Louisiana Administrative Code

A. Water systems, meeting §1303.A applicability requirements of this Subchapter, which cannot achieve Step 1 TOC removal requirements at any time following 12 months of paired TOC monitoring, shall submit an application to the state health officer for approval of alternative mini…

A. When a public water system, meeting §1303.A applicability requirements, uses an alternative compliance criteria (ACC) on its monthly TOC monitoring report, the following numbering key shall be employed to identify the specific alternative compliance criteria used. 1. ACC #1―so…

A. In order to clarify the requirements for a system to be able to achieve ACC #1, the "Step 1 Required Removal of TOC by Enhanced Coagulation and Enhanced Softening for Subpart H Systems Using Conventional Treatment" matrix table under 40 CFR 141.135(b)(2) is hereby amended to r…

A. All compliance monitoring samples for TOC, DOC, and UV254 shall be analyzed in a certified chemical laboratory/drinking water or in an EPA-certified laboratory. B. In addition to any other applicable analytical requirements, all laboratories in Subsection A of this Section whi…

A. If a system uses chlorine dioxide, chlorite monitoring results (daily, monthly, as well as any additional compliance monitoring) and daily chlorine dioxide residual monitoring results (as ClO2) shall be reported to the state health officer monthly. All results shall be on a re…

A. Each public water system required to perform monitoring under the requirements of this Chapter shall submit a monitoring plan to the state health officer for review and approval. Such monitoring plan shall specifically be provided to the OPH district engineering office which h…

A. [Formerly paragraph 27:026-1] Once treated, as specified in §1101, potentially infectious biomedical waste may be disposed as non-infectious waste in a permitted sanitary landfill in accordance with the Solid Waste Regulations of the Department of Environmental Quality. B. [Fo…

A. It is the purpose of this regulation to provide direction and guidance concerning the control of dissemination and correction of criminal history record information (CHRI) to individuals or agencies as required by the federal regulations (Title 28), through the maintenance of …

A. These regulations impose no restrictions on the dissemination of CHRI where the court transactions or dispositions have included a conviction or convictions. However, where CHRI contains nonconviction data, i.e., where records contain arrest data, citation, summons, or bill(s)…

A. Nonconviction data may only be disseminated to: 1. criminal justice agencies for criminal justice activity and employment; 2. public and private agencies authorized by state and federal statute, executive order, local ordinance or court decision (see §1309); 3. individuals and…

A. Nothing in this regulation abrogates the right of individuals (or their authorized representatives) to access, review, challenge, or appeal criminal history information about themselves as provided for in Chapter 7 and Chapter 9.

A. For the purpose of this Chapter the following definitions apply: Administrative Metadata—elements of information used to manage the records. Examples include but are not limited to information describing the creation of the record, access restrictions, rights management, and r…

A. The head of each agency must establish internal policies to manage the agency’s electronic records that ensure: 1. the agency can access and use all electronic records in its custody for the full durations of the records’ retention periods, which are listed on the agency’s app…

A. In accordance with R.S. 44:415, all agencies shall contract with the Louisiana State Archives for imaging services or comply with the conversion standards and disposal request procedures established by the division.

A. In accordance with R.S. 44:36 and 44:39, agencies are required to exercise diligence and care in preserving the records in its custody. Agencies must ensure any record they convert to electronic format remains unalterable, accessible, and usable for the entirety of the record’…

A. A refund of accumulated employee contributions may be made in less than 30 calendar days after the date of separation from state service in the following situations: 1. the refund results from the death of the member; or 2. the member has significant expenses for medical care …

A. The member or beneficiary shall provide a copy of the death certificate, a doctor's statement of total and permanent disability, a copy of medical invoices, or copies of other pertinent documentation to qualify for the emergency refund. Outstanding bills must be payable prior …

A. If the amount that is refunded is greater than the amount actually due the individual, the agency paying the contributions shall be responsible for recouping any overpayment from the individual who was overpaid.

A. Purpose. The purpose of this Section shall be to limit the quantity of particulate matter emitted. B. Scope. This Section applies to any operation, process, or activity from which particulate matter is emitted except the wood pulping industry, the primary aluminum industry (ho…

A. Toxic Substances. Substances which are by nature toxic to human or animal life or vegetation may be controlled to more restrictive levels than is required for particulate matter in general. B. Impairment of Visibility. The emissions which pass onto or across a public road and …

A. All reasonable precautions shall be taken to prevent particulate matter from becoming airborne. These precautions shall include but shall not be limited to the following: 1. use of water or chemicals for control of dust in the demolition of existing buildings or structures, co…

A. Emissions whose quality as of the effective date of these regulations is higher than the standards set forth in LAC 33:III.1321, Table 3 and LAC 33:III.1311.B shall be maintained at the higher quality unless it can be affirmatively demonstrated to the department that a change …

A. Method. The methods listed in LAC 33:III.1503.D.2, Table 4 or such equivalent methods as may be approved by the department shall be utilized to determine particulate concentrations in stack gases. B. Calibration Required. Measurement equipment shall be periodically calibrated …

A. The process weight rate per hour referred to in this Section shall be based upon the normal operation maximum capacity of the equipment and if such normal maximum capacity should be increased by process or equipment changes, the new normal maximum capacity shall be used as the…

A. Purpose. The purpose of this Subchapter shall be to limit the quantity of particulate matter emitted from fuel burning equipment. B. Scope. This Subchapter applies to fuel burning installations utilized for the primary purpose of producing steam, hot water, hot air or other in…

A. The department may prescribe air quality control requirements that are more restrictive and more extensive than provided for in LAC 33:III.1313.C and 1311 if the particulate matter emitted is toxic, or a deleterious substance which may affect human health or well-being or whic…

A. When Variance Is Granted. The following matters are excluded from the application of this Subchapter: Emissions of particulate matter pursuant to and in compliance with the terms of a variance granted by the administrative authority. B. Applicant Shall Furnish Required Informa…

A. All regulations outlined in LAC 33:III.1301 to 1311 regarding particulate matter also apply to particulate emissions that have any lead component. Table 3 Allowable Rate of Emissions Based on Process Weight Rate Process Wgt. Rate Rate of Emissions Lbs./Hr. Tons/Hr. Lbs./Hr. 10…

A. Purpose. The purpose of this Subchapter is to reduce particulate matter emissions from facilities that engage in abrasive blasting. B. Scope. This Subchapter applies to any facility or contractor in the state that engages in or contracts to provide on-site abrasive blasting an…

A. Terms used in this Subchapter are defined in LAC 33:III.111 with the exception of the terms specifically defined below. Abrasive Blasting—the operation of cleaning or preparing a surface by forcibly propelling a stream of abrasive material against the surface. Abrasive Blastin…

A. Abrasive Materials and Methods 1. Material derived from hazardous, toxic, medical, and/or municipal waste is prohibited from use as abrasive material. 2. Abrasives shall contain less than 10 percent (by weight) of fines that would pass through a No. 80 sieve as documented by t…

A. Affected facilities shall either: 1. fully enclose the item, or surround the structure, to be blasted; or 2. prepare and implement a best management practices (BMP) plan as described in LAC 33:III.1331. B. Blast cabinet exhaust shall be re-circulated to the cabinet or vented t…

A. Facilities that decide to use a BMP plan to comply with this Subchapter shall comply with all the requirements of this Section. B. A complete copy of the BMP plan shall be kept at the facility and be made available to authorized representatives of the department upon request. …

A. The facility owner/operator shall maintain the following records on the facility premises at all times, and present them to an authorized representative of the department upon request: 1. permit application approval records and the facility's permit to construct/operate, where…

A. Responses. Responses to solicitations shall be evaluated in keeping with the criteria, specifications, terms and conditions set forth in the solicitation. B. Lowest Cost. Unless otherwise specified in the solicitation an award based on a solicitation shall be to the responsibl…

A. Rejection. The university reserves the right to reject any or all responses to a solicitation in whole or in part and to award by items, parts of items or by any group of items specified. Also, the right is reserved to waive any technical defects when the best interest of the …

A. A reasonable inquiry to determine the responsibility of a bidder or proposer may be conducted. The unreasonable failure of a bidder or proposer promptly to supply information in connection with such an inquiry may be grounds for a determination of non-responsibility with respe…

A. Financial Responsibility for Type I, I-A, II, II-A, and III Facilities. Permit holders or applicants of Type I, I-A, II, II-A, and III facilities have the following financial responsibilities for closure and post-closure care. 1. Permit holders or applicants for processing or …

A. A permit holder of a Type II landfill required to undertake a corrective action program under LAC 33:VII.805 must provide to the Office of Environmental Services a detailed written estimate, in current dollars, of the cost of hiring a third party to perform the corrective acti…

A. A permit holder or applicant shall notify the Office of Environmental Services by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the permit holder or applicant as debtor, within 10 days after commencem…

A. Reserved. B. Reserved. C. Reserved D. Appendix D SOLID WASTE FACILITY TRUST AGREEMENT/STANDBY TRUST AGREEMENT [Facility name, agency interest number, and permit number] This Trust Agreement, the "Agreement," is entered into as of [date] by and between [name of permit holder or…

A. The Commissioner of Agriculture and Forestry adopts the following regulations under the authority of R.S. 3:4413 for the purpose of implementing the provisions of R.S 3:4410-4416, the Louisiana Forestry Productivity Program, enacted by Act 1377 of 1997.

A. The terms defined in this Section have the meanings given to them herein, for purposes of these regulations, except where the context expressly indicates otherwise. Approved Forestry Practice―forestry practice approved by the Department, for which the landowner is authorized t…

A. Any landowner desiring to apply for participation in this program must first submit an application to the department on a form supplied by the department. B. Each landowner submitting an application must also submit a $25 nonrefundable application fee at the time the landowner…

A. The commissioner shall determine the state's annual level of involvement in the Program. The determination shall be made upon recommendation from the commission. The commission shall base its recommendation on available program funding and landowner requests for program partic…

A. Any landowner owning five contiguous acres or more in Louisiana suitable for growing a timber species approved by the department is eligible for participation in this program unless excluded by these regulations or otherwise excluded by law. B. The following landowners are not…

A. The landowner shall abide by the provision of the law establishing this program, these regulations, and the cooperative agreement. B. The landowner shall maintain the land subject to the cooperative agreement in forestry usage in accordance with the cooperative agreement for a…

A. Forestry practices approved by the commissioner for purposes of this program are: 1. site preparation for reforestation by natural or artificial means; 2. planting of seeds or seedlings; 3. timber stand improvement through removal of undesirable vegetation or trees; and 4. pos…

A. Each landowner shall have 11 months to complete the forestry practice or practices authorized by the cooperative agreement.

A. Payment by the department to any landowner under any cooperative agreement entered into under this program shall be made by the department only out of monies that are in the fund at the time payment is due. B. The department shall make payment under any cooperative agreement o…