Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 4 - Requirements for Commercial Treatment, Storage, and Disposal Facility Permits › Section V-405 - Requirements for Commercial TSD Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Secretary's Site Assessment and Report
1. The secretary shall assess the impact of
				  the location of a commercial hazardous waste treatment, storage, or disposal
				  facility on the citizens of the surrounding area, the local infrastructure, and
				  the environment. The secretary shall issue a site assessment report summarizing
				  his findings.
2. The site
				  assessment shall be based upon information in the record including, but not
				  limited to, information required by the regulations to be submitted by the
				  permit applicant. Information regarding the topics listed under "Information
				  Required" in Table 1 identifies and summarizes appropriate information for the
				  site assessment. The "Regulatory Citation" section of the table identifies some
				  of the regulatory requirements to submit information in the Part II hazardous
				  waste permit application.
3. In
				  addition to all other requirements, the permit applicant shall submit a
				  stand-alone document entitled "Commercial Siting Assessment Report," certified
				  in accordance with LAC 33:V.513, that addresses the siting and location issues.
				  In addition to the information otherwise required by the regulations to be
				  submitted as part of the permit application, the applicant's report shall
				  provide sufficient information to address the topics in Table 1. The applicant
				  shall expand these issues or elaborate its response as may be appropriate for
				  some types of TSD facilities. If at any time during the application review
				  process the "Commercial Siting Assessment Report" portion of the application is
				  found, by the department, to contain technical deficiencies, the permit
				  applicant shall submit an updated version of the report.
Table 1
Statutory Requirements
Item
Statutory Citation
[All found in
R.S.
								30:2178]
Information Required
Regulatory Citation
[All found in
LAC 33:V]
11
A
Roads and Transportation
§
																	517 K0
§
																	517. T.6.e
§
																	1503. C 10
§ 1513
21
A
Schools
§
																	517. B.5
§
																	517. T.6.a
31
A
Medical Institutions
§
																	517. B.5
§
																	1503. C.2
§ 1513
41
A
Police and Fire Departments
§
																	1503. C.2
§ 1513
52
B.(2)(a)(i)
Wetlands
§
																	517. T.5.a
§
																	1503. B.6
62
B.(2)(a)(ii)
Wildlife Management Area or Wildlife Preserve
§
																	517. T.5.a
§
																	1503. B.6
§
																	3307. B.1.h
§
																	3307. B.2.i
72
B.(2)(a)(iii)
Aquifer Recharge Zone
§
																	3307. B.2
82
B.(2)(b)(i)
Schools or Day Care Centers
§
																	517. B.5
§
																	517. T.6.a
92
B.(2)(b)(ii)
Hospitals or Nursing Homes
§
																	517. B.5
§
																	517. T.6.a
102
B.(2)(b)(iii)
Food Storage Area
§
																	517. B.5
§
																	2703. I
§ 2709
§
																	3203. A.9
112
B.(2)(b)(iv)
Public Buildings or Entertainment Facilities
§
																	517. B.5
122
B.(2)(b)(v)
Residential Area
§
																	517. B.5
§
																	517. T.6.a
132
B.(2)(b)(vi)
Prisons
§
																	517. B.5
§
																	517. T.6.a
142,3
B.(2)(b)(vii)
Number and Density of Existing Hazardous and Solid
								Waste Disposal Facilities and Inactive and Abandoned Hazardous Waste Sites
§
																	515. A 15
152,3
B.(2)(b)(viii)
Number and Density of Industries that Discharge
								Any Hazardous Substances
§
																	515. A 15
164
B.(2)(b)(ix)
Existing Community Health Problem
§
																	3203. A.8
§
																	3203. B 10
§
																	3203. C.6
175
B.(2)(c)
Impact on Economic Development
§
																	517. T.6.c
1Items 1-4 denote issues that
					 may also be addressed through the local governmental subdivision Infrastructure
					 Assessment Report.
2The applicant's responses to
					 Items 5-15 must include an aerial photograph clearly identifying all required
					 information as of the date of the submittal. The aerial photograph must extend
					 2 miles beyond the property line at a scale of 2.5 centimeters (1 inch) equal
					 to not more than 61.0 meters (200 feet). The photograph date, scale, and
					 orientation (north arrow) must be clearly identified on it.
3The applicant's responses to
					 Items 14-15 must include, at a minimum, name, address, facility type (e.g.,
					 hazardous waste disposal facility, solid waste disposal facility, inactive and
					 abandoned waste site, industrial code), waste/substance descriptions, type(s)
					 of discharge permit(s), source of information, and documentation of the extent
					 of the applicant's efforts to identify such facilities. Applicant must also
					 discuss density of existing facilities in the 2-mile area and make comparisons
					 as appropriate.
4The applicant's response to
					 Item 16 must be answered in sufficient detail to assist the department in
					 making a site assessment determination. The applicant must identify any
					 existing community health problems that may be aggravated by the operation of a
					 commercial hazardous waste disposal facility and include documentation of the
					 extent of the applicant's efforts to identify such problems.
5The applicant's response to
					 Item 17 must identify all potential positive and negative impacts on economic
					 development and include documentation of the extent of the applicant's efforts
					 to identify such impacts.