Current through Register Vol. 50, No. 9, September 20, 2024
A. At closure, the owner or operator must
remove or decontaminate all waste residues, contaminated containment system
components (liners, etc.), contaminated subsoils, and structures and equipment
contaminated with waste and leachate, and manage them as hazardous waste unless
LAC 33:V.109.Hazardous Waste.6 applies; or
B. if some waste residues or contaminated
materials are left in place at final closure, the owner or operator must
either:
1. perform a risk assessment to
demonstrate that closure with the remaining contaminant levels is protective of
human health and the environment in accordance with LAC 33:I.Chapter 13. Any
such risk assessment is subject to approval by the administrative authority and
must demonstrate that post-closure care is not necessary to adequately protect
human health and the environment; or
2. comply with all post-closure requirements
contained in LAC 33:V.3519 and 3527; including maintenance and monitoring
throughout the post-closure care period (specified in the permit under LAC
33:V.3521). The owner or operator must:
a.
maintain the integrity and effectiveness of the final cover including making
repairs to the cap as necessary to correct the effects of settling, subsidence,
erosion, or other events;
b.
maintain and monitor the leak detection system in accordance with LAC 33:V.2903
and 2907.E and comply with all other applicable leak detection system
requirements of this Chapter;
c.
maintain and monitor the groundwater monitoring system and comply with all
other applicable requirements of LAC 33:V.Chapter 33; and
d. prevent run-on and run-off from eroding or
otherwise damaging the final cover.
C. Manage the closure to:
1. eliminate free liquids by removing liquid
wastes or solidifying the remaining wastes and residues;
2. stabilize remaining wastes to a bearing
capacity sufficient to support final cover; and
3. cover the surface impoundment with a final
cover designed and constructed to:
a. provide
long-term minimization of the migration of liquids through the closed
impoundment;
b. function with
minimum maintenance;
c. promote
drainage and minimize erosion or abrasion of the final cover;
d. accommodate settling and subsidence so
that the cover's integrity is maintained; and
e. have a permeability less than or equal to
the permeability of any bottom liner system or natural subsoils
present.
D.
Special Closure
1. If an owner or operator
plans to close a surface impoundment in accordance with Subsection A of this
Section, and the impoundment does not comply with the liner requirements of LAC
33:V.2903.A and is not exempt from them in accordance with LAC 33:V.2903.B,
then:
a. the closure plan for the impoundment
under LAC 33:V.3511 must include both a plan for complying with LAC 33:V.2911.A
and a contingent plan for complying with LAC 33:V.2911.B in case all
contaminated subsoils cannot be practicably removed at closure; and
b. the owner or operator must prepare a
contingent post-closure plan under LAC 33:V.3523 complying with LAC 33:V.2911.B
in case all contaminated subsoils cannot be practicably removed at
closure.
2. The cost
estimates calculated under LAC 33:V.3705 and 3709 for closure and post-closure
care of an impoundment subject to this Subpart must include the cost of
complying with the contingent post-closure plan, but are not required to
include the cost of expected closure under LAC 33:V.2911.A.
E. During the post-closure care
period, if liquids leak into a leak detection system the owner or operator must
notify the administrative authority of the leak in writing within seven days
after detecting the leak.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
