Current through Register Vol. 50, No. 9, September 20, 2024
A. A military munition is not a solid waste
when:
1. used for its intended purpose,
including:
a. use in training military
personnel or explosives and munitions emergency response specialists (including
training in proper destruction of unused propellant or other
munitions);
b. use in research,
development, testing, and evaluation of military munitions, weapons, or weapon
systems; or
c. recovery,
collection, and on-range destruction of unexploded ordnance and munitions
fragments during range clearance activities at active or inactive ranges.
However, "use for intended purpose" does not include the on-range disposal or
burial of unexploded ordnance and contaminants when the burial is not a result
of product use;
2. an
unused munition, or component thereof, is being repaired, reused, recycled,
reclaimed, disassembled, reconfigured, or otherwise subjected to materials
recovery activities, unless such activities involve use constituting disposal
as defined in LAC 33:V.109.Solid Waste, or burning for energy
recovery as defined in LAC 33:V.109.Solid Waste.
B. An unused military munition is a solid
waste when any of the following occurs:
1.
the munition is abandoned by being disposed of, burned, detonated (except
during intended use as specified in Subsection A of this Section), incinerated,
or treated prior to disposal;
2.
the munition is removed from storage in a military magazine or other storage
area for the purpose of being disposed of, burned, or incinerated, or treated
prior to disposal;
3. the munition
is deteriorated or damaged (e.g., the integrity of the munition is compromised
by cracks, leaks, or other damage) to the point that it cannot be put into
serviceable condition and cannot reasonably be recycled or used for other
purposes; or
4. the munition has
been declared a solid waste by an authorized military official.
C. A used or fired military
munition is a solid waste:
1. when transported
off range or from the site of use, where the site of use is not a range, for
the purposes of storage, reclamation, treatment, disposal, or treatment prior
to disposal; or
2. if recovered,
collected, and then disposed of by burial, or landfilling either on or off a
range.
D. For purposes
of RCRA Section 1004(27), a used or fired military munition is a solid waste
and, therefore, is potentially subject to RCRA corrective action authorities
under Sections 3004(u) and (v), and 3008(h) or imminent and substantial
endangerment authorities under Section 7003, if the munition lands off-range
and is not promptly rendered safe and/or retrieved. Any imminent and
substantial threats associated with any remaining material must be addressed.
If remedial action is infeasible, the operator of the range must maintain a
record of the event for as long as any threat remains. The record must include
the type of munition and its location (to the extent the location is
known).
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
