Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 3 - General Conditions for Treatment, Storage, and Disposal Facility Permits › Section V-323 - Suspension, Modification or Revocation and Reissuance, and Termination of Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  When the administrative authority receives any information (for example,
				  inspects the facility, receives information submitted by the permittee as
				  required in the permit [see LAC 33:V.309], receives a request for revocation
				  and reissuance under this Section, or conducts a review of the permit file), he
				  or she may determine whether one or more of the causes listed in LAC
				  33:V.323.B.2.c, and B.3.b for suspension, modification or revocation and
				  reissuance, or termination exist. If cause exists, the administrative authority
				  may suspend, modify or revoke and reissue, or terminate the permit accordingly,
				  subject to the limitations of LAC 33:V.323.A, B.1, B.2.c, d and e, or B.3.b,
				  and may request an updated application, if necessary. Permits may be reviewed
				  for potential modification, suspension, or termination either at the request of
				  any interested person (including the permittee) or upon the administrative
				  authority's initiative. However, permits may be modified, or revoked and
				  reissued, suspended or terminated only for the reasons specified in LAC
				  33:V.323.A, B.1, B.2.c, and B.3.b, or if the administrative authority receives
				  notification of a proposed transfer of the permit (LAC 33:V.309.L.4). All
				  requests shall be in writing, and shall contain facts or reasons supporting the
				  request.
B. If the administrative
				  authority decides the request is not justified, he or she shall send the
				  requester a brief written response giving a reason for the decision. Denials of
				  requests for modification, revocation and reissuance, or termination are not
				  subject to public notice, comment, or hearings. Denials by the administrative
				  authority may be appealed to the Office of the Secretary, in accordance with
				  R.S.
				  30:2050.21.
1. Suspension
a. The administrative authority may
				  temporarily suspend the operator's right to accept additional hazardous waste
				  to treat, store, or dispose of until violations are corrected. If violations
				  are corrected, the administrative authority may lift the enforcement.
				  Suspension of a permit and/or subsequent corrections of the causes of the
				  suspension by the permittee shall not preclude the administrative authority
				  from terminating the permit, if necessary. The administrative authority shall
				  give notice to the operator, by registered mail, return receipt requested, of
				  violation of the permit or act, listing the specific violations. If the
				  operator fails to comply with this notice by correcting the cited violations
				  within 30 days from date of notice, the administrative authority may issue an
				  order requiring compliance within a specified time, or may commence a civil
				  action in the district court in the parish in which the violation occurred for
				  appropriate relief, including a temporary or permanent injunction. If the
				  operator fails to take corrective action within the time specified in the
				  order, the administrative authority shall assess a civil penalty, and may
				  suspend or terminate the permit, all pursuant to LAC 33:V.Chapter 1 of these
				  regulations and the Act.
b. For
				  major infractions of the terms of the permit, the administrative authority may
				  suspend the permit and require:
i. the
				  operator to cease accepting hazardous waste or contracting for its treatment,
				  storage, or disposal; or
ii. the
				  operator to agree to a caretaker management of operations involving wastes
				  which are being treated, stored, or have been disposed of on-site. The
				  caretaker management shall be selected by the administrative authority from the
				  following:
(a). operator's personnel acting
				  under supervision of the administrative authority; or
(b). independent management firm operating
				  under administrative authority supervision; or
(c). state operation;
iii. the total cost of the caretaker
				  management shall be borne by the operator, by revenues from operation, or by
				  calling upon the closure fund set up for this purpose;
iv. if the operator does not voluntarily
				  agree to the caretaker management, appropriate legal action shall be taken by
				  the administrative authority to institute the management operations to protect
				  the public interest;
v. after
				  exhausting all other remedies, the administrative authority shall request the
				  attorney general to secure court authority to close the site, using closure
				  funds for this purpose.
c. The operator may request reconsideration
				  of the suspension order. The request shall stipulate the form requested: i.e.,
				  a staff conference, a public hearing, or an adjudicatory hearing.