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-311 - Establishing Permit Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to conditions required in all
				  permits, the administrative authority shall establish conditions, as required
				  on a case-by-case basis, under duration of permits, schedules of compliance,
				  monitoring, for considerations under federal law, and to provide for and assure
				  compliance with all applicable requirements of LAC 33:V.Subpart 1 and its
				  regulations.
B. New or reissued
				  permits, modified, or revoked and reissued permits, shall incorporate each of
				  the applicable requirements referenced in LAC 33:V.309.
C. All permit conditions shall be
				  incorporated expressly, or with specific citation to the applicable regulations
				  or specific permit requirements.
D.
				  All permits for facilities with pre-existing groundwater contamination shall
				  contain a permit condition containing the concentration limits of hazardous
				  constituents established consistent with LAC 33:V.3305, 3307 and 3309. In no
				  case shall other than background concentration limits be listed in the initial
				  permit. Compliance with corrective action programs required in LAC 33:V.3303,
				  3319 and 3321 of the chapter will constitute a permitted variance. Corrective
				  action programs shall be reviewed annually and may be based on predictive
				  computer modeling. Alternate concentrations provided in LAC 33:V.3309.A or B
				  may be set by permit amendment should the original concentration limits be
				  unattainable within a 36-month timeframe.
E. Each RCRA permit shall include permit
				  conditions necessary to achieve compliance with Subtitle II of Title 30 of the
				  Louisiana Revised Statutes and LAC 33:V.Chapters 10, 11, 15, 17, 19, 21, 22,
				  23, 25, 27, 28, 29, 30, 31, 32, 33, 35, 37, and 41. In satisfying this
				  provision the administrative authority may incorporate applicable requirements
				  of LAC 33:V.Chapters 10, 11, 15, 17, 19, 21, 22, 23, 25, 27, 28, 29, 30, 31,
				  32, 33, 35, 37, and 41 directly by reference into the permit or establish other
				  permit conditions that are based on these regulations. Each permit issued under
				  Subtitle II of Title 30 of the Louisiana Revised Statutes shall contain terms
				  and conditions as the administrative authority determines necessary to protect
				  human health and the environment.
F. RCRA Permits for Hazardous Waste
				  Combustion Units. If, as the result of an assessment or other information, the
				  administrative authority determines that conditions are necessary in addition
				  to those required under  40 CFR Part 63, Subpart EEE, as incorporated by
				  reference at LAC 33:111.5122, or LAC 33:V.Chapters 10, 11, 15, 17, 19, 21, 22,
				  23, 25, 27, 28, 29, 30, 31, 32, 33, 35, 37, and 41, to ensure protection of
				  human health and the environment, the administrative authority shall include
				  those conditions in a RCRA permit for a hazardous waste combustion
				  unit.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2180 et
					 seq.