§2014. Permits, licenses, registrations, variances, and fees

A.(1) All permits, licenses, registrations, variances, and compliance schedules authorized by this Subtitle shall be granted by the secretary. The power to grant or deny permits, licenses, registrations, variances, or compliance schedules may be delegated by the secretary to the appropriate assistant secretary, subject to his continuing oversight. The authority to execute minor permit actions and to issue registrations, certifications, notices of deficiency, and notification of inclusion under a general permit or a regulatory permit may be delegated by the secretary or the appropriate assistant secretary to an authorized representative, notwithstanding the provisions of R.S. 30:2050.26.

(2) However, prior to the grant of any permit, license, registration, variance, or compliance schedule to any facility, the assistant secretary for the office of environmental services shall consider the history of violations and compliance for that facility. In considering the granting or denial of the permit, license, registration, or variance, due consideration shall be given to the violation and compliance history of that facility.

(3) Repealed by Acts 2009, No. 117, §1.

(4) The secretary shall act as the primary public trustee of the environment, and shall consider and follow the will and intent of the Constitution of Louisiana and Louisiana statutory law in making any determination relative to the granting or denying of permits, licenses, registrations, variances, or compliance schedules authorized by this Subtitle.

NOTE: Subsection B eff. until July 1, 2020. See Acts 2018, No. 612.

B. In order to provide for adequate permitting, monitoring, investigation, administration, and other activities required for the maintenance of a healthful and safe environment, an initial fee and an annual monitoring and maintenance fee shall be charged for all permits, licenses, registrations, or variances authorized by this Subtitle. These fees shall be determined, except as otherwise provided in this Subtitle relative to maximum amounts of fees, using a formula developed by rules to be based upon a cost equal to the cost of the annual maintenance, permitting, monitoring, investigation, administration, and other activities required therewith, including any effects the volume of emissions or effluents may have on such activities. Any such formula or fees shall be adopted by the department by rule in accordance with the Administrative Procedure Act, R.S. 49:950 et seq. Funds generated from these fees shall be deposited in the Environmental Trust Fund as provided in R.S. 30:2015.

NOTE: Subsection B eff. July 1, 2020. See Acts 2018, No. 612.

B. In order to provide for adequate permitting, monitoring, investigation, administration, and other activities required for the maintenance of a healthful and safe environment, an initial fee and an annual monitoring and maintenance fee shall be charged for all permits, licenses, registrations, or variances authorized by this Subtitle. These fees shall be determined, except as otherwise provided in this Subtitle relative to maximum amounts of fees, using a formula developed by rules to be based upon a cost equal to the cost of the annual maintenance, permitting, monitoring, investigation, administration, and other activities required therewith, including any effects the volume of emissions or effluents may have on such activities. Any such formula or fees shall be adopted by the department by rule in accordance with the Administrative Procedure Act, R.S. 49:950 et seq. Funds generated from these fees shall be deposited in the Environmental Trust Account as provided in R.S. 30:2015.

C. Repealed by Acts 1997, No. 124, §2.

D.(1) The formulas used in determining the fees provided for in Subsection B of this Section shall be designed so as to discourage land disposal of hazardous waste and to encourage alternative and environmentally sound methods of reducing, destroying, recycling, neutralizing, and, to the least extent possible, disposing of hazardous waste. Such formulas shall be submitted to and approved by the legislative oversight committees prior to implementation thereof and shall be consistent with the policy and purposes provided for in the Louisiana Waste Reduction Law.

(2) Unless otherwise provided by law, the department is prohibited from adjusting, modifying, or otherwise changing the formula for any fee authorized under this Section in a manner that would increase the fee paid by any person by more than five percent of the relevant fee paid by such person in the previous fiscal year. However, this Paragraph shall not apply to fees imposed by the department for any underground storage tanks as provided in R.S. 30:2194.

(3) The department is prohibited from creating any new fees under this Subtitle.

NOTE: Items (D)(4)(a) and (b) eff. until July 1, 2020. See Acts 2018, No. 612.

(4)(a) In accordance with the provisions of Article VII, Section 2.1 of the Constitution of Louisiana, and notwithstanding any other provision of law, the Department of Environmental Quality may modify any fee that is in effect on June 30, 2002, is authorized by this Title, and is required to be deposited into the Environmental Trust Fund. Such a modification may increase the rate in effect on June 30, 2002, over the two-year fiscal period beginning July 1, 2002, as follows: the department may increase any such fee by a maximum of twenty percent, effective on or after July 1, 2002, and by a maximum of ten percent above the rate in effect on June 30, 2003, effective on or after July 1, 2003. Within ninety days of the promulgation and adoption of any regulation necessary to implement the fees herein, the Department of Environmental Quality shall submit a written report to the Joint Legislative Committee on the Budget for its approval which details the proposed use for the fee increase, efforts to decrease the processing time for permits, efforts to increase the number of inspections conducted at regulated facilities, enforcement activities, and efforts to increase the collection of fines imposed by the Department of Environmental Quality.

(b) Notwithstanding any other provision of law to the contrary, the Department of Environmental Quality may increase the following fees from the amounts in effect on March 14, 2015, as authorized by this Title or any rule or regulation promulgated pursuant thereto, and is required to be deposited into the Environmental Trust Fund as follows:

NOTE: Items (D)(4)(a) and (b) eff. July 1, 2020. See Acts 2018, No. 612.

(4)(a) In accordance with the provisions of Article VII, Section 2.1 of the Constitution of Louisiana, and notwithstanding any other provision of law, the Department of Environmental Quality may modify any fee that is in effect on June 30, 2002, is authorized by this Title, and is required to be deposited into the Environmental Trust Account. Such a modification may increase the rate in effect on June 30, 2002, over the two-year fiscal period beginning July 1, 2002, as follows: the department may increase any such fee by a maximum of twenty percent, effective on or after July 1, 2002, and by a maximum of ten percent above the rate in effect on June 30, 2003, effective on or after July 1, 2003. Within ninety days of the promulgation and adoption of any regulation necessary to implement the fees herein, the Department of Environmental Quality shall submit a written report to the Joint Legislative Committee on the Budget for its approval which details the proposed use for the fee increase, efforts to decrease the processing time for permits, efforts to increase the number of inspections conducted at regulated facilities, enforcement activities, and efforts to increase the collection of fines imposed by the Department of Environmental Quality.

(b) Notwithstanding any other provision of law to the contrary, the Department of Environmental Quality may increase the following fees from the amounts in effect on March 14, 2015, as authorized by this Title or any rule or regulation promulgated pursuant thereto, and is required to be deposited into the Environmental Trust Account as follows:

(i) Ground water fees provided for in Chapter 14 of Part 1 of Title 33 of the Louisiana Administrative Code may be increased by up to ten percent.

(ii) Air fees provided for in Part III of Title 33 of the Louisiana Administrative Code may be increased by up to ten percent. A minimum application fee of five hundred dollars and a minimum annual maintenance fee of two-hundred fifty dollars may be established. The maximum annual maintenance fee for natural gas compressors provided in LAC 33:III.223, Table 1, Categories 1430 through 1490 shall not exceed forty-one thousand six hundred twelve dollars for any one gas transmission permit. In addition, the secretary is hereby authorized to establish a fee schedule for the following:

(aa) An application fee for a new, modification, or renewal of an acid rain permit not to exceed five hundred dollars.

(bb) An application fee for the renewal with no modification of an operating permit not to exceed the minimum minor permit modification fee.

(cc) An annual fee charged for sources permitted pursuant to 40 CFR Part 70 and required to obtain a permit pursuant to Title V of the federal Clean Air Act not to exceed twenty percent of the total annual maintenance fees.

(iii) Hazardous waste fees provided in Part V of Title 33 of the Louisiana Administrative Code may be increased by up to twenty-five percent. In addition, the secretary is hereby authorized to establish a fee schedule for the following:

(aa) An annual maintenance fee for hazardous waste treatment, storage, and disposal facilities that are in post-closure not to exceed four thousand one hundred twenty-five dollars.

(bb) An application fee for hazardous waste transfer facilities not to exceed one thousand nine hundred dollars.

(cc) An application fee for used oil transfer facilities not to exceed one thousand three hundred dollars.

(dd) An application fee for an extension of the accumulation time by hazardous waste generators not to exceed five hundred dollars.

(iv)(aa) Solid waste fees provided in Part VII of Title 33 of the Louisiana Administrative Code may be increased by up to twenty-five percent.

(bb) Tonnage fees for non-industrial wastes provided for in LAC 33:VII.1505(B)(2)(b) may be applied for amounts exceeding twenty-five thousand tons.

(v) Water quality fees in Part IX of Title 33 of the Louisiana Administrative Code may be increased by up to ten percent. In addition the secretary is hereby authorized to establish a fee schedule for the following:

(aa) A general permit for oil and gas wells in the coastal and territorial seas provided for in LAC 33:IX.1309(N) charged annually based upon each application for coverage under the general permit not to exceed one thousand seven hundred fifty dollars.

(bb) A general permit for sewage sludge authorizations charged annually not to exceed six hundred dollars.

(cc) An annual fee for sewage sludge individual permits not to exceed two thousand dollars.

(vi)(aa) Underground storage tank fees provided for in Part XI of Title 33 of the Louisiana Administrative Code may be increased by up to ten percent.

(bb) The secretary is hereby authorized to establish a fee schedule for the amendment of registrations not to exceed sixty dollars.

(vii)(aa) Radiation protection fees in Part XV of Title 33 of the Louisiana Administrative Code may be increased by up to ten percent.

(bb) The secretary is hereby authorized to establish a fee schedule for a license renewal application fee not to exceed the new application fee.

(viii) Any increase authorized by this Subparagraph by a certain percentage shall be rounded up to the nearest dollar.

(c) Within ninety days of the promulgation and adoption of any regulation necessary to implement the fees authorized by Subparagraph (b) of this Paragraph, the department shall submit a written report to the Joint Legislative Committee on the Budget for its approval which details the proposed use for the fee increase, efforts to decrease the processing time for permits, efforts to increase the number of inspections conducted at regulated facilities, enforcement activities, and efforts to increase the collection of fines imposed by the department.

(5) Except as provided in R.S. 30:2155.1, the department shall collect from each facility permitted as a construction or demolition debris landfill, as part of the annual monitoring and maintenance fee, a fee not exceeding twenty-five cents per ton of construction or demolition debris deposited in the facility. The fee provided for in this Paragraph shall apply only to construction or demolition debris which is subject to a fee imposed by the facility. The secretary is authorized to promulgate rules and regulations to implement this Paragraph.

(6) The department may require a fee to process any request for a declaratory ruling not to exceed the maximum per-hour overtime salary, including associated-related benefits, of a civil service employee of the department per hour or portion thereof required to conduct the review plus reasonable indirect costs calculated as a percentage of the hourly fee. Such percentage shall be determined annually by agreement between the department and the United States Environmental Protection Agency for use on grants and contracts. However, the department may require a requestor to pay a minimum fee of one thousand five hundred dollars.

Acts 1979, No. 449, §1, eff. Jan. 1, 1980. Amended by Acts 1982, No. 671, §1; Acts 1982, No. 805, §1; Acts 1983, No. 97, §1, eff. Feb. 1, 1984; Acts 1983, No. 538, §1; Acts 1984, No. 795, §1, eff. July 13, 1984; Acts 1984, No. 803, §1; Acts 1986, No. 385, §1, eff. July 2, 1986; Acts 1986, No. 905, §1, eff. July 10, 1986; Acts 1986, No. 943, §2, eff. July 11, 1986; Acts 1987, No. 657, §1; Acts 1987, No. 748, §1; Acts 1988, No. 465, §1; Acts 1989, No. 392, §1, eff. June 30, 1989; Acts 1995, No. 191, §1, eff. June 9, 1995; Acts 1997, No. 124, §§1, 2; Acts 1999, No. 303, §1, eff. June 14, 1999; Acts 2001, No. 596, §1; Acts 2002, 1st Ex. Sess., No. 134, §1, eff. July 1, 2002; Acts 2006, No. 718, §1, eff. July 1, 2006; Acts 2009, No. 117, §1; Acts 2010, No. 49, §1; Acts 2016, No. 451, §1; Acts 2018, No. 612, §9, eff. July 1, 2020.