reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 7 - Solid Waste Standards › Subchapter C - Minor Processing and Disposal Facilities › Section VII-723 - Standards Governing Composting Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Plans and Specifications
1. Facility plans, specifications, and
					 operations represented and described in the permit application or permit
					 modifications for all facilities shall be prepared under the supervision of and
					 certified by a professional engineer, licensed in the state of
					 Louisiana.
2. Levee Construction
a. Levees or other protective measures shall
					 be provided in order to protect the facility against a 100-year
					 flood.
b. The perimeter levees of
					 all facilities shall be engineered to minimize wind and water erosion and shall
					 have a grass cover or other protective cover to preserve structural
					 integrity.
3. Leachate
					 Management
a. Leachate produced in the
					 composting process shall be collected and treated or disposed of at a permitted
					 facility.
b. Leachate may also be
					 reused in the composting process as a source of moisture.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 7 - Solid Waste Standards › Subchapter C - Minor Processing and Disposal Facilities › Section VII-725 - Standards Governing Separation and Woodwaste Processing Facilities (Type III)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Plans and
					 Specifications
1. Facility plans,
					 specifications, and operations represented and described in the permit
					 application or permit modifications for all facilities shall be prepared under
					 the supervision of and certified by a professional engineer, licensed in the
					 state of Louisiana.
2. Levee
					 Construction
a. The perimeter levees of all
					 facilities shall be engineered to minimize wind and water erosion and shall
					 have a grass cover or other protective cover to preserve structural
					 integrity.
b. Levees or other
					 protective measures shall be provided in order to protect the facility against
					 a 100-year flood.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 8 - Standards Governing General Facility Geology, Subsurface Characterization, and Facility Groundwater Monitoring for Type I, I-A, II, II-A, and III Facilities [Formerly Section 709.C-E] › Section VII-801 - General Facility Geology

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  following standards regarding facility geology are applicable to all Type I,
				  Type I-A, Type II, Type II-A, and Type III facilities.
1. The subsurface soils and groundwater
				  conditions at facilities shall be characterized by a geologist, or a
				  professional engineer licensed in the state of Louisiana with expertise in
				  geotechnical engineering and hydrogeology. Both field boring logs and
				  laboratory results shall be included as part of the permit
				  application.
2. Except as provided
				  in Paragraph A.3 of this Section, facilities shall have natural soils of low
				  permeability for the area occupied by the solid waste facility, including
				  vehicle parking and turnaround areas, that shall provide a barrier to prevent
				  any penetration of surface spills into groundwater aquifers underlying the area
				  or to an underlying sand or other permeable stratum that would provide a
				  conduit to such aquifers.
3. A
				  design for surfacing natural soils that do not meet the requirement in
				  Paragraph A.2 of this Section shall be prepared and installed under the
				  supervision of a professional engineer, licensed in the state of Louisiana,
				  with expertise in geotechnical engineering and hydrogeology. Written
				  certification by the engineer that the surface satisfies the requirements of
				  Paragraph A.2 of this Section shall be provided.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 8 - Standards Governing General Facility Geology, Subsurface Characterization, and Facility Groundwater Monitoring for Type I, I-A, II, II-A, and III Facilities [Formerly Section 709.C-E] › Section VII-803 - Subsurface Characterization

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Boring Requirements
1. Boring Requirements
				  Applicable to Type I, II, and III Facilities
a. Borings shall be installed and plugged and
				  abandoned in accordance with the standards in this Chapter, as well as the
				  guidelines established in the latest versions of the LDEQ's and Louisiana
				  Department of Transportation and Development's (LDOTD's)
Construction
				  of Geotechnical Boreholes and Groundwater Monitoring Systems Handbook
and the LDOTD's Water Well Rules, Regulations, and Standards in LAC 56. The
				  administrative authority may approve other forms of geological investigation
				  for Type III facilities, such as hand-augered borings, test pits, excavations,
				  etc., provided that subsurface conditions are characterized by an individual
				  who meets the requirements in LAC 33:VII.801.A, and any holes, test pits, etc.,
				  are properly plugged and abandoned.
b. Boring logs shall be submitted for each
				  borehole, including boreholes for monitoring wells and piezometers, and shall
				  include information for boring logs established in the latest versions of the
				  LDEQ's and LDOTD's
Construction of Geotechnical Boreholes and
				  Groundwater Monitoring Systems Handbook
and the LDOTD's Water Well
				  Rules, Regulations, and Standards in LAC 56, including the ground surface
				  elevation with respect to NGVD, lithology and the intervals that were cored
				  continuously, and the depth of first encountered groundwater.
c. If the ground surface elevation has
				  changed in any permitted area due to construction or other activities at the
				  facility, than the affected borings shall be re-surveyed to reflect the current
				  ground surface elevation.
d. A
				  plan-view map shall be provided that shows existing topographic contours and
				  locations of all borings, monitoring wells, and piezometers with respect to the
				  facility.
e. A detailed plan-view
				  drawing shall be provided that shows the proposed elevations of the base of
				  units prior to installation of the liner system and boring locations.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 8 - Standards Governing General Facility Geology, Subsurface Characterization, and Facility Groundwater Monitoring for Type I, I-A, II, II-A, and III Facilities [Formerly Section 709.C-E] › Section VII-805 - Facility Groundwater Monitoring

Current through Register Vol. 50, No. 6, June 20, 2024
A. Groundwater Monitoring System. The
				  following facility groundwater monitoring standards are applicable to all Type
				  I and Type II facilities.
1. At each
				  facility, a groundwater-monitoring system shall be installed that consists of a
				  sufficient number of wells, installed at appropriate locations and depths, in
				  accordance with Paragraph A.2 of this Section, to yield groundwater samples
				  from the uppermost aquifer, and from the uppermost water-bearing permeable
				  zone(s), to yield sufficient quantities of water for sampling that:
a. represent the quality of the background
				  groundwater that has not been affected by leakage from a unit; and
b. represent the quality of groundwater
				  passing the relevant point of compliance. For the purposes of these
				  regulations, the
relevant point of compliance
is the vertical
				  surface that is located no more than 150 meters downgradient from the unit
				  being monitored and extends down into the uppermost aquifer underlying the
				  facility and any other permeable zones being monitored. The distance may be
				  reduced by the administrative authority. The relevant point of compliance shall
				  be on property owned or controlled by the permit holder and shall be selected
				  based on at least the following factors:
i.
				  hydrological characteristics of the facility and the surrounding
				  land;
ii. volume and physical and
				  chemical characteristics of the leachate;
iii. quantity, quality, and direction of flow
				  of groundwater;
iv. proximity and
				  withdrawal rate of the groundwater users;
v. availability of alternative drinking water
				  supplies;
vi. existing quality of
				  the groundwater, including other sources of contamination and their cumulative
				  impacts on the groundwater, and whether the groundwater is currently used or
				  reasonably expected to be used for drinking water; and
vii. public health, safety, and welfare
				  effects.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 9 - Enforcement › Section VII-901 - Failure to Comply

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure of
				  any person to comply with any of the provisions of these regulations or of the
				  terms and conditions of any permit granted or order issued hereunder
				  constitutes a violation of the Act.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 9 - Enforcement › Section VII-903 - Investigations: Purposes, Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Investigations shall be undertaken to determine whether a violation has
				  occurred or is about to occur, the scope and nature of the violation, and the
				  persons or parties involved. The results of an investigation shall be given to
				  any complainant who provided the information prompting the investigation, upon
				  written request and, if advisable, to the person under investigation, if the
				  identity of such person is known.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 9 - Enforcement › Section VII-905 - Development of Facts, Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  administrative authority may conduct inquiries and develop facts in
				  investigations by staff investigatory procedures or formal investigations and
				  may conduct inspections and examinations of facilities and records. The
				  administrative authority or his presiding officer may hold public hearings
				  and/or issue subpoenas pursuant to
				  R.S.
				  30:2025(I) and require
				  attendance of witnesses and production of documents, or may take such other
				  action as may be necessary and authorized by the Act or rules promulgated by
				  the administrative authority. At the conclusion of the investigation, all facts
				  and information concerning any alleged violation that have been developed shall
				  be compiled by the staff of the department. A report of the investigation shall
				  be presented to the administrative authority for use in possible enforcement
				  proceedings. Any complainant who provided the information prompting the
				  investigation shall be notified of its results.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 9 - Enforcement › Section VII-907 - Enforcement Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the
				  administrative authority determines that a violation of the Act or these
				  regulations or the terms and conditions of any permit issued hereunder has
				  occurred or is about to occur, he shall initiate one or more of the actions set
				  forth in
				  R.S.
				  30:2025, or as otherwise provided by
				  appropriate rules.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 9 - Enforcement › Section VII-909 - Closing Unauthorized and Promiscuous Dumps

Current through Register Vol. 50, No. 6, June 20, 2024
A. The administrative authority shall require
				  closure of unauthorized dumps either by removal of the waste to an approved
				  solid waste facility or by completing on-site closure requirements. The method
				  of closure must be approved by the administrative authority prior to
				  closure.
B. After an unauthorized
				  dump is discovered, the administrative authority may issue an enforcement
				  action with a closure directive to the owner/operator. Directives issued for
				  unauthorized dumps shall require closure of the unauthorized dump in accordance
				  with the procedures in this Section.
C. Requirements for on-site closure are as
				  follows.
1. If required, or authorized and
				  approved, by the administrative authority, closure shall be conducted in
				  accordance with LAC 33:I.Chapter 13. However, the requirements of Subparagraph
				  C.2.g of this Section shall apply. If closure in accordance with LAC
				  33:I.Chapter 13 results in constituent-of-concern levels remaining above those
				  allowed for residential scenarios, the requirements of Subparagraph C.2.f of
				  this Section shall also apply.
2.
				  If closure will not be conducted in accordance with Paragraph C.1 of this
				  Section, then approval or authorization may be granted by the administrative
				  authority for the following alternative closure requirements:
a. extinguish all fires;
b. dewater and either solidify waste for
				  return to the landfill or discharge it as governed by a NPDES/LPDES permit, if
				  applicable;
c. implement a disease
				  vector extermination program, if applicable;
d. compact the waste with suitable
				  equipment;
e. provide a final cover
				  consisting of a minimum of 24 inches of silty clays and 6 inches of topsoil
				  cover for supporting vegetative growth, and revegetate the area to control
				  erosion if necessary;
f. record in
				  the parish mortgage and conveyance records a document describing the specific
				  location of the facility and specifying that the property was used for the
				  disposal of solid waste. The document shall identify the name of the person
				  with knowledge of the contents of the facility, as well as providing the
				  chemical levels remaining, if present. A true copy of the document, filed and
				  certified by the parish clerk of court, shall be sent to the Office of
				  Environmental Compliance; and
g.
				  conduct long-term monitoring in accordance with Subsection E of this Section,
				  if deemed necessary by the administrative authority.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 11 - Solid Waste Beneficial Use and Soil Reuse › Section VII-1101 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Solid waste
				  beneficial use and soil reuse options apply to all solid waste generators.
				  Solid waste beneficial use is available to solid waste streams that are
				  typically disposed of in a solid waste disposal facility and that meet certain
				  requirements as described in this Chapter.
B. Sewage sludge (including domestic septage)
				  shall be generated, treated, processed, composted, blended, mixed, prepared,
				  transported, used, or disposed of in accordance with LAC 33:IX.Chapter
				  73.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 11 - Solid Waste Beneficial Use and Soil Reuse › Section VII-1103 - On-Site Soil Reuse Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Soil that is to be reused on-site is exempt from these regulations provided the
				  level of contaminants in the soil is at or below the pertinent RECAP standards
				  developed by the department in accordance with LAC 33:I.Chapter 13, as
				  applicable to surface soil meeting the
non-industrial
standards in the RECAP document. This Section is limited to
in
				  situ
contaminated soil and does not include sludges and sediments from
				  regulated solid waste units. Any person claiming this exemption shall have
				  records clearly documenting the particular soils reused on-site pursuant to the
				  exemption, including, for example, soil source, soil quantities, and site
				  locations where the soil was reused.
B. Soil that is not exempt under Subsection A
				  of this Section and that is to be reused on-site at an
industrial/commercial
property, as that term is defined in the
				  RECAP document, is exempt from these regulations, provided that:
1. the level of contaminants in the soil is
				  at or below the pertinent RECAP standards developed by the department in
				  accordance with LAC 33:I.Chapter 13, as applicable to surface soil located in
				  an area meeting the
industrial
standards (MO-1 or MO-2) in the
				  RECAP document;
2. the owner or
				  operator of the property notifies the Office of Environmental Services, in
				  writing, of his intent to reuse soil on-site, and attaches the following to the
				  notification:
a. a characterization of the
				  soil in question;
b. a description
				  of the property in question;
c. a
				  description of the proposed uses of the soil on-site (e.g., levee construction,
				  road bed construction, construction fill, daily cover in a regulated facility,
				  etc.); and
d. an on-site soil reuse
				  plan regarding the reuse of the soil in question, which shall address at least
				  the following:
i. procedures for storage of
				  the soil pending reuse;
ii.
				  procedures for handling, transportation, and application of the soil
				  on-site;
iii. procedures for
				  recordkeeping; and
iv. any other
				  procedures required for the protection of human health and the environment
				  (e.g., security, restricted site access, institutional controls, control of
				  storm water runoff, etc.); and
3. the administrative authority notifies the
				  owner/operator of the facility upon the approval of the on-site soil reuse
				  plan.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 13 - Financial Assurance for All Processors and Disposers of Solid Waste › Section VII-1305 - Financial Responsibility for Corrective Action for Type II Landfills

Current through Register Vol. 50, No. 6, June 20, 2024
A. A permit holder
				  of a Type II landfill required to undertake a corrective action program under
				  LAC 33:VII.805 must provide to the Office of Environmental Services a detailed
				  written estimate, in current dollars, of the cost of hiring a third party to
				  perform the corrective action in accordance with the program required under LAC
				  33:VII.805. The corrective action cost estimate must account for the total
				  costs of corrective action activities as described in the corrective action
				  plan for the entire corrective action period.
1. The permit holder must provide an annual
				  adjustment of the estimate for inflation to the Office of Environmental
				  Services until the corrective action program is completed in accordance with
				  LAC 33:VII.805.
2. The permit
				  holder must provide an increased corrective action cost estimate to the Office
				  of Environmental Services and the amount of financial assurance provided under
				  Subsection B of this Section if changes in the corrective action program or
				  landfill conditions increase the maximum costs of corrective action.
3. Subject to approval of the administrative
				  authority, the permit holder shall provide a reduced corrective action cost
				  estimate to the Office of Environmental Services and the amount of financial
				  assurance provided under Subsection B of this Section if the cost estimate
				  exceeds the maximum remaining costs of corrective action. The permit holder
				  must provide the Office of Environmental Services justification for the
				  reduction of the corrective action cost estimate and the revised amount of
				  financial assurance.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 13 - Financial Assurance for All Processors and Disposers of Solid Waste › Section VII-1307 - Incapacity of Permit Holders, Applicants, or Financial Institutions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A permit holder
				  or applicant shall notify the Office of Environmental Services by certified
				  mail of the commencement of a voluntary or involuntary proceeding under Title
				  11 (Bankruptcy), U.S. Code, naming the permit holder or applicant as debtor,
				  within 10 days after commencement of the proceeding. A guarantor of a corporate
				  guarantee as specified in LAC 33:VII.1303.H.9 shall make such a notification if
				  he is named as debtor, as required under the terms of the corporate guarantee
				  (see LAC 33:VII.1399.Appendix J).
B. A permit holder or applicant who fulfills
				  the requirements of LAC 33:VII.1303 or 1305 by obtaining a trust fund,
				  financial guarantee bond, performance bond, letter of credit, or insurance
				  policy will be deemed to be without the required financial assurance in the
				  event of bankruptcy of the trustee or issuing institution, or a suspension or
				  revocation of the authority of the trustee institution to act as trustee or of
				  the institution issuing the financial guarantee bond, performance bond, letter
				  of credit, or insurance policy to issue such instruments. The permit holder or
				  applicant shall establish other financial assurance within 60 days after such
				  an event.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular
					 R.S.
					 30:2154.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 13 - Financial Assurance for All Processors and Disposers of Solid Waste › Section VII-1399 - Financial Documents - Appendices A, B, C, D, E, F, G, H, I, and J [Formerly within section 727]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Reserved.
B. Reserved.
C. Reserved
D.Appendix D
SOLID WASTE FACILITY
TRUST AGREEMENT/STANDBY TRUST AGREEMENT
[Facility name, agency interest number, and permit
					 number]
This Trust Agreement, the "Agreement," is entered into as
					 of [date] by and between [name of permit holder or applicant], a [name of
					 state] [insert "corporation," "partnership," "association," or
					 "proprietorship"], the "Grantor," and [name of corporate trustee], [insert
					 "incorporated in the state of" or "a national bank" or "a state bank"], the
					 "Trustee."
WHEREAS, the Department of Environmental Quality of the
					 State of Louisiana, an agency of the state of Louisiana, has established
					 certain regulations applicable to the Grantor, requiring that a permit holder
					 or applicant for a permit of a solid waste processing or disposal facility
					 shall provide assurance that funds will be available when needed for [closure
					 and/or post-closure] care of the facility;
WHEREAS, the Grantor has elected to establish a trust to
					 provide all or part of such financial assurance for the facility identified
					 herein;
WHEREAS, the Grantor, acting through its duly authorized
					 officers, has selected [the Trustee] to be the trustee under this Agreement,
					 and [the Trustee] is willing to act as trustee.
NOW, THEREFORE, the Grantor and the Trustee agree as
					 follows:
SECTION 1. DEFINITIONS
As used in this Agreement:
(a). The term Grantor means the permit holder
				  or applicant who enters into this Agreement and any successors or assigns of
				  the Grantor.
(b). The term Trustee
				  means the Trustee who enters into this Agreement and any successor
				  trustee.
(c). The term Secretary
				  means the Secretary of the Louisiana Department of Environmental
				  Quality.
(d). The term
				  Administrative Authority means the Secretary or his designee or the appropriate
				  assistant secretary or his designee.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 14 - Statewide Beautification [Formerly Chapter 13] › Section VII-1401 - Purpose [Formerly section 1301]

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is declared to be the purpose of these
				  rules and regulations to:
1. control and
				  reduce litter; and
2. create a
				  statewide beautification program to enhance the tourist, recreational, and
				  economic development of the state.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 14 - Statewide Beautification [Formerly Chapter 13] › Section VII-1403 - Definitions [Formerly section 1303]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following words, terms, and phrases,
				  when used in conjunction with LAC 33:VII.Subpart 1, shall have the meanings
				  ascribed to them in this Chapter, except where the context clearly indicates a
				  different meaning.
Commission
- the Louisiana Litter
					 Reduction and Public Action Commission.
Dump
- to throw, discard, place, deposit,
					 discharge, burn, dump, drop, eject, or allow the escape of a substance.
Litter
- all waste material, except as
					 provided and defined in
					 R.S.
					 30:2173(2), including but
					 not limited to, disposable packages, containers, sand, gravel, rubbish, cans,
					 bottles, refuse, garbage, trash, debris, dead animals, furniture or appliances,
					 automotive parts including, but not limited to, tires and engines, trailers,
					 boats and boating accessories, tools and equipment, and building materials, or
					 other discarded materials of any kind and description.
Litter
shall not include agricultural products that are being transported from the
					 harvest or collection site to a processing or market site if reasonable
					 measures are taken to prevent the agricultural product from leaving the
					 transporting vehicle.
Litter
shall also not include recyclable
					 cardboard being transported in compressed bundles to processing facilities.
Agricultural product
, as used in this definition, means all
					 crops, livestock, poultry, and forestry; and all aquacultural, floracultural,
					 horticultural, silvicultural, and viticultural products.
Local Governing Authority
- the governing
					 authority of the parish or the governing authority of the municipality in which
					 the littering offense was committed.
Public or Private Property
- the
					 right-of-way of any road or highway, levee, any body of water or watercourse or
					 the shores or beaches thereof, any park, playground, building, refuge, or
					 conservation or recreation area, and residential or farm properties,
					 timberland, or forests.
AUTHORITY NOTE:
					 Promulgated in accordance with R. S. 30:2522 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 14 - Statewide Beautification [Formerly Chapter 13] › Section VII-1405 - Louisiana Litter Abatement Program [Formerly section 1305]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  the Louisiana Litter Abatement Program shall be to support the community-based
				  litter abatement programs.
B.
				  Program Award
1. Program awards shall be made
				  available to local governments and nonprofit organizations.
2. Funding through the program shall be
				  subject to the availability of funds.
3. All requests for awards shall be made in
				  writing, on a form provided by the department, to the Office of Environmental
				  Services.
4. The monies awarded
				  through the award shall be used to further the administration and execution of
				  the Keep Louisiana Beautiful Program. Allowable uses of award funding shall
				  include, but not be limited to:
a. Keep
				  America Beautiful fees;
b. Keep
				  America Beautiful precertification training, education curriculums, and
				  workshops;
c. law enforcement
				  seminars;
d. litter
				  surveys;
e. projects, services,
				  activities, and operational costs of litter abatement programs;
f. materials and services for program
				  development and training;
g. direct
				  expenditures for materials that can facilitate litter reduction, recycling,
				  waste reduction, reuse, and general solid waste management programs;
h. minimal advertising, public relations, and
				  promotional materials necessary for publicity and promotion of program
				  activities; and
i. the salary of
				  the program coordinator.
5. Each successful applicant shall supplement
				  award funds with a 25 percent match from other sources. All matching funds must
				  be available to the program after the date of the program award, and funds
				  spent prior to the program award shall not be considered eligible in fulfilling
				  the match requirement.
6. Awards
				  shall be awarded based on a comparative basis as determined by the Office of
				  Environmental Services.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 15 - Solid Waste Fees › Section VII-1501 - Standard Permit Application Review Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants for type I, I-A, II, and II-A
				  standard permits shall pay a $6,125 permit application review fee for each
				  facility. The fee shall accompany each permit application submitted.
B. Applicants for type III standard permits
				  or beneficial-use plans shall pay a permit application review fee of $1,325 for
				  each facility. The fee shall accompany each permit application
				  submitted.
C. Permit holders
				  providing permit modifications for type I, I-A, II, and II-A facilities shall
				  pay a $2,650 permitmodification review fee. The fee shall accompany each
				  modification submitted. Permit holders providing mandatory modifications in
				  response to these regulations shall pay a $825 permit-modification fee. The fee
				  shall accompany each mandatory modification submitted. Permit modifications
				  required by LAC 33:VII.805.A will not be subject to a permit modification
				  fee.
D. Permit holders providing
				  permit modifications for type III facilities or beneficial use facilities shall
				  pay a $813 modification review fee. The fee shall accompany each modification
				  submitted.
E. The administrative
				  authority may waive fees for modifications that are:
1. initiated by the administrative authority;
				  or
2. submitted as a result of a
				  permit condition that requires submittal of a modification request.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 15 - Solid Waste Fees › Section VII-1503 - Closure Plan Review Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicants for type I, I-A, II, and II-A closures shall pay a $1,650
				  closure-plan review fee. The fee shall accompany each closure plan
				  submitted.
B. Applicants for type
				  III or beneficial-use facilities closures shall pay a $413 closure-plan review
				  fee. The fee shall accompany each closure plan submitted.
C. Permit holders providing closure-plan
				  modifications for type I, I-A, II, and II-A facilities shall pay a $825
				  closure-plan modification review fee. The fee shall accompany each modification
				  submitted.
D. Permit holders
				  providing closure-plan modifications for type III or beneficial-use facilities
				  shall pay a $207 closure-plan modification review fee. The fee shall accompany
				  each modification submitted.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular
					 R.S.
					 30:2154.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 15 - Solid Waste Fees › Section VII-1505 - Annual Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Transporters.
				  All transporters of solid waste shall pay a fee of $250 per year to the
				  department. There will be only one fee regardless of the number of vehicles in
				  the service of the transporter.
B.
				  All holders of permits for solid waste processing and/or disposal facilities
				  that have not completed closure, including post-closure activities, in
				  accordance with an approved plan, shall be charged an annual monitoring and
				  maintenance fee and an annual tonnage fee for each permit. Annual monitoring
				  and maintenance fees shall be charged for each permitted waste type.
1. Annual monitoring and maintenance fees are
				  as follows:
a. $9,900 for type I facilities
				  (including facilities that handle both industrial and non-industrial
				  waste);
b. $2,475 for type II
				  facilities; and
c. $825 for type
				  I-A, II-A, III, and beneficial-use facilities.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 15 - Solid Waste Fees › Section VII-1507 - Methods of Payment

Current through Register Vol. 50, No. 6, June 20, 2024
A. All payments
				  made by check, draft, or money order shall be made payable to the Louisiana
				  Department of Environmental Quality, and mailed to the department at the
				  address provided on the invoice.
B.
				  Electronic Methods of Payment
1. Persons
				  wishing to make payments using the electronic pay method should access the
				  departments website and follow the instructions provided on the
				  website.
2. Persons wishing to make
				  payments using the electronic funds transfer (EFT) method shall contact the
				  Office of Management and Finance for further instructions.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 15 - Solid Waste Fees › Section VII-1509 - Late Payment Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Payments not
				  received within 15 days of the due date will be charged a late payment
				  fee.
B. Any late payment fee shall
				  be calculated from the due date indicated on the invoice.
C. Payments not received by the department by
				  the:
1. fifteenth day from the due date will
				  be assessed a 5 percent late payment fee on the original assessed
				  fee;
2. thirtieth day from the due
				  date will be assessed an additional 5 percent late payment fee on the original
				  assessed fee; and
3. sixtieth day
				  from the due date will be assessed an additional 5 percent late payment fee on
				  the original assessed fee.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 15 - Solid Waste Fees › Section VII-1511 - Failure to Pay

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure to pay
				  the prescribed application fee or annual fee as provided herein, within 90 days
				  after the due date, will constitute a violation of these regulations and shall
				  subject the person to applicable enforcement actions under the Louisiana
				  Environmental Quality Act including, but not limited to, revocation or
				  suspension of the applicable permit, license, registration, or
				  variance.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular
					 R.S.
					 30:2154, and
					 R.S.
					 49:316.1(A)(2)(a) and
					 (c).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 30 - Appendices › Section VII-3001 - Public Notice Example- Appendix A

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The following is an example of a public notice to be placed in the local
				  newspaper for intention to submit a permit application to the Office of
				  Environmental Services for existing/proposed solid waste facilities.
PUBLIC NOTICE
OF
INTENT TO SUBMIT PERMIT APPLICATION
[NAME OF APPLICANT/FACILITY]
FACILITY [location], PARISH [location],
LOUISIANA
Notice is hereby given that [name of applicant] does
					 intend to submit to the Department of Environmental Quality, Office of
					 Environmental Services, [insert division name], an application for a permit to
					 operate a [type of solid waste facility] in [parish name], Range__, Township__,
					 Section__, which is approximately [identify the physical location of the site
					 by direction and distance from the nearest town].
Comments concerning the facility may be filed with the
					 secretary of the Louisiana Department of Environmental Quality at the following
					 address:
Louisiana Department of Environmental Quality
Office of Environmental Services
[insert division name]
Post Office Box 4313
Baton Rouge, Louisiana 70821-4313
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 30 - Appendices › Section VII-3003 - Public Notice Example-Appendix B

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The following is an example of a public notice to be placed in the local
				  newspaper after submittal of a permit application to the Office of
				  Environmental Services for existing/proposed solid waste facilities.
PUBLIC NOTICE
OF
SUBMITTAL OF PERMIT APPLICATION
[NAME OF APPLICANT/FACILITY]
FACILITY [location], PARISH [location], LOUISIANA
Notice is hereby given that [name of applicant] submitted
					 to the Department of Environmental Quality, Office of Environmental Services,
					 [insert division name] an application for a permit to operate a [type of solid
					 waste facility] in [parish name], Range__, Township__, Section__, which is
					 approximately [identify the physical location of the site by direction and
					 distance from the nearest town].
Comments concerning the facility may be filed with the
					 Secretary of the Louisiana Department of Environmental Quality at the following
					 address:
Louisiana Department of Environmental Quality
Office of Environmental Services
[insert division name]
Post Office Box 4313
Baton Rouge, Louisiana 70821-4313
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular
					 R.S.
					 30:2154.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 30 - Appendices › Section VII-3009 - Vector Attraction Reduction- Appendix E

Current through Register Vol. 50, No. 6, June 20, 2024
Vector Attraction Reduction
A. When final compost is applied to a lawn or
				  home garden, follow one of the requirements from Paragraphs C.1-3 listed
				  below.
B. When final compost is
				  applied to agricultural land, forest, a public contact site, or a reclamation
				  site, follow one of the requirements from Paragraphs C.1-4 listed
				  below.
C. Vector Attraction
				  Reduction Requirements
1. The specific oxygen
				  uptake rate (SOUR) for final compost treated in an aerobic process shall be
				  equal to or less than 1.5 milligrams of oxygen per hour per gram of total
				  solids (dry weight basis) at a temperature of 20°C.
2. Final compost shall be treated in an
				  aerobic process for 14 days or longer. During that time, the temperature of the
				  composting material shall be higher than 40°C and the average temperature
				  of the composting material shall be higher than 45°C.
3. The pH of composting material shall be
				  raised to 12 or higher by alkali addition and, without the addition of more
				  alkali, shall remain at 12 or higher for two hours and then at 11.5 or higher
				  for an additional 22 hours.
4.
				  Final compost applied to the land surface shall be incorporated into the soil
				  within six hours after application to the land, unless otherwise specified by
				  the permitting authority. When final compost incorporated into the soil meets
				  the conditions described in LAC 33:VII.3009.Appendix E.1, the final compost
				  shall be applied to the land within eight hours after being discharged from the
				  pathogen treatment process.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 30 - Appendices › Section VII-3011 - Document to be Filed in the Parish Records upon Final Closure of a Solid Waste Disposal Facility- Appendix F

Current through Register Vol. 50, No. 6, June 20, 2024
Document to be Filed in the Parish Records upon
					 Final Closure of a Solid Waste Disposal Facility
[Name of permit holder] hereby notifies the public that
					 the following described property was used for the disposal of solid waste. This
					 site was closed on [date facility was closed] in accordance with the
Louisiana Administrative Code
, Title 33, Part VII. Inquiries
					 regarding the contents of [the facility] may be directed to [name of person
					 with knowledge of the contents of the facility] at [address of person with
					 knowledge of the contents of the facility].
Property Description
[Provide the specific description of the location of the
					 facility]
_________________________________
Signature of Person Filing Parish Record
_________________________________
Typed Name and Title of Person Filing Parish Record
_________________________________
Date
(A true copy of the document must be certified by the
					 parish clerk of court.)
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 30 - Appendices › Section VII-3015 - Examples of Agricultural Wastes That May Be Managed under Approved Best Management Practice Plans- Appendix H

Current through Register Vol. 50, No. 6, June 20, 2024
Examples of Agricultural Wastes That May Be Managed
					 under Approved Best Management Practice Plans
1. Sugar mill bagasse ash
2. Bagasse
3. Filter press mud from sugar
				  mills
4. Chicken litter
5. Dead poultry carcasses
6. Rice hulls
7. Rice hull ash
8. Shells from crawfish and shellfish
				  processing
9. Vegetable peels and
				  waste from packing and processing
10. Cotton gin trash
11. Livestock and poultry litter, bedding,
				  and composted livestock and poultry carcasses
12. Waste and wastewater from livestock,
				  poultry, and fisheries packing and processing
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 30 - Appendices › Section VII-3017 - LPPA-LDEQ Work Group Agreement- Appendix I

Current through Register Vol. 50, No. 6, June 20, 2024
LPPA-LDEQ Work Group Agreement
The Louisiana Pulp and Paper Association-Louisiana
					 Department of Environmental Quality Solid Waste Beneficial Use Work Group
					 (LPPA-LDEQ Work Group) established an agreement in May 1997 regarding the
					 applicability of the Louisiana Solid Waste Regulations (LSWR) to a variety of
					 materials produced by the pulp and paper industry. During these meetings, a
					 number of preliminary agreements regarding the regulatory applicability of the
					 LSWR to certain categories of materials were reached.
1. Group 1 materials are those that are to be
				  used or reused as either:
a. ingredients, raw
				  materials, or feedstocks in industrial processes to make products; or
b. effective substitutes for commercial
				  products, provided that such uses do not involve application to the land.
The LPPA-LDEQ Work Group agreed that the Group 1
					 materials, when employed for these uses, are not being discarded and, thus, are
					 not subject to the generator, transporter, or permitting requirements of the
					 LSWR. A listing of the Group 1 materials and their uses are provided in Table 1
					 of this Appendix.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 103 - Recycling and Waste Reduction Rules › Section VII-10301 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
It is declared to be the purpose of these rules and
					 regulations to:
A. establish a goal of
				  reducing the amount of solid waste being disposed of in the state by 25 percent
				  by December 31, 1992;
B. encourage
				  the development of solid waste reduction and recycling as a management
				  procedure at all solid waste facilities in the state and to promote recovery of
				  recyclable materials so as to preserve and enhance the quality of air, water,
				  and land resources of or in Louisiana;
C. encourage the development of the state's
				  recycling industry, thereby conserving the natural resources and energy through
				  reuse;
D. encourage state agencies
				  to procure recycled goods to the extent possible;
E. encourage political subdivisions in the
				  state to explore and develop the recycling programs most advantageous to
				  each;
F. develop and implement
				  effective public education programs concerning recycling in order to encourage
				  recycling so as to preserve and enhance the natural beauty of the land, water,
				  and air of or in the state.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:2411-2422.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 103 - Recycling and Waste Reduction Rules › Section VII-10305 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
The following wastes or activities are exempt from the
					 requirements of this Chapter:
A.
				  recovered materials, if a majority of the recovered materials at a facility is
				  demonstrated to be sold, used, or reused in a manner satisfactory to the
				  department within 12 months of their receipt by the facility;
B. recovered materials, or the products or
				  by-products of operations that process recovered materials, which are not
				  discharged, deposited, injected, dumped, spilled, leaked, or placed into or
				  upon any land or water surface so that such products or by-products or any
				  constituent thereof may enter lands or be emitted into the air or discharged
				  into the waters, including groundwater, or otherwise enter the environment or
				  pose a threat to public health and safety or the environment;
C. recovered materials which are hazardous
				  wastes and have not been recovered from solid waste and which are defined as
				  hazardous wastes under applicable state or federal regulations; and
D. those wastes exempt under the Louisiana
				  Solid Waste Management and Resource Recovery Law and the Louisiana Solid Waste
				  Rules and Regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:2411-2422.