reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 18 - Expedited Permit Processing Program › Section I-1803 - Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requests for
				  expedited permit processing shall be submitted using the approved form. The
				  approved form is available on the official website for the department. Hard
				  copies may be obtained from the Office of Environmental Services.
B. Within 10 working days after receipt of a
				  request for expedited processing of any permit, modification, license,
				  registration, or variance, the administrative authority shall issue a decision
				  to grant or deny the expedited processing request.
C. Permit Applications. The following are
				  additional permit application requirements for facilities requesting expedited
				  permit processing.
1. If requested by the
				  department, the applicant shall submit permit application information
				  electronically using the Air Permit Data Upload (APDU) system or any other
				  electronic data submittal program provided by the department.
2. Prior to submittal of a permit application
				  for a new major source, a new synthetic minor source, or a major modification
				  of an existing source, a technical meeting with a representative of the
				  department is recommended to review and discuss the proposed
				  application.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 18 - Expedited Permit Processing Program › Section I-1805 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				  the fees charged pursuant to
				  R.S.
				  30:2014, a fee shall be charged for each
				  application for a permit, modification, license, registration, or variance that
				  is processed on an expedited basis in accordance with the provisions of this
				  Chapter.
1. An appropriate fee shall be
				  computed based on the maximum per hour overtime salary, including associated
				  related benefits, of the civil service employee of the department who performs
				  the work.
2. The fee shall be
				  computed by multiplying the salary figure from Paragraph A.1 of this Section by
				  every overtime hour or portion thereof that a department employee or contractor
				  works on expedited processing of the application for a permit, modification,
				  license, registration, or variance.
3. The applicant may request that the
				  expedited permit processing fee not exceed a maximum amount. If such a maximum
				  amount is established, the number of overtime hours a department employee or
				  contractor works processing the application for a permit, modification,
				  license, registration, or variance shall be limited accordingly. If further
				  processing of the application is required, the department's continued review
				  will not follow the provisions of this Chapter, and the request will no longer
				  be handled on an expedited basis, unless the applicant agrees in writing to pay
				  the expedited fees required to complete the expedited processing of the permit
				  action.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 18 - Expedited Permit Processing Program › Section I-1807 - Invoicing and Failure to Pay

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  An invoice for the expedited permit processing fee shall be transmitted to the
				  applicant after the administrative authority has made a decision to grant or
				  deny the permit, modification, license, registration, or variance.
B. If the administrative authority has ceased
				  processing the permit application in accordance with LAC 33:I.1803.D.3 or
				  1805.A.3, an invoice for the appropriate expedited permit processing fee shall
				  be transmitted to the applicant.
C.
				  Failure to pay the expedited permit processing fee by the due date specified on
				  the invoice constitutes a violation of these regulations and shall subject the
				  applicant to relevant enforcement action under the Louisiana Environmental
				  Quality Act including, but not limited to, revocation or suspension of the
				  permit, modification, license, registration, or variance.
D. A permit appeal, whether by the applicant
				  or a third party, shall not stay the requirement to pay the expedited permit
				  processing fee.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30: 2014.5 and
					 6.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 18 - Expedited Permit Processing Program › Section I-1809 - Public Notice and Availability of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requirement to Provide Public Notice. The
				  department shall provide notice of each request for expedited processing of an
				  application for a permit, modification, license, registration, or variance that
				  is processed pursuant to the provisions of this Chapter.
1. The notice of expedited permit processing
				  shall be provided on the official website for the department.
2. For draft or proposed permit actions
				  subject to public notice requirements under other regulations or program
				  requirements, such public notice shall indicate that the draft or proposed
				  permit was processed under the expedited permit processing provisions of this
				  Chapter.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 19 - Facility Name and Ownership/Operator Changes Process › Section I-1901 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  applies to name and ownership/operator changes at facilities that are under the
				  purview of the air, water, hazardous waste, and solid waste regulatory
				  programs. Written notifications of these changes shall be submitted to the
				  department for facilities applying for or holding any air permits, Louisiana
				  Pollutant Discharge Elimination System (LPDES) permits, hazardous waste
				  permits, and solid waste permits. A name, ownership, and/or operator change
				  will be considered a minor permitting action or administrative
				  amendment.
B. When the ownership of
				  a facility holding an LPDES permit changes and there is no change to the
				  operator of that facility, a permit transfer is not required. Notification of
				  the change of ownership is still required in accordance with LAC
				  33:I.1905.
C. The terms
administratively complete
,
administrative
				  amendment
,
financial assurance
, and
minor
				  modification
as used in this Chapter shall have the same meaning and
				  intent as when used in LAC 33:Parts III, V, VII, and IX.
D. This Chapter does not supersede any
				  otherwise applicable requirements addressing administrative amendments or
				  modifications in the air, LPDES, hazardous waste, and solid waste programs, in
				  particular, applicable MACT rules or acid rain program requirements.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 19 - Facility Name and Ownership/Operator Changes Process › Section I-1903 - Liability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The previous
				  owner or operator retains responsibility for compliance with all permit terms
				  and conditions until the permit has been transferred in accordance with this
				  Chapter.
B. The previous owner or
				  operator retains responsibility for compliance with the financial requirements
				  until the new owner or operator has demonstrated that he or she is complying
				  with the specified financial requirements of Title 33 of the Louisiana
				  Administrative Code (e.g., LAC 33:V.Chapter 37, LAC 33:VII.Chapter 13, and LAC
				  33:IX.Chapter 67 and Section 7307).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 19 - Facility Name and Ownership/Operator Changes Process › Section I-1905 - Name Change

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Changes in the name only of a facility or of its owner/operator shall be made
				  with written notification to the Office of Environmental Services. The owner or
				  operator shall submit a complete Name/Ownership/Operator Change Form (NOC-1
				  Form) prior to or no later than 45 days after the change. This form may be
				  found on the department's website.
B. Within 30 days after receipt of the
				  complete notification of a change of name of a facility or of its
				  owner/operator, the administrative authority shall notify the owner/operator
				  that the department has received and processed the name change. The effective
				  date of the name change shall be the date indicated on the NOC-1 Form unless
				  the administrative authority determines that a different date is appropriate,
				  in which case the Office of Environmental Services shall notify the permit
				  applicant of the actual effective date.
C. For permitted hazardous waste facilities,
				  the permittee shall send a notice of the name change to all persons on the
				  facility mailing list maintained by the administrative authority, and to the
				  appropriate units of state and local government, as specified in LAC 33:V.717.
				  This notification shall be made within 90 calendar days after the change is
				  effective.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 19 - Facility Name and Ownership/Operator Changes Process › Section I-1907 - Change of Ownership/Operator-No Financial Assurance Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  administrative authority may approve the transfer of a permit to a new owner or
				  operator where no financial assurance is required, based on the presence of the
				  following factors:
1. documentation clearly
				  identifying the party who will be responsible for existing violations;
				  and
2. evidence of managerial
				  competence on the part of the new owner or operator in accordance with LAC
				  33:I.1701.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 19 - Facility Name and Ownership/Operator Changes Process › Section I-1909 - Change of Ownership/Operator-Financial Assurance Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  administrative authority may approve the transfer of a permit to a new owner or
				  operator where financial assurance is required, based on the following factors:
1. assumption by the new owner or operator of
				  liability for existing violations;
2. demonstration of compliance with financial
				  responsibility requirements by the new owner or operator; and
3. evidence of managerial competence on the
				  part of the new owner or operator in accordance with LAC 33:I.1701.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 19 - Facility Name and Ownership/Operator Changes Process › Section I-1911 - Fees for Name and Ownership/Operator Changes

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notifications of name or
				  ownership/operator changes at a facility shall be submitted by the new owner or
				  operator with the appropriate fees. The fees listed below cover the cost of
				  reviewing, evaluating, and processing a name or ownership/operator change that
				  has occurred at the facility.
Name and Ownership/Operator Change
								Fees
Program
LAC Citation for Fee
Air
LAC 33:III.223, Fee Number 2000
Solid Waste: Type I, I-A, II, and II-A
								Facilities
LAC 33.VII.1501.C
(N/A for name change alone)
Solid Waste: Type III Facilities or Beneficial Use
								Facilities
LAC 33.VII.1501.D
(N/A for name change alone)
LPDES
LAC 33:IX.1309.D.4
(N/A for name change alone)
B.
				  Methods of Payment
1. All payments made by
				  check, draft, or money order shall be made payable to the Department of
				  Environmental Quality, and mailed to the department at the address provided on
				  the NOC-1 form.
2. Electronic
				  Methods of Payment
a. Persons wishing to make
				  payments using the electronic pay (e-pay) method shall access the department's
				  website and follow the instructions provided on the website.
b. Persons wishing to make payments using the
				  electronic funds transfer (EFT) method shall contact the Office of Management
				  and Finance for further instructions.
3. Cash is not an acceptable form of
				  payment.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 20 - Records of Decision for Judicial Review › Section I-2001 - Scope and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  These regulations provide for the assembly, in a uniform and consistent order,
				  of a record of decision of any department action or decision that is the
				  subject of an appeal to, or other request for judicial review by, a court of
				  competent jurisdiction.
B. The
				  copying, assembly, and lodging of a record of decision with a court of
				  competent jurisdiction pursuant to an appeal or other request for judicial
				  review of an agency decision or other department action shall be considered a
				  public records request in accordance with LAC 33:I.Chapter 23.
1. The cost, in accordance with LAC
				  33:I.Chapter 23, of the preparation of a record of decision for lodging with
				  the court shall be borne by the person seeking judicial review unless otherwise
				  assigned by the court.
2. In the
				  event of conflict between the requirements of LAC 33:I.Chapter 23 and this
				  Chapter, the requirements of this Chapter shall apply.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 20 - Records of Decision for Judicial Review › Section I-2003 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms used in this Chapter shall have the meanings listed below, unless the
				  context otherwise requires, or unless specifically redefined in a particular
				  Section.
Record of Decision
- for purposes of this
					 Chapter, all documents, evidence, and other items presented to, and/or actually
					 considered by, the decision maker for the purpose of influencing the decision.
					 This shall include, but is not limited to:
a. the record of any hearing or other
				  proceeding held in connection with the decision or action;
b. any comments, written or oral, submitted
				  to the department in connection with the decision or action;
c. any response to such comments issued by
				  the department;
d. all matters
				  officially noticed by the decision maker;
e. any written statement of the decision or
				  action and reasons therefor; and
f.
				  for permit actions:
i. the permit
				  application, including all supplements and amendments thereto;
ii. any notices of deficiency issued by the
				  department;
iii. any responses to
				  notices of deficiency;
iv. any
				  correspondence relating to the permit application;
v. any public notices relating to the permit
				  action; and
vi. the final permit,
				  if granted.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 20 - Records of Decision for Judicial Review › Section I-2005 - Responsibility for Assembly of Record of Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the department is served with notice
				  of an appeal or other request for judicial review, such notice shall be
				  immediately forwarded to the Office of the Secretary, which shall be
				  responsible for assembling a complete and legible copy of the record of
				  decision and transmitting it to the court.
B. Upon receipt of such notice, the Legal
				  Affairs Division shall promptly notify the decision maker and other appropriate
				  agency personnel, each of whom shall be responsible for promptly transmitting
				  to the Legal Affairs Division, complete and legible copies of any portions of
				  the record of decision that may be in his/her possession or control.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular,
					 2050.20.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 20 - Records of Decision for Judicial Review › Section I-2007 - Format of Record of Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless otherwise required by law or rule
				  of court, the copy(ies) of the record of decision that are transmitted to the
				  court shall be assembled in the format indicated in Paragraphs A.1-5 of this
				  Section.
1. The main body of the record shall
				  consist of all documents (or legible copies thereof) other than exhibits.
				  (Exhibits are addressed in Paragraph A.2 of this Section.) The main body shall
				  be assembled according to the provisions of Subparagraphs A.1.a-e of this
				  Section.
a. The documents shall be arranged
				  in chronological order, with the oldest document as the first.
b. Each page shall be consecutively numbered.
				  The page number shall be inscribed in the lower right corner of the page, where
				  it is possible to do so without obscuring text or other information.
c. The pages shall be on white paper,
				  measuring 8 1/2 by 14 inches. The image shall be on one side of the paper
				  only.
d. If the main body of the
				  record contains more than 250 pages, it shall be divided into volumes of 250
				  pages or less.
e. Each volume shall
				  be bound at the top, with front and back covers. The front cover of each volume
				  shall be inscribed with:
i. the name of the
				  court to which the record is directed;
ii. the title of the action;
iii. the docket number assigned by the
				  court;
iv. the division of the
				  court to which the matter is assigned;
v. the words, "Record of Decision;"
vi. the name, address, and telephone number
				  of each attorney of record, with the name and status of each party he/she
				  represents;
vii. the volume number
				  of that volume and the total number of volumes (i.e., Volume 2 of 3);
				  and
viii. the number of exhibits
				  included in the record of decision.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 21 - Electronic Submittals and Electronic Signatures › Section I-2101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				  R.S.
				  30:2043, electronic documents will be
				  accepted by the department in satisfaction of the requirements of department
				  regulations, notwithstanding any other department regulation to the
				  contrary.
B. This Chapter provides
				  for the submittal of electronic documents and electronic signatures to the
				  department as original documents to meet requirements set forth in department
				  regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:2043 and
					 9:2601.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 21 - Electronic Submittals and Electronic Signatures › Section I-2103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For all purposes
				  of this Chapter, the terms defined in this Section shall have the following
				  meanings, unless the context of use clearly indicates otherwise.
Department
-the Louisiana Department of
					 Environmental Quality.
Electronic Document
-any document in
					 electronic, magnetic, optical, or other format, except an audio recording, used
					 to create, transfer, approve, or store the document for subsequent retrieval.
					 This may include data, text, codes, computer programs, software, or
					 databases.
Electronic Document Receiving System
-a
					 set of apparatus, procedures, software, and/or records used to receive
					 electronic documents.
Electronic Signature
-any information in
					 digital form that is included in or logically associated with an electronic
					 document for the purpose of expressing the same meaning and intention as would
					 a handwritten signature if affixed to an equivalent paper document with the
					 same reference to the same content. An electronic document bears or has on it
					 an
electronic signature
when it includes or has logically
					 associated with it such information.
Subscriber
-a person who has submitted a
					 subscriber agreement to the department and has received authorization from the
					 department to submit electronic documents using one of the department's
					 electronic document receiving systems.
Subscriber Agreement
-a document drafted
					 by the department and signed with a handwritten wet ink signature by a
person
as defined in
					 R.S.
					 30:2004, or with respect to an electronic
					 signature device that the person will use to create his or her electronic
					 signature, and whereon the person acknowledges the obligations connected with
					 preventing compromise of the electronic signature device.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:2043 and
					 9:2601.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 21 - Electronic Submittals and Electronic Signatures › Section I-2105 - Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person may submit an electronic
				  document to the department, in lieu of a paper document, provided that:
1. the person has executed the proper
				  subscriber agreement in accordance with department instructions;
2. the secretary has first published a notice
				  on the department's website announcing that the department is prepared to
				  receive, in electronic form, documents submitted to satisfy the requirements of
				  one or more specific programs;
3.
				  the person transmits the electronic document to an electronic document
				  receiving system designated by the department for the receipt of such
				  submissions, complying with the system's requirements for submission;
				  and
4. the electronic document
				  bears valid electronic signatures at all locations where the signatory would be
				  required to sign the paper document for which the electronic document
				  substitutes.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 21 - Electronic Submittals and Electronic Signatures › Section I-2107 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person who
				  submits an electronic document and fails to comply with the provisions of this
				  Chapter is subject to penalties and remedies for failure to comply with
				  department reporting requirements.
B. When an electronic document bears an
				  electronic signature, the electronic signature legally binds, obligates, and
				  makes the signatory responsible, to the same extent as the signatory's
				  handwritten signature would on a paper document.
C. Nothing in this Chapter limits the use of
				  an electronic document or information derived from electronic documents as
				  evidence in enforcement or other proceedings.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:2043 and
					 9:2601.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 22 - Open Meetings › Section I-2201 - Open Meetings Accessibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Department of Environmental Quality shall provide for participation via
				  electronic means on an individualized basis by people with
				  disabilities.
B. People with
				  disabilities are defined as any of the following:
1. a member of the public with a disability
				  recognized by the Americans with Disabilities Act (ADA);
2. a designated caregiver of such a person;
				  or
3. a member of the public body
				  itself with an ADA-qualifying disability.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 23 - Procedures for Public Record Requests › Section I-2301 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				  purpose of this Chapter to give notice of the standard department procedures
				  for receiving and processing requests for copies of public records and to
				  establish a department copy fee schedule in compliance with the Uniform Fee
				  Schedule for Copies of Public Records (LAC 4:I.301), the Administrative
				  Procedure Act (R.S.
				  49:950 et seq.), and the Louisiana Public
				  Records Law (R.S.
				  44:1 et seq.).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:950 et seq. and 44:1 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 23 - Procedures for Public Record Requests › Section I-2303 - Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
				  shall implement the fee schedule in LAC 33:I.2309 when providing copies of
				  public records requested by the public.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:950 et seq., 44:1 et seq., and 30:2043 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 23 - Procedures for Public Record Requests › Section I-2305 - Standard Operating Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. All requests for copies of public records,
				  including discovery requests, subpoenas duces tecum for production of public
				  records, and the preparation of a record of decision pursuant to LAC
				  33:I.Chapter 20, shall be made using LDEQ Form ISD-0005-01. A certification on
				  LDEQ Form ISD-0005-02 shall be submitted with a request for free or reduced
				  rate copies. Completed forms may be submitted in person, by mail, by facsimile,
				  or by another approved method. No other form of request will be honored. Copies
				  of the forms may be obtained through the department's website or from the
				  department's custodian of records.
B. Payment shall be made in accordance with
				  the rates established in this Chapter.
C. Advance payment is required, except for a
				  request for an administrative record of decision required to be lodged with a
				  court.
1. All payments made by check, draft,
				  or money order shall be made payable to the Department of Environmental
				  Quality.
2. Persons wishing to make
				  payments using the electronic pay method (e-pay) shall access the department's
				  website and follow the instructions provided on the website.
3. Persons wishing to make payments using the
				  electronic funds transfer (EFT) method shall contact the Office of Management
				  and Finance for further instructions.
4. Cash is not an acceptable form of
				  payment.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 23 - Procedures for Public Record Requests › Section I-2307 - Exceptions to Standard Operating Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following procedures shall apply to
				  persons requesting copies of public records under an exception to standard
				  operating procedures.
1. Requests for
				  exceptions to standard operating procedures shall be approved in advance by the
				  department's custodian of records.
2. All requests for copies of public records
				  shall be made using LDEQ Form ISD-0005-01 unless the records were prepared for
				  sale to the public, e.g., Environmental Regulatory Code.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 23 - Procedures for Public Record Requests › Section I-2309 - Uniform Fee Schedule

Current through Register Vol. 50, No. 6, June 20, 2024
Item
Regular Fee
Reduced Fee
Copy
$0.25 per one-sided page
$0.05 per one-sided page
$0.50 per two-sided page
$0.10 per two-sided page
Copy, Color
$1 per one-sided page
$0.50 per one-sided page
Copy of existing electronic file
$0.25 per one-sided page paper copy
$0.05 per page paper copy
$0.50 per two-sided page paper copy
$0.10 per page paper copy
(Disk/CD will be provided by the department)
Cost of disk/CD for electronic copy
Cost of disk/CD for electronic copy
Computer-generated report/ map that requires data
								processing time*
(Disk/CD will be provided by the department)
*Cost to include personnel, supplies, etc.
$25 per hour + cost of disk/CD
$5 per hour + cost of disk/CD
Copies printed and produced by outside sources at
								the request of the department (LSU Press, DOA Printing, etc.)
As determined by the cost statement
As determined by the cost statement
Facsimile, per page
**A cover sheet and an invoice shall be included
								in the faxed material at no charge.
$1 per page**
$1 per page**
Reproduced videotape
Cost of tape
Cost of tape
Reproduced audiotape
Cost of tape
Cost of tape
Postage & Handling
Actual cost
Actual cost
Viewing records, certification of record copies,
								or copies of Requests for Proposal (RFP)
No charge
No charge
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:950 et seq. and 44:1 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 25 - Beneficial Environmental Projects › Section I-2501 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  regulations apply when the department has decided to enter into a settlement in
				  which a beneficial environmental project (BEP) is utilized. The department
				  reserves the right to settle for the amount of cash penalty, if any, it deems
				  appropriate in considering all of the circumstances relating to the case in
				  which the settlement is perfected. The decision to enter into a settlement that
				  includes a BEP is solely within the discretion of the department. Nothing in
				  these regulations requires that the department enter into a settlement or that
				  the settlement include BEPs. Any BEP may be accepted if it meets the terms of
				  these regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011(D)(1), 2031, and
					 2050.7(E).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 25 - Beneficial Environmental Projects › Section I-2503 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms used in this Chapter shall have the meanings listed below, unless the
				  context otherwise requires, or unless specifically redefined in a particular
				  Section.
Beneficial Environmental Project (BEP)
-a
					 project that provides for environmental mitigation which the
					 defendant/respondent is not otherwise legally required to perform, but which
					 the defendant/respondent agrees to undertake as a component of a settlement of
					 a violation or penalty assessment.
Environmental Mitigation
-that which tends
					 to lead in any way to the protection from, reduction of, or general awareness
					 of potential risks or harm to public health and the environment. Environmental
					 mitigation includes any and all projects that conform to the requirements set
					 forth in LAC 33:I.2505.
Not Otherwise Legally Required to
					 Perform
-the approved project is not required of the
					 defendant/respondent by any federal, state, or local law, regulation, or permit
					 (except that early compliance may be allowed) or actions which the
					 defendant/respondent may be required to perform as injunctive relief in the
					 instant case or as part of a settlement or order in another
					 action.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011(D)(1), 2031, and
					 2050.7(E).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 27 - Mercury Risk Reduction › Subchapter A - Requirements Related to the Sale of Mercury-Added Products › Section I-2701 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulations for
					 the purpose of mercury risk reduction in the state of Louisiana are hereby
					 established by the department pursuant to R.S. 30:2571-2588.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2001 et seq. and, in particular,
						2571-2588.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 27 - Mercury Risk Reduction › Subchapter A - Requirements Related to the Sale of Mercury-Added Products › Section I-2703 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
					 this Chapter is to supplement procedures and requirements set forth in the
					 Louisiana Mercury Risk Reduction Act,
					 R.S. 30:2571
					 et seq., for manufacturers of mercury-added products offered for sale, users of
					 mercury-added products in drinking water and wastewater treatment systems, and
					 dismantlers of end-of-life products that contain mercury-added products within
					 the state of Louisiana. This Chapter is in addition to any other requirements
					 to provide notice, and nothing in this Chapter shall be construed to relieve
					 the department or any other person from any other requirement set forth in
					 Title 33 of the
Louisiana Administrative Code
. Furthermore,
					 nothing in this Chapter shall prevent a manufacturer of mercury-added products,
					 or the department, from providing additional means for public information and
					 participation consistent with this Chapter or any other Chapter of Title 33 of
					 the
Louisiana Administrative Code
.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2001 et seq. and, in particular,
						2571.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 27 - Mercury Risk Reduction › Subchapter A - Requirements Related to the Sale of Mercury-Added Products › Section I-2707 - Notifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective
					 January 1, 2007, no mercury-added product shall be offered for final sale or
					 use or distributed for promotional purposes in Louisiana without prior
					 notification in writing by the manufacturer of the product to the Office of the
					 Secretary in accordance with the requirements of this Section. The Interstate
					 Mercury Education and Reduction Clearinghouse (IMERC) report may be used for
					 notification purposes; a form can be obtained from IMERC, the department, or
					 the department's website.
1. The notification
					 to the department shall, at a minimum, include:
a. a brief description of the product to be
					 offered for sale, use, or distribution;
b. the amount of, and purpose for, mercury in
					 each unit of the product;
c. the
					 total amount of mercury contained in all products manufactured by the
					 manufacturer; and
d. the name and
					 address of the manufacturer, and the name, address, and phone number of a
					 contact at the manufacturer.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 27 - Mercury Risk Reduction › Subchapter A - Requirements Related to the Sale of Mercury-Added Products › Section I-2709 - Notification of Restrictions Governing Sale of Certain Mercury-Added Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. The final sale
					 or use or distribution of certain mercury-added products have been restricted
					 in
					 R.S.
					 30:2575(A)-(D).
B. Manufacturers that produce and sell such
					 materials shall notify retailers about these restrictions in writing. The
					 notification shall contain the following information:
1. the date of restriction;
2. proper handling and disposal
					 instructions;
3. recycling options;
					 and
4. proper clean-up instructions
					 in case of spills.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 27 - Mercury Risk Reduction › Subchapter A - Requirements Related to the Sale of Mercury-Added Products › Section I-2711 - Petitions for Exemptions from Phase Outs

Current through Register Vol. 50, No. 6, June 20, 2024
A. The manufacturer of a mercury-added
					 product subject to the phase-out provisions of
					 R.S.
					 30:2576 may petition the administrative
					 authority for an exemption.
B.
					 Applications for exemption from mercury-added product phase-out must contain
					 the following information:
1. documentation
					 of the basis for the requested exemption or renewal of exemption;
2. a description of how the manufacturer will
					 ensure that a system exists for the proper collection, transportation, and
					 processing of the products at the end of their useful lives;
3. documentation of the readiness of all
					 necessary parties to perform as intended in the planned system;
4. a statement of the consistency of the
					 exemption request with the practices of other IMERC states;
5. criteria considering whether use of the
					 product is beneficial to the environment or protective of public health or
					 protective of public safety, and, if so, how;
6. criteria considering whether there exist
					 any technically feasible alternatives to the use of mercury in the product,
					 and, if so, a description of such alternatives; and
7. criteria considering whether any
					 comparable non-mercury added products are available at a reasonable cost, and,
					 if so, a description of such products and their costs.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 27 - Mercury Risk Reduction › Subchapter A - Requirements Related to the Sale of Mercury-Added Products › Section I-2715 - Alternative Methods of Public Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. A manufacturer may apply to the department
					 for an alternative to the requirements of
					 R.S.
					 30:2577 and LAC 33:I.2713 where strict
					 compliance with the requirements is not feasible, or the proposed alternative
					 would be at least as effective in providing pre-sale notification of mercury
					 content and in providing instructions on proper disposal, or federal law
					 governs labeling in a manner that preempts state authority.
B. The manufacturer of a mercury-added
					 product subject to the labeling provisions of
					 R.S.
					 30:2577 and LAC 33:I.2713 may apply to the
					 department for approval of an alternative labeling plan. Applications for
					 approval of an alternative labeling plan must contain the following
					 information:
1. documentation of the
					 justification for the requested alternative, which shall include, but not be
					 limited to, any claim that strict compliance with the requirements of
					 R.S.
					 30:2577 and LAC 33:I.2713 is not feasible,
					 and any claim that federal law governs labeling in a manner that preempts state
					 authority;
2. a description of how
					 the alternative ensures that purchasers or recipients of mercury-added products
					 will be made aware of mercury content prior to purchase or receipt;
3. a description of how a person discarding
					 the product will be made aware of the need for proper handling to ensure that
					 the product is not disposed of with trash or garbage or in a sewer
					 system;
4. documentation of the
					 readiness of all necessary parties to implement the proposed alternative;
					 and
5. a description of the
					 performance measures to be utilized by the manufacturer to demonstrate that the
					 alternative is providing effective pre-sale notification and pre-disposal
					 notification.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 27 - Mercury Risk Reduction › Subchapter A - Requirements Related to the Sale of Mercury-Added Products › Section I-2717 - Collection of Mercury-Added Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. A manufacturer of any mercury-added
					 product containing more than 10 milligrams of mercury that is offered for final
					 sale or use or distributed for promotional purposes in the state must implement
					 a collection system plan that has been approved by the department. For a
					 product that contains more than one mercury-added product as a component, the
					 limits specified in this Subsection apply to each component. A manufacturer may
					 develop a collection system plan either on its own or in concert with
					 others.
B. The collection system
					 plan must provide for the removal and collection of the mercury-added component
					 or the collection of both the mercury-added component and the product
					 containing it.
C. Prior to offering
					 any mercury-added product containing more than 10 milligrams (or for products
					 with removable components, more than 10 milligrams per component) of mercury
					 for final sale or use or distribution for promotional purposes in Louisiana,
					 the manufacturer or its representative shall submit a written collection system
					 plan, or a request for exemption from the collection system plan requirement,
					 to the Office of the Secretary and receive the department's approval. The
					 proposed plan shall include the following information:
1. the manufacturer's name, mailing address,
					 and if available, Internet address;
2. the contact person's name and phone
					 number;
3. documentation describing
					 a public education program, including implementation dates, that will inform
					 the public about the purpose of the collection system program and how to
					 participate in it;
4.
					 identification of the targeted capture rate for the mercury-added product,
					 product category, or component;
5.
					 a plan for implementation of the proposed collection system;
6. documentation of the willingness of all
					 necessary parties to implement and participate in the program, and their
					 contact information;
7. a
					 description of the performance measures to be used to demonstrate that the
					 collection system is meeting capture rate targets;
8. a description of additional or alternative
					 actions that will be implemented to improve the collection system and its
					 operation in the event that the program targets are not met;
9. a description of a recycling or disposal
					 plan;
10. a signed certification
					 stating that the person signing:
a. has
					 personally examined and is familiar with the information submitted within the
					 collection system plan and all attachments; and
b. is authorized to sign the certification by
					 the entity on whose behalf he is signing.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 27 - Mercury Risk Reduction › Subchapter A - Requirements Related to the Sale of Mercury-Added Products › Section I-2719 - Disposal Ban and Proper Management of Mercury in Scrap Metal Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. On and after
					 January 1, 2007, mercury shall not be discharged to water, wastewater
					 treatment, and wastewater disposal systems except when it is done in compliance
					 with applicable local, state, and federal requirements.
B. No person, including, but not limited to,
					 Louisiana-licensed dismantlers and parts recyclers, motor vehicle crushers, and
					 scrapped motor vehicle dealers, shall crush, bale, shear, or shred a motor
					 vehicle unless the person has made a reasonable effort, to the extent safe and
					 practicable, to remove, or verify the removal of, the mercury-containing
					 convenience lighting switches and antilock braking system components. The
					 person removing the mercury-containing convenience lighting switches and
					 antilock braking system components from a motor vehicle shall maintain written
					 certification that the mercury-containing convenience lighting switches and
					 antilock braking system components have been removed to the extent safe and
					 practicable. A person verifying the removal of such mercury-containing
					 convenience lighting switches and antilock braking system components from the
					 scrapped motor vehicle by another party shall maintain written documentation
					 supporting the verification that the mercury-containing convenience lighting
					 switches and antilock braking system components have been removed to the extent
					 safe and practicable. Verification that the mercury-containing convenience
					 lighting switches and antilock braking system components have been removed from
					 a motor vehicle shall be accomplished by:
1.
					 obtaining a written certification from the person, or a duly authorized
					 representative of the person, who removed the mercury-containing convenience
					 lighting switches and antilock braking system components that such items
					 required to be removed have been removed and are not included, and conducting a
					 visual inspection as practicable; or
2. adopting a best management practices plan
					 (BMP) governing mercury-containing convenience lighting switches and antilock
					 braking system components in motor vehicles that is provided by the department,
					 or any other such BMP which is submitted to and approved by the department, and
					 participation in the EPA-partnered National Vehicle Mercury Switch Recovery
					 Program (NVMSRP), also known as the End of Life Vehicle Solutions (ELVS). A
					 copy of an approved BMP and lists of known recent makes and models of motor
					 vehicles with mercury-containing convenience lighting switches and antilock
					 braking system components is available from the department and can be obtained
					 for the department's website.