, No. 6, June 20, 2024
A. A valid request
				  for issuance of a declaratory ruling is made by filing a written petition in
				  accordance with LAC 33:I.1117 and 1137.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1117 - Petition Contents and Form

Current through Register Vol. 50, No. 6, June 20, 2024
A. A petition requesting issuance of a
				  declaratory ruling shall be in writing and shall contain the following
				  information:
1. the name, address, and
				  telephone number of the petitioner and whether the petitioner is a
				  permittee;
2. identification of the
				  specific rule or statute in question;
3. the exact question presented to the
				  department for ruling;
4. a concise
				  statement of all particular facts necessary and sufficient to accomplish the
				  following:
a. to show the nature of the
				  controversy or uncertainty and the manner in which the rule or statute on which
				  the declaratory ruling is sought applies or potentially applies to petitioner;
				  and
b. to answer the question
				  presented to the department for ruling;
5. a statement identifying all other rules,
				  statutes, orders, or statements (formal or informal) from officials, employees,
				  or agents of any local, state, or federal government agency that are relevant
				  to the question presented by the petitioner;
6. a statement of the reasons for submitting
				  the petition, including a full disclosure of the petitioner's interest in
				  obtaining the declaratory ruling;
7. a statement as to whether the question
				  presented by the petitioner is presently pending before or under consideration
				  by the department or any other administrative, legislative, or adjudicative
				  body;
8. a statement as to whether
				  the petitioner has some other adequate legal remedy that will terminate the
				  controversy or remove any uncertainty as to the applicability to petitioner or
				  the circumstances cited of the rule, order, or statute in question;
				  and
9. an affidavit that verifies
				  the facts stated in the petition are true and correctly stated, and the
				  verification is based upon the documents attached to or identified in the
				  petition or based upon the affiant's personal knowledge.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1119 - Disposition of Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  After determining whether any circumstances exist that preclude the issuance of
				  a declaratory ruling under LAC 33:I.1121, the department shall, not later than
				  60 days after receipt of the petition, either:
1. notify the applicant that the fee as
				  specified in LAC 33:I.1151 is owed and issue a declaratory ruling;
2. deny the request for a declaratory
				  ruling;
3. grant the request for a
				  declaratory ruling, notify the applicant that the fee as specified in LAC
				  33:I.1151 is owed, and set a time within which the ruling will be issued;
				  or
4. fail to respond to the
				  petition, in which case the department's failure to respond shall be deemed to
				  be a denial of the request for a ruling as well as a denial of the merits of
				  the request.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1121 - Circumstances in Which Declaratory Rulings May Not Be Issued

Current through Register Vol. 50, No. 6, June 20, 2024
A. Circumstances in
				  which declaratory rulings may not be issued include, but are not necessarily
				  limited to:
1. lack of
				  jurisdiction;
2. lack of clarity
				  concerning the question presented;
3. the existence of pending or imminent
				  litigation or administrative action or adjudication that may either answer the
				  question presented by the petition or otherwise make an answer
				  unnecessary;
4. the petition
				  involves a subject, question, or issue that is the subject of a formal or
				  informal matter or investigation currently pending before the department, a
				  court, or other government agency;
5. the statute, rule, or order on which a
				  declaratory ruling is sought is clear and not in need of interpretation to
				  answer the question presented by the petition;
6. the facts presented in the petition are
				  not sufficient to answer the question presented;
7. the petition fails to contain any of the
				  information required by LAC 33:I.1117 or 1137;
8. the petitioner is not aggrieved by the
				  rule or statute on which a declaratory ruling is sought;
9. the petition seeks a ruling on a moot or
				  hypothetical question or will result in an advisory ruling or opinion;
				  or
10. the question presented by
				  the petition concerns the validity or constitutionality of a statute.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1123 - Stay of Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  filing of a request for declaratory ruling shall not automatically stay any
				  other department action.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1125 - Declaratory Rulings Initiated by the Secretary and Modification of Rulings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The secretary
				  may issue a declaratory ruling setting forth the department's position with
				  respect to any matter within its jurisdiction or authority or describing
				  proposed agency action.
B. The
				  declaratory rulings clerk shall give the petitioner whose declaratory ruling
				  has been reversed or modified notice by certified mail return receipt of the
				  reversal or modification.
C. The
				  declaratory rulings clerk shall mail or hand deliver to any intervener a copy
				  of the reversal or modification when issued.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1127 - Effect of Declaratory Rulings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A declaratory ruling is not binding on the
				  department except as to the parties and does not constitute a rule as defined
				  in
				  R.S.
				  49:951 nor does its issuance require
				  "rulemaking" as defined in
				  R.S.
				  49:951.
B. A declaratory ruling may be used by the
				  petitioner as a defense in any enforcement proceeding brought by the department
				  after the issuance of the ruling.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1129 - Docket Number

Current through Register Vol. 50, No. 6, June 20, 2024
A. At
				  the time a request for issuance of a declaratory ruling is filed, it shall be
				  assigned a docket number by the declaratory rulings clerk. The docket number
				  shall be used on all subsequent documents filed in the matter. The fact that a
				  request for declaratory ruling is docketed does not constitute a determination
				  as to whether the request is granted nor as to its sufficiency or
				  validity.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1131 - Parties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Parties in
				  declaratory ruling proceedings may include:
1. the petitioner; and
2. an intervener.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1133 - Intervention

Current through Register Vol. 50, No. 6, June 20, 2024
A. An aggrieved
				  person has the right to intervene as a party in a declaratory ruling, provided
				  the proper petition for intervention is filed at least 15 days prior to the
				  declaratory ruling and such intervention is not likely to create an undue
				  broadening of the issues or otherwise unduly impede the resolution of the
				  matter.
B. If more than one person
				  or entity with the same or similar interests seeks to intervene, the
				  declaratory rulings officer may limit participation to designated
				  representatives.
C. A petition for
				  intervention shall comply with the requirements of LAC 33:I.1137 and shall also
				  state all facts necessary to demonstrate that the intervener is an aggrieved
				  person, including but not limited to, all facts necessary to demonstrate its
				  position, and the manner in which the rule, statute, or order in question does
				  or does not apply to the intervener.
D. A petition for intervention must be
				  accompanied by an affidavit that verifies the facts stated in the petition are
				  true and correctly stated and the verification is based upon the affiant's
				  personal knowledge.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1135 - Consolidation and Separation of Petitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. When two or more petitions for declaratory
				  ruling involve a common issue or issues of law or fact, they may be
				  consolidated and considered as a single petition. In such cases all petitions
				  shall be docketed under the lowest docket number.
B. Petitions may be separated to simplify the
				  proceedings or to permit a more orderly disposition of the matters
				  consolidated.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1137 - Pleadings: Form and Content

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Pleadings shall:
1. state the name, mailing
				  address, and telephone number of the person causing the pleading to be filed.
				  In instances where the person filing a pleading is represented by another
				  person, that person's name, address, and telephone number shall be included in
				  the pleading;
2. be legibly written
				  in ink, typewritten, or printed with 1-inch top, bottom, and side margins, and
				  shall be on strong durable white paper, no larger than 8 1/2 by 11
				  inches;
3. be double-spaced, have
				  its pages numbered, and if customary, be divided into separate numbered
				  paragraphs;
4. state clearly,
				  concisely, and particularly all relevant facts that give rise to and support
				  the relief sought;
5. when
				  appropriate, identify any statute, rule, written statement of law or policy,
				  decision, order, permit, license, or any other regulatory mechanism and the
				  particular aspect of each upon which the pleading relies;
6. state clearly and concisely the relief or
				  action sought;
7. be signed in ink
				  by the party filing same or by his/her duly authorized agent or attorney. The
				  signature of the person signing the document constitutes a certification that
				  he or she has read the document and that, to the best of his/her knowledge,
				  information, and belief, every statement contained in the document is true;
				  and
8. certify that a copy of the
				  pleading or document has been mailed or hand delivered, on or before the date
				  it is filed with the declaratory rulings clerk, to all parties.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1139 - Filing of Pleadings and Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any pleading, document, or other item that
				  is being filed into the record maintained by the declaratory rulings clerk
				  shall be filed by mail or hand delivery to the clerk.
B. All pleadings, documents, or other items
				  shall be deemed filed on the date received by the declaratory rulings
				  clerk.
C. An original and one copy
				  of all pleadings and documents shall be filed unless otherwise specifically
				  provided by a particular regulation or by order of the declaratory rulings
				  officer.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1141 - Computation of Time

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				  computing any period of time prescribed or allowed in this Chapter or the
				  Louisiana Environmental Quality Act,
				  R.S.
				  30:2001 et seq., the date of the act or event
				  after which the period begins to run shall not be included.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1143 - Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. No discovery is
				  allowed by or between the parties to proceedings concerning a petition for
				  declaratory ruling.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1145 - Judicial Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  party seeking judicial review of a declaratory ruling shall comply with
				  R.S.
				  30:2050.21.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10 and
					 2050.21.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1147 - Termination of Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Issuance of a ruling or unconditional withdrawal of the request for a ruling
				  terminates the proceedings related to a request or petition for declaratory
				  ruling.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2050.10.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1149 - Entry and Notice of Rulings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Entry. The original of any declaratory
				  ruling or order issued shall be filed with the declaratory rulings clerk who
				  shall notify all parties of the decision or order.
B. Notice
1. When a declaratory rulings officer issues,
				  reverses, or modifies a declaratory ruling, a copy shall be served by certified
				  mail return receipt requested upon the petitioner.
2. The declaratory rulings clerk shall also
				  mail or deliver a copy of the ruling to any intervener and to any person who
				  has on file with the declaratory rulings clerk a written request for notice
				  that includes the information necessary to receive notice [including
				  requester's name and address and the matter(s) about which requester desires
				  notice].
3. Declaratory rulings or
				  a summary of rulings shall be published in the
Louisiana
				  Register
.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 11 - Declaratory Rulings › Section I-1151 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Fee for
				  Declaratory Ruling
1. After a petition for a
				  declaratory ruling has been received by the department, the appointing
				  authority will determine how the department will proceed according to LAC
				  33:I.1119.A. If the department decides to proceed via LAC 33:I.1119.A.1 or LAC
				  33:I.1119.A.3, a minimum $1,500 nontransferable and nonrefundable fee shall be
				  submitted to the department.
2.
				  Prior to the issuance of the declaratory ruling, a final fee determination
				  shall be made.
a. An appropriate fee shall be
				  computed based on the maximum hourly overtime salary, including associated
				  related benefits, of the departments civil service employee who issues the
				  ruling.
b. The fee shall be
				  computed by multiplying the salary figure calculated according to Subparagraph
				  A.2.a of this Section by every overtime hour, or portion thereof, worked by the
				  department employee on the declaratory ruling.
c. If the final fee based on these
				  calculations exceeds $1,500, the applicant shall be invoiced the final fee
				  amount, less the $1,500 already received paid. The declaratory ruling shall not
				  be issued until this amount is paid.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 12 - Requests for Review of Environmental Conditions › Section I-1201 - Applicability and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  This Chapter applies to reviews by the department of reports of environmental
				  conditions at specified tracts of immovable property when such reports from
				  site investigations are not required or requested by the administrative
				  authority.
B. Nothing herein shall
				  be construed to diminish the responsibility of any person (e.g., owner,
				  operator, employee, agent, contractor, or assign) having knowledge of the
				  presence at any site of any hazardous substance, hazardous waste, hazardous
				  waste constituent, or other pollutant or contaminant, to notify the department
				  pursuant to LAC 33:I.Chapter 39. If additional information becomes available to
				  indicate that the source of the release is a current discharge or a discharge
				  that should have been reported, enforcement action may be taken.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and specifically
					 2011(D)(25).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 12 - Requests for Review of Environmental Conditions › Section I-1203 - Procedure for Submittal of Request

Current through Register Vol. 50, No. 6, June 20, 2024
A. All requests for reviews by the department
				  of reports of environmental conditions shall be accompanied by an initial
				  $1,650 minimum fee.
1. All payments made by
				  check, draft, or money order shall be made payable to the Department of
				  Environmental Quality, and mailed to the department with the request.
2. Persons wishing to make payments using the
				  electronic pay (e-pay) method shall access the department's website and follow
				  the instructions provided on the website.
3. Persons wishing to make payments using the
				  electronic funds transfer (EFT) method shall contact the Office of Management
				  and Finance for further instructions.
4. Cash is not an acceptable form of
				  payment.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 13 - Risk Evaluation/Corrective Action Program › Section I-1301 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  constitutes the minimum technical requirements to evaluate and/or remediate
				  sites that have been affected by constituents of concern, except as otherwise
				  specifically provided by statute, rule, or permit.
B. Any remediation performed in accordance
				  with this Chapter shall not relieve any person from:
1. complying with more stringent federal,
				  state, or local requirements; or
2.
				  obtaining any and all permits required by law, except as expressly provided
				  herein.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 13 - Risk Evaluation/Corrective Action Program › Section I-1302 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms used in this Chapter shall have the meanings listed below, unless the
				  context otherwise requires, or unless specifically redefined in a particular
				  Section.
Department
-the Department of
					 Environmental Quality.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2272.1.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 13 - Risk Evaluation/Corrective Action Program › Section I-1303 - Liberal Construction

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  These rules, being necessary to promote the public health and welfare, shall be
				  liberally construed in order to permit the department to effectuate the
				  provisions of the Environmental Quality Act including, but not limited to,
				  R.S.
				  30:2272.1, 2077, 2195.2(A), 2195.10, 2203(A),
				  2204(A)(2) and (3), and 2205(C).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2272.1.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 13 - Risk Evaluation/Corrective Action Program › Section I-1305 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as is
				  otherwise specifically provided by statute, rule, or permit, this Chapter
				  establishes the minimum technical requirements to evaluate and/or remediate
				  sites that have been affected by constituents of concern including, without
				  limitation, those sites and activities subject to:
1. the Louisiana Environmental Quality Act,
				  R.S.
				  30:2001 et seq.;
2. the federal Resource Conservation and
				  Recovery Act (RCRA), as amended by Hazardous and Solid Waste Amendments (HSWA),
				  42 U.S.C.
				  6901 et seq.; and
3. the federal Comprehensive Environmental
				  Response, Compensation, and Liability Act of 1980, as amended by the Superfund
				  Amendments and Reauthorization Act of 1986 (CERCLA),
				  42
				  U.S.C. 9601 et seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 13 - Risk Evaluation/Corrective Action Program › Section I-1307 - Adoption by Reference

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  document entitled, "Louisiana Department of Environmental Quality Risk
				  Evaluation/Corrective Action Program (RECAP)," dated October 20, 2003, is
				  hereby adopted and incorporated herein in its entirety. The RECAP document is
				  available for purchase or inspection from 8 a.m. until 4:30 p.m., Monday
				  through Friday, from the Office of the Secretary. For RECAP document
				  availability at other locations, contact the department's Regulation
				  Development Section. The RECAP document may also be reviewed on the Internet
				  through the department's website.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2272.1.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 13 - Risk Evaluation/Corrective Action Program › Section I-1309 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				  of these regulations or the application thereof to any person, situation, or
				  circumstance is for any reason adjudged invalid, the adjudication does not
				  affect any other provision or application that can be given effect without the
				  invalid provision or application; to this end, the provisions of these
				  regulations are declared to be severable.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2272.1.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 14 - Groundwater Fees › Section I-1401 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rules and
				  regulations are hereby established by the Department of Environmental Quality
				  as authorized by
				  R.S.
				  30:2014.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 14 - Groundwater Fees › Section I-1403 - Scope and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  purpose of these regulations is to establish a fee system for funding the
				  departmental review and oversight of assessment and remediation activities
				  undertaken by those entities noted in LAC 33:I.1405 and for funding the
				  monitoring, investigation and other activities required to be conducted for the
				  maintenance of a safe and healthful environment by the Department of
				  Environmental Quality.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 14 - Groundwater Fees › Section I-1405 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
				  regulations apply to facilities which are required under solid waste
				  regulations or hazardous waste regulations to produce annual reports concerning
				  the groundwater condition at their sites, to facilities which have installed
				  groundwater monitoring systems, and to facilities conducting assessment and/or
				  remediation of groundwater contamination (regardless of whether said
				  contamination originated from a regulated waste management unit or from a
				  non-regulated facility) for which the department is providing oversight. These
				  rules and regulations do not apply:
1. to
				  sites over which other departments, such as the Department of Natural
				  Resources, are legitimately exercising oversight and to which the department
				  provides no assistance or technical guidance;
2. to sites regulated under the underground
				  storage tank regulations; or
3. to
				  facilities billed under the authority of another Part or Chapter of Title 33
				  for the same activity.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 14 - Groundwater Fees › Section I-1407 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms used in this Chapter shall have the meanings listed below, unless the
				  context otherwise requires, or unless specifically redefined in a particular
				  Section.
Assessment
- planning, data gathering and
					 reporting, and other activities used to generate a report that appraises
					 groundwater contamination and draws conclusions as to the need for further
					 assessment and/or corrective action.
Assessment Oversight
- departmental review
					 and evaluation of a facility's assessment activities.
Corrective Action Oversight
- departmental
					 review and evaluation of corrective action plans and of remedial actions
					 undertaken to restore the quality of contaminated groundwater.
Corrective Action Plan
- a plan that
					 details a schedule of remedial actions that will restore the quality of
					 contaminated groundwater.
Non-Regulated Facility
- a facility that
					 is not classified as a solid or hazardous waste facility but under which
					 groundwater contamination has been detected.
Regulated Unit
- a solid waste facility or
					 a hazardous waste facility under which groundwater contamination has been
					 detected.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 14 - Groundwater Fees › Section I-1409 - Groundwater Protection Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Assessment Oversight (Annual). The fee listed below covers the cost of
				  reviewing, evaluating, and approving plans and/or reports that assess
				  groundwater contamination and draw conclusions as to the need for further
				  assessment and/or corrective action.
Hazardous Waste Facilities
$11,435
Solid Waste Facilities
$7,623
Nonregulated Facilities
$3,812
B.
				  Corrective Action Oversight (Annual). The fee listed below covers the cost of
				  reviewing, evaluating, and approving plans and/or actions to remediate
				  groundwater that has been contaminated by a facility.
Hazardous Waste Facilities
$15,246
Solid Waste Facilities
$11,435
Nonregulated Facilities
$3,812
C.
				  Annual Report Review Fee. The fee listed below covers the cost of reviewing the
				  groundwater annual reports required by Hazardous and/or Solid Waste
				  regulations.
Hazardous Waste Facilities
$1,525
Solid Waste Facilities
$381
D.
				  Groundwater Monitoring Systems Review. The fee listed below covers the cost of
				  reviewing the geology and design of proposed groundwater monitoring systems to
				  ensure compliance with department specifications.
Each well
$726
E.
				  Groundwater Monitoring Systems Inspection Fee (Annual). The fee listed below
				  covers the cost of inspecting monitoring systems to ensure that they are
				  functioning properly and continue to maintain their integrity. The cost also
				  includes other activities, such as the analysis of boring logs and site geology
				  (cross sections, isopachs, etc.). The maximum fee that can be charged for this
				  category is $7,260.
Each well
$363
F.
				  Facility Inspection Fee (Annual). The fee listed below covers the cost of
				  inspecting the various facilities to ensure compliance with the groundwater
				  protection requirements contained in the facilities permits.
Hazardous Waste Facilities
$1,452
With sampling
$10,890
Solid Waste Facilities
$726
With sampling
$2,178
G.
				  Oversight of Abandonment Procedures. The fee listed below covers the cost of
				  reviewing plans to plug and abandon all non-permitted groundwater monitoring
				  systems (monitoring wells, piezometers, observations wells, and recovery wells)
				  to ensure that they do not pose a potential threat to groundwater.
Casing pulled
$146 each well
Casing reamed out
$291 each well
Casing left in place
$726 each well
H.
				  Maximum Total Fee per Facility. The maximum annual fee that can be assessed a
				  facility under these regulations is $45,739.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 14 - Groundwater Fees › Section I-1411 - Methods of Payment

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  payments made by check, draft, or money order shall be made payable to the
				  Department of Environmental Quality, and mailed to the department at the
				  address provided on the invoice.
B.
				  Electronic Methods of Payment
1. Persons
				  wishing to make payments using the electronic pay method should access the
				  departments website and follow the instructions provided on the
				  website.
2. Persons wishing to make
				  payments using the electronic funds transfer (EFT) method shall contact the
				  Office of Management and Finance for further instructions.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 14 - Groundwater Fees › Section I-1413 - Late Payment Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Payments not
				  received within 15 days of the due date will be charged a late payment
				  fee.
B. Any late payment fee shall
				  be calculated from the due date indicated on the invoice.
C. Payments not received by the department
				  by:
1. the fifteenth day from the due date
				  will be assessed a 5 percent late payment fee on the original assessed
				  fee;
2. the thirtieth day from the
				  due date will be assessed an additional 5 percent late payment fee on the
				  original assessed fee; and
3. the
				  sixtieth day from the due date will be assessed an additional 5 percent late
				  payment fee on the original assessed fee.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 14 - Groundwater Fees › Section I-1415 - Failure to Pay

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure to
				  pay the prescribed application fee or annual fee as provided herein, within 90
				  days after the due date, will constitute a violation of these regulations and
				  shall subject the person to applicable enforcement actions under the Louisiana
				  Environmental Quality Act including, but not limited to, revocation or
				  suspension of the applicable permit, license, registration, or
				  variance.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 15 - Permit Application and Working Draft Permit Review › Section I-1501 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  applies to permit applications for new facilities and to applications for
				  substantial permit modifications submitted to the department after the rule's
				  effective date (date of publication in the
Louisiana
				  Register
).
B. Nothing in
				  this Chapter shall limit the administrative authority from pursuing enforcement
				  authorized in the Act, this Part, or in Parts III, V, VII, IX, or XI of LAC
				  Title 33.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2022(B).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 15 - Permit Application and Working Draft Permit Review › Section I-1505 - Review of Permit Applications for New Facilities and Substantial Permit Modifications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Administrative Completeness Review
1. After
				  receipt of a permit application for a new facility or an application for a
				  substantial permit modification, the department shall perform an administrative
				  completeness review and, if applicable, submit written notification to the
				  applicant that lists the application's specific administrative deficiencies or
				  additional information needed for application processing. Permit application
				  forms and checklists of required information in the permit application review
				  process shall be provided to the applicant upon request.
2. The applicant shall respond to the notice
				  of deficiency or the request for additional information within the amount of
				  time specified in the notice or request. This response shall contain all of the
				  information required by the department to proceed with processing the
				  application, unless otherwise provided for in Subsection E of this
				  Section.
3. Within 60 processing
				  days from the date a permit application is submitted, the department shall:
a. issue a letter of administrative
				  completeness; or
b. notify the
				  applicant that the application has been suspended because the required
				  administrative information has not been received within the amount of time
				  specified by the department.
4. The applicant's failure to address an
				  application deemed suspended may result in a permit denial, based on an
				  incomplete application.
5. Within
				  30 days after receipt of a letter of administrative completeness, the applicant
				  shall publish a notice, provided by the department, of the administrative
				  completeness determination in a major local newspaper of general circulation
				  and submit proof of publication to the Office of Environmental
				  Services.
6. The requirement for
				  publication of a notice of administrative completeness may be waived for
				  applications for air quality permits for sources not defined as major in LAC
				  33:III.502 or 5103.
7. The
				  requirement for publication of a notice of administrative completeness may be
				  waived for applications for water quality permits for sources defined as minor
				  by the administrative authority.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 15 - Permit Application and Working Draft Permit Review › Section I-1507 - Review of Working Draft Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Technical Review Period
1. If requested by the permit applicant, the
				  department shall provide the applicant with a reasonable opportunity to review
				  a working draft permit renewal or a modification to a hazardous waste, solid
				  waste, water discharge, or air quality permit before public notice is provided.
				  If the draft permit includes revisions to an existing permit, the working draft
				  permit, as defined in LAC 33:I.1503, shall clearly identify each change made by
				  the department to the existing permit.
2. When public notice is not required, the
				  department shall provide the applicant with a reasonable opportunity to review
				  the working draft permit or permit modification prior to a final permit
				  decision if:
a. a technical review period, as
				  defined in LAC 33:I.1503, is requested by the applicant; or
b. the department proposes modifications or
				  revisions not associated with the applicant's request. In lieu of a technical
				  review period, the department may reopen the permit in accordance with
				  applicable law.
3. When
				  a technical review period is not requested or required by Subparagraph A.2.b of
				  this Section, an opportunity to review a working draft permit may be provided
				  to the permit applicant upon a determination of need by the
				  department.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 17 - Permit Qualifications and Requirements › Section I-1701 - Requirements for Obtaining a Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to meeting the requirements
				  for permits outlined in the applicable sections of the environmental quality
				  regulations, an applicant shall:
1. have no
				  history of environmental violation(s) that demonstrates to the department an
				  unwillingness or inability to achieve and maintain compliance with the permit
				  for which the application is being made, unless the department determines that
				  the applicant's history of environmental violation(s) can be adequately
				  addressed by permit conditions;
2.
				  if required, register with the Secretary of State;
3. owe no outstanding monies including, but
				  not limited to: fees, cost recovery, reimbursement costs, response costs, final
				  judgments, or final penalties to the department; and
4. if under a compliance schedule, be making
				  satisfactory progress in meeting the conditions of the compliance
				  schedule.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 18 - Expedited Permit Processing Program › Section I-1801 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  establishes a program to expedite the processing of permits, modifications,
				  licenses, registrations, or variances for environmental permit applicants who
				  may request such services. Expedited processing of an application for a permit,
				  modification, license, registration, or variance is an exercise of the
				  discretion of the administrative authority and is subject to the availability
				  of resources needed in order to process the permit, modification, license,
				  registration, or variance. Permit actions approved for expedited permit
				  processing must meet all regulatory requirements, including required public
				  comment periods and any required review by other agencies.
B. Eligibility
1. An application for an initial permit or
				  permit modification necessary for new construction as required by the
				  Environmental Quality Act or regulation is eligible for expedited permit
				  processing.
2. An application for
				  permit modification that does not result in new permanent jobs is eligible for
				  expedited processing pursuant to the provisions of this Chapter if it is
				  associated with new construction; includes increases in production that benefit
				  the national, state, or local economy; or provides a direct benefit to the
				  environment.
3. Applications for
				  permit renewal and/or reconciliation will be considered for expedited
				  processing pursuant to the provisions of this Chapter on a case-by-case
				  basis.
4. A request for expedited
				  permit processing submitted prior to submittal of the associated permit
				  application will not be considered.
5. Requests for exemptions, letters of no
				  objection, and other miscellaneous letters of response are not eligible for
				  expedited permit processing.