Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 22 - Prohibitions on Land Disposal › Subchapter A - Land Disposal Restrictions › Section V-2237 - Exemption for Surface Impoundments Treating Hazardous Waste

Current through Register Vol. 50, No. 6, June 20, 2024
A. Wastes that are otherwise prohibited from
					 land disposal under this Chapter may be treated in a surface impoundment or
					 series of impoundments provided that:
1.
					 treatment of such wastes must occur in the exempt impoundment;
2. the following conditions must be met:
a. Sampling and Testing. For wastes with
					 treatment standards and/or prohibition levels in LAC 33:V.Chapter 22.Subchapter
					 A or RCRA Section 3004(d), the residues from the treatment must be analyzed, as
					 specified in LAC 33:V.2245, 2247, or 2213.F and G to determine if they meet the
					 applicable treatment standards or where no treatment standards have been
					 established for the waste, the applicable prohibition levels. The sampling
					 method, specified in the waste analysis plan under LAC 33:V.1519 or 4313, must
					 be designed such that representative samples of the sludge and the supernatant
					 are tested separately rather than mixed to form homogeneous samples;
b. Removal
i. the following treatment residues
					 (including any liquid wastes) must be removed at least once every year:
(a). residues which do not meet the treatment
					 standards promulgated under LAC 33:V.Chapter 22.Subchapter A;
(b). residues which do not meet the
					 prohibition levels established under Subchapter A of this Chapter or imposed by
					 statute (where no treatment standards have been established);
(c). residues which are from the treatment of
					 wastes prohibited from land disposal under Subchapter A of this Chapter (where
					 no treatment standards have been established and no prohibition levels apply);
					 or
(d). residues from the
					 management of listed wastes which are not delisted by EPA or by the
					 administrative authority;
ii. if the volume of liquid flowing through
					 the impoundment or series of impoundments in a one-year period is greater than
					 the volume of the impoundment or impoundments, this flow-through constitutes
					 removal of the supernatant for the purpose of this requirement;
iii. Reserved;
iv. the administrative authority may require
					 removal of treatment residues more frequently than once per year;
c. Subsequent Management.
					 Treatment residues may not be placed in any other surface impoundment for
					 subsequent management;
d.
					 Recordkeeping. Sampling and testing and recordkeeping provisions of LAC
					 33:V.1519 and 4313 apply;
e.
					 Certification. Each waste analysis plan must be certified by a Louisiana
					 licensed professional engineer (PE);
3. the impoundment must meet the applicable
					 design requirements of LAC 33:V.Chapter 29 or 43, although the unit may not be
					 new, expanded, or a replacement, and be in compliance with applicable
					 groundwater monitoring requirements of LAC 33:V.Chapter 33 or 43 unless:
a. the impoundment is exempted in accordance
					 with LAC 33:V.2903.J or K or 4462.C or D; or
b. the owner or operator has applied for and
					 the administrative authority, after notice and opportunity to comment, has
					 granted a waiver of the design requirements on the basis that the surface
					 impoundment:
i. has at least one liner (and
					 there is no evidence that such liner is leaking) and one compacted clay or
					 other department-approved liner;
ii. is located more than 1/4 mile from an
					 underground source of drinking water; and
iii. is in compliance with generally
					 applicable groundwater monitoring requirements for facilities with
					 permits;
c. the owner or
					 operator has applied for and the administrative authority, after notice and an
					 opportunity to comment, has granted a modification to the design requirements
					 on the basis of a demonstration that the surface impoundment is located,
					 designed, and operated so as to ensure that no hazardous constituents will
					 migrate into groundwater or surface water at any time;
4. the owner or operator must submit to the
					 Office of Environmental Services a written certification that the requirements
					 of Paragraph A.3 of this Section have been met and a copy of the waste analysis
					 plan required under Paragraph A.2 of this Section. The following certification
					 is required.
"I certify under penalty of law that the requirements of
						LAC 33:V.2237.A.3 have been met for all surface impoundments being used to
						treat prohibited wastes. I believe that the submitted information is true,
						accurate, and complete. I am aware that there are significant penalties for
						submitting false information, including the possibility of fines and
						imprisonment."