Current through Register Vol. 50, No. 9, September 20, 2024
A tank system or secondary containment system from which
there has been a leak or spill, or which is unfit for use, must be removed from
service immediately, and the owner or operator must satisfy the following
requirements.
A. Cessation of Use;
Prevent Flow or Addition of Wastes. The owner or operator must immediately stop
the flow of hazardous waste into the tank system or secondary containment
system and inspect the system to determine the cause of the release.
B. Removal of Waste from Tank System or
Secondary Containment System
1. If the release
was from the tank system, the owner or operator must, within 24 hours after
detection of the leak or, if the owner or operator demonstrates that it is not
possible, at the earliest practicable time remove as much of the waste as is
necessary to prevent further release of hazardous waste to the environment and
to allow inspection and repair of the tank system to be performed.
2. If the release was to a secondary
containment system, all released materials must be removed within 24 hours or
in as timely a manner as is possible to prevent harm to human health and the
environment.
C.
Containment of Visible Releases to the Environment. The owner or operator must
immediately conduct a visual inspection of the release and, based upon that
inspection:
1. prevent further migration of
the leak or spill to soils or surface water; and
2. remove, and properly dispose of, any
visible contamination of the soil or surface water.
D. Notification, Reports
1. Any release to the environment, except as
provided in LAC 33:V.4441.D.2, must be reported to the administrative authority
within 24 hours of detection. If the release has been reported pursuant to LAC
33:V.105.A, that report will satisfy this requirement.
2. A leak or spill of hazardous waste that
is:
a. less than or equal to a quantity of
one pound; and
b. immediately
contained and cleaned up is exempted from the requirements of this
Subsection.
3. Within 30
days of detection of a release to the environment, a report containing the
following information must be submitted to the administrative authority:
a. likely route of migration of the
release;
b. characteristics of the
surrounding soil (soil composition, geology, hydrogeology, climate);
c. results of any monitoring or sampling
conducted in connection with the release (if available). If sampling or
monitoring data relating to the release are not available within 30 days, these
dates must be submitted to the administrative authority as soon as they become
available;
d. proximity to
downgradient drinking water, surface water, and population areas; and
e. description of response actions taken or
planned.
E.
Provision of Secondary Containment, Repair, or Closure
1. Unless the owner or operator satisfies the
requirements of LAC 33:V.4441.E.2-4, the tank system must be closed in
accordance with LAC 33:V.4442.
2.
If the cause of the release was a spill that has not damaged the integrity of
the system, the owner/operator may return the system to service as soon as the
released waste is removed and repairs, if necessary, are made.
3. If the cause of the release was a leak
from the primary tank system into the secondary containment system, the system
must be repaired prior to returning the tank system to service.
4. If the source of the release was a leak to
the environment from a component of a tank system without secondary
containment, the owner/operator must provide the component of the system from
which the leak occurred with secondary containment that satisfies the
requirements of LAC 33:V.4437 before it can be returned to service, unless the
source of the leak is an aboveground portion of a tank system. If the source is
an aboveground component that can be inspected visually, the component must be
repaired and may be returned to service without secondary containment as long
as the requirements of LAC 33:V.4441.F are satisfied. If a component is
replaced to comply with the requirements of this Subsection, that component
must satisfy the requirements for new tank systems or components in LAC
33:V.4435 and 4437. Additionally, if a leak has occurred in any portion of a
tank system component that is not readily accessible for visual inspection
(e.g., the bottom of an inground or onground tank), the entire component must
be provided with secondary containment in accordance with LAC 33:V.4437 prior
to being returned to use.
F. Certification of Major Repairs. If the
owner or operator has repaired a tank system in accordance with Subsection E of
this Section, and the repair has been extensive (e.g., installation of an
internal liner; repair of a ruptured primary containment or secondary
containment vessel), the tank system must not be returned to service unless the
owner/operator has obtained a certification by an independent, qualified
professional engineer in accordance with LAC 33:V.513 that the repaired system
is capable of handling hazardous wastes without release for the intended life
of the system. This certification is to be placed in the operating record and
maintained until closure of the facility.
[NOTE: The administrative authority may, on the basis of
any information received that there is or has been a release of hazardous waste
or hazardous constituents into the environment, issue an order requiring
corrective action or such other response as deemed necessary to protect human
health or the environment.]
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
