Current through Register Vol. 50, No. 9, September 20, 2024
A. Written Plan. By May 19, 1988, the owner
or operator of a hazardous waste disposal unit must have a written post-closure
plan. An owner or operator of a surface impoundment or waste pile that intends
to remove all hazardous wastes at closure must prepare a post-closure plan and
submit it to the Office of Environmental Services within 90 days of the date
that the owner or operator or administrative authority determines that the
hazardous waste management unit or facility must be closed as a landfill,
subject to the requirements of LAC 33:V.4389-4395.
B. Until final closure of the facility, a
copy of the most current post-closure plan must be furnished to the
administrative authority upon request, including request by mail. In addition,
for facilities without approved post-closure plan, it must also be provided
during site inspections, on the day of inspection, to any officer, employee or
representative of the agency who is duly designated by the administrative
authority. After final closure has been certified, the person or office
specified in LAC 33:V.4381.C.3 must keep the approved post-closure plan during
the post-closure period.
C. For
each hazardous waste management unit subject to the requirements of this
Subchapter, the post-closure plan must identify the activities that will be
carried on after closure of each disposal unit and the frequency of these
activities, and include at least:
1. a
description of the planned monitoring activities and frequencies at which they
will be performed, to comply with LAC 33:V.Chapter 43.Subchapters E, J, K, L,
and M, during the post-closure care period; and
2. a description of the planned maintenance
activities, and frequencies at which they will be performed, to ensure:
a. the integrity of the cap and final cover
or other containment systems in accordance with the requirements of LAC
33:V.Chapter 43.Subchapters J, K, L, and M; and
b. the function of the monitoring equipment
in accordance with the requirements of LAC 33:V.Chapter 43.Subchapters J, K, L,
and M; and
3. the name,
address, and phone number of the person or office to contact about the
hazardous waste disposal unit or facility during the post-closure care
period;
4. for facilities subject
to LAC 33:V.4396, provisions that satisfy the requirements of LAC 33:V.4396.A
and B; and
5. for facilities where
the administrative authority has applied alternative requirements at a
regulated unit under LAC 33:V.4367.E, 4377.D, and/or 4397.D, either the
alternative requirements that apply to the regulated unit or a reference to the
enforceable document containing those requirements.
D. Amendment of Plan. The owner or operator
may amend the post-closure plan any time during the active life of the facility
or during the post-closure care period. An owner or operator with an approved
post-closure plan must submit a written request to the Office of Environmental
Services to authorize a change to the approved plan. The written request must
include a copy of the amended post-closure plan for approval by the
administrative authority.
1. The owner or
operator must amend the post-closure plan whenever:
a. changes in operating plans or facility
design affect the post-closure plan;
b. events which occur during the active life
of the facility, including partial and final closures, affect the post-closure
plan; or
c. the owner or operator
requests the administrative authority to apply alternative requirements to a
regulated unit under LAC 33:V.3301.G, 3501.D, and/or 3707.D.
2. The owner or operator must
amend the post-closure plan at least 60 days prior to the proposed change in
facility design or operation, or no later than 60 days after an unexpected
event has occurred which has affected the post-closure plan.
3. An owner or operator with an approved
post-closure plan must submit the modified plan to the Office of Environmental
Services at least 60 days prior to the proposed change in facility design or
operation, or no more than 60 days after an unexpected event has occurred that
has affected the post-closure plan. If an owner or operator of a surface
impoundment or a waste pile who intended to remove all hazardous wastes at
closure in accordance with LAC 33:V.4457.B or 4 475.A, is required to close as
a landfill in accordance with LAC 33:V.4501, the owner or operator must submit
a post-closure plan within 90 days of the determination by the owner or
operator or administrative authority that the unit must be closed as a
landfill. If the amendment to the post-closure plan is a Class 2 or 3
modification according to the criteria in LAC 33:V.321.C and 322, the
modification to the plan will be approved according to the procedures in
Subsection F of this Section.
4.
The administrative authority may request modifications to the plan under the
conditions described in Paragraph D.1 of this Section. An owner or operator
with an approved post-closure plan must submit the modified plan no later than
60 days after the request from the administrative authority. If the amendment
to the plan is considered a Class 2 or 3 modification according to the criteria
in LAC 33:V.321.C and 322, the modifications to the post-closure plan will be
approved in accordance with the procedures in Subsection F of this Section. If
the administrative authority determines that an owner or operator of a surface
impoundment or waste pile who intended to remove all hazardous wastes at
closure must close the facility as a landfill, the owner or operator must
submit a post-closure plan for approval to the Office of Environmental Services
within 90 days of the determination.
E. The owner or operator of a facility with
hazardous waste management units subject to these requirements must submit his
post-closure plan to the administrative authority at least 180 days before the
date he expects to begin partial or final closure of the first hazardous waste
disposal unit. The date he "expects to begin closure" of the first hazardous
waste disposal unit must be either within 30 days after the date on which the
hazardous waste management unit receives the known final volume of hazardous
waste, or if there is a reasonable possibility that the hazardous waste
management unit will receive additional hazardous wastes, no later than one
year after the date on which the unit received the most recent volume of
hazardous wastes. The owner or operator must submit the post-closure plan to
the Office of Environmental Services no later than 15 days after:
1. termination of interim status (except when
a permit is issued to the facility simultaneously with termination of interim
status); or
2. issuance of a
judicial decree or final orders under Louisiana Environmental Quality Act to
cease receiving wastes or close.
F. The administrative authority will provide
the owner or operator and the public through a newspaper notice, the
opportunity to submit written comments on the post-closure plan and request
modifications to the plan no later than 30 days from the date of the notice.
The administrative authority will also, in response to a request or at the
administrative authority's own discretion, hold a public hearing whenever such
a hearing might clarify one or more issues concerning a post-closure plan. The
administrative authority will give public notice of the hearing at least 30
days before it occurs. (Public notice of the hearing may be given at the same
time as notice of the opportunity for the public to submit written comments,
and the two notices may be combined.) The administrative authority will
approve, modify, or disapprove the plan within 90 days of its receipt. If the
administrative authority does not approve the plan, he or she shall provide the
owner or operator with a detailed written statement of reasons for the refusal,
and the owner or operator must modify the plan or submit a new plan for
approval within 30 days after receiving such written statement. If the
administrative authority modifies the plan, this modified plan becomes the
approved post-closure plan. The administrative authority must ensure that the
approved post-closure plan is consistent with LAC 33:V.4389-4395. A copy of the
modified plan with a detailed statement of reasons for the modifications must
be mailed to the owner or operator.
G. The post-closure plan and length of the
post-closure care period may be modified any time prior to the end of the
post-closure care period in either of the following two ways.
1. The owner or operator or any member of the
public may petition the administrative authority to extend or reduce the length
or alter the requirements of the post-closure care period applicable to a
hazardous waste management unit or facility based on cause.
a. The petition must include evidence
demonstrating that:
i. the secure nature of
the hazardous waste management unit or facility makes the post-closure care
requirement(s) unnecessary or supports reduction of the post-closure care
period specified in the current post-closure plan (e.g., leachate or
groundwater monitoring results, characteristics of the wastes, application of
advanced technology, or alternative disposal, treatment, or reuse techniques
indicate that the facility is secure); or
ii. the requested extension in the
post-closure care period or alteration of post-closure care requirements is
necessary to prevent threats to human health and the environment (e.g.,
leachate or groundwater monitoring results indicate a potential for migration
of hazardous wastes at levels which may be harmful to human health and the
environment).
b. A
petition will be considered by the administrative authority only when it
presents new and relevant information not previously considered by the
administrative authority. Whenever the administrative authority is considering
a petition, the administrative authority will provide the owner or operator and
the public, through a newspaper notice, the opportunity to submit written
comments within 30 days of the date of the notice. The administrative authority
will also, in response to a request or at the administrative authority's own
discretion, hold a public hearing whenever a hearing might clarify one or more
issues concerning the post-closure plan. The administrative authority will give
the public notice of the hearing at least 30 days before it occurs. (Public
notice of the hearing may be given at the same time as notice of the
opportunity for written public comments, and the two notices may be combined.)
After considering the comments, the administrative authority will issue a final
determination, based upon the criteria set forth in LAC
33:V.4391.G.1.
c. If the
administrative authority denies the petition, he will send the petitioner a
brief written response giving a reason for the denial.
2. The administrative authority may
tentatively decide to modify the post-closure plan if he or she decides that
modification is necessary to prevent threats to human health and the
environment. The administrative authority may propose to extend or reduce the
length of or alter the requirements of the post-closure care period applicable
to a hazardous waste management unit or facility based on cause or alter the
requirements of the post-closure care period based on cause.
a. The administrative authority will provide
the owner or operator and the affected public, through a newspaper notice, the
opportunity to submit written comments within 30 days of the date of the notice
and the opportunity for a public hearing as in LAC 33:V.4391.G.1. After
considering the comments, the administrative authority will issue a final
determination.
b. The
administrative authority will base his or her final determination upon the same
criteria required for petitions under LAC 33:V.4391.G.1.a. Where appropriate, a
modification of the post-closure plan may include the temporary suspension
rather than permanent deletion of one or more post-closure care requirements.
At the end of the specified period of suspension, the administrative authority
would then determine whether the requirement(s) should be permanently
discontinued or reinstated to prevent threats to human health and the
environment.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
