§ 36-114. Permitting process.

(a)

Application. Applications for such permits shall be filed with the parish council and shall contain the following:

(1)

Permit fee, as established by this article.

(2)

A description and plat of the land on which the disposal will occur.

(3)

A drainage impact study.

(4)

A description of the sequence and plan of operation.

(5)

A description of the availability of water and the equipment needed for water supply.

(6)

A description of the type and capacity of equipment to be used for operations.

(7)

A description of plans for fire, nuisance and vermin control.

(8)

A description of existing and proposed roadways and easements.

(9)

A description of existing topography and watercourses, together with diagram and written statements explaining proposed locations and extent of buildings, earthwork, and fill operations.

(10)

A description of proposed equipment.

(11)

An estimate of daily and weekly volume of waste to be disposed.

(12)

If the permit is for a facility which will produce a discharge into the air, soil, or water and/or will possibly produce off-site effects, including noise, ash, particulate matter and/or odor, then such permit application will also contain the following:

a.

Traffic pattern, estimated volume (number, types of vehicles) and control; describe access road surfacing and load-bearing capacity; show traffic-control signals.

b.

Owners and operators of all facilities shall provide an identification of whether the facility is located within a 100-year floodplain. This identification shall indicate the source of data for such determination and include a copy of the relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used where a FIA map is not available. Information shall also be provided identifying the 100-year flood level and any other special flooding factors (e.g., wave action) which shall be considered in designing, constructing, operating, or maintaining the facility to withstand washout from a 100-year flood.

c.

An outline of both the introductory and continual training programs by owners and operators to prepare persons to operate or maintain the facility in a safe manner as required, including a brief description of how training will be designed to meet actual job tasks.

d.

A topographic map showing a distance of 1,000 feet around the facility. The map shall clearly show the following:

1.

Map scale and date.

2.

Surface waters, including intermittent streams.

3.

Surrounding land uses (residential, commercial, agricultural, recreational).

4.

A wind rose (i.e., prevailing wind speed and direction).

5.

Orientation of map (north arrow).

6.

Legal boundaries of the facility site.

7.

Access control (fences, gates).

8.

Injection and withdrawal wells both on-site and off-site.

9.

Buildings, treatment, storage, or disposal operations; or other structures (recreation areas, runoff control systems, access and internal roads, storm, sanitary, and process sewage systems, loading and unloading areas, fire control facilities, etc.).

10.

Barriers for drainage or flood control.

11.

Location of operational units within the facility site where waste is or will be treated or stored, including equipment cleanup areas.

12.

Applicants may be required to submit other such information as may be necessary or required by the administrative authority to adequately determine the validity of the proposed facility.

13.

A copy of the waste disposal facilities' contingency and emergency response plan required by any federal and/or state law, rule or regulation intended for the protection of employees, site/plant facilities, the community and the environment.

e.

For facilities that incinerate chemotherapeutic waste, infectious agents and/or infectious waste, the following information is also required:

1.

A characterization of the wastes or mixtures to be burned.

2.

Estimated heat value of the waste in the form and composition in which it will be burned.

3.

A detailed engineering description of the incinerator.

4.

The expected incinerator operation information.

5.

Such supplemental information as the administrative authority finds necessary to achieve the purposes of this subsection.

(b)

Public notice. Upon submission of an application, which shall be a public record, the applicant shall notify all real property owners on the outer perimeter of the proposed site by certified mail and shall attach all such certification returns to the permit application or submit same prior to final approval by the parish council.

(c)

Investigation. Copies of the application shall be forwarded by the parish council to the parish solid waste committee for their study and recommendations to the jury as a whole. The solid waste committee or its chairperson shall examine the premises and shall also coordinate an investigation with the parish health department, the state department of environmental quality, and the department of natural resources to determine whether the granting of the permit to the applicant would or would not violate the health regulations of the parish or would, in any way, create a hazard or menace to the public health or would, in any way, create a nuisance to the people of the parish, and shall make a report giving his recommendations to the parish council.

(d)

Recommendation. The solid waste committee shall make a report to the parish as to whether or not to grant the permit in the location described in the application and shall submit a copy of the report to the parish president. The committee shall also provide to the parish an analysis of the effects of such proposed use upon the character of the neighborhood, the traffic conditions, public utilities facilities, and other matters pertaining to the general welfare.

(e)

Public hearing and referendums.

(1)

Prior to the issuance of a permit by the parish to operate any waste disposal facility whose service area would exceed the boundaries of the parish and whose permit application otherwise complies with the legal and technical requirements of this article, a parish referendum shall be called and held in conjunction with a general election conducted in the parish at least 45 days after the parish has approved the legal and technical requirements of the application.

(2)

Prior to the issuance of a permit by the parish to operate any waste disposal facility whose service area is within the parish and whose permit application otherwise complies with the legal and technical requirements of this article, the parish council shall conduct a series of three public hearings, two of which are to be conducted for purposes of informing the public that a regulated facility intends to locate at a specified location within the parish, and the final hearing to be held for the purpose of receiving final public input prior to the council's decision on issuance of a requested permit. The public hearings will be held at 7:00 p.m. on evenings to be selected by the parish council. The right of public comment at the two initial hearings may be granted by the council. The right of public input shall be held open for 30 days following the third public hearing for the purpose of receipt of written comments. The written comments as well as oral testimony at all hearings shall be considered by the council in making its decision on the permit application. Action on issuance of the permit shall not be taken prior to the expiration of 60 days following the third public hearing or following the results of the referendum.

(3)

The parish council may call for a parish referendum prior to the issuance of a permit to a disposal facility notwithstanding that such disposal facility has a service area only within the parish.

(f)

Other permitting required. No permit shall be issued under this article until all requisite permits required by the Louisiana Department of Environmental Quality or any other state or federal agency has been obtained. New facilities shall attach to their application for a permit copies of all other permits required for operation by any governmental agency and shall furnish to the parish council any new or modified permits to operate received by the waste disposal facility operator within 30 days of their receipt by the operator.

(g)

Permit conditions. Each permit subsequently granted shall include permit conditions necessary to achieve compliance with the Louisiana Environmental Quality Act and these regulations. All conditions applicable to permits shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations must be given in the permit.

(h)

Denial; right to petition. Any person or persons jointly or severally aggrieved by any decision of the parish council regarding the granting or denial of a permit shall have the right to present a petition to the district court, said petition shall be duly verified, set forth that the decision is illegal, in whole or in part, and specify the grounds of the illegality. The petition shall be presented to the court within 30 days after the decision of the parish council.

(i)

Compliance with state law. All permit applications and the granting and denial of said permit application shall in addition to the requirements of this article, shall comply with the requirements and uniform procedures required under R.S. 33:4780.40 through 33:4780.50.

(j)

Exclusions. The parish shall receive permit applications under this article to include any location within the parish, excluding any municipality within the parish, until such time as the parish avails itself of the provisions of R.S. 33:4780.40 through 33:4780.50 and creates districts and uniform regulations within the districts as specifically provided under R.S. 33:4780.41.

(Code 1979, § 18.5-67; Ord. of 2-4-1992, § 7; Ord. of 2-1-1994, § 7)