Current through Register Vol. 50, No. 9, September 20, 2024
A. The
regulations of this Chapter establish standards for a generator of hazardous
waste as defined in LAC 33:V.109.
1. A person
who generates a hazardous waste as defined in LAC 33:V.109 is subject to all
the applicable independent requirements in the regulations below.
a. Independent requirements of a very small
quantity generator include:
i. LAC
33:V.1005.A-E (Hazardous Waste Determination and Recordkeeping);
ii. LAC 33:V.1007 (Generator Category
Determination);
iii. LAC 33:V.1017
(EPA Identification Numbers and Notification of Hazardous Waste Activities for
Generators); and
iv. LAC
33:V.5121.C.2 (Annual Fees).
b. Independent requirements for a small
quantity generator include:
i. LAC 33 :V.1005
(Hazardous Waste Determination and Recordkeeping);
ii. LAC 33:V.1007 (Generator Category
Determination);
iii. LAC 33:V.1017
(EPA Identification Numbers and Notification of Hazardous Waste Activities for
Generators);
iv. LAC 33:V.1019
(Recordkeeping);
v. LAC 33:V.1027
(Recordkeeping and Reporting for Small Quantity Generators);
vi. LAC 33:V.1107 (The Manifest
System);
vii. LAC 33:V.Chapter 10.
Subchapter E (Pre-transport Requirements);
viii. LAC 33:V.Chapter 11. Subchapter B
(Transboundary Shipments of Hazardous Waste); and
ix. LAC 33:V.5121.C.l (Annual
Fees).
c. Independent
requirements of a large quantity generator include:
i. LAC 33:V.1005 (Hazardous Waste
Determination and Recordkeeping);
ii. LAC 33:V.1007 (Generator Category
Determination);
iii. LAC 33:V.1017
(EPA Identification Numbers and Notification of Hazardous Waste Activities for
Generators);
iv. LAC 33:V.Chapter
10.Subchapter B (Recordkeeping and Reporting for Small Quantity Generators and
Large Quantity Generators), except LAC 33:V.1027;
v. LAC 33:V.1107 (Manifest
Requirements);
vi. LAC 33:V.Chapter
10. Subchapter E (Pretransport Requirements);
vii. LAC 33:V.Chapter 11. Subchapter B
(Transboundary Shipments of Hazardous Waste); and
viii. LAC 33:V5121.C.l (Annual
Fees).
2. A
generator that accumulates hazardous waste on-site is a person that stores
hazardous waste and is subject to the applicable requirements of LAC
33:V.Subpart 1, unless it is one of the following:
a. a very small quantity generator that meets
the conditions for exemption in LAC 33:V.1009;
b. a small quantity generator that meets the
conditions for exemption in LAC 33:V.1011 and 1013; or
c. a large quantity generator that meets the
conditions for exemption in LAC 33:V.1011 and 1015.
3. If a generator is a small quantity
generator or a large quantity generator, it shall not transport, offer its
hazardous waste for transport, or otherwise cause its hazardous waste to be
sent to a facility that is not a designated facility, as defined in LAC
33:V.109, or not otherwise authorized to receive the generator's hazardous
waste. A very small quantity generator shall comply with the requirements of
Section
1009 of this Chapter regarding
management of hazardous waste.
B. Determining Generator Category. A
generator shall use LAC 33:V.1007 to determine which provisions of this Chapter
are applicable to the generator based on the quantity of hazardous waste
generated per calendar month.
C. A
farmer disposing of waste pesticides from his own use which are hazardous
wastes is not required to comply with the standards of this Chapter or other
standards in LAC 33:V.Chapters 3, 5, 7, 10, 11, 15, 17, 19, 21, 23, 25, 27, 28,
29, 31, 32, 33, 35, 37, and 43 for those wastes, provided he triple rinses each
emptied pesticide container in accordance with the provisions of LAC
33:V.109.Empty Container.2.c and disposes of the pesticide residues in a manner
consistent with the disposal instructions on the pesticide label.
D. Failure to Comply
1. A person who generates a hazardous waste
as defined in LAC 33:V.109 and further specified in LAC 33:V.Chapter 49 is
subject to the requirements of this Chapter and penalties prescribed in the
Louisiana Environmental Act,
R.S.
30:2001, et seq., for
noncompliance.
2. A generator's
noncompliance with a condition for exemption in this Chapter is not subject to
penalty or injunctive relief under the Louisiana Environmental Quality Act,
R.S.
30:2001 et seq., as a violation of a
condition for exemption in this Chapter. Noncompliance by a generator with an
applicable condition for exemption for storage permit and operations
requirements means that a facility is a storage facility operating without an
exemption from the permit, interim status, and operations requirements in LAC
33:V.Subpart 1. Without an exemption, any violations of such storage
requirements are subject to penalty and injunctive relief under the Louisiana
Environmental Quality Act, La.
R.S.
30:2001, et seq.
E. An owner or operator who initiates a
shipment of hazardous waste from a treatment, storage, or disposal facility
shall comply with the generator standards established in this Chapter. The
provisions of this Chapter are applicable to the on-site accumulation of
hazardous waste by generators. Therefore, the provisions of this Chapter only
apply to owners or operators who are shipping hazardous waste, which they
generated at that facility. A generator who treats, stores, or disposes of
hazardous waste on-site shall comply with the applicable standards and
requirements set forth in LAC 33:V.Subpart 1.
F. Persons responding to an explosives or
munitions emergency in accordance with LAC 33:V.1501.C.7.a.iv or d or 4307, and
305.C.12 or 13 are not required to comply with the standards of this
Chapter.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
