LAC 33:IX.7313. Standard Conditions Applicable to All Sewage Sludge and Biosolids Use or Disposal Permits

A. General Conditions 1. Incorporation of Provisions. In accordance with the provisions of this Chapter all sewage sludge and biosolids use or disposal permits shall incorporate either expressly or by reference all conditions and requirements applicable to the preparation and use or disposal of sewage sludge set forth in the Louisiana Environmental Quality Act, as amended, as well as all applicable regulations. 2. Duty to Comply. The permittee must comply with all conditions of an issued final permit. Any permit noncompliance constitutes a violation of the Louisiana Environmental Quality Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. 3. Enforcement Actions a. The department may take enforcement action as prescribed by state law or regulation against any person who: i. fails to submit a permit application as required by law; ii. knowingly makes any false statement, representation, or certification in any application, record, report, or other document filed with the department pursuant to the Act or these regulations. Violations of this provision may subject the violator to the penalties provided for in the Act for perjury or false statements; iii. fails to correct deficiencies in the permit application, or upon becoming aware that any relevant facts or information were omitted in a permit application or in any report to the department, fails to promptly submit such facts or information; iv. fails to take any necessary action to complete the permit issuance, such as payment of fees or publication of required notices; or v. fails to comply with any condition of the permit. b. In cases where an application for a sewage sludge and biosolids use or disposal permit is withdrawn by the applicant, a written notification shall be provided to the Office of Environmental Services stating that no sewage sludge use or disposal practice or other activity that would require a permit from the Office of Environmental Services is currently taking place. Provided that the application was not made in response to previous enforcement action, the applicant is then exempt from enforcement action for causes listed under this Paragraph. 4. Toxic Pollutants a. If any sewage sludge use or disposal standard or prohibition is promulgated under this Chapter or Section 405 of the Clean Water Act for a pathogen or pollutant, or concerning vector attraction reduction, management practices, etc., and that standard or prohibition is more stringent than any applicable requirement in an existing permit, the administrative authority shall institute proceedings under these regulations to modify or revoke and reissue the permit to conform to the sewage sludge use or disposal standard or prohibition. b. The permittee shall comply with sewage sludge use or disposal standards or prohibitions established under this Chapter within the time frame provided in the regulations that establish these standards or prohibitions, even if the permit has not been modified to incorporate the requirement. 5. Duty to Reapply for an Individual Permit. If the permittee wishes to continue an activity regulated by an existing permit after the expiration date of that permit, the permittee must apply for and obtain a new permit. The new application shall be submitted at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the administrative authority. The administrative authority shall not grant permission for applications to be submitted later than the expiration date of the existing permit. A permit that was issued in accordance with these regulations and that has expired shall be administratively continued until such time as a decision on an application to continue an activity under the permit has been issued by the administrative authority, if the application was received by the department at least 180 days prior to the permit expiration. 6. Permit Action a. Termination of Permit. The conditions set forth in LAC 33:IX.2907, 3105, and 6509 as causes for termination of a permit shall apply to permits issued in accordance with these regulations. b. Modification, Revocation and Reissuance i. Any permittee shall report to the administrative authority any facility changes in the specific use or disposal practices, the storage, the treatment, or the appropriate transportation of sewage sludge and/or biosolids. Any such changes that are expected to last in excess of 180 days shall be reported by submission of a modified permit application or by submission of notice to the administrative authority of the nature of such facility changes. The permittee shall not commence any facility changes in disposal practices, storage, treatment, or transportation of sewage sludge and/or biosolids without receiving a modified Sewage Sludge and Biosolids Use or Disposal permit or written authorization from the administrative authority. The provisions of this Subsection shall not apply to facility changes that were considered and approved during the permitting process. ii. When the administrative authority receives any new information or receives a request for modification or revocation, such permit may, after an opportunity for hearing, be modified, or alternatively revoked and reissued, in whole or in part, for cause, including but not limited to the conditions in LAC 33:IX.2903, 2905, 3105, and 7313. iii. Only those permit conditions that are subject to modification are reopened for comment in a public hearing. When a permit is revoked and reissued, the administrative authority may either allow only those portions modified to be reopened, or may decide that the entire permit is reopened just as if the permit has expired and is being reissued. iv. If a permit modification satisfies the following minor modification requirements, the permit may be modified without issuance of a draft permit or public review. Any permit modification not processed as a minor modification shall be made in accordance with a fact sheet and public notice requirements as described in LAC 33:IX.7313. Minor modifications may only: (a). correct typographical errors; (b). require a change in the frequency of monitoring or reporting by the permittee; (c). allow for a change in ownership or operational control of a facility where the administrative authority determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between new permittees has been submitted to the department; (d). make changes in other minor provisions within the permit on a case-by-case basis. v. Modification cannot extend a permit beyond its original five-year duration. vi. Requests for modification or revocation, and reissuance do not suspend any permit condition during the processing of the request. 7. Property Rights. The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege. 8. Duty to Provide Information. The permittee shall furnish to the administrative authority, within a reasonable time, any information that the administrative authority requests to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. The permittee shall also furnish to the administrative authority, upon request, copies of records required to be kept by the permit. 9. State Laws. Nothing in the permit shall be construed to preclude the institution of any legal action, or to relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state law or regulation. 10. Severability. If any provision of these regulations, or the application thereof, is held to be invalid, the remaining provisions of these regulations shall not be affected, so long as they can be given effect without the invalid provision. To this end, the provisions of these regulations are declared to be severable. 11. Draft Permits. The conditions set forth in LAC 33:IX.3107 for draft permits shall also pertain to permits issued in accordance with these regulations. 12. Fact Sheet. A fact sheet shall be prepared for each draft permit issued in accordance with these regulations. The contents of the fact sheet shall include, but not be limited to, the following: a. the name of the applicant; b. the name of the facility; c. the address of the facility; d. the physical location of all facilities that are utilized to prepare sewage sludge or biosolids; e. the physical location of all land application sites; f. general and management practices; g. soil and site restrictions; h. monitoring, sampling and analysis, and reporting requirements; and i. all other information that is pertinent to the facility and to the permitting process. 13. Public Notice of Permit Actions and Public Comment Period a. The conditions set forth in LAC 33:IX.3113 and 6521 for public notices and the public comment period shall apply to all permits issued in accordance with these regulations. b. For sewage sludge/biosolids individual permits and master general permits, in lieu of the requirement for publication of a notice in a daily or weekly newspaper, as described in LAC 33:IX.3113.2, the administrative authority may publish all notices of activities as described in LAC 33:IX.3113.A.1 to the department’s website. If the administrative authority selects this option for the draft permit, as defined in LAC 33:IX.3101, the administrative authority shall post the draft permit and the fact sheet on the website for the duration of the public comment period. NOTE: The administrative authority is encouraged to ensure that all method(s) of public notice effectively informs all interested communities and allows access to the permitting process for those seeking to participate. 14. Public Comments and Requests for Public Hearings a. The conditions set forth in LAC 33:I.1505 and IX.3115 for public comments and requests for public hearings shall apply to all permits issued in accordance with these regulations. b. The conditions set forth in LAC 33:IX.7313.A.13.b shall apply to all permits issued in accordance with these regulations. 15. Public Hearings. The conditions set forth in LAC 33:IX.3117 for public hearings shall apply to all permits issued in accordance with these regulations. 16. Obligations to Raise Issues and Provide Information during the Public Comment Period. The conditions set forth in LAC 33:IX.3119 for the obligations to raise issues and provide information during the public comment period shall apply to all permits issued in accordance with these regulations. 17. Reopening of the Public Comment Period. The conditions set forth in LAC 33:IX.3121 for reopening of the public comment period shall apply to all permits issued in accordance with these regulations. 18. Issuance of a Final Permit Decision. After the close of the public comment period under Paragraph A.13 of this Section for a draft permit, the administrative authority shall issue a final permit decision. The administrative authority shall notify the applicant and each person who has submitted written comments or requested notice of the final permit decision. This notice shall include reference to the procedures for appealing a decision on a sewage sludge and biosolids use or disposal permit. For the purposes of this Section a final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit. 19. Response to Comments. The conditions set forth in LAC 33:IX.3125 for responding to comments shall apply to all permits issued in accordance with these regulations. B. Proper Operation and Maintenance 1. Need to Halt or Reduce Not a Defense. It shall not be a defense for a permittee 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 the permit. 2. Duty to Mitigate. The permittee shall take all reasonable steps to minimize or prevent any sewage sludge use or disposal practice in violation of the permit that has a reasonable likelihood of adversely affecting human health or the environment. The permittee shall also take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit, including putting into effect such accelerated or additional monitoring as is necessary to determine the nature and impact of the noncomplying practice. 3. Proper Operation and Maintenance a. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance also includes employing adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. b. The permittee shall provide an adequate operating staff that is duly qualified to carry out operation and maintenance and other functions necessary to ensure compliance with the conditions of the permit. C. Monitoring and Records 1. Inspection and Entry. The conditions set forth in LAC 33:IX.2701.I for inspection and entry shall apply to all permits issued in accordance with these regulations. 2. Additional Monitoring by the Permittee. If the permittee monitors any pollutant more frequently than required by the permit using test procedures approved under LAC 33:IX.7301.I or, unless otherwise specified in 40 CFR Part 503, as specified in the permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted on the sludge reporting form specified by the administrative authority. 3. Laboratory Accreditation a. LAC 33:I.Chapters 45-59 provide requirements for an accreditation program specifically applicable to commercial laboratories, wherever located, that provide chemical analyses, analytical results, or other test data to the department, by contract or by agreement, and the data is: i. submitted on behalf of any facility, as defined in R.S. 30:2004; ii. required as part of any permit application; iii. required by order of the department; iv. required to be included on any monitoring report submitted to the department; v. required to be submitted by a contractor; or vi. otherwise required by department regulations. b. The department laboratory accreditation program is designed to ensure the accuracy, precision, and reliability of the data generated, as well as the use of department-approved methodologies in generation of that data. Laboratory data generated by commercial environmental laboratories that are not accredited under these regulations will not be accepted by the department. Retesting and re-analyses by an accredited commercial laboratory will be required. Where retesting is not possible, the data generated will be considered invalid and in violation of the sewage sludge and biosolids use or disposal permit. c. The regulations and guidelines on the environmental laboratory accreditation program and a list of laboratories that have applied for accreditation are available on the department’s website. Questions concerning the program may be directed to the Office of Environmental Assessment. D. Reporting Requirements 1. Facility Changes. The permittee shall give notice to the administrative authority as soon as possible of any planned physical alterations or additions to the permitted facility. 2. Anticipated Noncompliance. The permittee shall give advance notice to the administrative authority of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements. 3. Transfers. A permit is not transferable to any person except after notice to the administrative authority. The administrative authority may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under the Louisiana Environmental Quality Act. Except as provided in LAC 33:IX.2901.A, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made to identify the new permittee and incorporate such other requirements as may be necessary under the Louisiana Environmental Quality Act. 4. Compliance Schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of a permit shall be submitted no later than 14 days following each schedule date. 5. Other Noncompliance. The permittee shall report all instances of noncompliance not reported under Paragraph D.4 of this Section at the time monitoring reports are submitted. 6. Other Information. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the administrative authority, it shall promptly submit the omitted facts or correct information. 7. Availability of Reports. All recorded information concerning permits and permit applications under this Chapter (completed permit application forms, fact sheets, draft permits or any public document) not classified as confidential information under R.S. 30:2030(A) and 2074(D) and designated as such in accordance with LAC 33:IX.2323.A and C and LAC 33:IX.6503 shall be made available to the public for inspection and copying during normal working hours in accordance with the Public Records Act, R.S. 44:1 et seq. Claims of confidentiality for the following will be denied: a. the name and address of any permit applicant or permittee; b. permit applications, permits, and effluent data; and c. information required by the sewage sludge and biosolids use or disposal permit application forms provided by the administrative authority. This includes information submitted on the forms themselves and any attachments used to supply information required by the forms.