Certification of Compliance Frequently Asked Questions

What regulation requires the Certification of Compliance?

LAC 33:VII.525 of the Solid Waste Regulations requires permitted facilities to submit the annual Certification of Compliance. This regulation was promulgated on November 20, 2011. LDEQ issued minor permit modifications to permitted facilities in March of 2013, making the rule effective and the first submittal due on October 1, 2013.

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When is the Certification of Compliance due?

The Certification of Compliance is due by October 1 of each year.

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What is the reporting period?

The reporting period is July 1 to June 30 immediately preceding the October 1 submittal date.

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How many copies have to be submitted?

Two copies must be submitted to LDEQ. The original should be mailed to OEC-Enforcement Division, P.O. Box 4312, Baton Rouge, LA 70821-4312. A copy should be mailed to OMF-Financial Services Division, P.O. Box 4303, Baton Rouge LA 70821-4303.

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What facilities are required to submit the Certification of Compliance?

All permitted solid waste facilities are required to submit the Certification of Compliance. Permitted facilities include landfills (Type I, II, III), landfarms, surface impoundments, incinerators, separation facilities, resource recovery facilities, processing transfer stations, compost facilities, air curtain destructors and shredders/compactors.

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What facilities are NOT required to submit the Certification of Compliance?

Facilities that only generate solid waste, waste tire processors, beneficial use facilities and non-processing transfer stations are not required to submit the Certification of Compliance.

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Are solid waste annual reports (generator, disposer, processor and separation and composting) still required if my facility submits the Certification of Compliance?

No, the solid waste annual reports are not required if your facility submits the Certification of Compliance. The Certification of Compliance compiles the solid waste annual reports as Attachments 3, 4, and 5.

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How many different forms are there for the Certification of Compliance?

There are two forms for the Certification of Compliance, one for operating facilities and one for facilities in post-closure. Information such as type of operation, financial assurance and fees are the same on both forms. However, the Certification of Compliance for facilities in post-closure requires information specifically related to post-closure activities such as final cover, leachate, gas collection/treatment and groundwater monitoring.

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My facility has more than one permit for operating facilities. Can one form be submitted for all permits at my facility?

No, one form must be submitted for each permit. Permits with multiple units are only required to submit one form. For example if a facility has one permit, P-0000 and it covers a landfill and a surface impoundment, one form can be completed for both. If a facility has two permits, P-0000 for the landfill and P-1111 for the surface impoundment, two forms must be completed, one for each.

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My facility has more than one permit and must submit a certification of compliance form for each permit. Does the generator information in Attachment 3 need to be completed on each form?

No, if you are required to complete more than one form you only need to complete the generator information on one of the forms.

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What is required for the Part II Certification of Compliance?

Item 15 has been added to the form to address the Part II Certification of Compliance. Facilities with permits and major modifications issued through LDEQ’s data management system (i.e. TEMPO) will identify site specific conditions. Each condition should be addressed and included as Attachment 13. Facilities that do not have permits or major medications with site specific conditions should address the general questions regarding submittal of reports and monitoring requirements. If all reports have not been submitted or if monitoring requirements have not been met, an explanation must be provided and included as Attachment 13.

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Are deviations from specific permit conditions a violation?

Deviations may or may not constitute a violation of the Louisiana Environmental Quality Act or the solid waste regulations.

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Should deviations from specific permit conditions for all media be reported?

No, only deviations from specific permit conditions in the solid waste permit should be reported.

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What are examples of deviations from specific conditions?

Examples of deviations are exceedances pertaining to the solid waste groundwater monitoring program during the reporting period, notification to LDEQ required by LAC 33:VII.315.F (Reporting of Unauthorized Discharge) or LAC 33:VII.315.H (Notice of Fire or Damage to Structures).

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Do fee questions on the form pertain only to solid waste fees?

No, the fee questions on the form apply to all media, not just solid waste.

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When a municipality is the permit holder and they contract out the operation of the facility, can the contractor sign the Certification of Compliance?

Yes, when the operation of the facility is contracted out, the Certification of Compliance may be signed by a duly authorized representative if:  (1) the authorization is made in writing by the responsible official for the municipality, (2) the duly authorized representative is either a named individual or any individual occupying a name position, that has responsibility for the overall operation of the facility and (3) written authorization is submitted to the Office of Environmental Services.

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Who can I contact if I have additional questions or comments regarding the Certification of Compliance?

You can contact Mike Hahn with the Permits Division by email at mike.hahn@la.gov or by phone at 225-219-3464.

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