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-309 - Conditions Applicable to All Permits

Current through Register Vol. 50, No. 6, June 20, 2024
Each permit shall include permit conditions necessary to
					 achieve compliance with the Act and these regulations, including each of the
					 applicable requirements specified in LAC 33:V.Subpart 1. In satisfying this
					 provision, the administrative authority may incorporate applicable requirements
					 of LAC 33:V.Subpart 1 directly into the permit or establish other permit
					 conditions that are based on LAC 33:V.Subpart 1. The following conditions apply
					 to all hazardous waste permits. All conditions applicable to permits shall be
					 incorporated into the permits either expressly or by reference. If incorporated
					 by reference, a specific citation to these regulations must be given in the
					 permit.
A. Duty to Comply. The
				  permittee must comply with all conditions of this permit except that the
				  permittee need not comply with the conditions of this permit to the extent and
				  for the duration such noncompliance is authorized in an emergency permit. Any
				  permit noncompliance constitutes a violation of the Act and any amendments and
				  is grounds for enforcement action, permit termination, revocation and
				  reissuance or modification, or denial of a permit renewal
				  application.
B. Duty to Reapply. If
				  the permittee wishes to continue an activity regulated by the permit after the
				  expiration date of the permit, the permittee must reapply for the permit as
				  required in LAC 33:V.303.N. If the administrative authority does not issue a
				  final decision on the reapplication on or before the expiration date of the
				  permit, it shall remain in effect until the administrative authority issues a
				  final decision.
C. Need to Halt or
				  Reduce Activity Not a Defense. It shall not be a defense for a permittee in an
				  enforcement action that it would have been necessary to halt or reduce the
				  permitted activity in order to maintain compliance with the conditions of this
				  permit.
D. Duty to Mitigate. The
				  permittee shall take all reasonable steps to minimize or correct any adverse
				  impact on the environment resulting from noncompliance with this
				  permit.
E. Proper Operation and
				  Maintenance
1. The permittee shall at all
				  times properly operate and maintain all facilities and systems of treatment and
				  control (and related appurtenances) which are installed or used by the
				  permittee to achieve compliance with the conditions of this permit. Proper
				  operation and maintenance includes effective performance, adequate funding,
				  adequate operator staffing and training, and adequate laboratory and process
				  controls, including appropriate quality assurance procedures.
2. This provision requires the operation of
				  back-up or auxiliary facilities or similar systems only when necessary to
				  achieve compliance with the conditions of the permit.