La. Admin. Code tit. 33 § V-4396

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-4396 - Post-Closure Requirements for Facilities That Obtain Enforceable Documents in Lieu of Post-Closure Permits

A. Owners and operators who are subject to the requirement to obtain a post-closure permit under LAC 33:V.305, but who obtain enforceable documents in lieu of post-closure permits, as provided under LAC 33:V.305.H, must comply with the following requirements:

1. submit information about the facility in accordance with LAC 33:V.528;

2. facility-wide corrective action in accordance with LAC 33:V.3322; and

3. LAC 33:V.Chapter 33.

B.

1. The administrative authority, in issuing enforceable documents under this Section in lieu of permits, will assure a meaningful opportunity for public involvement which, at a minimum, includes public notice and opportunity for public comment:

a. when the department becomes involved in a remediation at the facility as a regulatory or enforcement matter;

b. on the proposed preferred remedy and the assumptions upon which the remedy is based, in particular those related to land use and site characterization; and

c. at the time of a proposed decision that remedial action is complete at the facility. These requirements must be met before the administrative authority may consider that the facility has met the requirements of LAC 33:V.305.H, unless the facility qualifies for a modification to these public involvement procedures under Paragraph B.2 or 3 of this Section.

2. If the administrative authority determines that even a short delay in the implementation of a remedy would adversely affect human health or the environment, the administrative authority may delay compliance with the requirements of Paragraph B.1 of this Section and implement the remedy immediately. However, the administrative authority must assure involvement of the public at the earliest opportunity and, in all cases, upon making the decision that additional remedial action is not needed at the facility.

3. The administrative authority may allow a remediation initiated prior to October 22, 1998, to substitute for corrective action required under a post-closure permit even if the public involvement requirements of Paragraph B.1 of this Section have not been met, so long as the administrative authority assures that notice and comment on the decision that no further remediation is necessary to protect human health and the environment takes place at the earliest reasonable opportunity after October 22, 1998.

La. Admin. Code tit. 33, § V-4396

Promulgated by the Department of Environmental Quality, Office of Waste Services, Hazardous Waste Division, LR 25:486 (March 1999).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.