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ACT No. 153
Regular Session, 2010
HOUSE BILL NO. 894
BY REPRESENTATIVE CHAMPAGNE
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
permit may be delegated by the secretary or the appropriate assistant secretary to an20
authorized representative, notwithstanding the provisions of R.S. 30:2050.26.21
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(9)(a) To develop regulatory permits for certain waste processing or disposal23
facilities provided the following conditions are satisfied:24 ENROLLEDHB NO. 894
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(i) A regulatory permit shall not preclude the secretary from exercising all1
powers and duties as set forth in R.S. 30:2011(D), including but not limited to the2
authority to conduct inspections and investigations and enter facilities as provided3
in R.S. 30:2012, and to sample, monitor, or assess, for the purposes of assuring4
compliance with a regulatory permit or as otherwise authorized by this Subtitle or5
regulations adopted thereunder, any substances, pollutants, equipment, or facility at6
any location covered under the regulatory permit.7
(ii) A regulatory permit shall require compliance with all applicable8
provisions of the department's rules and regulations, any applicable sections of the9
federal Resource Conservation and Recovery Act, and all Federal Aviation10
Administration safety guidelines, rules, regulations, or recommendations. Violation11
of the terms and conditions of a regulatory permit may constitute a violation of such12
regulation or act.13
(iii) A regulatory permit may not authorize the operation or maintenance of14
a nuisance or a danger to public health or safety. All equipment maintained at the15
facility shall be maintained in good condition and shall be operated properly.16
(iv) A regulatory permit shall, as appropriate, prescribe operational controls,17
equipment requirements, personnel requirements, testing requirements, and any other18
enforceable conditions. A regulatory permit shall also prescribe any necessary19
monitoring, recordkeeping, and reporting provisions necessary for the protection of20
public health and the environment.21
(v) A regulatory permit may require any person seeking such permit to22
submit a written notification and any fee authorized by this Subtitle and applicable23
regulations to the secretary. Where required, submission of a written notification24
and any fee authorized by this Subtitle and applicable regulations shall be in lieu of25
submission of a permit application. The written notification shall be signed and26
certified in accordance with LAC 33:VII governing permit application submittal.27
Any person who submits a written notification and any fee authorized by this28
Subtitle and applicable regulations shall be authorized to operate under the29 ENROLLEDHB NO. 894
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regulatory permit for which the notification was submitted when notified by the1
department that the notification was complete.2
(vi) All regulatory permits promulgated by the secretary shall establish3
notification procedures, permit terms, and confirmation of notification by the4
department and shall be promulgated in accordance with the procedures provided in5
R.S. 30:2019.6
(b) Regulatory permits for landfill facilities and land farm facilities are7
prohibited except for those facilities that may be authorized under a regulatory8
permit pertaining to emergency debris sites.9
(c) Regulatory permits may authorize emergency debris management sites10
and activities.11
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: