§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(3) Repealed by Acts 2009, No. 117, §1.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.
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 Dedicated Fund 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.
(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 Dedicated Fund
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 Dedicated Fund 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) In accordance with the provisions of Article VII, Section 2.1 of the Constitution
of Louisiana, and notwithstanding any other provision of law to the contrary, the Department
of Environmental Quality may increase the following fees that are in effect on June 30, 2021,
as authorized by this Title, and are required to be deposited into the Environmental Trust
Dedicated Fund Account as indicated:
(a) Air fees provided for in Part III of Title 33 of the Louisiana Administrative Code:
(i) The criteria pollutant annual fee per ton emitted on an annual basis for all facility
types may be increased by an amount not to exceed twenty dollars per ton phased in over a
two-year period. The first phase will increase to sixteen dollars and sixty-one cents per ton
and will become effective July 1, 2022. The second phase will increase to twenty dollars per
ton and will become effective July 1, 2023.
(ii) The minimum fee for criteria pollutant annual fee and air toxins annual fees may
be increased to two hundred fifty dollars.
(iii) In addition, the secretary is hereby authorized to establish an application fee of
five thousand dollars for the issuance of asbestos disposal verification forms for a single site
for the period of one fiscal year.
(b) Solid waste fees provided for in Part VII of Title 33 of the Louisiana
Administrative Code:
(i) Establish a waste tire transporter authorization application fee not to exceed two
hundred and fifty dollars, which shall be deposited into the Waste Tire Management
Dedicated Fund Account.
(ii) In addition, the secretary is hereby authorized to establish an annual fee schedule
for all transporters of solid waste with a facility located in Louisiana.
(iii) All holders of permits for solid waste processing and disposal facilities that have
not completed closure, including post-closure activities, in accordance with an approved
plan, shall be charged an annual monitoring and maintenance fee for each permit and an
annual tonnage fee for applicable permits. Annual monitoring and maintenance fees shall be
charged for each permitted waste type.
(iv) The maximum annual tonnage fee for type I facilities is one hundred twenty
thousand dollars.
(v) The maximum annual tonnage fee for type II facilities is thirty thousand dollars.
(vi) The permit application review fee for type I, I-A, II, and II-A standard permit
applicants may be increased to six thousand one hundred twenty five dollars.
(vii) The permit application review fee for type III standard permit applicants may
be increased to one thousand three hundred twenty-five dollars.
(viii) The permit application review fee for type I, I-A, II, and II-A
permit-modification applicants may be increased to two thousand six hundred fifty dollars.
(ix) The permit application review fee for type III permit-modification applicants
may be increased to eight hundred thirteen dollars.
(x) In addition, the secretary is hereby authorized to establish an annual fee of two
hundred fifty dollars for all transporters of solid waste with a facility located in Louisiana.
(c) Radiation protection fees provided for in Part XV of Title 33 of the Louisiana
Administrative Code:
(i) The secretary may establish that the naturally occurring radioactive materials
general license fee shall be billed per wellhead in the amount of one hundred twenty-five
dollars regardless of the field. No maximum fee shall apply.
(ii) In addition, the secretary is hereby authorized to establish a fee schedule for the
following activities:
(aa) Device, Product, or Sealed Source Evaluation 6A device evaluation shall each
be increased to five thousand dollars.
(bb) Device, Product, or Sealed Source Evaluation 6B sealed source design
evaluation shall each be increased to two thousand dollars.
(cc) Device, Product, or Sealed Source Evaluation 6C update sheet shall be increased
to five hundred dollars.
(dd) A commercial naturally occurring radioactive materials waste disposal
application fee in the amount of twenty-three thousand dollars.
(ee) A commercial naturally occurring radioactive materials waste disposal annual
fee in the amount of twenty thousand dollars.
(6) 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.
(7) 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; Acts 2019, No. 404, §1, eff. July 1, 2020; Acts 2021, No. 114, §6, eff.
July 1, 2022; Acts 2021, No. 405, §1.