Current through Register Vol. 50, No. 9, September 20, 2024
A. During the closure period, the owner or
operator must:
1. continue all operations
(including pH control) necessary to maximize degradation, transformation, or
immobilization of hazardous constituents within the treatment zone as required
under LAC 33:V.2703.A, except to the extent such measures are inconsistent with
LAC 33:V.2719.A.8;
2. continue all
operations in the treatment zone to minimize run-off of hazardous constituents
as required under LAC 33:V.2703.B;
3. maintain the run-on control system
required under LAC 33:V.2703.C;
4.
maintain the run-off management system required under LAC
33:V.2703.D;
5. control wind
dispersal of particulate matter if required under LAC 33:V.2703.F;
6. continue to comply with any prohibitions
or conditions concerning growth of food-chain crops under LAC
33:V.2709;
7. continue unsaturated
zone monitoring in compliance with LAC 33:V.2711, except that soil-pore liquid
monitoring may be terminated 90 days after the last application of waste to the
treatment zone; and
8. establish a
vegetative cover on the portion of the facility being closed at such time that
the cover will not substantially impede degradation, transformation, or
immobilization of hazardous constituents in the treatment zone. The vegetative
cover must be capable of maintaining growth without extensive
maintenance.
B. For the
purpose of complying with LAC 33:V.3517, when closure is completed, the owner
or operator may submit to the Office of Environmental Services certification by
an independent, qualified soil scientist, in lieu of an independent, qualified
professional engineer, that the facility has been closed in accordance with the
specifications in the approved closure plan.
C. During the post-closure care period, the
owner or operator must:
1. continue all
operations (including pH control) necessary to enhance degradation and
transformation and sustain immobilization of hazardous constituents in the
treatment zone to the extent that such measures are consistent with other
post-closure care activities;
2.
maintain a vegetative cover over closed portions of the facility;
3. maintain the run-on control system
required under LAC 33:V.2703.C.;
4.
maintain the run-off management system required under LAC
33:V.2703.D;
5. control wind
dispersal of particulate matter if required under LAC 33:V.2703.F;
6. continue to comply with any prohibitions
or conditions concerning growth of food-chain crops under LAC 33:V.2709;
and
7. continue unsaturated zone
monitoring in compliance with LAC 33:V.2711, except that soil-pore liquid
monitoring may be terminated 90 days after the last application of waste to the
treatment zone.
D. The
owner or operator is not subject to regulation under Paragraph A.8 and
Subsection C of this Section if the administrative authority finds that the
level of hazardous constituents in the treatment zone soil does not exceed the
background value of those constituents by an amount that is statistically
significant when using the test specified in Paragraph D.3 of this Section. The
owner or operator may submit such a demonstration to the Office of
Environmental Services at any time during the closure or post-closure care
periods. For the purposes of this Subsection:
1. the owner or operator must establish
background soil values and determine whether there is a statistically
significant increase over those values for all hazardous constituents specified
in the facility permit under LAC 33:V.2705.B:
a. background soil values may be based on a
one-time sampling of a background plot having characteristics similar to those
of the treatment zone;
b. the owner
or operator must express background values and values for hazardous
constituents in the treatment zone in a form necessary for the determination of
statistically significant increases under LAC 33:V.2719.D.3;
2. in taking samples used in the
determination of background and treatment zone values, the owner or operator
must take samples at a sufficient number of sampling points and at appropriate
locations and depths to yield samples that represent the chemical makeup of
soil that has not been affected by leakage from the treatment zone and the soil
within the treatment zone, respectively;
3. in determining whether a statistically
significant increase has occurred, the owner or operator must compare the value
of each constituent in the treatment zone to the background value for that
constituent using a statistical procedure that provides reasonable confidence
that the constituent presence in the treatment zone will be identified. The
owner or operator must use a statistical procedure that:
a. is appropriate for the distribution of the
data used to establish background values; and
b. provides a reasonable balance between the
probability of falsely identifying a hazardous constituent presence in the
treatment zone and the probability of failing to identify a real presence in
the treatment zone;
4.
the owner or operator is not subject to regulation under LAC 33:V.Chapter 33 if
the administrative authority finds that the owner or operator satisfies LAC
33:V.2719.D and if unsaturated zone monitoring under LAC 33:V.2711 indicates
that hazardous constituents have not migrated beyond the treatment zone during
the active life of the land treatment unit.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
