La. Admin. Code tit. 33 § VII-529

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

Section VII-529 - Conditions Applicable to All Permitted Facilities

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.

La. Admin. Code tit. 33, § VII-529

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 37:3247 (November 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2154.