La. Admin. Code tit. 43, § XVII-111 - Permitting Process
A.
Applicability. This Section contains procedures for issuing all UIC permits
other than emergency (temporary) permits. UIC authorizations by rule are not
permits and are covered by specific provisions in §103. E.
B. Application Submission and Review
1. Any person required to have a UIC permit
shall submit an application to the Office of Conservation, UIC Section, as
outlined in §105.
2. Check for
completeness:
a. the commissioner shall not
issue a permit before receiving an application form and any required
supplemental information which are completed to his satisfaction;
b. each application for a permit submitted
for a new UIC injection well will be reviewed for completeness by the
commissioner and the applicant will be notified of the commissioner's decision
within 30 days of its receipt. Each application for a permit submitted for an
existing injection well will be reviewed for completeness and the applicant
will be notified of the commissioner's decision within 60 days of receipt. Upon
completing the review, the commissioner shall notify the applicant in writing
whether the application is complete; and
c. for each application for a new Class I
injection well or a new Class III well or project, the commissioner shall, no
later than the date the application is ruled complete, prepare and mail to the
applicant a project decision schedule. The schedule shall specify target dates
by which the commissioner intends to:
i.
prepare a draft permit;
ii. give
public notice;
iii. complete the
public comment period, including any public hearing; and
iv. issue a final permit.
3. Incomplete
Applications
a. If the application is
incomplete, the commissioner shall list in the notification in §111. B.2.b
above, the information necessary to make the application complete. When the
application is for an existing UIC injection well, the commissioner shall
specify in the notice a date for submitting the necessary information. The
commissioner shall notify the applicant that the application is complete upon
receiving this information. The commissioner may request additional information
from an applicant only when necessary to clarify, modify, or supplement
previously submitted material. Requests for such additional information will
not render an application incomplete.
b. If an applicant fails or refuses to
correct deficiencies found in the application, the permit may be denied and,
for existing wells, appropriate enforcement actions may be taken under the
applicable statutory provision.
4. If the commissioner decides that a site
visit is necessary for any reason in conjunction with the processing of an
application, he shall notify the applicant, state the reason for the visit, and
a date shall be scheduled.
C. Draft Permits
1. Once an application is complete, the
commissioner shall prepare a draft permit or deny the application.
2. The applicant may appeal the decision to
deny the application in a letter to the commissioner who may then call a public
hearing through §111. G.1.
3. If
the commissioner prepares a draft permit, it shall contain the following
information where appropriate:
a. all
conditions under
§107 and §109;
b. all compliance schedules under §107. N;
and
c. all monitoring requirements
under applicable Paragraphs in §109.
4. All draft permits prepared under this
Section may be accompanied by a fact sheet pursuant to §111. D, and shall be
publicly noticed in accordance with §111. E, and made available for public
comment pursuant to §111. F.
D. Fact Sheet
1. A fact sheet shall be prepared for every
draft permit for all major UIC facilities or activities and for every draft
permit which the commissioner finds is the subject of wide-spread public
interest or raises major issues. The fact sheet shall briefly set forth the
principal facts and the significant factual, legal, methodological and policy
questions considered in preparing the draft permits. The commissioner shall
send this fact sheet to the applicant and, on request, to any other
person.
2. The fact sheet shall
include, when applicable:
a. a brief
description of the type of facility or activity which is the subject of the
draft permit;
b. the type and
quantity of wastes, fluids, or pollutants which are proposed to be or are being
injected;
c. a brief summary of the
basis for the draft permit conditions including references to applicable
statutory or regulatory provisions;
d. reasons why any requested variances or
alternatives to required standards do or do not appear justified;
e. a description of the procedures for
reaching a final decision on the draft permit including:
i. the beginning and ending dates of the
comment period under §111. F and the address where comments will be
received;
ii. procedures for
requesting a hearing and the nature of that hearing; and
iii. any other procedures by which the public
may participate in the final decision;
f. name and telephone number of a person to
contact for information.
3. A copy of the fact sheet shall be mailed
to all persons identified in §111. E.3.a.i, ii, and iii.
E. Public Notice of Permit Actions and Public
Comment Period
1. Scope
a. The commissioner shall give public notice
that the following actions have occurred:
i.
a draft permit has been prepared under §111. C; and
ii. a hearing has been scheduled under §111.
G.
b. No public notice
is required when a request for permit modification, revocation and reissuance,
or termination is denied under §113. Written notice of that denial shall be
given to the requester and to the permittee.
c. Public notices may describe more than one
permit or permit action.
2. Timing
a. Public notice of the preparation of a
draft permit required under §111. E.1 shall allow 30 days for public
comment.
b. Public notice of a
public hearing shall be given 30 days before the hearing. (Public notice of the
hearing may be given at the same time as public notice of the draft permit and
the two notices may be combined).
3. Methods. Public notice of activities
described in §111. E.1.a shall be given by the following methods:
a. by mailing a copy of a notice to the
following persons (any person otherwise entitled to receive notice under this
Section may waive his rights to receive notice for any classes and categories
of permits):
i. the applicant;
ii. any other agency which the commissioner
knows has issued or is required to issue a permit for the same facility or
activity (including EPA);
iii.
federal and state agencies with jurisdiction over fish, shellfish, and wildlife
resources and over coastal zone management plans, the Advisory Council on
Historic Preservation, the State Archeological Survey and Antiquities
Commission, and other appropriate government authorities, including any
affected states; and
iv. persons on
a UIC mailing list.
b.
for Class I permits, publication of a notice in a daily or weekly newspaper
within the area affected by the facility or activity;
c. in a manner constituting legal notice to
the public under state law; and
d.
any other method reasonably calculated to give actual notice of the action in
question to the persons potentially affected by it, including press releases or
any other form or medium to elicit public participation.
4. Contents
a. All Public Notices. Public notices issued
under this Section shall contain the following information:
i. name and address of the Division of the
Office of Conservation processing the permit action for which notice is being
given;
ii. name and address of the
permittee or permit applicant and, if different, of the facility or activity
regulated by the permit;
iii. a
brief description of the business conducted at the facility or activity
described in the permit application;
iv. name, address, and telephone number of a
person from whom interested persons may obtain copies of the draft permit, and
the fact sheet, and further information concerning the application;
v. a brief description of the comment
procedures required by §111. F and the time and place of any hearing that will
be held, including a brief statement of procedures to request a hearing (unless
a hearing has already been scheduled) and other procedures by which the public
may participate in the final permit decision; and
vi. any additional information considered
necessary or proper.
b.
Public Notices for Hearings. In addition to the general public notice described
in §111. E.4.a, the public notice of a hearing under §111. G shall contain the
following information:
i. reference to the
date of previous public notices relating to the permit;
ii. date, time, and place of the hearing;
and
iii. a brief description of the
nature and purpose of the hearing, including the applicable rules and
procedures.
F. Public Comments and Requests for Public
Hearings. During the public comment period provided under §111. G, any
interested person may submit written comments on the draft permit and may
request a public hearing, if no hearing has already been scheduled. A request
for a public hearing shall be in writing and shall state the nature of the
issues proposed to be raised in the hearing. All comments shall be considered
in making the final decision and shall be answered as provided in §111.
H.
G. Public Hearings
1. The commissioner shall hold a public
hearing whenever he finds, on the basis of requests, a significant degree of
public interest in (a) draft permit(s). The commissioner also may hold a public
hearing at his discretion, whenever, for instance, such a hearing might clarify
one or more issues involved in the permit decision. Public notice of the
hearing shall be given as specified in §111. G.
2. Any person may submit oral or written
statements and data concerning the draft permit. Reasonable limits may be set
upon the time allowed for oral statements, and the submission of statements in
writing may be required. The public comment period under §111. G shall
automatically be extended to the close of any public hearing under this
Section. The hearing officer may also extend the comment period by so stating
at the hearing.
3. A tape recording
or written transcript of the hearing shall be made available to the
public.
H. Response to
Comments
1. At the time that any final permit
is issued the commissioner shall issue a response to comments. This response
shall:
a. specify which provisions; if any, of
the draft permit have been changed in the final permit decision, and the
reasons for the change; and
b.
briefly describe and respond to all significant comments on the draft permit or
the permit application raised during the public comment period, or during any
hearing.
2. The response
to comments shall be available to the public.
I. Permit Issuance and Effective Date
1. After closure of the public comment
period, including any public hearing, under §111. G on a draft permit, the
commissioner shall issue a final permit decision within 30 days.
2. A final permit decision shall become
effective on the date of issuance.
3. Approval or the granting of a permit to
construct a Class I or III well shall be valid for a period of one year and if
not begun in that time, the permit shall be null and void. The permittee may
request an extension of this one-year requirement; however, the commissioner
shall approve the request for extenuating circumstances only.
Notes
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