la-202609-66c6c9ccbb: Solid Waste Regulatory Permits
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Summary
Under the authority of the Louisiana Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaking procedures have been initiated to amend the Solid Waste regulations, LAC 33:VII.509, 1501, and 1505 (SW079). The proposed Rule will create a framework and standards to review and issue solid waste regulatory permits as well as define standards for four types of regulatory permits (air curtain destructors, grease processing facilities, separaton facilities, and injection...
The agency’s own summary, as published.
The rule, in full
6,907 words as published, September 01, 2026. View the original →
Department of Environmental Quality Office of the Secretary Legal Affairs Division Solid Waste Regulatory Permits(LAC 33:VII.Chapter 5 and Chapter 15) Under the authority of the Louisiana Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaking procedures have been initiated to amend the Solid Waste regulations, LAC 33:VII.509, 1501, and 1505 (SW079). The proposed Rule will create a framework and standards to review and issue solid waste regulatory permits as well as define standards for four types of regulatory permits (air curtain destructors, grease processing facilities, separaton facilities, and injection well processing facilities). Regulatory permits are designed for facilities that conduct specific processes that would otherwise require a standard permit, but the requirements of a standard permit would be overly burdensome. Regulatory permits are written authorizations promulgated into the solid waste regulations for the construction, installation, modification, operation, closure or post-closure of a facility used or intended to be used to process or dispose of solid waste. The basis and rationale for the proposed Rule are to create a comprehensive regulatory framework for regulatory permits and define the requirements for air curtain destructors, grease processing facilities, nonputrescuble separation facilities, and injection well processing facilities. These permits will provide a less burdensome permitting process for specific minor processing, storing, and disposal facilities. The proposed Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:963.B(3); therefore, no report regarding environmental/health benefits and social/economic costs is required. Title 33 ENVIRONMENTAL QUALITY Part VII. Solid Waste Subpart 1. Solid Waste Regulations Chapter 5.Solid Waste Management System Subchapter B.Permit Administration §509.Permit System
A. - B.3.…
4.Regulatory Permit. Regulatory permits may be issued by the administrative authority when it is determined to be appropriate considering the type of operations or facilities that would be covered. Regulatory permits shall be promulgated in accordance with the procedures provided in R.S. 30:2019. Regulatory permits are not subject to the requirements of LAC 33:VII.Chapter 13. B.5. - G.… AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2518, 2519 (November 2000), amended by the Office of Environmental Assessment, LR 30:2032 (September 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2488 (October 2005), LR 33:1035 (June 2007), LR 33:2143 (October 2007), LR 37:3236 (November 2011) repromulgated LR 37:3509 (December 2011), amended by the Office of the Secretary, Legal Affairs Division, LR 52:677 (May 2026), LR 52: Subchapter F.Regulatory Permits §531.Applicability A.Regulatory permits apply only to: 1.air curtain destructors that process only untreated woodwaste; 2.processors of grease not mixed with domestic sewage and not managed under LAC 33:IX. Chapter 73; 3.separation facilities that only segregate recyclables from nonputrescible residential and commercial waste and construction and demolition debris; and 4.injection well processing/storage facilities that operate class I nonhazardous waste disposal wells. B.A regulatory permit is valid for up to five years. To renew, the permit holder shall submit a regulatory permit application form to the Office of Environmental Services at least 180 calendar days before the permit expires, following the application process in LAC 33:VII.535. If the permit holder submits the renewal application by that deadline and the administrative authority has not issued a final decision before the permit expires, the existing permit shall remain in effect until the administrative authority issues a final decision. C.A separate application shall be submitted for each regulatory permit and proposed modifications. D.No modification shall be instituted without the written approval of the administrative authority. E.The applicable requirements of LAC 33:VII.535 and the conditions listed in LAC 33:VII.529 shall apply to all facilities operating under a regulatory permit. F.Regulatory permits shall not apply to: 1.an air curtain destructor that processes waste resulting from land or right-of-way clearing and disposed of on the site where generated in accordance with LAC 33:VII.303.A.1; 2.an air curtain destructor that combusts any type of solid waste other than untreated woodwaste; 3.a facility that processes grease that has been commingled with domestic sewage; or 4.a facility that receives waste for any injection well other than a class I nonhazardous waste disposal well. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2154(B)(9). HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 52: §533.Definitions A.For all purposes of this Subchapter, the terms defined in this Section shall have the following meanings. Domestic Sewage—waste and wastewater from humans or household operations that is discharged to, or otherwise enters, a treatment works. Food Service Facility—any facility, other than a private residence, that prepares and/or packages food or beverages for sale or consumption, on or off-site. Examples include, but are not limited to: food courts, food manufacturers, food packagers, restaurants, grocery stores, bakeries, lounges, hospitals, hotels, nursing homes, churches, schools, and other similar facilities. Grease—a material, either liquid or solid, composed primarily of a fatty or oily substance from animal or vegetable sources. The terms fats, oils, and grease; oil and grease; and oil and grease substances shall all be included within this definition. Grease includes only material removed from a grease trap at a food service facility that has not been commingled with domestic sewage. Grease does not include used cooking oil. Grease Trap—a plumbing device designed to intercept grease and solids before they enter a domestic sewage system. Injection Well Processing Facility—any facility that processes nonhazardous residential, commercial, and/or industrial waste prior to being disposed in a solid waste injection well. The facility may conduct nonthermal and nondestructive incidental processing of the waste prior to injection. The facility may also process exploration and production waste regulated by the Louisiana Department of Conservation and Energy prior to disposal in a class I injection well. Used Cooking Oil—a material, either liquid or solid, composed primarily of fat, oil, or grease from animal or vegetable sources that is source separated by the generator for reclamation and/or reuse and not destined for disposal. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2154(B)(9). HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 52: §535.Standards Governing All Regulatory Permits A.Regulatory Permit Application 1.A completed application form shall be submitted to the Office of Environmental Services for a: a.proposed facility; b.proposed modification to the facility; c.closure of the facility; or d.facility seeking renewal. 2.Certification. The person who prepared the regulatory permit application shall provide the following certification: "I certify under penalty of law that I have personally examined and I am familiar with the information submitted in this permit application and that the facility as described in this permit application meets the requirements of LAC 33:VII.Subpart 1. I am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment." B.Location Characteristics. If the facility is located in, or within 1,000 feet of, a wetland, estuary, wildlife-hatchery area, habitat of an endangered species, archaeological site, historic site, publicly-owned recreation area, or similar critical environmental area, the permit holder shall isolate the facility from that area with effective barriers that eliminate probable adverse impacts from facility operations. The permit holder shall describe in the regulatory permit application form the measures used to protect the listed areas from the adverse impacts of facility operations. C.Facility Characteristics 1.The facility shall have a perimeter barrier that prevents unauthorized entry and exit, except by willful entry. 2.Each entry point to the facility shall be continuously monitored, manned, or locked during operating hours. 3.Each entry point shall be locked during nonoperating hours. 4.The owner or operator shall enter into a written agreement with the local fire department for fire protection at the facility. 5.The owner or operator shall develop and implement a fire protection and safety plan to protect personnel and minimize the impact on the environment. D.Discharge from a facility operating under a regulatory permit shall be controlled and shall conform to applicable state and federal laws, including the Clean Water Act and Louisiana Water Pollution Control Law. E.Additional Authorization 1.The applicant may be required to obtain an additional permit from other local, state, and federal agencies. Typical permits that may be needed include, but are not limited to, the following: a.National Pollutant Discharge Elimination System/Louisiana Pollutant Discharge Elimination System (Section 402 of the Clean Water Act); b.Louisiana Water Discharge Permit; c.Louisiana Coastal Use Permit issued by the Department of Conservation and Energy, Office of Permitting and Compliance; d.Louisiana Air Emissions Permit; e.U.S. Army Corps of Engineers Permit (Dredge and Fill, Section 404 of the Clean Water Act); or f.appropriate local permit, license, certification, registration, or approval. 2.It is the responsibility of the applicant to identify the other applicable permits that may be required. A listing of the permits that the applicant intends to apply for shall be included in the regulatory permit application form. 3.The applicant shall provide appropriate documentation to the Office of Environmental Services that the proposed use does not violate zoning or other land-use regulations that exist at the time of the submittal of the regulatory permit application form. 4.The applicant of an injection well processing/storage facility regulatory permit shall provide a copy of the order approving the drilling, constructing and operating for the Class I injection well issued by the Louisiana Department of Conservation and Energy. F.Fees. All applicable requirements of LAC 33:VII.Chapter 15 shall apply to regulatory permits. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2154(B)(9). HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 52: §537.Regulatory Permit Standards Governing Air Curtain Destructors A.Buffer Zones 1.Buffer zones of not less than 300 feet shall be provided between the facility and the property line for any new facility. A reduction in this requirement shall be allowed only with permission, in the form of a notarized affidavit, from all landowners having an ownership interest in property located less than 300 feet from the facility. The facility’s owner or operator shall enter a copy of the notarized affidavit(s) in the mortgage and conveyance records of the parish or parishes where the landowners’ properties are located. In addition, air curtain destructors shall maintain at least a 1,000-foot buffer from any dwelling, other than a dwelling or structure located on the property on which the burning is conducted unless the appropriate notarized affidavit waivers are obtained. The affidavits, if applicable, shall be maintained on-site and shall be accessible for inspections by the department. 2.No storage, processing, or disposal of solid waste shall occur within the buffer zone. B.Methods for Receiving and Monitoring Incoming Waste 1.All air curtain destructor facilities shall have a method to determine the quantity, by volume, of incoming untreated woodwaste, and sources of all incoming waste, whether the waste was generated in-state or out-of-state. All facilities shall also have a method to control entry of the waste and prevent entry of unrecorded or unauthorized deliverables (i.e., hazardous, unauthorized, or unpermitted solid waste). A record of the quantities of incoming waste and of unauthorized deliverables shall be kept on-site according to Paragraph C.1 of this Section. 2.All unauthorized waste that may come onto the site, or be found on the site, shall be segregated and stored in a closed container. All unacceptable waste shall be removed from the site at least every 14 days. A record of the shipment to properly permitted facilities shall be kept on-site in accordance with Subsection C.1 of this Section. Additional storage time may be granted by the administrative authority on a case-by-case basis upon request. C.Facility Administrative Procedures 1.Recordkeeping a.The permit holder shall maintain all records on-site that are necessary for the effective management of the facility and for preparing the required reports for the life of the facility. These records shall also be maintained for a minimum of three years after final closure. These records may be retained in paper copy or in an electronic format. Electronically maintained records shall be a true and accurate copy of the records required to be maintained. Records older than three years may be kept at an off-site location, provided they are readily available to the administrative authority for review upon request. Records kept shall include, but not be limited to: i.copies of the applicable Louisiana solid waste rules and regulations; ii.copies of all notification forms (including those pertaining to prior regulatory permits); iii.letters from the administrative authority approving the operation of the facility; iv.daily log that shall include: (a).the volume of waste received at the facility; (b).a description of ash management activities, including the volume of ash removed from the site or used in accordance with Paragraph D.5 of this Section; and (c).daily clean up of the facility, including equipment and waste handling areas; and v.any other additional information required by the administrative authority. 2.Personnel. All air curtain destructor facilities operating under a regulatory permit shall have the personnel necessary to achieve the operational requirements of the facility. D.Facility Operational Standard 1.No solid waste shall be stored long enough to cause a nuisance, health hazard, or detriment to the environment. 2.Air curtain destructors shall adhere to the following operating requirements. a.Ash shall be removed on a regular basis so as to not cause a hazard or nuisance. b.Water shall be applied to the ash before removal. c.Smoldering of woodwaste shall be prevented during nonoperating hours. d.Only untreated woodwaste, as defined in LAC 33:VII.115, may be accepted. No burning of treated woodwaste or other solid waste is permitted. e.All emissions and burning operations are subject to the Louisiana air quality regulations. These regulations and any other permit requirements shall be followed. f.Only clean fuels (i.e., diesel fuel, No. 2 fuel oil, kerosene, etc.) shall be used to ignite waste. g.Burning shall be conducted between the hours of 8 a.m. and 5 p.m. h.Incoming woodwaste shall be inspected at the gate before unloading. If any waste other than woodwaste is detected, the entire load shall be rejected. All rejected loads shall be recorded in the daily log. i.Storage of woodwaste and yard trash shall be in a designated area. j.The volume of woodwaste and yard trash stored on-site shall not exceed 10 days of the processing capacity of the air curtain destructor, unless otherwise approved by the administrative authority. k.No waste or combustible material shall be stored within 50 feet of the air curtain destructor. 3.The owner or operator shall maintain the air curtain destructor to design standards and shall not operate it if it is malfunctioning. 4.If the air curtain destructor is a trench burner, the approximate dimensions of the trench (i.e., burn pit) shall be specified on the regulatory permit application form. 5.At least every three months, ash shall either be removed and taken to an authorized and/or permitted facility, or used in an application approved by Louisiana Department of Agriculture and Forestry and LDEQ. These requirements also apply if the air curtain destructor becomes inoperable. Additional storage time may be granted by the administrative authority on a case-by-case basis upon request. 6.Burning shall not take place during rain events. 7.The owner or operator shall use care to minimize the amount of dirt on the material being burned. 8.Material shall not be added to the air curtain destructor so as to be stacked above the air curtain. 9.An operator shall remain with the air curtain destructor at all times when it is operating. Personnel shall remain on-site until burning activities, including smoldering, are completed for the day. E.Facility Closure Requirements 1.Notification of Intent to Close a Facility. All permit holders shall notify the Office of Environmental Services in writing at least 90 days before closure or intent to close an air curtain destructor facility by submitting a regulatory permit application form in accordance with LAC 33:VII.535.A. 2.At closure, or prior to moving an air curtain destructor, remaining woodwaste shall be processed or removed to a permitted facility for disposal. If woodwaste is removed from the facility, documentation that the woodwaste was properly disposed of shall be provided with a regulatory permit application form in accordance with LAC 33:VII.535.A. 3.At closure or prior to moving an air curtain destructor, all remaining ash shall be removed or used in accordance with Paragraph D.5 of this Section. 4.Within 30 days of completion of closure activities, the permit holder shall submit a written notice to the Office of Environmental Services that the closure requirements of Paragraphs 1 through 3 of this Subsection have been met and request a closure inspection in accordance with LAC 33:VII.407.E. The administrative authority reserves the right to determine if a facility has been closed properly. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2 154(B)(9). HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 52: §539.Regulatory Permit Standards Governing Grease Processing Facilities A.Buffer Zones 1.The facility shall comply with a buffer zone requirement of not less than 200 feet between the facility and the property line. Buffer zones of not less than 300 feet shall be provided between the facility and the property line when the property line is adjacent to a structure currently being used as a church and having been used as a church prior to the submittal of a permit application. A reduction in this requirement shall be allowed only with permission, in the form of a notarized affidavit, from all landowners having an ownership interest in property located less than 200 feet from the facility, or 300 feet for a church. The facility’s owner or operator shall enter a copy of the notarized affidavit(s) in the mortgage and conveyance records of the parish or parishes in which the landowners’ properties are located. 2.No storage, processing, or disposal of solid waste shall occur within the buffer zone. 3.A facility shall not be located within 10,000 feet of the end of any public-use airport runway used by turbojet aircraft, or within 5,000 feet of the end of any public-use airport runway used only by piston-type aircraft. B.Methods for Receiving and Monitoring Incoming Waste 1.The facility shall have a method to determine the quantity by volume of grease from in-state or out-of-state generators. The facility shall also have a method to control entry of the waste and prevent entry of unrecorded or unauthorized deliverables (i.e., hazardous, unauthorized, or unpermitted solid waste). Records of the quantities of incoming waste and of unauthorized deliverables shall be kept on-site in accordance with Paragraph C.1 of this Section. 2.All unauthorized waste that may come onto the site, or be found on the site, shall be segregated and stored in closed containers. All unacceptable waste shall be removed from the site at least every 10 days. A record of the shipment to properly permitted facilities shall be kept on-site in accordance with Paragraph C.1 of this Section. Additional storage time may be granted by the administrative authority on a case-by-case basis upon request. C.Facility Administrative Procedures 1.Recordkeeping a.The permit holder shall maintain all records on-site that are necessary for the effective management of the facility and for preparing the required reports for the life of the facility. These records shall also be maintained for a minimum of three years after final closure. These records may be retained in paper copy or in an electronic format. Electronically maintained records shall be a true and accurate copy of the records required to be maintained. Records older than three years may be kept at an off-site location provided they are readily available to the administrative authority for review upon request. Records kept on-site shall include, but not be limited to: i.copies of the applicable Louisiana solid waste rules and regulations; ii.copies of all notification forms, including those pertaining to prior regulatory permits; iii.letters from the administrative authority approving the operation of the facility; iv.daily log that shall include: (a).the volume of waste received at the facility; (b).the volume of waste sent off site for disposal and/or recovery; and (c).daily clean up of the facility, including equipment and waste handling areas; and v.any other additional information required by the administrative authority. 2.Personnel. All grease facilities operating under a regulatory permit shall have the personnel necessary to achieve the operational requirements of the facility. D.Facility Operational Plan 1.All waste shall be stored and/or processed in a container or tank that meets the standards of LAC 33:VII.503. 2.The facility shall provide an operational plan that describes in specific detail how the grease waste will be managed during all phases of the processing operation. At a minimum, the plan shall address the: a.route the waste will follow after receipt; b.sequence in which the waste will be processed within the unit; c.method of discharge, treatment, and/or off-site disposal of wastewater generated during processing of grease waste; d.method and operational changes that will be used during wet weather (including maintenance of roads and water management); and e.recordkeeping procedures to be employed to ensure all pertinent activities are properly documented. E.Facility Operational Standard 1.The operator shall review and maintain the documentation that all waste received meets the definition of grease as defined in this Subchapter, and has not been commingled with other waste streams, including but not limited to, domestic sewage and hazardous waste. 2.All containers and tanks shall provide containment of the waste and meet the requirements of LAC 33:VII.503. 3.Provisions shall be made for at least daily cleanup of the facility, including equipment and waste handling areas. The facility shall control litter, odor, and other pollution of adjoining areas. 4.No solid waste shall be stored long enough to cause a nuisance, health hazard, or detriment to the environment. 5.Treatment facilities for wash-down and other contaminated water shall be provided. 6.Each loading and unloading area shall be constructed and operated to prevent litter from leaving the tipping area. This area shall be constructed of sufficiently low permeable material (i.e., concrete or asphalt) to prevent soil and groundwater contamination. 7.Sufficient equipment shall be provided and maintained at all facilities to meet the facilities' operational needs. F.Facility Closure Requirements 1.Notification of Intent to Close a Facility. All permit holders shall notify the Office of Environmental Services in writing at least 90 days before closure or intent to close a grease processing facility by submitting a regulatory permit application form in accordance with LAC 33:VII.535.A. 2.At closure, all remaining grease shall be processed and/or removed to an authorized facility. Documentation that the grease was properly removed to an authorized facility shall be provided with a regulatory permit application form in accordance with LAC 33:VII.535.A. 3.Within 30 days of completion of closure activities, the permit holder shall submit a written notice to the Office of Environmental Services that the closure requirements of Paragraphs 1 and 2 of this Subsection have been met and request a closure inspection in accordance with LAC 33:VII.407.E. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2154(B)(9). HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 52: §541.Regulatory Permit Standards Governing Separation Facilities A.Buffer Zones 1.The facility shall maintain a buffer zone of at least 200 feet between the facility and the property line. The buffer zone shall be at least 300 feet where the property line is adjacent to a structure currently being used as a church and used as a church before the permit application was submitted. The owner or operator may reduce the required buffer only with a notarized affidavit from each landowner having an ownership interest in property located less than 200 feet from the facility (or less than 300 feet for a church). The owner or operator shall record a copy of each notarized affidavit in the mortgage and conveyance records of the parish in which the landowner’s property is located. 2.No solid waste shall be stored, processed, or disposed of within the buffer zone. B.Methods for Receiving and Monitoring Incoming Waste 1.The facility shall have a method to determine the quantity, by volume of nonputrescible waste from in-state or out-of-state generators. The facility shall also have a method to control entry of the waste and prevent entry of unrecorded or unauthorized deliverables (i.e., hazardous, unauthorized, or unpermitted solid waste). Records of the quantities of incoming waste and of unauthorized deliverables shall be kept on-site in accordance with Paragraph C.1 of this Section. 2.All unauthorized waste that may come onto the site, or be found on the site, shall be segregated and stored in closed containers. All unacceptable waste shall be removed from the site at least every ten days. A record of the shipment to properly permitted facilities shall be kept on-site in accordance with Paragraph C.1 of this Section. Additional storage time may be granted by the administrative authority on a case-by-case basis upon request. C.Facility Administrative Procedures 1.Recordkeeping a.The permit holder shall maintain all records on-site that are necessary for the effective management of the facility and for preparing the required reports for the life of the facility. These records shall also be maintained for a minimum of three years after final closure. These records may be retained in paper copy or in an electronic format. Electronically maintained records shall be a true and accurate copy of the records required to be maintained. Records older than three years may be kept at an off-site location, provided they are readily available to the administrative authority for review upon request. Records kept shall include, but not be limited to: i.copies of the applicable Louisiana solid waste rules and regulations; ii.copies of all notification forms including those pertaining to prior regulatory permits; iii.letters from the administrative authority approving the operation of the facility; iv.daily log that shall include: (a).the volume of waste received at the facility; (b).the volume of waste sent off site for disposal and/or recovery; and (c).daily cleanup of the facility, including equipment and waste handling areas; and v.any other additional information required by the administrative authority. 2.Personnel. All separation facilities operating under a regulatory permit shall have the personnel necessary to achieve the operational requirements of the facility. D.Facility Operational Plan 1.All waste and recovered material shall be stored in accordance with LAC 33:VII.503. 2.The facility shall provide an operational plan that describes in specific detail how the nonputrescible waste will be managed during all phases of the processing operations. At a minimum, the plan shall address the: a.route the waste will follow after receipt; b.sequence in which the waste will be segregated on-site; c.method of separation; d.management of waste generated during separation; e.method and operational changes that will be used during wet weather, including maintenance of roads and water management; and f.recordkeeping procedures to be employed to ensure all pertinent activities are properly documented. E.Facility Operational Standard 1.The operator shall review and maintain the documentation that all waste received is nonputrescible residential and commercial waste, and/or construction and demolition debris. 2.All containers shall provide containment of the wastes and meet the requirements of LAC 33:VII.503. 3.Provisions shall be made for at least daily cleanup of the facility, including equipment and waste handling areas. The facility shall control litter, odor, and other pollution of adjoining areas. 4.Provisions shall be made for wash-down and other contaminated water. 5.Each loading and unloading area shall be constructed and operated to prevent litter from leaving the tipping area. This area shall be constructed of sufficiently low permeable material (i.e., concrete or asphalt) to prevent soil and groundwater contamination. 6.Sufficient equipment shall be provided and maintained at all facilities to meet the facilities' operational needs. F.Facility Closure Requirements 1.Notification of Intent to Close a Facility. All permit holders shall notify the Office of Environmental Services in writing at least 90 days before closure or intent to close a separation facility by submitting a regulatory permit application form in accordance with LAC 33:VII.535.A. 2.At closure, all remaining solid waste and reclaimed materials shall be processed and/or removed to an authorized facility. Documentation that the waste was properly removed to an authorized facility shall be provided with a regulatory permit application form in accordance with LAC 33:VII.535.A. 3.Within 30 days of completion of closure activities, the permit holder shall submit a written notice to the Office of Environmental Services that the closure requirements of Paragraphs 1and 2 of this Subsection have been met and request a closure inspection in accordance with LAC 33:VII.407.E. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2154(B)(9). HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 52: §543.Regulatory Permit Standards Governing Injection Well Processing/Storage Facilities A.Injection Well Order 1.The facility shall comply with all provisions of their class I injection well order requirements issued by the Louisiana Department of Conservation and Energy. B.Buffer Zones 1.The facility shall comply with a buffer zone requirement of not less than 200 feet between the facility and the property line. A buffer zone of not less than 300 feet shall be provided between the facility and the property line when the property line is adjacent to a structure currently being used as a church and having been used as a church prior to the submittal of a permit application. A reduction in this requirement shall be allowed only with permission, in the form of a notarized affidavit, from all landowners having an ownership interest in property located less than 200 feet from the facility, or 300 feet for a church. The facility’s owner or operator shall enter a copy of the notarized affidavit(s) in the mortgage and conveyance records of the parish or parishes in which the landowners’ properties are located.2.No storage or processing of solid waste shall occur within the buffer zone. C.Methods for Receiving and Monitoring Incoming Waste 1.The facility shall have a method to determine the quantity, by volume of waste from in-state or out-of-state generators. The facility shall also have a method to control entry of the waste and prevent entry of unrecorded or unauthorized deliverables (i.e., hazardous, unauthorized, or unpermitted solid waste). Records of the quantities and generators of incoming waste, and of unauthorized deliverables shall be kept on-site in accordance with Paragraph D.1 of this Section. 2.All unauthorized waste that may come onto the site shall be rejected and documented in the daily log. D.Facility Administrative Procedures 1.Recordkeeping a.The permit holder shall maintain all records on-site that are necessary for the effective management of the facility and for preparing the required reports for the life of the facility. These records shall also be maintained for a minimum of three years after final closure. These records may be retained in paper copy or in an electronic format. Electronically maintained records shall be a true and accurate copy of the records required to be maintained. Records older than three years may be kept at an off-site location provided they are readily available to the administrative authority for review upon request. Records kept shall include, but not be limited to: i.copies of the applicable Louisiana solid waste rules and regulations; ii.copies of all notification forms, including those pertaining to prior regulatory permits; iii.letters from the administrative authority approving the operation of the facility; iv.daily log that shall include: (a).the name of the generator and volume of waste received at the facility; (b).the volume of waste sent off site for disposal and/or recovery; and (c).daily cleanup of the facility, including equipment and waste handling areas; and v.any other additional information required by the administrative authority. 2.Personnel. All injection well processing/storage facilities operating under a regulatory permit shall have the personnel necessary to achieve the operational requirements of the facility. 3.Injection Well a.The permit holder shall operate the injection well in accordance with the Louisiana Department of Conservation and Energy order and shall: i.submit a copy of reports required as scheduled by the injection well order to the Office of Environmental Services; and ii.notify the Office of Environmental Compliance within seven days of any compliance action being taken by the Louisiana Department of Conservation and Energy pertaining to the operation of the injection well. E.Facility Operational Plan 1.All waste received and stored shall be stored in accordance with LAC 33:VII.503. 2.The facility shall provide an operational plan that describes in specific detail how the waste will be managed during all phases of the processing operations. At a minimum, the plan shall address the: a.route the waste will follow after receipt; b.processing of received material prior to injection, if necessary; c.management of waste generated during on-site storage and processing; d.method and operational changes that will be used during wet weather, including maintenance of roads and water management; and e.recordkeeping procedures to be employed to ensure all pertinent activities are properly documented. F.Facility Operational Standard 1.The operator shall review and maintain the documentation that all waste received is residential, commercial, and/or industrial solid waste or exploration and production waste managed under Louisiana Department of Conservation and Energy. 2.All containers and tanks shall provide containment of the waste and meet the requirements of LAC 33:VII.503. Solid waste and exploration and production waste shall be stored in separate tank units. 3.Provisions shall be made for at least daily cleanup of the facility, including equipment and waste handling areas. The facility shall control litter, odor, and other pollution of adjoining areas. 4.Provisions shall be made for wash-down and other contaminated water. 5.Each loading and unloading area shall be constructed and operated to contain waste from leaving. This area shall be constructed of sufficiently low permeable material (i.e., concrete or asphalt) to prevent soil and groundwater contamination. 6.Sufficient equipment shall be provided and maintained at all facilities to meet the facilities' operational needs. G.Facility Closure Requirements 1.Notification of Intent to Close a Facility. All permit holders shall notify the Office of Environmental Services in writing at least 90 days before closure or intent to close an injection well receiving facility by submitting a regulatory permit application form in accordance with LAC 33:VII.535.A. 2.At closure, all remaining solid waste shall be processed and/or removed to an authorized facility. Documentation that the solid waste was properly removed to an authorized facility shall be provided with a regulatory permit application form in accordance with LAC 33:VII.535.A. 3.Within 30 days of completion of closure activities, the permit holder shall submit a written notice to the Office of Environmental Services that the closure requirements of Paragraphs 1 and 2 of this Subsection have been met and request a closure inspection in accordance with LAC 33:VII.407.E. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2154(B)(9). HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 52: Chapter 15.Solid Waste Fees §1501.Permit Application Review Fee A.… B.Applicants for type III standard permits, beneficial-use plans, or regulatory permits shall pay a permit application review fee of $1,325 for each facility. The fee shall accompany each permit application submitted. C.Standard permit holders providing permit modifications for type I, I-A, II, and II-A facilities shall pay a $2,650 permit-modification review fee. The fee shall accompany each modification submitted. Permit holders providing mandatory modifications in response to these regulations shall pay a $825 permit-modification fee. The fee shall accompany each mandatory modification submitted. Permit modifications required by LAC 33:VII.805.A will not be subject to a permit modification fee. D.Permit holders providing permit modifications for type III facilities, beneficial-use facilities, or regulatory permits shall pay a $813 modification review fee. The fee shall accompany each modification submitted.
E. - E.2.…
AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2154. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 29:688 (May 2003), LR 29:2051 (October 2003), repromulgated by the Office of the Secretary, Legal Affairs Division, LR 33:1108 (June 2007), amended LR 37:3258 (November 2011), amended by the Office of the Secretary, Legal Division, LR 43:946 (May 2017), amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 48: LR 48:1500 (June 2022), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §1505.Annual Fee
A. - B.1.b.…
c.$825 for type I-A, II-A, III, beneficial-use facilities and regulatory permits. 2. - 2.e.… f.for Type I-A, II-A, III (except construction or demolition debris disposal facilities), beneficial use facilities and regulatory permits, no tonnage fee. B.2.g. - F.… AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2154, and R.S. 49:316.1(A)(2)(a) and (c). HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended by the Office of Management and Finance, Fiscal Services Division, LR 22:18 (January 1996), LR 25:427 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 29:689 (May 2003), LR 29:2051 (October 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 32:2241 (December 2006), repromulgated LR 33:1108 (June 2007), amended LR 35:2180 (October 2009), amended by the Office of the Secretary, Legal Division, LR 43:947 (May 2017), amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 48: LR 48:1500 (June 2022), amended by the Office of the Secretary, Legal Affairs Division, LR 52: Family Impact Statement The proposed Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972. Poverty Impact Statement The proposed Rule has no known impact on poverty as described in R.S. 49:973. Small Business Analysis The proposed Rule has no known adverse impact on small business as described in R.S. 49:974.1 - 974.8. Provider Impact Statement The proposed Rule has no known impact on providers as described in HCR 170 of 2014. Public Comments All interested persons are invited to submit written comments on the proposed Rule. Persons commenting should reference the proposed Rule by SW079. Such comments must be received no later than November 4, 2026, at 4:30 p.m., and should be sent to William Little, Attorney Supervisor, Office of the Secretary, Legal Affairs Division, P.O. Box 4302, Baton Rouge, LA 70821-4302, by fax (225) 219-4068, or by E-mail to DEQ.Reg.Dev.Comments@la.gov. Copies of the proposed Rule can be purchased by contacting the LDEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for each copy of SW079. The proposed Rule is available on the Internet at https://www.deq.louisiana.gov/about-ldeq/monthly-regulation-changes-2026. Public Hearing A public hearing will be held on October 28, 2026, at 1:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. Interested persons are invited to attend in person or online via Microsoft Teams at https://teams.microsoft.com/meet/225581962557365?p=WA1olUFploGq8u2YOV Meeting ID: 225 581 962 557 365 Passcode: A2NL2hJ9 or by phone (872) 239-6160 using phone conference ID: 833 450 698#. Should individuals with a disability need an accommodation in order to participate, contact Doug Bordelon at the address given below or at (225) 219-1325. The proposed Rule is available for inspection at the following LDEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 508 Downing Pines Road, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 111 New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123. Jill C. Clark General Counsel FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Solid Waste Regulatory Permits I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) The proposed rule change may result in nominal savings for the Louisiana Department of Environmental Quality (LDEQ) due to a decrease in workload requirements to review permits. The proposed rule change implements four new types of regulatory permits for the following facilities: air curtain destructor facilities, grease processing facilities, separation facilities, and injection well processing facilities. Currently, these facilities use a Type III standard permit; by switching these facilities over, LDEQ anticipates a decrease in workload to review and approve regulatory permits over standard Type III permits. II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The proposed rule change is not anticipated to impact revenue collections of state or local governmental units. Both the regulatory permits and the Type III permits have the same application, modification, and annual fee schedules. This will result in no new revenue to LDEQ. III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS, SMALL BUSINESSES, OR NONGOVERNMENTAL GROUPS (Summary) The proposed rule change will likely provide an economic benefit to facilities that will now be eligible to be approved under regulatory permitting. The proposed regulatory permit system provides a more streamlined permitting system for minor solid waste processing and/or disposal facilities. The application process is not as complex as the standard permitting process and does not require costly public notice requirements, financial assurance, certifications or complex standard permit application. IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) The proposed rule change may moderately improve competition and employment. The proposed regulatory permits lower the barrier to entry for minor processing facilities to open and operate in Louisiana. Lowering the regulatory barrier may allow for new facilities to operate, providing potential employment opportunities. Jill C. ClarkPatrice Thomas General CounselDeputy Fiscal Officer 2609#041Legislative Fiscal Office
Rulemaking docket
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Documents
- Full text (state register) · September 01, 2026
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