La. Admin. Code tit. 43 § XIX-527

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

Section XIX-527 - Permitting Procedures

A. The Office of Conservation will review a new commercial facility or transfer station application within 90 days of receipt and inform the applicant of its completeness.

B. If the application is not complete, the applicant shall be advised of additional information to be submitted for approval or the application shall be returned and the applicant will be required to resubmit the application.

C. Upon acceptance of the application as complete, the Office of Conservation shall set a time and date and secure a location for the required public hearing to be held in the affected parish.

D. The public hearing shall be fact finding in nature and not subject to the procedural requirements of the Administrative Procedure Act. All interested persons shall be allowed the opportunity to present testimony, facts, or evidence related to the application or to ask questions.

E. At least 30 days prior to the hearing, the applicant is required to file six copies of the complete application with the local governing authority of the parish in which the proposed facility is to be located to be made available for public review. Two additional copies of the complete application shall be filed in the parish library closest to the proposed facility.

F. Permit Issuance

1. The commissioner shall issue a final permit decision within 120 days of the close of the public comment period.

2. A final permit decision shall become effective on the date of issuance.

3. A permit to construct a commercial facility or transfer station (and any associated disposal well) will not be granted until a certified copy of a lease or proof of ownership of the property where the proposed facility is to be located is submitted to the Office of Conservation.

4. Approval or the granting of a permit to construct a commercial facility or transfer station (and any associated disposal well) shall be valid for a period of one year and if construction is not completed in that time, the permit shall be null and void. Requests for an extension of this one year requirement may be approved by the commissioner for extenuating circumstances only.

G. The application for construction and operation of a new or additional transfer station by an existing commercial E and P Waste treatment and/or disposal facility permitted by the Office of Conservation to operate within the state of Louisiana shall be administratively approved or denied.

La. Admin. Code tit. 43, § XIX-527

Promulgated by the Department of Natural Resources, Office of Conservation, LR 26:2817 (December 2000), amended LR 27:1907 (November 2001).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.