Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 5 - Solid Waste Management System › Subchapter E - Permit Requirements › Section VII-529 - Conditions Applicable to All Permitted Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following conditions apply to all
					 solid waste permits.
1. The permit holder
					 shall comply with all conditions of a permit except that the permit holder need
					 not comply with the conditions of a permit to the extent and for the duration
					 such noncompliance is authorized in an emergency permit or order. Any permit
					 noncompliance constitutes a violation of the Act and any amendments to the Act,
					 and is grounds for enforcement action, permit suspension, revocation or
					 modification, or denial of a permit renewal application.
2. It shall not be a defense for a permit
					 holder 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 a permit.
3. The
					 permit holder shall take all necessary steps to minimize and/or correct any
					 adverse impact on the environment resulting from noncompliance with a
					 permit.
4. The permit holder shall
					 at all times properly operate and maintain all facilities and systems which are
					 installed or used by the permit holder to achieve compliance with the
					 conditions of a permit. Proper operation and maintenance includes effective
					 performance, adequate funding, adequate operator staffing and training, and
					 process controls, including appropriate quality assurance procedures. This
					 provision requires the operation of back-up or auxiliary facilities or similar
					 systems only when necessary to achieve compliance with the conditions of a
					 permit.
5. The filing of a request
					 by the permit holder for a permit modification, termination, or a notification
					 of planned changes or anticipated noncompliance, does not stay any permit
					 condition.
6. A permit does not
					 convey any property rights of any sort, or any exclusive privilege.
7. The permit holder shall furnish to the
					 administrative authority, within a reasonable time, any information which may
					 be requested to determine whether cause exists for modifying, revoking,
					 suspending or terminating an effective permit, or to determine compliance with
					 an effective permit. The permit holder shall also furnish, upon request, copies
					 of records required to be kept by a permit.
8. The permit holder shall allow the
					 administrative authority, or an authorized representative, upon the
					 presentation of credentials and other documents as may be required by law, to:
a. enter upon the permit holder's premises
					 where a regulated facility or activity is located or conducted, or where
					 records shall be kept under the conditions of its permit;
b. have access to and copy, at reasonable
					 times, any records that shall be kept under the conditions of its
					 permit;
c. inspect at reasonable
					 times any facilities, equipment (including monitoring and control equipment),
					 practices, or operations regulated or required under its permit; and
d. sample or monitor at reasonable times, for
					 the purposes of assuring permit compliance, any substances or parameters at any
					 location.
9. The permit
					 holder shall report any fire, explosion, unplanned sudden or non-sudden release
					 to air, soil, or water which may endanger health or the environment as required
					 by the "Notification Regulations and Procedures for Unauthorized Discharges''
					 (see LAC 33:I.Chapter 39).
10. If
					 the permit holder determines that incorrect or incomplete information was
					 submitted in a permit application or in any report to the administrative
					 authority, the permit holder shall promptly submit such facts or information to
					 the Office of Environmental Services.
11. A permit issued under these regulations
					 does not authorize non-compliance with any other federal, state, or local
					 regulation, law, or statute.