reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Subchapter B - Post-Closure Requirements › Section V-3519 - Post-Closure Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 proposed transfer of ownership of the property shall be reported to the
					 administrative authority at least 60 days prior to execution of such
					 sale.
B. The administrative
					 authority must approve any new owner. Criteria for approval includes agreement
					 to land use restrictions necessary to protect public health and financial
					 responsibility covering liability due to change in land use.
C. The administrative authority will conduct
					 an annual evaluation of the site for the period of post-closure.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Subchapter B - Post-Closure Requirements › Section V-3521 - Post-Closure Care and Use of Property

Current through Register Vol. 50, No. 6, June 20, 2024
A. Length of Post-Closure
1. Post-closure care for each hazardous waste
					 management unit subject to the requirements of LAC 33:V.3519-3527 must continue
					 for at least 30 years after the date of completing closure of that unit and
					 must consist of at least the following:
a.
					 monitoring and reporting in accordance with the requirements of LAC
					 33:V.Chapters 23, 25, 27, 29, 32 and 33; and
b. maintenance and monitoring of waste
					 containment systems in accordance with the requirements of LAC 33:V.Chapters
					 23, 25, 27, 29, 32 and 33.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Subchapter B - Post-Closure Requirements › Section V-3523 - Post-Closure Plan, Amendment of Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. Written Plan. The owner or operator of a
					 hazardous waste disposal unit must have a written post-closure plan. In
					 addition, certain surface impoundments and waste piles from which the owner or
					 operator intends to remove or decontaminate the hazardous wastes at partial or
					 final closure are required by LAC 33:V.2911.D and 2315.C to have contingent
					 post-closure plans. Owners or operators of surface impoundments and waste piles
					 not otherwise required to prepare contingent post-closure plans under LAC
					 33:V.2315.C and 2911.D must submit a post-closure plan to the Office of
					 Environmental Services within 90 days from the date that the owner or operator
					 or administrative authority determines that the hazardous waste management unit
					 must be closed as a landfill, subject to the requirements of LAC
					 33:V.3519-3527. The plan must be submitted with the permit application, in
					 accordance with LAC 33:V.517.P, and approved by the administrative authority as
					 part of the permit issuance procedures under these regulations. In accordance
					 with LAC 33:V.311 the approved post-closure plan will become a condition of any
					 hazardous waste permit issued.
B.
					 For each hazardous waste management unit subject to the requirements of this
					 Section, the post-closure plan must identify the activities that will be
					 carried on after closure of each disposal unit and the frequency of these
					 activities, and include at least:
1. a
					 description of the planned monitoring activities and frequencies at which they
					 will be performed to comply with LAC 33:V.Chapters 23, 25, 27, 29, 32 and 33
					 during the post-closure care period; and
2. a description of the planned maintenance
					 activities, and frequencies at which they will be performed, to ensure:
a. the integrity of the cap and final cover
					 or other containment systems in accordance with the requirements of LAC
					 33:V.Chapters 23, 25, 27, 29, 32 and 33; and
b. the functioning of the monitoring
					 equipment in accordance with the requirements of LAC 33:V.Chapters 23, 25, 27,
					 29, 32, and 33;
3. the
					 name, address, and phone number of the person or office to contact about the
					 hazardous waste disposal unit or facility during the post-closure care period;
					 and
4. for facilities where the
					 administrative authority has applied alternative requirements at a regulated
					 unit under LAC 33:V.3301.G, 3501.D, and/or 3701.D, either the alternative
					 requirements that apply to the regulated unit or a reference to the enforceable
					 document containing those requirements.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Subchapter B - Post-Closure Requirements › Section V-3525 - Post-Closure Notices

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
					 later than 60 days after certification of closure of each hazardous waste
					 disposal unit, the owner or operator must submit to the local zoning authority,
					 or the authority with jurisdiction over local land use, and to the Office of
					 Environmental Services a record of the type, location, and quantity of
					 hazardous wastes disposed of within each cell or other disposal unit of the
					 facility. For hazardous wastes disposed of before January 12, 1981, the owner
					 or operator must identify the type, location, and quantity of the hazardous
					 wastes to the best of his knowledge and in accordance with any records he has
					 kept.
B. Within 60 days of
					 certification of closure of the first hazardous waste disposal unit and within
					 60 days of certification of closure of the last hazardous waste disposal unit,
					 the owner or operator must:
1. record, in
					 accordance with state law, a notation on the deed to the facility property or
					 on some other instrument which is normally examined during the title search-
					 that will in perpetuity notify any potential purchaser of the property that:
a. the land has been used to manage hazardous
					 wastes; and
b. its use is
					 restricted under LAC 33:V.Chapter 35; and
c. the survey plat and record of the type,
					 location, and quantity of hazardous wastes disposed of within each cell or
					 other hazardous waste disposal unit of the facility required by LAC 33:V.3517
					 and this Section have been filed with the local zoning authority or the
					 authority with jurisdiction over local land use and with the administrative
					 authority; and
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Subchapter B - Post-Closure Requirements › Section V-3527 - Certification of Completion of Post-Closure Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. No later than 60 days after completion of
					 the established post-closure care period for each hazardous waste disposal
					 unit, the owner or operator must submit to the Office of Environmental
					 Services, by registered mail, a certification that the post-closure care period
					 for the hazardous waste disposal unit was performed in accordance with the
					 specifications in the approved post-closure plan. The certification must be
					 signed by the owner or operator and an independent, qualified professional
					 engineer. Documentation supporting the independent professional engineer's
					 certification must be furnished to the administrative authority upon request
					 until he releases the owner or operator from the financial assurance
					 requirements for post-closure care under LAC 33:V.3711.I.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 37 - Financial Requirements › Section V-3701 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The requirements
				  of this Chapter apply to owners and operators of all hazardous waste
				  facilities, except as provided otherwise in this Part.
B. The requirements of LAC 33:V.3709 and 3711
				  apply only to owners and operators of:
1.
				  disposal facilities;
2. piles and
				  surface impoundments from which the owner or operator intends to remove the
				  wastes at closure, to the extent that these sections are made applicable to
				  such facilities in LAC 33:V.Chapters 23 and 29;
3. tank systems that are required under LAC
				  33:V.1915 to meet the requirements for landfills; and
4. containment buildings that are required
				  under LAC 33:V.1803 to meet the requirements for landfills.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 37 - Financial Requirements › Subchapter A - Closure Requirements › Section V-3705 - Cost Estimate for Closure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 owner or operator must have a detailed written estimate, in current dollars, of
					 the cost of closing the facility in accordance with the requirements in LAC
					 33:V.3503-3517 and applicable closure requirements in LAC 33:V.1803, 1915,
					 2117, 2315, 2521, 2719, 2911, 3121, and 3203-3207.
1. The estimate must equal the cost of final
					 closure at the point in the facility's active life when the extent and manner
					 of its operation would make closure the most expensive, as indicated by its
					 closure plan (see LAC 33:V.3511.B); and
2. The closure cost estimate must be based on
					 the costs to the owner or operator of hiring a third party to close the
					 facility. A third party is a party who is neither a parent nor a subsidiary of
					 owner or operator in LAC 33:V.3703.A. The owner or operator may use costs for
					 on-site disposal if he can demonstrate that on-site disposal capacity will
					 exist at all times over the life of the facility.
3. The closure cost estimate may not
					 incorporate any salvage value that may be realized with the sale of hazardous
					 wastes or non-hazardous wastes if applicable under LAC 33:V.3513.D, facility
					 structures or equipment, land, or other assets associated with the facility at
					 the time of partial or final closure.
4. The owner or operator may not incorporate
					 a zero cost for hazardous wastes or non-hazardous wastes if applicable under
					 LAC 33:V.3513.D, that might have economic value.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 37 - Financial Requirements › Subchapter B - Post-Closure Requirements › Section V-3709 - Cost Estimate for Post-Closure Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. The owner or operator of a disposal
					 surface impoundment, disposal miscellaneous unit, land treatment unit, or
					 landfill unit, or of a surface impoundment or waste pile required under LAC
					 33:V.2315 and 2911 to prepare a contingent closure and post-closure plan, must
					 have a detailed written estimate, in current dollars, of the annual cost of
					 post-closure monitoring and maintenance of the facility in accordance with the
					 applicable post-closure regulations in LAC 33:V.3519, 3527, 2315, 2521, 2719,
					 2911, and 3207.
1. The post-closure cost
					 estimate must be based on the costs to the owner or operator of hiring a third
					 party to conduct post-closure care activities. A third party is a party who is
					 neither a parent nor a subsidiary of the owner or operator. (See definition of
parent corporation
in LAC 33:V.3703.)
2. The post-closure cost estimate is
					 calculated by multiplying the annual post-closure cost estimate by the number
					 of years of post-closure care required under LAC 33:V.3523.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 37 - Financial Requirements › Subchapter C - Common Closure and Post-Closure Requirements › Section V-3713 - Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
					 owner or operator may satisfy the requirements for financial assurance for both
					 closure and post-closure care for one or more facilities by using a trust fund,
					 surety bond, letter of credit, insurance, financial test, or corporate
					 guarantee that meets the specifications for the mechanism in both LAC 33:V.3707
					 and 3711. The amount of funds available through the mechanism must be no less
					 than the sum of funds that would be available if a separate mechanism has been
					 established and maintained for financial assurance of closure and post-closure
					 care.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 37 - Financial Requirements › Subchapter D - Insurance Requirements › Section V-3715 - Liability Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Coverage for Sudden Accidental Occurrences. An owner or operator of a hazardous
					 waste treatment, storage, or disposal facility, or a group of such facilities,
					 must demonstrate financial responsibility for bodily injury and property damage
					 to third parties caused by sudden accidental occurrences arising from
					 operations of the facility or group of facilities. The owner or operator must
					 have and maintain liability coverage for sudden accidental occurrences in the
					 amount of at least $1 million per occurrence, with an annual aggregate of at
					 least $2 million, exclusive of legal defense costs. This liability coverage may
					 be demonstrated as specified in LAC 33:V.3715.A.1, 2, 3, 4, 5, or 6. For any
					 facility that treats, stores, or disposes by land treatment (i.e., surface
					 impoundment, waste pile, landfarm, or landfill) any acute hazardous waste (see
					 LAC 33:V.4901, Table 3), or any toxic waste listed because of toxicity or
					 reactivity (see LAC 33:V.4901, Table 4) the liability coverage must be at least
					 $5 million per occurrence, with an annual aggregate of at least $5 million
					 exclusive of legal defense costs.
1. An owner
					 or operator may demonstrate the required liability coverage by having liability
					 insurance as specified in this Paragraph.
a.
					 Each insurance policy must be amended by attachment of the Hazardous Waste
					 Facility Liability Endorsement or evidenced by a certificate of liability
					 insurance. The wording of the endorsement must be identical to the wording
					 specified in LAC 33:V.3719.I. The wording of the certificate of insurance must
					 be identical to the wording specified in LAC 33:V.3719.J. The owner or operator
					 must submit a signed duplicate original of the endorsement or the certificate
					 of insurance to the Office of Environmental Services. If requested by the
					 administrative authority, the owner or operator must provide a signed duplicate
					 original of the insurance policy. An owner or operator of a new facility must
					 submit the signed duplicate original of the Hazardous Waste Facility Liability
					 Endorsement or the certificate of liability insurance to the administrative
					 authority at least 60 days before the date on which hazardous waste is first
					 received for treatment, storage, or disposal. The insurance must be effective
					 before this initial receipt of hazardous waste.
b. Each insurance policy must be issued by an
					 insurer which, at a minimum, is licensed to transact the business of insurance,
					 or eligible to provide insurance as an excess or surplus lines insurer, in one
					 or more states, and authorized to transact business in Louisiana.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 37 - Financial Requirements › Subchapter E - Incapacity Regulations › Section V-3717 - Incapacity of Owners or Operators, Guarantors, or Financial Institutions

Current through Register Vol. 50, No. 6, June 20, 2024
A. An owner or
					 operator must notify the Office of Environmental Services by certified mail of
					 the commencement of a voluntary or involuntary proceeding under Title 11
					 (Bankruptcy), U.S. Code, naming the owner or operator as debtor, within 10 days
					 after commencement of the proceeding. A guarantor of a corporate guarantee as
					 specified in LAC 33:V.3707.F and 3711.F must make such a notification if he is
					 named as debtor, as required under the terms of the corporate guarantee (see
					 LAC 33:V.3719.H).
B. An owner or
					 operator who fulfills the requirements of LAC 33:V.3707, 3711 or 3715 by
					 obtaining a trust fund, surety bond, letter of credit, or insurance policy will
					 be deemed to be without the required financial assurance or liability coverage
					 in the event of bankruptcy of the trustee or issuing institution, or a
					 suspension or revocation of the authority of the trustee institution to act as
					 trustee or of the institution issuing the surety bond, letter of credit, or
					 insurance policy to issue such instruments. The owner or operator must
					 establish other financial assurance or liability coverage within 60 days after
					 such an event.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 37 - Financial Requirements › Subchapter F - Financial and Insurance Instruments › Section V-3719 - Wording of the Instruments

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 trust agreement for a trust fund as specified in LAC 33:V.3707.A or 3711.A or
					 4403.A or 4407.A must be worded as follows, except that instructions in
					 brackets are to be replaced with the relevant information and the brackets
					 deleted.
1. The wording of the trust
					 agreement is as follows.
Trust Agreement
Trust Agreement, the "Agreement," entered into as of
						[date] by and between [name of the owner or operator], a [name of state]
						[insert "corporation," "partnership," "association," or "proprietorship"], the
						"Grantor," and [name of corporate trustee], [insert "incorporated in the State
						of " or "a national bank" or "a state bank"], the "Trustee."
WHEREAS, the Department of Environmental Quality of the
						State of Louisiana, an agency of the State of Louisiana, has established
						certain regulations applicable to the grantor, requiring that an owner or
						operator of a hazardous waste management facility shall provide assurance that
						funds will be available when needed for closure and/or post-closure care of the
						facility;
WHEREAS, the Grantor has elected to establish a trust to
						provide all or part of such financial assurance for the facility identified
						herein;
WHEREAS, the Grantor, acting through its duly authorized
						officers, has selected the Trustee to be the trustee under this agreement, and
						the Trustee is willing to act as trustee.
NOW, THEREFORE, the Grantor and the Trustee agree as
						follows:
Section 1. Definitions
As used in this agreement:
(a) The term
Grantor
means
					 the owner or operator who enters into this Agreement and any successors or
					 assigns of the Grantor.
(b) The
					 term
Trustee
means the Trustee who enters into this Agreement
					 and any successor Trustee.
(c) The
					 term
Secretary
means the Secretary, Louisiana Department of
					 Environmental Quality and any successor agency.
(d) The term
administrative
					 authority
means the Secretary, or a person designated by him or her to
					 act therefor.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter A - General › Section V-3801 - Scope and Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 This Chapter establishes requirements for managing batteries as described in
					 LAC 33:V.3803, pesticides as described in LAC 33:V.3805, mercury-containing
					 equipment as described in LAC 33:V.3807, lamps as described in LAC 33:V.3809,
					 electronics as described in LAC 33:V.3810, and antifreeze as described in LAC
					 33:V.3811. This Chapter provides an alternative set of management standards in
					 lieu of regulations under LAC 33:V.Subpart 1.
B. Persons managing household wastes that are
					 exempt under LAC 33:V.105.D.2.a and are also of the same type as the universal
					 wastes as defined in this Chapter may, at their option, manage these wastes
					 under the requirements of this Chapter.
C. Very small quantity generator wastes that
					 are regulated under LAC 33:V.1009 and are also of the same type as the
					 universal wastes defined in LAC 33:V.3813 may, at the generator's option,
					 manage these wastes under the requirements of this Chapter.
D. Persons who commingle the wastes described
					 in Subsections B and C of this Section, together with universal waste regulated
					 under this Chapter, must manage the commingled waste under the requirements of
					 this Chapter.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter A - General › Section V-3803 - Applicability-Batteries

Current through Register Vol. 50, No. 6, June 20, 2024
A. Batteries
					 Covered under This Chapter
1. The
					 requirements of this Chapter apply to persons managing batteries, as described
					 in LAC 33:V.3813, except those listed in Subsection B of this
					 Section.
2. Spent lead-acid
					 batteries which are not managed under LAC 33:V.Chapter 41 are subject to
					 management under this Chapter.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter A - General › Section V-3805 - Applicability-Pesticides

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pesticides
					 Covered under This Chapter. The requirements of this Section apply to persons
					 managing pesticides, as described in LAC 33:V.3813, meeting the following
					 conditions, except those listed in Subsection B of this Section:
1. recalled pesticides that are:
a. stocks of a suspended and canceled
					 pesticide that are part of a voluntary or mandatory recall under FIFRA Section
					 19(b), including, but not limited to those owned by the registrant responsible
					 for conducting the recall; or
b.
					 stocks of a suspended or canceled pesticide, or a pesticide that is not in
					 compliance with FIFRA, that are part of a voluntary recall by the
					 registrant;
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter A - General › Section V-3807 - Applicability-Mercury Containing Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Mercury-Containing Equipment Covered under
					 This Chapter. The requirements of this Chapter apply to persons managing
					 mercury-containing equipment, as described in LAC 33:V.3813, except those
					 listed in Subsection B of this Section.
B. Mercury-Containing Equipment Not Covered
					 under This Chapter. The requirements of this Chapter do not apply to persons
					 managing the following mercury-containing equipment:
1. mercury-containing equipment that is not
					 yet waste under LAC 33:V.Chapter 49 (Subsection C of this Section describes
					 when mercury-containing equipment becomes waste.);
2. mercury-containing equipment that is not
					 hazardous waste. Mercury-containing equipment is a hazardous waste if it
					 exhibits one or more of the characteristics identified in LAC 33:V.4903;
					 and
3. equipment and devices from
					 which the mercury-containing components have been removed.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter A - General › Section V-3809 - Applicability-Lamps

Current through Register Vol. 50, No. 6, June 20, 2024
A. Lamps Covered
					 under This Chapter. The requirements for this Chapter apply to persons managing
					 lamps as described in LAC 33:V.3813, except those listed in Subsection B of
					 this Section.
B. Lamps Not Covered
					 under This Chapter. The requirements of this Chapter do not apply to persons
					 managing the following lamps:
1. lamps that
					 are not yet wastes under LAC 33:V.4901 as provided in Subsection C of this
					 Section; and
2. lamps that are not
					 hazardous waste. A lamp is a hazardous waste if it exhibits one or more of the
					 characteristics identified in LAC 33:V.4903.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter A - General › Section V-3810 - Applicability- Electronics

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Electronics Covered under This Chapter. The requirements of this Chapter apply
					 to persons managing electronics as described in LAC 33:V.3813, except material
					 listed in Subsection B of this Section. Discarded electronics not managed under
					 LAC 33:V.Chapter 41 are subject to management under this Chapter.
B. Electronics Not Covered under This
					 Chapter. The requirements of this Chapter do not apply to persons managing the
					 following categories of electronics:
1.
					 discarded electronics that are managed under LAC 33:V.Chapter 41;
2. electronics, as described in LAC
					 33:V.3813, that are not yet wastes under LAC 33:V.4901, including those that do
					 not meet the criteria for waste generation in Subsection C of this Section;
					 and
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter A - General › Section V-3811 - Applicability-Antifreeze

Current through Register Vol. 50, No. 6, June 20, 2024
A. Antifreeze
					 Covered under This Chapter. The requirements for this Chapter apply to persons
					 managing antifreeze as described in LAC 33:V.3813, except those listed in
					 Subsection B of this Section.
B.
					 Antifreeze Not Covered under This Chapter. The requirements of this Chapter do
					 not apply to persons managing the following antifreeze:
1. antifreeze, as described in LAC 33:V.3813,
					 that is not yet a waste under LAC 33:V.4901, including those that do not meet
					 the criteria for waste generation in Subsection C of this Section;
					 and
2. antifreeze, as described in
					 this Chapter, that is not yet a hazardous waste. Antifreeze is a hazardous
					 waste if it exhibits one or more of the characteristics identified in LAC
					 33:V.4903.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter B - Standards for Small Quantity Handlers of Universal Waste › Section V-3815 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Subchapter
					 applies to small quantity handlers of universal waste (as defined in LAC
					 33:V.3813).
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter B - Standards for Small Quantity Handlers of Universal Waste › Section V-3817 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A small quantity
					 handler of universal waste is:
1. prohibited
					 from disposing of universal waste; and
2. prohibited from diluting or treating
					 universal waste, except by responding to releases as provided in LAC 33:V.3829;
					 or by managing specific wastes as provided in LAC 33:V.3821.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter B - Standards for Small Quantity Handlers of Universal Waste › Section V-3819 - Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. A small quantity
					 handler of universal waste is not required to notify the department of
					 universal waste handling activities.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter B - Standards for Small Quantity Handlers of Universal Waste › Section V-3825 - Accumulation Time Limits

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 small quantity handler of universal waste may accumulate universal waste for no
					 longer than one year from the date the universal waste is generated, or
					 received from another handler, unless the requirements of Subsection B of this
					 Section are met.
B. A small
					 quantity handler of universal waste may accumulate universal waste for longer
					 than one year from the date the universal waste is generated, or received from
					 another handler, if such activity is solely for the purpose of accumulation of
					 such quantities of universal waste as necessary to facilitate proper recovery,
					 treatment, or disposal. However, the handler bears the burden of proving that
					 such activity is solely for the purpose of accumulation of such quantities of
					 universal waste as necessary to facilitate proper recovery, treatment, or
					 disposal.
C. A small quantity
					 handler of universal waste who accumulates universal waste must be able to
					 demonstrate the length of time that the universal waste has been accumulated
					 from the date it becomes a waste or is received. The handler may make this
					 demonstration by:
1. placing the universal
					 waste in a container and marking or labeling the container with the earliest
					 date that any universal waste in the container became a waste or was
					 received;
2. marking or labeling
					 each individual item of universal waste (e.g., each battery or thermostat) with
					 the date it became a waste or was received;
3. maintaining an inventory system on-site
					 that identifies the date each universal waste became a waste or was
					 received;
4. maintaining an
					 inventory system on-site that identifies the earliest date that any universal
					 waste in a group of universal waste items or a group of containers of universal
					 waste became a waste or was received;
5. placing the universal waste in a specific
					 accumulation area and identifying the earliest date that any universal waste in
					 the area became a waste or was received; or
6. any other method which clearly
					 demonstrates the length of time that the universal waste has been accumulated
					 from the date it becomes a waste or is received.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter B - Standards for Small Quantity Handlers of Universal Waste › Section V-3827 - Employee Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 small quantity handler of universal waste must inform all employees who handle
					 or have responsibility for managing universal waste. The information must
					 describe proper handling and emergency procedures appropriate to the type(s) of
					 universal waste handled at the facility.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter B - Standards for Small Quantity Handlers of Universal Waste › Section V-3829 - Response to Releases

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 small quantity handler of universal waste must immediately contain all releases
					 of universal wastes and other residues from universal wastes.
B. A small quantity handler of universal
					 waste must determine whether any material resulting from the release is
					 hazardous waste, and if so, must manage the hazardous waste in compliance with
					 all applicable requirements of these regulations. The handler is considered the
					 generator of the material resulting from the release, and must manage it in
					 compliance with LAC 33:V.Chapters 10 and 11.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter B - Standards for Small Quantity Handlers of Universal Waste › Section V-3831 - Off-Site Shipments

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 small quantity handler of universal waste is prohibited from sending or taking
					 universal waste to a place other than another universal waste handler, a
					 destination facility, or a foreign destination.
B. If a small quantity handler of universal
					 waste self-transports universal waste off-site, the handler becomes a universal
					 waste transporter for those self-transportation activities and must comply with
					 the transporter requirements of Subchapter D of this Chapter while transporting
					 the universal waste.
C. If a
					 universal waste being offered for off-site transportation meets the definition
					 of hazardous materials under 49 CFR Parts 171-180, a small quantity handler of
					 universal waste must package, label, mark and placard the shipment, and prepare
					 the proper shipping papers in accordance with the applicable U.S. Department of
					 Transportation Regulations under 49 CFR Parts 172-180.
D. Prior to sending a shipment of universal
					 waste to another universal waste handler, the originating handler must ensure
					 that the receiving handler agrees to receive the shipment.
E. If a small quantity handler of universal
					 waste sends a shipment of universal waste to another handler or to a
					 destination facility and the shipment is rejected by the receiving handler or
					 destination facility, the originating handler must either:
1. receive the waste back when notified that
					 the shipment has been rejected; or
2. agree with the receiving handler on a
					 destination facility to which the shipment will be sent.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter B - Standards for Small Quantity Handlers of Universal Waste › Section V-3833 - Tracking Universal Waste Shipments

Current through Register Vol. 50, No. 6, June 20, 2024
A. A small quantity handler of universal
					 waste is not required to keep records of shipments of universal
					 waste.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter B - Standards for Small Quantity Handlers of Universal Waste › Section V-3835 - Exports

Current through Register Vol. 50, No. 6, June 20, 2024
A. A small quantity
					 handler of universal waste who sends universal waste to a foreign destination,
					 other than to those OECD countries specified in LAC 33:V.1113.I.1.a (in which
					 case the handler is subject to the requirements of LAC 33:V.Chapter
					 11.Subchapter B), must:
1. comply with the
					 requirements applicable to a primary exporter in LAC 33:V.1113.D, G.1.a-d,
					 G.1.f, G.2, and H;
2. export such
					 universal waste only upon consent of the receiving country and in conformance
					 with the EPA Acknowledgment of Consent as defined in LAC 33:V.1113;
					 and
3. provide a copy of the EPA
					 Acknowledgment of Consent for the shipment to the transporter transporting the
					 shipment for export.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter C - Standards for Large Quantity Handlers of Universal Waste › Section V-3837 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Subchapter
					 applies to large quantity handlers of universal waste (as defined in LAC
					 33:V.3813).
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter C - Standards for Large Quantity Handlers of Universal Waste › Section V-3839 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A large quantity
					 handler of universal waste is:
1. prohibited
					 from disposing of universal waste; and
2. prohibited from diluting or treating
					 universal waste, except by responding to releases as provided in LAC 33:V.3851;
					 or by managing specific wastes as provided in LAC 33:V.3843.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter C - Standards for Large Quantity Handlers of Universal Waste › Section V-3841 - Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
					 provided in Paragraphs A.1 and 2 of this Section, a large quantity handler of
					 universal waste must have sent written notification of universal waste
					 management to the Office of Environmental Services and received an EPA
					 Identification Number, before meeting or exceeding the 5,000 kilogram storage
					 limit.
1. A large quantity handler of
					 universal waste who has already notified EPA of his hazardous waste management
					 activities and has received an EPA Identification Number is not required to
					 renotify under this Section.
2. A
					 large quantity handler of universal waste who manages recalled universal waste
					 pesticides as described in LAC 33:V.3805.A.1 and who has sent notification to
					 EPA as required by  40 CFR Part 165  is not required to notify for those recalled
					 universal waste pesticides under this Section.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter C - Standards for Large Quantity Handlers of Universal Waste › Section V-3843 - Waste Management

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Universal Waste Batteries. A large quantity handler of universal waste must
					 manage universal waste batteries in a way that prevents releases of any
					 universal waste or component of a universal waste to the environment, as
					 follows:
1. a large quantity handler of
					 universal waste must contain any universal waste battery that shows evidence of
					 leakage, spillage, or damage that could cause leakage under reasonably
					 foreseeable conditions in a container. The container must be closed,
					 structurally sound, compatible with the contents of the battery, and must lack
					 evidence of leakage, spillage, or damage that could cause leakage under
					 reasonably foreseeable conditions;
2. a large quantity handler of universal
					 waste may conduct the following activities as long as the casing of each
					 individual battery cell is not breached and remains intact and closed (except
					 that cells may be opened to remove electrolyte but must be immediately closed
					 after removal):
a. sorting batteries by
					 type;
b. mixing battery types in
					 one container;
c. discharging
					 batteries so as to remove the electric charge;
d. regenerating used batteries;
e. disassembling batteries or battery packs
					 into individual batteries or cells;
f. removing batteries from consumer products;
					 or
g. removing electrolyte from
					 batteries; and
3. a
					 large quantity handler of universal waste who removes electrolyte from
					 batteries, or who generates other solid waste (e.g., battery pack materials,
					 discarded consumer products) as a result of the activities listed above, must
					 determine whether the electrolyte and/or other solid waste exhibit a
					 characteristic of hazardous waste identified in LAC 33:V.4903:
a. if the electrolyte and/or other solid
					 waste exhibit a characteristic of hazardous waste, it must be managed in
					 compliance with all applicable requirements of these regulations. The handler
					 is considered the generator of the hazardous electrolyte and/or other waste and
					 is subject to LAC 33:V.Chapters 10 and 11;
b. if the electrolyte or other solid waste
					 does not exhibit a characteristic of hazardous waste, the handler may manage
					 the waste in any way that is in compliance with applicable federal, state or
					 local Solid Waste Regulations.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter C - Standards for Large Quantity Handlers of Universal Waste › Section V-3847 - Accumulation Time Limits

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 large quantity handler of universal waste may accumulate universal waste for no
					 longer than one year from the date the universal waste is generated, or
					 received from another handler, unless the requirements of Subsection B of this
					 Section are met.
B. A large
					 quantity handler of universal waste may accumulate universal waste for longer
					 than one year from the date the universal waste is generated, or received from
					 another handler, if such activity is solely for the purpose of accumulation of
					 such quantities of universal waste as necessary to facilitate proper recovery,
					 treatment, or disposal. However, the handler bears the burden of proving that
					 such activity was solely for the purpose of accumulation of such quantities of
					 universal waste as necessary to facilitate proper recovery, treatment, or
					 disposal.
C. A large quantity
					 handler of universal waste must be able to demonstrate the length of time that
					 the universal waste has been accumulated from the date it becomes a waste or is
					 received. The handler may make this demonstration by:
1. placing the universal waste in a container
					 and marking or labeling the container with the earliest date that any universal
					 waste in the container became a waste or was received;
2. marking or labeling the individual item of
					 universal waste (e.g., each battery or thermostat) with the date it became a
					 waste or was received;
3.
					 maintaining an inventory system on-site that identifies the date the universal
					 waste being accumulated became a waste or was received;
4. maintaining an inventory system on-site
					 that identifies the earliest date that any universal waste in a group of
					 universal waste items or a group of containers of universal waste became a
					 waste or was received;
5. placing
					 the universal waste in a specific accumulation area and identifying the
					 earliest date that any universal waste in the area became a waste or was
					 received; or
6. any other method
					 which clearly demonstrates the length of time that the universal waste has been
					 accumulated from the date it becomes a waste or is received.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter C - Standards for Large Quantity Handlers of Universal Waste › Section V-3849 - Employee Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 large quantity handler of universal waste must ensure that all employees are
					 thoroughly familiar with proper waste handling and emergency procedures,
					 relative to their responsibilities during normal facility operations and
					 emergencies.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter C - Standards for Large Quantity Handlers of Universal Waste › Section V-3851 - Response to Releases

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 large quantity handler of universal waste must immediately contain all releases
					 of universal wastes and other residues from universal wastes.
B. A large quantity handler of universal
					 waste must determine whether any material resulting from the release is
					 hazardous waste, and if so, must manage the hazardous waste in compliance with
					 all applicable requirements of these regulations. The handler is considered the
					 generator of the material resulting from the release, and is subject to LAC
					 33:V.Chapters 10 and 11.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.