Current through Register Vol. 50, No. 9, September 20, 2024
A. Except as
provided in LAC 33:V.3301.C, the regulations in this Chapter apply to owners or
operators of facilities that treat, store or dispose of hazardous waste. The
owner or operator must satisfy the requirements identified in LAC 33:V.3301.B
for all wastes (or constituents thereof) contained in solid waste management
units at the facility, regardless of the time at which waste was placed in such
units.
B. All solid waste
management units must comply with the requirements in LAC 33:V.3322. A surface
impoundment, waste pile, and land treatment unit or landfill that receives
hazardous waste after July 26, 1982 (hereinafter referred to as a
regulated unit) must comply with the requirements of LAC
33:V.3303-LAC 33:V.3321 in lieu of LAC 33:V.3322 for purposes of detecting,
characterizing and responding to releases to the uppermost aquifer. The
financial responsibility requirements of LAC 33:V.3322 apply to regulated
units.
C. The owner or operator's
regulated unit or units are not subject to regulation for releases into the
uppermost aquifer under this Chapter if:
1.
the owner or operator is exempted under LAC 33:V.1501; or
2. he operates a unit which the
administrative authority finds:
a. is an
engineered structure;
b. does not
receive or contain liquid waste or waste containing free liquids;
c. is designed and operated to exclude
liquid, precipitation, and other run-on and run-off;
d. has both inner and outer layers of
containment enclosing the waste;
e.
has a leak detection system built into each containment layer;
f. the owner or operator will provide
continuing operation and maintenance of these leak detection systems during the
active life of the unit and the closure and post-closure care periods;
and
g. to a reasonable degree of
certainty, will not allow hazardous constituents to migrate beyond the outer
containment layer prior to the end of the post-closure care period;
3. the administrative authority
finds, pursuant to LAC 33:V.2719.D, that the treatment zone of a land treatment
unit that qualifies as a regulated unit does not contain levels of hazardous
constituents that are above background levels of those constituents by an
amount that is statistically significant, and if an unsaturated zone monitoring
program meeting the requirements of LAC 33:V.2711 has not shown a statistically
significant increase in hazardous constituents below the treatment zone during
the operating life of the unit. An exemption under LAC 33:V.3301.C can only
relieve an owner or operator of responsibility to meet the requirements of this
Chapter during the post-closure care period; or
4. the administrative authority finds that
there is no potential for migration of liquid from a regulated unit to the
uppermost aquifer during the active life of the regulated unit (including the
closure period) and the post-closure care period specified under LAC 33:V.3521.
This demonstration must be certified by a qualified geologist or geotechnical
engineer. In order to provide an adequate margin of safety in the prediction of
potential migration of liquid, the owner or operator must base any predictions
made under LAC 33:V.3301.C on assumptions that maximize the rate of liquid
migration;
5. he designs and
operates a pile in compliance with LAC 33:V.2301.C.
D. The regulations under this Chapter apply
during the active life of the regulated unit (including the closure period).
After closure of the regulated unit, the regulations in this Subpart:
1. do not apply if all waste, waste residues,
contaminated containment system components, and contaminated subsoils are
removed or decontaminated at closure;
2. apply during the post-closure care period
under LAC 33:V.Chapter 35.Subchapter B post-closure requirements if the owner
or operator is conducting a detection monitoring program under LAC
33:V.3317;
3. apply during the
compliance period under LAC 33:V.3313 if the owner or operator is conducting a
compliance monitoring program under LAC 33:V.3319 or a corrective action
program under LAC 33:V.3321.
E. Regulations in this Chapter may apply to
miscellaneous units when necessary to comply with LAC 33:V.3203-3207.
F. The regulations of this Chapter apply to
all owners and operators subject to the requirements of LAC 33:V.305.H when the
department issues either a post-closure permit or an enforceable document (as
defined in LAC 33:V.305.H) at the facility. When the department issues an
enforceable document, references in this Chapter to in the
permit mean in the enforceable document.
G. The administrative authority may replace
all or part of the requirements of this Chapter applying to a regulated unit
with alternative requirements for groundwater monitoring and corrective action
for releases to groundwater set out in the permit (or in an enforceable
document as defined in LAC 33:V.305.H) where the administrative authority
determines that:
1. the regulated unit is
situated among solid waste management units (or areas of concern), a release
has occurred, and both the regulated unit and one or more solid waste
management unit(s) (or areas of concern) are likely to have contributed to the
release; and
2. it is not necessary
to apply the groundwater monitoring and corrective action requirements of LAC
33:V.3303-3321 because alternative requirements will protect human health and
the environment.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
