Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XVII - Office of Conservation-Injection and Mining › Subpart 2 - Statewide Order No. 29-N-2 › Chapter 2 - Class I Hazardous Waste Injection Wells › Section XVII-207 - Legal Permit Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicability. The rules and regulations of this Section set forth legal
				  conditions for all Class I hazardous waste injection well permits.
B. Signatories. All reports required by
				  permits and other information requested by the commissioner shall be signed as
				  in applications by a person described in §205 D
C. Financial Responsibility. The permit shall
				  require the permittee to maintain financial responsibility and resources to
				  close, plug and abandon and for post-closure care of the Class I hazardous
				  waste injection wells in a manner prescribed by the commissioner. The permittee
				  must show evidence of financial responsibility to the commissioner by the
				  submission or a surety bond, or other adequate assurance, such as financial
				  statements or other materials acceptable to the commissioner (see §209 O)
D. Duty to Comply. The
				  permittee must comply with all conditions of a permit. Any permit noncompliance
				  constitutes a violation of the act and is grounds for enforcement action, or
				  permit termination, revocation and reissuance, or modification; or for denial
				  of a permit renewal application if the commissioner determines that such
				  noncompliance endangers underground sources of drinking water. The permittee
				  need not comply with the provisions of his permit to the extent and for the
				  duration such noncompliance is authorized in an (temporary) emergency permit
				  under §215
E. Duty to
				  Reapply. If the permittee wishes to continue an activity regulated by permit
				  after the expiration date of the permit, the permittee must apply for and
				  obtain a new permit.
F. Duty to
				  Halt or Reduce Activity. 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.
G. Duty to Mitigate. The
				  permittee shall take all reasonable steps to minimize or correct any adverse
				  impact on the environment such as the contamination of underground sources of
				  drinking water or zones outside of the approved injection zone resulting from
				  noncompliance with this permit.
H.
				  Proper Operation and Maintenance. 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 his permit. Proper operation and maintenance
				  includes effective performance, adequate funding, adequate operation staffing
				  and training, and adequate laboratory 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 the permit.
I. Inspection and Entry. Inspection and entry
				  shall be allowed as prescribed in R.S. of 1950, Title 30, Section 4.
J. Compliance. Compliance with a permit
				  during its term constitutes compliance, for purposes of enforcement, with the
				  act and these regulations.
K.
				  Property Rights. The issuance of a permit does not convey any property rights
				  or any sort, or any exclusive privilege or servitude.
L. Notification Requirements
1. Planned Changes. The permittee shall give
				  notice to the commissioner as soon as possible of any planned physical
				  alterations or additions to the permitted facility which may constitute a major
				  modification of the permit.
2.
				  Notice of Well Completion
a. A new Class I
				  hazardous waste injection well may not commence injection until construction is
				  complete, a notice of completion has been submitted to the commissioner and the
				  commissioner has inspected or otherwise reviewed the injection well and finds
				  it is in compliance with the conditions of the permit.
b. The commissioner shall inspect the well
				  within 10 working days of the notice of completion required in §207.
				  L.2 a
c. If the permittee has not
				  received notice from the commissioner of his intent to inspect or review the
				  well or if the commissioner has not inspected or otherwise reviewed the new
				  Class I hazardous waste injection well within 10 working days of the notice of
				  completion in §207. L.2 a, prior inspection or review is waived and the
				  permittee may commence injection.
3. Anticipated Noncompliance. The permittee
				  shall give advance notice to the commissioner of any planned changes in the
				  permitted facility or activity which may result in noncompliance with permit
				  requirements.
4. Transfers. A
				  permit is not transferable to any person except after notice to the
				  commissioner. The commissioner may require modification or revocation and
				  reissuance of the permit to change the name of the permittee and incorporate
				  such other requirements as may be necessary (see §213).
5. Compliance Schedules. Report of compliance
				  or noncompliance with, or any progress reports on, interim and final
				  requirements contained in any compliance schedule in these regulations shall be
				  submitted to the commissioner no later than 14 days following each schedule
				  date.
6. Twenty-Four Hour Reporting
a. The permittee shall report to the
				  commissioner any noncompliance which may endanger health or the environment.
				  Any information pertinent to the noncompliance shall be reported by telephone
				  within 24 hours from the time the permittee becomes aware of the circumstances.
				  A written submission shall also be provided within five days of the time the
				  permittee becomes aware of the circumstances and shall contain a description of
				  the noncompliance and its cause, the period of noncompliance, including exact
				  dates and times, and if the noncompliance has not been corrected, the
				  anticipated time it is expected to continue; and steps taken or plannned to
				  reduce, eliminate, and prevent reoccurrence of the noncompliance.
b. The following additional information must
				  be reported within the 24-hour period provided above:
i. any monitoring or other information which
				  indicates that any contaminant may cause an endangerment to a USDW or zone
				  outside of the injection zone;
ii.
				  any noncompliance with a permit condition or malfunction of the injection
				  system which may cause fluid migration into or between USDW's or outside of the
				  injection zone.
7. The permittee shall notify the
				  commissioner at such times as the permit requires before abandonment of the
				  Class I hazardous waste injection well (see §209. L 2
8. Other Noncompliance. The permittee shall
				  report all instances of noncompliance not reported under §207. L.5 at the time quarterly reports are submitted. The reports shall contain the
				  information listed in §207. L 6
9. Other Information. Where the permittee
				  becomes aware that it failed to submit any relevant facts in a permit
				  application, or submitted incorrect information in a permit application or in
				  any report to the commissioner, it shall promptly submit such facts or
				  information.