The First Circuit upheld a permit to an existing solid waste facility.
Harrelson Materials Management, Inc. operated a Type III solid waste landfill near the City of Shreveport. The facility had operated in that location since the later 1980s and received an initial Order to Upgrade in 1994. Its original permit application, submitted in 1995, stated that the total area of the facility was 29.86 acres. The local zoning authority confirmed in 1998 that the facility had a non-conforming use under local zoning ordinances, allowing it to operate within that acreage as a solid waste landfill.
In 2004, a revised application was submitted in which the total acres for which the permit was requested was increased to about 75 acres. LDEQ issued a series of notices of deficiencies, essentially requesting that Harrelson provide proof that the entire 75 acres had been approved by the local zoning authority. When Harrelson did not, or could not, LDEQ denied the revised application and rescinded the Order to Upgrade. Thereafter, in 2007, Harrelson submitted another application limiting the scope of the permit request to the original 29.86 acres (which had received non-conforming use approval in 1998).
LDEQ, after public notice and a comment period, issued a standard permit to Harrelson. LEAN filed a petition for review of the permit. Continue reading “In re: Harrelson Materials Management, Inc., 2010-1950 (La. App. 1 Cir. 6/10/11)”