Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 2 - Notification › Chapter 39 - Notification Regulations and Procedures for Unauthorized Discharges › Subchapter A - General › Section I-3905 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
					 terms as used in these regulations, unless the context otherwise requires or
					 unless redefined by a particular part hereof, shall have the following
					 meanings.
Administrative Authority-
the Secretary
						of the Department of Environmental Quality or his designee or the appropriate
						assistant secretary or his designee.
Air Contaminant-
particulate matter,
						dust, fumes, gas, mist, smoke, or vapor, or any combination thereof produced by
						other than natural processes.
Barrel
- a 42-gallon measure.
Brine from Solution Mining
-liquids and
						suspended particulate matter that are obtained by processing fluids brought to
						the surface in conjunction with the solution mining of brine.
By-Pass
- a diversion of a waste stream
						from any portion of a conveyance or treatment facility.
Compressed Gas
-any material (or mixture)
						which exerts in the packaging a gauge pressure of 200 kPa (29.0 psig/43.8 psia)
						or greater at 20 degrees C (68 degrees F).
Department
- the Department of
						Environmental Quality.
Discharge
-the placing, releasing,
						spilling, percolating, draining, pumping, leaking, mixing, leaching, migrating,
						seeping, emitting, disposing, by-passing, or other escaping of pollutants on or
						into the air, waters of the state, or the ground. A release shall not include a
						federal or state permitted release.
Discharger
- a facility, plant, company,
						site, person or its representatives, agents or employees, which discharge
						pollutants.
Division
- the appropriate division
						within the Department of Environmental Quality.
DPS
- the Department of Public Safety;
						the State Police.
Emergency Condition
- any condition
						which could reasonably be expected to endanger the health and safety of the
						public, cause significant adverse impact to the land, water or air environment,
						or cause severe damage to property.
Emission
- a discharge of air
						contaminants into the outdoor atmosphere.
Facility
- a pollution source, or any
						public or private property or site where an activity is conducted, which is
						required to be regulated under Subtitle II of Title 30 of the Louisiana Revised
						Statutes and does or has the potential to do any of the following:
a. emit air contaminants into the atmosphere;
b. discharge pollutants into waters of the state;
c. use or control radioactive materials and waste;
d. transport, process, and/or dispose of solid wastes;
						or
e. generate, transport, treat, store, or dispose of
						hazardous wastes.
Flammable Liquid
-as defined in
						49 CFR
						173.120.
Groundwater
- water located beneath the
						ground surface or below a surface water body in a saturated zone or
						stratum.
Groundwater Contamination
- the
						degradation of naturally occurring groundwater quality either directly or
						indirectly as a result of human activities.
Hotline
- 24-hour Louisiana Emergency
						Hazardous Materials Hotline.
Immediately
- a reasonable period of
						time after taking prompt measures to determine the nature, quantity, and
						potential off-site impact of a release, considering the exigency of the
						circumstances.
Leachate
- a liquid that has passed
						through or emerged from solid waste and may contain soluble, suspended, or
						miscible materials removed from such wastes.
Migrating
- any movement by leaching,
						spilling, discharging, or any other uncontained or uncontrolled manner, except
						as permitted by law or other regulations of the department.
Oil
- any of numerous smooth, greasy,
						combustible hydrocarbons that are liquid or at least easily liquefiable on
						warming, are soluble in ether but not in water, including but not limited to
						crude oil, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes
						other than dredged spoil.
Permit
or
License
-
						written authorization by the administrative authority to discharge, emit,
						treat, store and/or dispose of liquid, gaseous, semi-solid, or solid waste or
						reusable materials, or radioactive material from or at a site or facility,
						including all conditions set forth therein.
Person
- any individual, municipality,
						public or private corporation, partnership, firm, the United States government
						and any agent or subdivision thereof, or any other juridical person, which
						shall include, but not be limited to, trusts, joint stock companies,
						associations, the state of Louisiana, political subdivisions of the state of
						Louisiana, commissions, and interstate bodies.
Pollutant
- any substance introduced
						into the environment of the state by any means that would tend to degrade the
						chemical, physical, biological, or radiological integrity of such
						environment.
Pollution Source
- the immediate site or
						location of a discharge or potential discharge, including such surrounding
						property or water body necessary to quarantine the area or secure from access
						by the general public.
Produced Water
-includes liquids and
						suspended particulate matter that are obtained by processing fluids brought to
						the surface in conjunction with the recovery of oil and gas from underground
						geologic formations or with underground storage of hydrocarbons.
Radiation
- any electromagnetic or
						ionizing radiation including gamma rays and X-rays; alpha and beta particles;
						high-speed electrons, neutrons, protons, and other nuclear particles; but not
						sound waves.
Radioactive By-Product Material
- any
						radioactive material (except special nuclear material) yielded in or made
						radioactive by exposure to the radiation incident to the process of producing
						or utilizing special nuclear material.
Radioactive Material
- any material,
						whether solid, liquid, or gas, which emits radiation spontaneously.
Radionuclide
- a radioactive species of
						an atom characterized by the constitution of its nucleus.
Release
-the accidental or intentional
						spilling, leaking, pumping, pouring, emitting, escaping, leaching, or dumping
						of hazardous substances or other pollutants into or on any land, air, water, or
						groundwater. A release shall not include a federal or state permitted
						release.
Reportable Quantity
- that specific
						quantity associated with pollutants, as set forth in Subchapter E of this
						Chapter, the release of which requires notification pursuant to this
						regulation.
Reusable Material
- any material defined
						in LAC 33:V.Chapter 49 of the hazardous waste regulations which would be
						classified as a hazardous waste except that it will be beneficially used,
						reused, or legitimately recycled, or reclaimed, unless exempted in LAC
						33:V.Chapter 41 of the hazardous waste regulations.
Secretary
- the Secretary of the
						Department of Environmental Quality.
Site
- the geographic location, other
						than a facility, of an unauthorized discharge.
Solid Waste
- any garbage, refuse,
						sludge from a waste treatment plant, water supply treatment plant, or air
						pollution control facility, and other discarded material, including solid,
						liquid, semi-solid, or contained gaseous material resulting from industrial,
						commercial, mining, and agricultural operations, and from community activities;
						but does not include or mean solid or dissolved material in domestic sewage or
						solid or dissolved materials in irrigation return flows or industrial
						discharges which are point sources subject to permits under
						R.S.
						30:2074, or source, special nuclear, or
						by-product material as defined by the Atomic Energy Act of 1954, (42 U.S.C.
						2011, et seq.) as amended, or hazardous waste
						subject to permits under
						R.S. 30:2171
						et seq.
Solid Waste Facility
- any land and
						appurtenances thereto used for storing, processing, and/or disposing of solid
						wastes.
SPOC-
the Office of Environmental
						Compliance, Emergency and Radiological Services Division, Single Point of
						Contact (SPOC).
Transport Vehicle
- a motor vehicle,
						aircraft, rail freight car, freight container, cargo tank, portable tank, or
						vessel used for the transportation of hazardous substances or other pollutants.
						Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate
						transport vehicle.
Transportation
- the movement of solid,
						liquid, or hazardous reusable materials or wastes from the point of generation
						or storage to the point of treatment, storage, or disposal by any means of
						commercial or private transport. The term does not apply to the movement of
						hazardous wastes on the premises of a hazardous waste treatment, storage or
						disposal facility.
Treatment
- any method, technique, or
						process, including neutralization, designed to change the physical, chemical,
						or biological character or composition of any reusable material or waste so as
						to neutralize such reusable material or waste or render it nonhazardous, safer
						for transport, amenable for recovery or storage, or reduced in volume. The term
						also includes any activity or processing designed to change the physical form
						or chemical composition of hazardous waste to render it nonhazardous.
Unauthorized Discharge
-a continuous,
						intermittent, or one-time discharge, whether intentional or unintentional,
						anticipated or unanticipated, from any permitted or unpermitted source which is
						in contravention of any provision of the Louisiana Environmental Quality Act
						(R.S. 30:2001 et seq.)
						or of any permit or license terms and conditions, or of any applicable
						regulation, compliance schedule, variance, or exception of the administrative
						authority.
Vessel
- any type of watercraft used, or
						capable of being used, as a means of transportation on the water.
Waste
- any material for which no use or
						reuse is intended and which is to be discarded.
Waters of the State
- both the surface
						and underground waters within the state of Louisiana including all rivers,
						streams, lakes, groundwaters, and all other water courses and waters within the
						confines of the state, and all bordering waters and the Gulf of
						Mexico.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2025(J),
						30:2060(H),
						30:2076(D),
						30:2183(I),
						30:2204(A)
						 and
						30:2373(B).