Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 7 - Administrative Procedures for Treatment, Storage, and Disposal Facility Permits › Subchapter A - Permits › Section V-703 - Permit Evaluation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Application Distribution. Upon acceptance of an application for review, the
					 administrative authority will distribute copies of the application (Part I) for
					 review and comment to: the public (filed with local libraries or other public
					 facility), notification of which is to be published in a bulletin (see LAC
					 33:V.717), and as an ad in a local newspaper; Department of Health and
					 Hospitals, Office of Health Services and Environmental Quality; Department of
					 Wildlife and Fisheries; Office of Public Works of the Department of
					 Transportation and Development; or the successors to any of the above; and to
					 local governing authorities of any municipality and parish within whose
					 territorial jurisdiction the facility or activity is located.
B. Review Considerations
1. In conducting its review of the
					 application, the administrative authority will consider the purpose and use of
					 facilities, operations and monitoring plan, capacity, closure, site
					 suitability, financial responsibility, legal considerations, special
					 considerations deemed necessary by the administrative authority on a site
					 specific basis, and local zoning ordinances.
2. Comment from the public and involved
					 local, parish, state, and federal agencies will be reviewed. The administrative
					 authority may consider that the agencies that do not comment within 45 days
					 from the date the ad is published in the newspaper have no objection to the
					 proposed operation.
3. The
					 administrative authority will assist the operator in the modification of the
					 permit application or facility design or operation by:
a. conducting staff discussions with
					 operator, designing engineer, and other principals to discuss reasons for
					 denial;
b. referencing to
					 "state-of-the-art" procedures and methods which, if incorporated in the
					 operation design, would allow permit reapplication; and
c. conducting staff evaluations of
					 objectionable features of application.
4. Initial compliance inspections shall be
					 made as follows:
a. for existing facilities as
					 a part of permit application evaluation; or
b. for new facilities ready to begin
					 operation, after a "Request to Perform Initial Inspection" is submitted by the
					 operator to the administrative authority. This inspection determines that new
					 construction was built in conformity with conditions of the permit by a
					 certification from the operator and supervising engineer, and actual department
					 inspection and evaluation.
5. Order to proceed, or to continue with
					 operation shall be given as follows:
a. the
					 administrative authority will issue to existing facilities a notice to continue
					 operations, issue an interim permit for a specified length of time to continue,
					 and cite measures which must be taken to satisfy the terms of the permit.
					 Specific target dates will be listed in the permit and a report of compliance
					 will be submitted as required to the administrative authority but in no case
					 less than quarterly; or
b. to new
					 facilities the administrative authority will issue a notice permitting
					 operation under a standard permit or issue a list of modifications required,
					 before an order to begin operation will be issued.
6. Mandatory Provisions. Operation of
					 existing facilities during department action on the permit application is
					 permitted, in accordance with provisions of the Act, except that when the
					 continued operation of an existing facility is determined by the department to
					 be causing or about to cause irreparable damage to the environment, or a
					 serious threat to life or safety based on recognized criteria or standards, or
					 both, the administrative authority shall institute immediate enforcement
					 actions pursuant to LAC 33:V.107 of these regulations and the Act. During the
					 time period effective as of November 19 1980, and to extend no longer than the
					 date of issuance of an interim or standard permit, existing treatment, storage
					 and disposal facilities are required to meet interim status standards, in
					 addition to the requirements of prior permits issued before August 1, 1979.
					 Failure to comply with applicable provisions of the interim status standards as
					 set forth in LAC 33:V.Chapter 43 shall be a violation of these
					 regulations.
7. If an applicant
					 fails or refuses to correct deficiencies in the application, the permit may be
					 denied and appropriate enforcement actions may be taken under the applicable
					 statutory provisions.
8. The
					 effective date of an application is the date on which the administrative
					 authority notifies the applicant that the application is complete as provided
					 in LAC 33:V.303.M.
9. For each
					 application from a major TSD facility, the administrative authority shall, no
					 later than the effective date of the application, prepare and mail a project
					 decision schedule to the applicant. The schedule shall specify target dates by
					 which the administrative authority intends to:
a. prepare a draft permit;
b. give public notice;
c. complete the public comment period,
					 including any public hearing; and
d. issue a final permit.