La. Admin. Code tit. 33 § I-3715

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

Section I-3715 - Termination

A. By the Recipient

1. A party to a FPA may terminate the FPA at any time by sending notice of termination to the administrative authority by certified mail.

2. The party terminating must be in compliance with all existing statutes or regulations at the time of termination.

B. By the Department

1. Noncompliance with the terms and conditions of a FPA or any provision of this Chapter may result in the FPA being voided, except that the recipient shall be given written notice of the noncompliance and provided an opportunity, not less than 30 days from the date the notice was mailed, to show cause why the FPA should not be voided. Procedures for requesting a show cause hearing before the Division of Administrative Law shall be included in the written notice.

2. In the event more stringent or more protective regulations become effective after execution of a FPA, the recipient shall amend or modify the FPA to provide environmental protection equal to the new regulation pursuant to department and EPA approval, or the FPA will be voided.

3. In the event a FPA becomes void, the administrative authority may specify an appropriate and reasonable transition period to allow the recipient to come into full compliance with all existing statutory and regulatory requirements, including time to apply for any necessary agency permits, authorizations, or certifications.

La. Admin. Code tit. 33, § I-3715

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2198 (November 1999).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2561 et seq.