HLS 10RS-1046 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 894
BY REPRESENTATIVE CHAMPAGNE
ENVIRONMENT/SOLID WASTE: Authorizes regulatory permits for certain solid waste
facilities
AN ACT1
To amend and reenact R.S. 30:2154(B)(2)(a) and to enact R.S. 30:2154(B)(9), relative to2
regulatory permits; to authorize the secretary of the Department of Environmental3
Quality to develop regulatory permits for solid waste; to provide for limitations on4
such authority; to provide for delegation of authority; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:2154(B)(2)(a) is hereby amended and reenacted and R.S.8
30:2154(B)(9) is hereby enacted to read as follows:9
ยง2154. Powers; duties; restrictions; prohibitions; penalties10
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B. The secretary is hereby directed:12
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(2)(a) To adopt by regulation a system for the registration and permitting of14
all solid waste disposal facilities within the state and to delegate the authority to15
issue or deny registrations, permits, and licenses to the appropriate assistant secretary16
when such delegation is deemed appropriate by the secretary. The authority to17
execute minor permit actions and to issue registrations, certifications, notices of18
deficiency, and notification of inclusion under a general permit or a regulatory19 HLS 10RS-1046 ORIGINAL
HB NO. 894
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permit may be delegated by the secretary or the appropriate assistant secretary to an1
authorized representative, notwithstanding the provisions of R.S. 30:2050.26.2
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(9)(a) To develop regulatory permits for certain waste processing or disposal4
facilities provided the following conditions are satisfied:5
(I) A regulatory permit shall not preclude the secretary from exercising all6
powers and duties as set forth in R.S. 30:2011(D), including but not limited to the7
authority to conduct inspections and investigations and enter facilities as provided8
in R.S. 30:2012, and to sample, monitor, or assess, for the purposes of assuring9
compliance with a regulatory permit or as otherwise authorized by this Subtitle or10
regulations adopted thereunder, any substances, pollutants, equipment, or facility at11
any location covered under the regulatory permit.12
(ii) A regulatory permit shall require compliance with all applicable13
provisions of the department's rules and regulations and any applicable sections of14
the federal Resource, Conservation, and Recovery Act. Violation of the terms and15
conditions of a regulatory permit may constitute a violation of such regulation or act.16
(iii) A regulatory permit may not authorize the operation or maintenance of17
a nuisance or a danger to public health or safety. All equipment maintained at the18
facility shall be maintained in good condition and shall be operated properly.19
(iv) A regulatory permit shall, as appropriate, prescribe operational controls,20
equipment requirements, personnel requirements, testing requirements, and any other21
enforceable conditions. A regulatory permit shall also prescribe any necessary22
monitoring, recordkeeping, and reporting provisions necessary for the protection of23
public health and the environment.24
(v) A regulatory permit may require any person seeking such permit to25
submit a written notification and any fee authorized by this Subtitle and applicable26
regulations to the secretary. Where required, submission of a written notification27
and any fee authorized by this Subtitle and applicable regulations shall be in lieu of28
submission of a permit application. The written notification shall be signed and29 HLS 10RS-1046 ORIGINAL
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certified in accordance with L.A.C. 33:VII governing permit application submittal.1
Any person who submits a written notification and any fee authorized by this2
Subtitle and applicable regulations shall be authorized to operate under the3
regulatory permit for which the notification was submitted when notified by the4
department that the notification was complete.5
(vi) All regulatory permits promulgated by the secretary shall establish6
notification procedures, permit terms, and confirmation of notification by the7
department and shall be promulgated in accordance with the procedures provided in8
R.S. 30:2019.9
(b) Regulatory permits for landfill facilities and land farm facilities are10
prohibited except for those facilities that may be authorized under a regulatory11
permit pertaining to emergency debris sites.12
(c) Regulatory permits may authorize emergency debris management sites13
and activities.14
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Champagne HB No. 894
Abstract: Directs the secretary of the Dept. of Environmental Quality to develop regulatory
permits for certain solid waste process or disposal facilities.
Proposed law directs the secretary of the Dept. of Environmental Quality to develop
regulatory permits for certain solid waste process or disposal facilities provided the
following conditions are satisfied:
(1)A permit shall not preclude the secretary from exercising all powers and duties as set
forth in present law, including but not limited to the authority to conduct inspections
and investigations and enter facilities, and to sample or monitor, for the purposes of
assuring compliance with a permit or as otherwise authorized by present law, federal
Water Pollution Control Act, or regulations adopted thereunder, any substances,
pollutants, or facility at any location covered under the regulatory permit.
(2)A permit shall require compliance with all applicable provisions of the department's
rules and regulations and the federal Resource, Conservation, and Recovery Act and
violations of a regulatory permit constitutes a violation of such regulation or act. HLS 10RS-1046 ORIGINAL
HB NO. 894
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(3)A permit shall prescribe operational controls, equipment, personnel, and testing
requirements, other enforceable conditions, and associated monitoring,
recordkeeping, and reporting provisions necessary for the protection of public health
and the environment.
(4)A permit shall require any person seeking such permit to submit a written
notification and any authorized fee to the secretary. Submission of a written
notification and fee shall be in lieu of submission of a permit application. The
written notification shall be signed and certified in accordance with department rules
governing permit application submittal. Any person who submits a written
notification and fee shall be authorized to operate under the permit for which the
notification was submitted when notified by the department that the notification was
complete.
(5)All permits promulgated by the secretary shall establish notification procedures,
permit terms, and confirmation of notification by the department and shall be
promulgated in accordance with the procedures provided in present law.
Proposed law provides that regulatory permits for commercial or industrial landfill facilities
and land farm facilities are prohibited and regulatory permits may authorize emergency
debris management.
Present law authorizes the delegation of the authority of the secretary or assistant secretary
of the Dept. of Environmental Quality to execute minor solid waste permit actions to a
representative.
Proposed law retains present law and includes the delegation to issue regulatory permits to
a representative.
(Amends R.S. 30:2154(B)(2)(a); Adds R.S. 30:2154(B)(9))