Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 1 - General Provisions and Definitions › Section V-105 - Program Scope

Current through Register Vol. 50, No. 6, June 20, 2024
These rules and regulations apply to owners and operators
					 of all facilities that generate, transport, treat, store, or dispose of
					 hazardous waste, except as specifically provided otherwise herein. The
					 procedures of these regulations also apply to the denial of a permit for the
					 active life of a hazardous waste management facility or individual unit at a
					 treatment, storage, and disposal (TSD) facility under LAC 33:V.706. Definitions
					 appropriate to these rules and regulations, including
solid
					 waste
and
hazardous waste
, appear in LAC 33:V.109.
					 Wastes that are excluded from regulation are found in this Section.
A. EPA Identification Numbers and
				  Notification of Hazardous Waste Activity
1.
				  Within 90 days after the promulgation or revision of these regulations anyone
				  subject to these regulations who has not previously notified the department on
				  the Notification of Hazardous Waste Activity Form (HW-1), or whose notification
				  on the HW-1 form is not approved, must notify the Office of Environmental
				  Services, using the HW-1 form.
2.
				  Within 90 days after changes in waste characteristics or changes in these
				  regulations that result in changes in the notification, interim status
				  facilities must revise their notification form by resubmitting a corrected copy
				  of the H W-1 form.
3. All
				  notifications of hazardous waste activity received must be in accordance with
				  the department's notification procedures and must receive an active EPA
				  identification number issued through the state of Louisiana.
4. All facilities with an active EPA
				  identification number shall be subject to requirements in LAC 33:V.Subpart
				  1.
5. Approved Forms for
				  Notification of Hazardous Waste Activity
a.
				  Notification of Hazardous Waste Activity Form (HW-1). All notifications of
				  hazardous waste activity shall be made on the most current HW-1 form approved
				  by the department and found on the department's website. The department may
				  provide the HW-1 form in either a hardcopy or web-based format or
				  both.
b. Other forms approved by
				  the department. At the discretion of the department, other forms may be
				  approved for use. In these instances, the official notification of approval
				  forms will be found on the department's website.
6. Out-of-date forms and forms not approved
				  by the department. Notification of hazardous waste activity submitted on forms
				  not approved by the department, or on forms that are not current, will be
				  rejected.
a. If rejected, the applicant shall
				  resubmit the notification using the appropriate, approved form.
b. Resubmittals shall be submitted timely to
				  the Office of Environmental Services. Original due dates will not be extended
				  for resubmittals due to an unapproved or out-of-date form.
7. See LAC 33:V.1017 for additional
				  notification requirements for generators of hazardous waste.
8. Facilities who cease hazardous waste
				  activities shall notify the Office of Environmental Services within 30 days
				  using the department's Notification of Hazardous Waste Activity Form (HW-1) or
				  other forms approved by the department in accordance with Subparagraph
				  105.A.5.b of this Section.
9.
				  Failure to submit a timely and complete Notification of Hazardous Waste
				  Activity Form (HW-1), obtain an active EPA identification number or notify the
				  department of changes to the notification shall constitute a violation of these
				  regulations and subject the applicant to enforcement action up to and including
				  the assessment of civil penalties.