Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 1 - Solid Waste Regulations › Chapter 3 - Scope and Mandatory Provisions of the Program › Section VII-315 - Mandatory Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Generating, Collecting, Transporting, Storing, Processing, and Disposing of
				  Solid Waste. Solid waste shall be generated, collected, transported, stored,
				  processed, and disposed of only in accordance with these regulations.
B. Storage of Wastes. No solid waste shall be
				  stored or allowed to be stored in a manner that may cause a nuisance or health
				  hazard or detriment to the environment as determined by the administrative
				  authority. Unless authorized or approved by the administrative authority, no
				  solid waste shall be stored or allowed to be stored at an off-site location
				  unless such off-site location is an authorized transfer station or collection,
				  processing, or disposal facility. After November 20, 2011 solid wastes may not
				  be stored on-site for greater than one year, without approval from the Office
				  of Environmental Compliance. The facility shall maintain records indicating the
				  time frame that waste has been stored.
C. Processing and Disposal of Solid Waste.
				  Except as otherwise provided in these regulations, all solid waste shall be
				  processed or disposed of at a permitted solid waste facility.
D. Abandonment of Solid Waste. Abandonment of
				  solid waste shall be considered an act of disposal.
E. Access to Facilities. The administrative
				  authority or his representative shall have access to the premises of all
				  facilities used for the management of solid waste for all purposes authorized
				  under
				  R.S.
				  30:2001 et seq., particularly
				  R.S.
				  30:2012. These inspections may be conducted
				  during normal operating hours; however, the department reserves the right to
				  conduct inspections before and after operating hours. Upon request of the
				  operator or permit holder, the administrative authority or his representative
				  shall discuss the preliminary findings of any such investigation before leaving
				  the premises.
F . Reporting of
				  Unauthorized Discharge. Any discharge, deposit, injection, spill, dumping,
				  leaking, or placing of solid waste into or on the water, air, or land of the
				  state in contravention of the Act, these regulations, or the terms and
				  conditions of a permit issued thereunder, or any accident, fire, explosion, or
				  other emergency that results in such unauthorized solid waste discharge, shall
				  be reported by any person causing, allowing, or suffering said discharge or by
				  any person with knowledge of the discharge to the Office of Environmental
				  Compliance in accordance with LAC 33:I.Chapter 39.
G. Cleanup of Unauthorized Discharge. The
				  cleanup, isolation, removal, or otherwise rendering safe of solid waste
				  processed or disposed of in a manner not authorized by these regulations, or at
				  a facility not permitted to receive such wastes, shall be conducted in
				  accordance with LAC 33:I.Chapter 13 (RECAP), these regulations, or the terms
				  and conditions of any order issued by the administrative authority. Such orders
				  shall not preclude other enforcement action under
				  R.S.
				  30:2025.
H. Notice of Fire or Damage to Structures in
				  a Solid Waste Facility. Notification shall be made in accordance with LAC
				  33:I.3915 in the case of an
emergency condition
as defined in
				  LAC 33:I.3905, or in accordance with LAC 33:I.3923 in all other cases, when
				  damage to or degradation of any structure of a solid waste facility occurs that
				  would impair the ability of the facility to meet the conditions of its permit,
				  or when any fire occurs in the waste management area at a solid waste
				  facility.
I. Construction with
				  Intent to Operate a Facility. The owner/operator shall provide advance written
				  notice, at least 30 days prior to construction, to the parish governing
				  authority whose jurisdiction may be affected, of the intent to operate a
				  transfer station (processing or non-processing) or other type of facility for
				  the offloading and/or transloading of processed solid waste and sewage sludge
				  destined for disposal.
J .
				  Hazardous or Nuclear Wastes in Solid Waste Facilities. No hazardous waste or
				  nuclear material regulated under the Louisiana hazardous waste rules and
				  regulations or Louisiana radiation regulations shall be processed or disposed
				  of at a solid waste facility except in conformance with those regulations.
				  Collectors, transporters, processors, and disposers of solid waste shall
				  determine, according to approved methods, that the waste is not hazardous
				  before collecting, transporting, processing, or disposing of it.
K. Compliance with Other Regulations. All
				  facilities may be subject to applicable federal and state laws and regulations
				  including, but not limited to, Section 402(NPDES) and Section 404 (Dredge and
				  Fill) of the Clean Water Act; the Coastal Zone Management Act and Federal
				  Aviation Administration regulations; the National Historic Preservation Act of
				  1966, as amended; the Endangered Species Act; the Wild and Scenic Rivers Act;
				  the Fish and Wildlife Coordination Act; the Clean Air Act; the Toxic Substances
				  Control Act; the Marine Protection Research and Sanctuary Act; the Resource
				  Recovery and Conservation Act; and the Federal Insecticide, Fungicide, and
				  Rodenticide Act.
L. Contamination
				  of the Waters of the State. No person shall cause, allow, or permit solid waste
				  to be disposed of in such a manner that it enters the waters of the state. This
				  does not apply to discharges into waters of the state in accordance with state
				  or federal wastewater-discharge permits.
M. Prohibition of Open Burning of Solid
				  Waste. Open burning of solid waste is prohibited, except in accordance with
				  R.S.
				  30:2001 et seq. and LAC
				  33:III.1109.
N. Spent Bauxite Waste
				  and Byproduct Gypsum and Related Wastes
1.
				  The administrative authority may give special consideration to landfills that
				  receive only byproduct gypsum and related wastes (resulting from the production
				  of phosphoric acid, phosphate fertilizers, and hydrofluoric acid) that is
				  generated on-site, with regard to standards for receipt of liquid waste,
				  standing water, specific design and operation of liners and leachate collection
				  and removal systems, daily cover, and final cover, which may include waiver or
				  modification of these standards.
2.
				  The administrative authority may give special consideration to surface
				  impoundments that receive only spent bauxite waste and related wastes
				  (resulting from production of alumina) that is generated on-site, with regard
				  to standards for liners and final cover, which may include waiver or
				  modification of these standards.