La. Admin. Code tit. 33 § XV-116

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-116 - Public Participation in Licensing Actions

A. In addition to other applicable requirements of these regulations, any application for a commercial radioactive waste disposal facility or for any facility involved with any phase of the nuclear fuel cycle must be processed in accordance with the following.

1. Filing of Application

a. A complete application as specified by the department and/or the administrative authority must be filed with appropriate fees, if required. Applications that lack necessary information for proper evaluation will be returned to the applicant within 60 days of receipt of application with a list of additional data required.

b. Applications that are deemed by the department to be complete will be accepted for review. The applicant will be notified of such acceptance for review within 60 days of receipt of the application.

2. Distribution of Application. Upon acceptance of an application for review, the assistant secretary will distribute copies of the application for review and comment to the administrative authority. A legal notice describing the application and describing where it may be reviewed will also be placed in a local newspaper.

3. Determination of Fact-Finding Hearing Necessity. Comments from the public and involved local, parish, and state agencies will be reviewed. Any person, within 20 days of date of publication of the legal notice specified in Paragraph A.2 of this Section, may request the administrative authority to call for a fact-finding hearing. The administrative authority will determine the necessity for a fact-finding hearing based on comments received and other available information. The request for the hearing must be in writing and shall contain the following information:

a. the name and affiliation, if any, of the person(s) making the request; and

b. comments in support of or objections to issuance of a license or permit.

4. Requirements for a Fact-Finding Hearing

a. If the administrative authority determines that a fact-finding hearing is warranted, such will be scheduled. All interested persons will be given written notice, and a legal notice announcing the fact-finding hearing will be placed in the local newspaper at least 20 days prior to the hearing. The notice shall contain the following information:

i. name of applicant;

ii. nature and location of activity;

iii. description and estimated quantities of waste handled or materials to be processed;

iv. date and location of fact-finding hearing;

v. the latest date written comments will be received for the fact-finding hearing;

vi. name and telephone number of person(s) to contact for additional information; and

vii. locations where the application may be reviewed.

b. Provisions governing fact-finding hearings contained in the Rules of Procedure of the department shall apply to all hearings conducted hereunder.

c. If the administrative authority determines that the objections presented, if any, do not raise genuine and pertinent issues necessitating a hearing, a written reply containing this determination will be sent to the person(s) requesting the hearing.

La. Admin. Code tit. 33, § XV-116

Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 18:34 (January 1992), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2565 (November 2000), LR 27:1225 (August 2001).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.