Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 3 - Louisiana Sewage Sludge and Biosolids Program › Chapter 73 - Standards for the Use or Disposal of Sewage Sludge and Biosolids › Subchapter A - Program Requirements › Section IX-7313 - Standard Conditions Applicable to All Sewage Sludge and Biosolids Use or Disposal Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
					 Conditions
1. Incorporation of Provisions. In
					 accordance with the provisions of this Chapter all sewage sludge and biosolids
					 use or disposal permits shall incorporate either expressly or by reference all
					 conditions and requirements applicable to the preparation and use or disposal
					 of sewage sludge set forth in the Louisiana Environmental Quality Act, as
					 amended, as well as all applicable regulations.
2. Duty to Comply. The permittee must comply
					 with all conditions of an issued final permit. Any permit noncompliance
					 constitutes a violation of the Louisiana Environmental Quality Act and is
					 grounds for enforcement action; for permit termination, revocation and
					 reissuance, or modification; or for denial of a permit renewal
					 application.
3. Enforcement Actions
a. The department may take enforcement action
					 as prescribed by state law or regulation against any person who:
i. fails to submit a permit application as
					 required by law;
ii. knowingly
					 makes any false statement, representation, or certification in any application,
					 record, report, or other document filed with the department pursuant to the Act
					 or these regulations. Violations of this provision may subject the violator to
					 the penalties provided for in the Act for perjury or false
					 statements;
iii. fails to correct
					 deficiencies in the permit application, or upon becoming aware that any
					 relevant facts or information were omitted in a permit application or in any
					 report to the department, fails to promptly submit such facts or
					 information;
iv. fails to take any
					 necessary action to complete the permit issuance, such as payment of fees or
					 publication of required notices; or
v. fails to comply with any condition of the
					 permit.
b. In cases
					 where an application for a sewage sludge and biosolids use or disposal permit
					 is withdrawn by the applicant, a written notification shall be provided to the
					 Office of Environmental Services stating that no sewage sludge use or disposal
					 practice or other activity that would require a permit from the Office of
					 Environmental Services is currently taking place. Provided that the application
					 was not made in response to previous enforcement action, the applicant is then
					 exempt from enforcement action for causes listed under this
					 Paragraph.
4. Toxic
					 Pollutants
a. If any sewage sludge use or
					 disposal standard or prohibition is promulgated under this Chapter or Section
					 405 of the Clean Water Act for a pathogen or pollutant, or concerning vector
					 attraction reduction, management practices, etc., and that standard or
					 prohibition is more stringent than any applicable requirement in an existing
					 permit, the administrative authority shall institute proceedings under these
					 regulations to modify or revoke and reissue the permit to conform to the sewage
					 sludge use or disposal standard or prohibition.
b. The permittee shall comply with sewage
					 sludge use or disposal standards or prohibitions established under this Chapter
					 within the time frame provided in the regulations that establish these
					 standards or prohibitions, even if the permit has not been modified to
					 incorporate the requirement.
5. Duty to Reapply for an Individual Permit.
					 If the permittee wishes to continue an activity regulated by an existing permit
					 after the expiration date of that permit, the permittee must apply for and
					 obtain a new permit. The new application shall be submitted at least 180 days
					 before the expiration date of the existing permit, unless permission for a
					 later date has been granted by the administrative authority. (The
					 administrative authority shall not grant permission for applications to be
					 submitted later than the expiration date of the existing permit.) A permit that
					 was issued in accordance with these regulations and that has expired shall be
					 administratively continued until such time as a decision on an application to
					 continue an activity under the permit has been issued by the administrative
					 authority, if the application was received by the department at least 180 days
					 prior to the permit expiration.
6.
					 Permit Action. The conditions set forth in LAC 33:IX.2903, 2905, 2907, 3105,
					 and 6509 as causes for modification, revocation and reissuance, and termination
					 of a permit shall apply to permits issued in accordance with these
					 regulations.
7. Property Rights.
					 The issuance of a permit does not convey any property rights of any sort, or
					 any exclusive privilege.
8. Duty to
					 Provide Information. The permittee shall furnish to the administrative
					 authority, within a reasonable time, any information that the administrative
					 authority requests to determine whether cause exists for modifying, revoking
					 and reissuing, or terminating the permit, or to determine compliance with the
					 permit. The permittee shall also furnish to the administrative authority, upon
					 request, copies of records required to be kept by the permit.
9. State Laws. Nothing in the permit shall be
					 construed to preclude the institution of any legal action, or to relieve the
					 permittee from any responsibilities, liabilities, or penalties established
					 pursuant to any applicable state law or regulation.
10. Severability. If any provision of these
					 regulations, or the application thereof, is held to be invalid, the remaining
					 provisions of these regulations shall not be affected, so long as they can be
					 given effect without the invalid provision. To this end, the provisions of
					 these regulations are declared to be severable.
11. Draft Permits. The conditions set forth
					 in LAC 33:IX.3107 for draft permits shall also pertain to permits issued in
					 accordance with these regulations.
12. Fact Sheet. A fact sheet shall be
					 prepared for each draft permit issued in accordance with these regulations. The
					 contents of the fact sheet shall include, but not be limited to, the following:
a. the name of the applicant;
b. the name of the facility;
c. the address of the facility;
d. the physical location of all facilities
					 that are utilized to prepare sewage sludge or biosolids;
e. the physical location of all land
					 application sites;
f. general and
					 management practices;
g. soil and
					 site restrictions;
h. monitoring,
					 sampling and analysis, and reporting requirements; and
i. all other information that is pertinent to
					 the facility and to the permitting process.
13. Public Notice of Permit Actions and
					 Public Comment Period. The conditions set forth in LAC 33:IX.3113 and 6521 for
					 public notices and the public comment period shall apply to all permits issued
					 in accordance with these regulations.
14. Public Comments and Requests for Public
					 Hearings. The conditions set forth in LAC 33:I.1505 and IX.3115 for public
					 comments and requests for public hearings shall apply to all permits issued in
					 accordance with these regulations.
15. Public Hearings. The conditions set forth
					 in LAC 33:IX.3117 for public hearings shall apply to all permits issued in
					 accordance with these regulations.
16. Obligations to Raise Issues and Provide
					 Information during the Public Comment Period. The conditions set forth in LAC
					 33:IX.3119 for the obligations to raise issues and provide information during
					 the public comment period shall apply to all permits issued in accordance with
					 these regulations.
17. Reopening of
					 the Public Comment Period. The conditions set forth in LAC 33:IX.3121 for
					 reopening of the public comment period shall apply to all permits issued in
					 accordance with these regulations.
18. Issuance of a Final Permit Decision.
					 After the close of the public comment period under Paragraph A.13 of this
					 Section for a draft permit, the administrative authority shall issue a final
					 permit decision. The administrative authority shall notify the applicant and
					 each person who has submitted written comments or requested notice of the final
					 permit decision. This notice shall include reference to the procedures for
					 appealing a decision on a sewage sludge and biosolids use or disposal permit.
					 For the purposes of this Section a
final permit decision
means
					 a final decision to issue, deny, modify, revoke and reissue, or terminate a
					 permit.
19. Response to Comments.
					 The conditions set forth in LAC 33:IX.3125 for responding to comments shall
					 apply to all permits issued in accordance with these regulations.