La. Admin. Code tit. 43 § XIX-535

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

Section XIX-535 - Notification Requirements

A. Any change in the principal officers, management, or ownership of an approved commercial facility or transfer station must be reported to the commissioner in writing within 10 days of the change.

B. Transfer of Ownership

1. A commercial facility or transfer station permit may be transferred to a new owner or operator only upon approval by the commissioner. The new owner or operator must apply for and receive an operator code by submitting a completed Form OR-1 (or latest revision) to the Office of Conservation.

2. The current permittee shall submit an application for transfer at least 30 days before the proposed transfer date. The application shall contain the following:

a. name and address of the proposed new owner (permittee);

b. date of proposed transfer; and

c. a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, financial responsibility, and liability between them.

3. If no agreement described in §535. B.2.c above is provided, responsibility for compliance with the terms and conditions of the permit and liability for any violation will shift from the existing permittee to the new permittee on the date the transfer is approved.

C. Commercial facility and transfer station operators shall give written notice to the commissioner of any planned physical or operational alterations or additions to a permitted facility or proposed changes in the E and P Waste management plan. Requests to make such changes must be submitted to and approved by the commissioner prior to beginning construction or accomplishing the change by other means.

D. The operator of a newly approved commercial facility, transfer station, and/or disposal well must notify the commissioner when construction is complete. The operator shall not commence receiving E and P Waste or injecting E and P Waste fluids until the facility has been inspected for compliance with the conditions of the permit and the disposal well has been tested for mechanical integrity.

E. An operator of a commercial facility or transfer station shall report to the commissioner any noncompliance, including but not limited to those which may endanger public health, safety or welfare or the environment, including, but not limited to, impacts to surface waters, groundwater aquifers and underground sources of drinking water, whether onsite or offsite. Such notice shall be made orally within 24 hours of the noncompliance and followed by written notification within five days explaining details and proposed methods of corrective action.

F. When a commercial facility or transfer station operator refuses to accept a load of unauthorized waste (not meeting the definition of E and P Waste), the Office of Conservation shall be notified immediately by electronic submission (facsimile) of a completed Form UIC-26 and the manifest which accompanied the shipment of unauthorized waste or otherwise provide the names of the generator and transporter of the unauthorized waste.

G. The operator of a commercial salt cavern E and P Waste storage well and facility shall provide a corrective action plan to address any unauthorized escape, discharge or release of any material, fluids, or E and P Waste from the well or facility, or part thereof. The plan shall address the cause, delineate the extent, and determine the overall effects on the environment resulting from the escape, discharge or release. The Office of Conservation shall require the operator to formulate a plan to remediate the escaped, discharged or released material, fluids or E and P Waste if the material, fluids, or E and P Waste is thought to have entered or has the possibility of entering an underground source of drinking water.

La. Admin. Code tit. 43, § XIX-535

Promulgated by the Department of Natural Resources, Office of Conservation, LR 27:1909 (November 2001), amended LR 29:938 (June 2003).

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