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-109 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
For all purposes of these rules and regulations, the terms
					 defined in this Chapter shall have the following meanings, unless the context
					 of use clearly indicates otherwise.
Aboveground Tank
- a device meeting the
					 definition of
tank
in this Section and that is situated in
					 such a way that the entire surface area of the tank is completely above the
					 plane of the adjacent surrounding surface and the entire surface area of the
					 tank (including the tank bottom) is able to be visually inspected.
Accumulated Speculatively
-a material is
accumulated speculatively
if it is accumulated before being
					 recycled. A material is not accumulated speculatively, however, if the person
					 accumulating it can show that the material is potentially recyclable and has a
					 feasible means of being recycled; and that, during the calendar year
					 (commencing on January 1), the amount of material that is recycled, or
					 transferred to a different site for recycling, equals at least 75 percent by
					 weight or volume of the amount of that material accumulated at the beginning of
					 the period. Materials must be placed in a storage unit with a label indicating
					 the first date that the material began to be accumulated. If placing a label on
					 the storage unit is not practicable, (such as where material is stored in batch
					 tanks, continuous-flow tanks, waste piles, or containment buildings), the
					 accumulation period must be documented through an inventory log or other
					 appropriate method. In calculating the percentage of turnover, the 75 percent
					 requirement is to be applied to each material of the same type (e.g., slags
					 from a single smelting process) that is recycled in the same way (i.e., from
					 which the same material is recovered or that is used in the same way).
					 Materials accumulating in units that would be exempt from regulation under LAC
					 33:V.105.D.3 are not to be included in making the calculation. (Materials that
					 are already defined as solid wastes also are not to be included in making the
					 calculation.) Materials are no longer in this category once they are removed
					 from accumulation for recycling, however. For example, the following materials
					 are either excluded from the definition of solid waste, or are solid wastes,
					 and therefore are not included in any speculative accumulation
					 calculations:
1. scrap metal that is excluded under LAC
					 33:V.105.D.1.m;
2. commercial chemical products that are not used in a
					 manner constituting disposal (unless they are applied to the land and that is
					 their ordinary use), and are not burned for energy recovery (unless they are
					 themselves fuels) (LAC 33:V.109,
solid waste
, 3);
3. industrial ethyl alcohol that is reclaimed (LAC
					 33:V.4105.A.1.a);
4. fuels produced from the refining of oil-bearing
					 hazardous waste ( LAC 33:V.4105.A.1.c);
5. wastes from growing and harvesting of agricultural crops
					 (LAC 33:V.105.D.2.b.i);
6. wastes from raising of animals, including animal manures
					 (LAC 33:V.105.D.2.b.ii);
7. mining overburden returned to the mine site (LAC
					 33:V.105.D.2.c);
8. used chlorofluorocarbon refrigerants from totally
					 enclosed heat transfer equipment (LAC 33:V.105.D.2.m);
9. used oil re-refining distillation bottoms that are used
					 as feedstock to manufacture asphalt products (LAC 33:V.105.D.2.o);
10. materials excluded under closed loop recycling with
					 reclamation (LAC 33:V.105.D.1.h) or closed loop recycling without reclamation
					 (LAC 33:V.109,
solid waste
, 5.a.iii);
11. solvent wipes excluded under LAC 33:V.105.D.1.w.
Act
-the Louisiana Environmental Quality
					 Act,
					 R.S.
					 30:2001, et seq.
Active Life
- of a facility means the
					 period from the initial receipt of hazardous waste at the facility until the
					 administrative authority receives certification of final closure.
Active Portion
- that portion of a
					 facility where treatment, storage, or disposal operations are being or have
					 been conducted after August 1, 1979, and which is not a closed portion. (See
					 also
closed portion
and
inactive
					 portion.
)
Active Range
- a military range that is
					 currently in service and is being regularly used for range activities.
Acute Hazardous Waste
-hazardous wastes
					 that meet the listing criteria in LAC 33:4907.A.2 and therefore are either
					 listed in LAC 33:4901.B with the assigned hazard code of (H) or are listed in
					 LAC 33:4901.E.
Administrative Authority
- the Secretary
					 of the Department of Environmental Quality or his designee or the appropriate
					 assistant secretary or his designee.
Analogous Product
-a product made of raw
					 materials or made by competing companies with similar specifications for which
					 a hazardous secondary material substitutes.
Analogous Raw Material
-a material for
					 which a hazardous secondary material substitutes and which serves the same
					 function and has similar physical and chemical properties as the hazardous
					 secondary material.
Ancillary Equipment
- any device
					 including, but not limited to, such devices as piping, fittings, flanges,
					 valves and pumps that is used to distribute, meter, or control the flow or
					 hazardous waste from its point of generation to a storage or treatment tank(s),
					 between hazardous waste storage and treatment tanks to a point of disposal
					 onsite, or to a point of shipment for disposal off-site.
Aquifer
- a geologic formation, group of
					 formations, or part of a formation capable of yielding a significant amount of
					 groundwater to wells or springs.
Assets
- all existing and all probable
					 future economic benefits obtained or controlled by a particular entity.
Authorized Representative
- the person
					 responsible for the overall operation of a facility or an operational unit
					 (i.e., part of a facility), e.g., the plant manager, superintendent, or person
					 of equivalent responsibility.
Barrier
- a physical separation by natural
					 or constructed means which prevents or restricts the penetration to adjacent
					 areas of the harmful effects of hazardous wastes.
Basin
- any uncovered area constructed to
					 retain hazardous wastes.
Batch Tank-
a device meeting the
					 definition of
tank
in this Section that receives a batch (or
					 batches) of hazardous waste on a one-time or intermittent basis.
Boiler
- an enclosed device using
					 controlled flame combustion and having the following characteristics:
1. the unit must have physical provisions for recovering
					 and exporting thermal energy in the form of steam, heated fluids, or heated
					 gases and:
a. the unit's combustion chamber and primary energy
					 recovery section(s) must be of integral design. To be of integral design, the
					 combustion chamber and the primary energy recovery section(s) (such as
					 waterwalls and superheaters) must be physically formed into one manufactured or
					 assembled unit. A unit in which the combustion chamber and the primary energy
					 recovery section(s) are joined only by ducts or connections carrying flue gas
					 is not integrally designed; however, secondary energy recovery equipment (such
					 as economizers or air preheaters) need not be physically formed into the same
					 unit as the combustion chamber and the primary energy recovery section. The
					 following units are not precluded from being boilers solely because they are
					 not of integral design: process heaters (units that transfer energy directly to
					 a process stream), and fluidized bed combustion units; and
b. while in operation, the unit must maintain a thermal
					 energy recovery efficiency of at least 60 percent, calculated in terms of the
					 recovered energy compared with the thermal value of the fuel; and
c. the unit must export and utilize at least 75 percent of
					 the recovered energy, calculated on an annual basis. In this calculation, no
					 credit shall be given for recovered heat used internally in the same unit.
					 (Examples of internal use are the preheating of fuel or combustion air, and the
					 driving of induced or forced draft fans or feedwater pumps); or
2. the unit is one which the administrative authority has
					 determined, on a case-by-case basis, to be a boiler, after considering the
					 standards in LAC 33:V.105.K.
By-Product
- a material that is not one of
					 the primary products of a production process and is not solely or separately
					 produced by the production process. Examples are process residues such as slags
					 or distillation column bottoms. The term does not include a coproduct that is
					 produced for the general public's use and is ordinarily used in the form it is
					 produced by the process.
Carbon Regeneration Unit
- any enclosed
					 thermal treatment device used to regenerate spent activated carbon.
Carbon Dioxide Stream
-carbon dioxide that
					 has been captured from an emission source (e.g., power plant), plus incidental
					 associated substances derived from the source materials and the capture
					 process, and any substances added to the stream to enable or improve the
					 injection process.
Caretaker Management
- management by the
					 administrative authority, through an appointed manager to operate a hazardous
					 waste facility during the time the permit of the facility is revoked.
Category I Wastes
- chemicals and process
					 streams whose hazardous nature has been prescribed by prior determination and
					 which are presented in LAC 33:V.Chapter 49, i.e., from non-specific sources,
					 specific sources, acute hazardous wastes and toxic wastes.
Category II Wastes
- wastes possessing any
					 of the characteristics of the hazard classes listed in LAC 33:V.Chapter 49.
					 Hazard classes of concern for these wastes are ignitability, corrosivity,
					 reactivity and toxicity. Analytical protocols are detailed in LAC 33:V.Chapter
					 49.
Cathode Ray Tube or CRT
- a vacuum tube,
					 composed primarily of glass, that is the visual or video display component of
					 an electronic device. A
used, intact CRT
means a CRT whose
					 vacuum has not been released. A
used, broken CRT
means a CRT
					 that has had the glass removed from its housing or casing and whose vacuum has
					 been released.
Central Accumulation Area
-any on-site
					 hazardous waste accumulation area with hazardous waste accumulating in units
					 subject to either LAC 33.V.1013 (for small quantity generators) or LAC 33
					 :V.1015 (for large quantity generators).
Chemical Agents and Munitions
- defined in
					 50 U.S.C. Section 1521
					 (j)(1).
Closed Portion
- that portion of a
					 facility which an owner or operator has closed in accordance with the approved
					 facility closure plan and all applicable closure requirements. (See also
active portion
and
inactive portion
.)
Closure
- the act of securing and
					 rendering harmless a site which has been used to treat, store or dispose of a
					 hazardous waste so that it will pose no significant threat to human health or
					 the environment.
Closure Plan
- the plan for closure
					 prepared in accordance with the requirements of LAC 33:V.Chapter 35.
Commercial Boiler
- an industrial boiler
					 that recycles hazardous waste for a fee by means of combustion.
Commercial Facility
- a hazardous waste
					 treatment, storage or disposal facility which receives, treats, stores or
					 disposes of waste for a fee or other consideration.
Commercial Industrial Furnace
- an
					 industrial furnace that recycles hazardous waste for a fee by means of
					 combustion.
Competent Authorities-
the regulatory
					 authorities of concerned countries having jurisdiction over
transboundary movements
of waste destined for
recovery
					 operations.
Compliance Schedule
- remedial measures
					 including an enforceable sequence of events, operations, or milestone actions
					 leading to compliance with these rules and regulations and the Act.
Component
- either the tank or ancillary
					 equipment of a tank system.
Component
- any constituent part of a unit
					 or any group of constituent parts of a unit which are assembled to perform a
					 specific function (e.g., a pump seal, pump, kiln liner, kiln
					 thermocouple).
Concerned Countries
- the exporting and
					 importing Organization for Economic Cooperation and Development (OECD) member
					 countries and any OECD member countries of transit.
Confined Aquifer
- an aquifer bounded
					 above and below by aquicludes or by beds of distinctly lower permeability than
					 that of the aquifer itself; an aquifer containing confined groundwater.
Constituent
or
Hazardous Waste
					 Constituent
- any substance specified as a hazardous waste in any list
					 in these rules and regulations.
Contained-
held in a unit (including
land-based unit
as defined LAC 33:V.109) that meets the
					 following criteria:
1. the unit is in good condition, with no leaks or other
					 continuing or intermittent unpermitted releases of the hazardous secondary
					 materials to the environment, and is designed, as appropriate for the hazardous
					 secondary materials, to prevent releases of hazardous secondary materials to
					 the environment. Unpermitted releases are releases that are not covered by a
					 permit (such as a permit to discharge to water or air) and may include, but are
					 not limited to, releases through surface transport by precipitation runoff,
					 releases to soil and groundwater, wind-blown dust, fugitive air emissions, and
					 catastrophic unit failures;
2. the unit is properly labeled or otherwise has a system
					 (such as a log) to immediately identify the hazardous secondary materials in
					 the unit;
3. the unit holds hazardous secondary materials that are
					 compatible with other hazardous secondary materials placed in the unit and is
					 compatible with the materials used to construct the unit and addresses any
					 potential risks of fires or explosions;
4. hazardous secondary materials in units that meet the
					 applicable requirements of LAC 33:V.Subpart 1 are presumptively contained.
Container
- any portable device in which a
					 material is stored, transported, treated, disposed of or otherwise
					 handled.
Containment Building
- a hazardous waste
					 management unit that is used to store or treat hazardous waste under the
					 provisions of LAC 33:V.1801 or 4701.
Contingency Plan
- a document setting out
					 an organized, planned, and coordinated course of action to be followed in case
					 of a fire, explosion, or release of hazardous waste or hazardous waste
					 constituents which could threaten human health or the environment.
Continuous-Flow Tank-
a device meeting the
					 definition of
tank
in this Section that receives hazardous
					 waste on an ongoing, continuous basis.
Corrosion Expert
- a person who, by reason
					 of his knowledge of the physical sciences and the principles of engineering and
					 mathematics, acquired by a professional education and related practical
					 experience, is qualified to engage in the practice of corrosion control on
					 buried or submerged metal piping systems and metal tanks. Such a person must be
					 certified as being qualified by the National Association of Corrosion Engineers
					 (NACE) or be a registered professional engineer who has certification or
					 licensing in the state of Louisiana that includes education and experience in
					 corrosion control on buried or submerged metal piping systems and metal
					 tanks.
Corrosive Waste
- a waste subject to these
					 regulations pursuant to provisions of LAC 33:V.4903.C which, because of such
					 properties as acidity or alkalinity, would tend to weaken or erode a common
					 construction material.
Country of Export-
any designated
OECD
member country listed in LAC 33:V.1113.I.1.a from which a
transboundary movement
of
hazardous waste
is
					 planned to be initiated, or is initiated.
Country of Import-
any designated
OECD
member country listed in LAC 33:V.1113.I.1.a to which a
transboundary movement
of
hazardous waste
is
					 planned, or takes place, for the purpose of submitting the waste to
recovery operations
therein.
Country of Transit
- any designated
OECD
member country listed in LAC 33:V.1113.I.1.a and b other
					 than the exporting or importing country across which a
transboundary
					 movement
of
hazardous waste
is planned or takes
					 place.
CRT Collector
- a person who receives
					 used, intact CRTs for recycling, repair, resale, or donation.
CRT Exporter
-any person in the United
					 States who initiates a transaction to send used CRTs outside the United States
					 or its territories for recycling or reuse, or an intermediary in the United
					 States arranging for such export.
CRT Glass Manufacturer
- an operation or
					 part of an operation that uses a furnace to manufacture CRT glass.
CRT Processing
- conducting any of the
					 following activities:
1. receiving broken or intact CRTs;
2. intentionally breaking intact CRTs or further breaking
					 or separating broken CRTs; or
3. sorting or otherwise managing glass removed from
					 CRTs.
Current Assets
- cash, other assets, or
					 resources commonly identified as those which are reasonably expected to be
					 realized in cash or sold or consumed during the normal operating cycle of the
					 business.
Current Closure Cost Estimate
- the most
					 recent of the estimates prepared in accordance with LAC 33:V.3705.
Current Liabilities
- obligations whose
					 liquidation is reasonably expected to require the use of existing resources
					 properly classifiable as current assets or the creation of other current
					 liabilities.
Current Plugging and Abandonment Cost
					 Estimates
- the most recent cost estimate for plugging and abandonment
					 of disposal wells prepared for
					 40 CFR
					 144.62, Office of Conservation, or other
					 substantially equivalent state program(s).
Current Post-Closure Cost Estimate
- the
					 most recent of the estimates prepared in accordance with LAC 33:V.3709.
Date of Issuance of the Hazardous Waste
					 Permit
- the date shown on the hazardous waste permit as the date of
					 issue.
Department
- Department of Natural
					 Resources, or after February 1, 1984, Department of Environmental Quality,
					 pursuant to Act 97 of 1983.
Designated Facility
-
1. A
designated facility
is a hazardous
					 waste treatment, storage, or disposal facility that:
a. has received a permit (or interim status) in accordance
					 with the requirements of LAC 33:V.Chapters 1, 3, 5, 7, 27, 31, and 43;
b. has received a permit (or interim status) from a state
					 authorized in accordance with  40 CFR 271 ; or
c. is regulated under the applicable Sections of  40 CFR
					 266, LAC 33:V.Chapter 41, or equivalent regulation of other states; and
d. has been designated on the manifest by the generator in
					 accordance with LAC 33:V.105.H.
2.
Designated facility
also means a
					 generator site designated on the manifest to receive its waste as a return
					 shipment from a facility that has rejected the waste in accordance with LAC
					 33:V.1516.C.
3. If a waste is destined for a facility in an authorized
					 state that has not yet obtained authorization to regulate that particular waste
					 as hazardous, then the
designated facility
must be a facility
					 allowed by the receiving state to accept such waste.
Dike
- an embankment, levee, or ridge of
					 either natural or man-made materials used to prevent the movement of liquids,
					 sludges, solids or other materials.
Dioxins and Furans (D/F)
- tetra, penta,
					 hexa, hepta, and octa-chlorinated dibenzo dioxins and furans.
Discarded
- a material is discarded if it
					 is abandoned (and not used, re-used, reclaimed, or recycled) by being disposed
					 of; or burned or incinerated, except where the material is being burned as a
					 fuel for the purpose of recovering usable energy; or physically, chemically, or
					 biologically treated (other than burned or incinerated) in lieu of or prior to
					 being disposed of.
Discharge or Hazardous Waste Discharge
-
					 the placing, spilling, releasing, percolating, draining, seeping, disposing,
					 bypassing, or other escaping of pollutants into the air, waters, subsurface
					 water, or the ground as the result of a prior act or omission; or the placing
					 of pollutants into natural or man-made pits or drums, barrels or similar
					 containers under conditions and circumstances that leaking, seeping, draining
					 or escaping of the pollutants can be reasonably anticipated.
Displacement
- the relative movement of
					 any two sides of a fault measured in any direction.
Disposal
- the discharge, deposit,
					 injection, dumping, spilling, leaking or placing of any hazardous waste into or
					 on any land or water so that such hazardous waste or any constituent thereof
					 may enter the environment or be emitted into the air or discharged into any
					 waters, including groundwaters of the state.
Disposal Facility
- a facility or part of
					 a facility at which hazardous waste is intentionally placed into or on any land
					 or water and at which the waste will remain after closure. The term disposal
					 facility does not include a corrective action management unit into which
					 remediation wastes are placed.
Disposer
- any person or agency who
					 operates a treatment, storage and/or disposal facility.
Domestic Sewage
- untreated sanitary
					 wastes that pass through a sewer system.
Drip Pad
- an engineered structure
					 consisting of a curbed, free-draining base, constructed of non-earthen
					 materials and designed to convey preservative kick-back or drippage from
					 treated wood, precipitation, and surface water run-on to an associated
					 collection system at wood preserving plants.
Electronic Manifest
(or
e-Manifest)
-the electronic format of the hazardous waste
					 manifest that is obtained from EPAs national e-manifest system and transmitted
					 electronically to the system, and that is the legal equivalent of EPA Forms
					 8700-22 (manifest) and 8700-22A (continuation sheet).
Electronic Manifest System
(or
e-Manifest System)
-EPAs national information technology system
					 through which the electronic manifest may be obtained, completed, transmitted,
					 and distributed to users of the electronic manifest and to regulatory
					 agencies.
Elementary Neutralization Unit
-a device
					 that:
1. is used for neutralizing wastes that are hazardous only
					 because they exhibit the corrosivity characteristic defined in LAC 33:V.4903.C,
					 or they are listed in LAC 33:V.4901 only for this reason; and
2. meets the definition of
tank
,
tank system
,
container
,
transport
					 vehicle
, or
vessel
in LAC 33:V.109.
Emergency Action
- a situation in which
					 there is no feasible alternative, other than the extraordinary actions
					 authorized, to avoid loss of life, serious injury to human health or the
					 environment, or severe damage to property.
Empty Container
-
1.
a. any hazardous waste remaining in either of the following
					 is not subject to regulation under LAC33:V.Chapters 1-38, 41, 43, 49, or to the
					 notification requirements of LAC 33:V.105.A:
i. an empty container; or
ii. an inner liner removed from an empty container, as
					 defined in Paragraph 2 of this definition;
b. any hazardous waste in either of the following is
					 subject to regulation under LAC 33:V.Chapters 1-38, 41, 43, 49, or to the
					 notification requirements of LAC 33:V.105.A:
i. a container that is not empty; or
ii. an inner liner removed from a container that is not
					 empty, as defined in Paragraph 2 of this definition;
2.
a. a container or an inner liner removed from a container
					 that has held any hazardous waste, except a waste that is a compressed gas or
					 that is identified as an acutely hazardous waste listed in LAC 33:V.4901.B or
					 E, is empty if:
i.
(a). all wastes have been removed that can be removed using
					 the practices commonly employed to remove materials from that type of
					 container, e.g., pouring, pumping, and aspirating; and
(b). no more than 2.5 centimeters (1 inch) of residue
					 remain on the bottom of the container or inner liner; or
ii.
(a). no more than 3 percent by weight of the total capacity
					 of the container remains in the container or inner liner if the container is
					 less than or equal to 119 gallons in size; or
(b). no more than 0.3 percent by weight of the total
					 capacity of the container remains in the container or inner liner if the
					 container is greater than 119 gallons in size;
b. a container that has held a hazardous waste that is a
					 compressed gas is empty when the pressure in the container approaches
					 atmospheric;
c. a container or an inner liner removed from a container
					 that has held an acutely hazardous waste listed in LAC 33:V.4901.B or E, is
					 empty if:
i. the container or inner liner has been triple rinsed
					 using a solvent capable of removing the commercial chemical product or
					 manufacturing chemical intermediate;
ii. the container or inner liner has been cleaned by
					 another method that has been shown in the scientific literature, or by tests
					 conducted by the generator, to achieve equivalent removal; or
iii. in the case of a container, the inner liner that
					 prevented contact of the commercial chemical product or manufacturing chemical
					 intermediate with the container has been removed.
EPA Acknowledgement of Consent
- the cable
					 sent to the EPA from the United States Embassy in a receiving country that
					 acknowledges the written consent of the receiving country to accept the
					 hazardous waste and describes the terms and conditions of the receiving
					 country's consent to the shipment.
EPA Identification Number
-the number
					 assigned by EPA to each generator, transporter, and treatment, storage, or
					 disposal facility. An EPA identification number is site-specific. If a facility
					 moves to another location, the owner/operator must obtain a new EPA
					 identification number for the facility.
EPA Hazardous Waste Number
- the number
					 assigned by EPA to each hazardous waste (see LAC 33:V.Chapter 49).
EPA Identification Number
- the number
					 assigned by EPA to each generator, transporter, and treatment, storage, or
					 disposal facility.
Equivalent Method
- any testing or
					 analytical method approved by the administrative authority.
Excluded Scrap Metal
- processed scrap
					 metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.
Existing Facilities
- hazardous waste
					 facilities in operation or for which construction commenced on or before August
					 1, 1979. A facility has commenced construction if the owner or operator has
					 obtained the federal, state and local approvals or permits necessary to begin
					 physical construction; and either: a continuous on-site, physical construction
					 program has begun; or the owner or operator has entered into contractual
					 obligations (which cannot be canceled or modified without substantial loss) for
					 physical construction of the facility to be completed within a reasonable
					 time.
Existing Hazardous Waste Management (HWM)
					 Facility
or
Existing Facility
- a facility which was
					 in operation or for which construction commenced on or before November 19,
					 1980. A facility has commenced construction if:
1. the owner or operator has obtained the federal, state
					 and local approvals or permits necessary to begin physical construction, and
					 either:
a. a continuous on-site, physical construction program has
					 begun; or
b. the owner or operator has entered into contractual
					 obligations- which cannot be canceled or modified without substantial loss- for
					 physical construction of the facility to be completed within a reasonable
					 time.
Existing Portion
- that land surface area
					 of an existing waste management unit, included in the original Part I permit
					 application, on which wastes have been placed prior to the issuance of a
					 permit.
Existing Tank System
or
Existing
					 Component
- a tank system or component that is used for the storage or
					 treatment of hazardous waste and that is in operation, or for which
					 installation has commenced on or prior to July 14, 1986. Installation will be
					 considered to have commenced if the owner or operator has obtained all federal,
					 state, and local approvals or permits necessary to begin physical construction
					 of the site or installation of the tank system and if either:
1. a continuous on-site physical construction or
					 installation program has begun; or
2. the owner or operator has entered into contractual
					 obligations-which cannot be canceled or modified without substantial loss-for
					 physical construction of the site or installation of the tank system to be
					 completed within a reasonable time.
Explosives or Munitions Emergency
- a
					 situation involving the suspected or detected presence of unexploded ordnance
					 (UXO), damaged or deteriorated explosives or munitions, an improvised explosive
					 device (IED), other potentially explosive materials or devices, or other
					 potentially harmful military chemical munitions or devices, that creates an
					 actual or potential imminent threat to human health, including safety, or the
					 environment, including property, as determined by an explosives or munitions
					 emergency response specialist. Such situations may require immediate and
					 expeditious action by an explosives or munitions emergency response specialist
					 to control, mitigate, or eliminate the threat.
Explosives or Munitions Emergency
					 Response
- all immediate response activities by an explosives and
					 munitions emergency response specialist to control, mitigate, or eliminate the
					 actual or potential threat encountered during an explosives or munitions
					 emergency. An explosives or munitions emergency response may include in-place
					 render-safe procedures, treatment or destruction of the explosives or
					 munitions, and/or transporting those items to another location to be rendered
					 safe, treated, or destroyed. Any reasonable delay in the completion of an
					 explosives or munitions emergency response caused by a necessary, unforeseen,
					 or uncontrollable circumstance will not terminate the explosives or munitions
					 emergency. Explosives and munitions emergency responses can occur on either
					 public or private lands and are not limited to responses at RCRA
					 facilities.
Explosives or Munitions Emergency Response
					 Specialist
- an individual trained in chemical or conventional
					 munitions or explosives handling, transportation, render-safe procedures, or
					 destruction techniques. Explosives or munitions emergency response specialists
					 include Department of Defense (DOD) emergency explosive ordnance disposal
					 (EOD), technical escort unit (TEU), DOD-certified civilian or contractor
					 personnel, and other federal, state, or local government or civilian personnel
					 similarly trained in explosives or munitions emergency responses.
Exporter
- the person under the
					 jurisdiction of the
country of export
who has, or will have at
					 the time of the
transboundary movement
, possession or other
					 forms of legal control of the waste and who proposes
transboundary
					 movement
of the
hazardous waste
for the ultimate
					 purpose of submitting it to
recovery operations
. When the
					 United States (U.S.) is the
country of export
,
exporter
is interpreted to mean a person domiciled in the
					 United States.
Exporting Country
-any designated
OECD
member country listed in LAC 33:V.1113.I.1.a from which a
transboundary movement
of waste is planned or has
					 commenced.
Facilities
- a group of units (each an
					 individual facility) on a site operated to treat, store, and/or dispose of
					 hazardous waste.
Facility-
1. all contiguous land and structures, other appurtenances,
					 and improvements on the land used for treating, storing, or disposing of
					 hazardous waste, or for managing hazardous secondary materials prior to
					 reclamation. A facility may consist of several treatment, storage, or disposal
					 operational units (e.g., one or more landfills, surface impoundments or a
					 combination of them); or
2. for the purpose of implementing corrective action under
					 LAC 33:V.3322, all the contiguous property under the control of the owner or
					 operator seeking a permit under subtitle C of RCRA. This definition also
					 applies to facilities implementing corrective actions under RCRA section
					 3008(h);
3. notwithstanding Paragraph 2 of this definition, a
					 remediation waste management site is not a facility that is subject to LAC
					 33:V.3322, but is subject to corrective action requirements if the site is
					 located within such a facility.
Facility Mailing List
- the mailing list
					 for a facility maintained by the department in accordance with LAC
					 33:V.717.A.1.e.
Fault
- a fracture along which rocks or
					 soils on one side have been displaced with respect to those on the other
					 side.
Federal Agency
- any department, agency,
					 or other instrumentality of the federal government, any independent agency or
					 establishment of the federal government including any government corporation,
					 and the Government Printing Office.
Federal, State, and Local Approvals
or
Permits Necessary to Begin Physical Construction
- permits and
					 approvals required under federal, state, or local statutes, regulations or
					 ordinances.
Final Closure
-the closure of all hazardous
					 waste management units at the facility in accordance with all applicable
					 closure requirements so that hazardous waste management activities under LAC
					 33:V.Chapters 15, 19, 21, 23, 25, 27, 29, 31, 33, 35 and 43 are no longer
					 conducted unless subject to provisions of LAC 33:V.1011, 1013, and 1015.
Final Permit
- same as
Permit
.
Food-Chain Crops
- tobacco, crops grown
					 for human consumption, and crops grown for feed for animals whose products are
					 consumed by humans.
Foreign Source
- any hazardous waste
					 originating from other than the 50 states, the District of Columbia, the
					 Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
					 Commonwealth of the Northern Mariana Islands, or any other territory or
					 protectorate.
Freeboard
- the vertical distance between
					 the top of a tank or surface impoundment dike, and the surface of the waste
					 contained therein.
Free Liquids
- liquids which readily
					 separate from the solid portion of a waste under ambient temperature and
					 pressure.
Fresh-Water Aquifer
- water-bearing
					 formations capable of yielding usable quantities of groundwater with dissolved
					 minerals less than 10,000 mg/L to drinking water wells, pumps, springs, or
					 streams.
Functionally Equivalent Component
- a
					 component that performs the same function or measurement and that meets or
					 exceeds the performance specifications of another component.
Gasification
-Repealed.
Generator
- any person, by site, whose act
					 or process produces hazardous waste identified or listed, or whose act first
					 causes a hazardous waste to become subject to regulation.
Groundwater
- water located beneath the
					 ground surface or below a surface water body in a saturated zone or
					 stratum.
Hazardous Material
- a material designated
					 under Louisiana Department of Public Safety regulations or its successor agency
					 to be capable of posing an unreasonable risk to health, safety, or property
					 when transported.
Hazardous Secondary Material-
a secondary
					 material (e.g., spent material, by-product, or sludge) that, when discarded,
					 would be identified as hazardous waste under LAC 33:V.Subpart 1.
Hazardous Secondary Material Generator-
any person whose act or process produces hazardous secondary materials at the
					 generating facility. For purposes of this LAC 33:V.Subpart 1, "generating
					 facility" means all contiguous property owned, leased, or otherwise controlled
					 by the hazardous secondary material generator. Under LAC 33:V.105.D.1.x
					 ("hazardous secondary materials reclaimed under the control of the generator"),
					 a facility that collects hazardous secondary materials from other persons is
					 not the hazardous secondary material generator.
Hazardous Waste
- a
solid
					 waste
, as defined in this Section, is a hazardous waste if:
1. it is not excluded from regulation as a hazardous waste
					 under LAC 33:V.105.D; and
2. it meets any of the following criteria:
a. it exhibits any of the characteristics of hazardous
					 waste identified in LAC 33:V.4903. However, any mixture of a waste from the
					 extraction, beneficiation, or processing of ores and minerals excluded under
					 LAC 33:V.105.D.2.h and any other solid waste exhibiting a characteristic of
					 hazardous waste under LAC 33:V.4903 is a hazardous waste only if it exhibits a
					 characteristic that would not have been exhibited by the excluded waste alone
					 if such mixture had not occurred; or if it continues to exhibit any of the
					 characteristics exhibited by the nonexcluded wastes prior to mixture. Further,
					 for the purposes of applying the toxicity characteristic to such mixtures, the
					 mixture is also a hazardous waste if it exceeds the maximum concentration for
					 any contaminant listed in LAC 33:V.4903.E, Table 5 that would not have been
					 exceeded by the excluded waste alone if the mixture had not occurred or if it
					 continues to exceed the maximum concentration for any contaminant exceeded by
					 the nonexempt waste prior to mixture;
b. it is listed in LAC 33:V.4901 and has not been excluded
					 from the lists in LAC 33:V.4901 by the Environmental Protection Agency or the
					 administrative authority;
c. it is a mixture of solid waste and one or more hazardous
					 wastes listed in LAC 33:V.4901 and has not been excluded from Paragraph 2 or
					 Subparagraphs 4.e and f of this definition under LAC 33:V.105.D and M; however,
					 the following mixtures of solid wastes and hazardous wastes listed in LAC
					 33:V.4901 are not hazardous wastes (except by application of Subparagraph 2.a
					 or b of this definition) if the generator can demonstrate that the mixture
					 consists of wastewater, the discharge of which is subject to regulation under
					 either Section 402 or
					 Section
					 307(b) of the
					 Clean Water Act (including wastewater at facilities that have eliminated the
					 discharge of wastewater), and:
i. one or more of the following spent solvents listed in
					 LAC 33:V.4901.B- benzene, carbon tetrachloride, tetrachloroethylene,
					 trichloroethylene, or scrubber waters derived from the combustion of these
					 spent solvents-provided that the maximum total weekly usage of these solvents
					 (other than the amounts that can be demonstrated not to be discharged to
					 wastewater) divided by the average weekly flow of wastewater into the headworks
					 of the facility's wastewater treatment or pretreatment system does not exceed 1
					 part per million, or the total measured concentration of these solvents
					 entering the headworks of the facility's wastewater treatment system (at
					 facilities subject to regulation under the Clean Air Act as amended, at  40 CFR
					 Part 60, 61, or 63, as incorporated by reference at LAC 33:III.3003, 5116, and
					 5122, respectively, or at facilities subject to an enforceable limit in a
					 federal operating permit that minimizes fugitive emissions) does not exceed 1
					 part per million on an average weekly basis. Any facility that uses benzene as
					 a solvent and claims this exemption must use an aerated biological wastewater
					 treatment system and must use only lined surface impoundments or tanks prior to
					 secondary clarification in the wastewater treatment system. Facilities that
					 choose to measure concentration levels must file a copy of their sampling and
					 analysis plan with the administrative authority. A facility must file a copy of
					 a revised sampling and analysis plan only if the initial plan is rendered
					 inaccurate by changes in the facility's operations. The sampling and analysis
					 plan must include the monitoring point location (headworks), the sampling
					 frequency and methodology, and a list of constituents to be monitored. A
					 facility is eligible for the direct monitoring option once it receives
					 confirmation that the sampling and analysis plan has been received by the
					 administrative authority. The administrative authority may reject the sampling
					 and analysis plan if it finds that the sampling and analysis plan fails to
					 include the above information, or the plan parameters would not enable the
					 facility to calculate the weekly average concentration of these chemicals
					 accurately. If the administrative authority rejects the sampling and analysis
					 plan or if the administrative authority finds that the facility is not
					 following the sampling and analysis plan, the administrative authority shall
					 notify the facility to cease the use of the direct monitoring option until such
					 time as the bases for rejection are corrected; or
ii. one or more of the following spent solvents listed in
					 LAC 33:V.4901.B-methylene chloride, 1,1,1-trichloroethane, chlorobenzene,
					 o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl
					 ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon
					 solvents, 2-ethoxyethanol, or the scrubber waters derived from the combustion
					 of these spent solvents- provided that the maximum total weekly usage of these
					 solvents (other than the amounts that can be demonstrated not to be discharged
					 to wastewater) divided by the average weekly flow of wastewater into the
					 headworks of the facility's wastewater treatment or pretreatment system does
					 not exceed 25 parts per million, or the total measured concentration of these
					 solvents entering the headworks of the facility's wastewater treatment system
					 (at facilities subject to regulation under the Clean Air Act as amended, at  40
					 CFR Part 60, 61, or 63, as incorporated by reference at LAC 33:III.3003, 5116,
					 and 5122, respectively, or at facilities subject to an enforceable limit in a
					 federal operating permit that minimizes fugitive emissions) does not exceed 25
					 parts per million on an average weekly basis. Facilities that choose to measure
					 concentration levels must file a copy of their sampling and analysis plan with
					 the administrative authority. A facility must file a copy of a revised sampling
					 and analysis plan only if the initial plan is rendered inaccurate by changes in
					 the facility's operations. The sampling and analysis plan must include the
					 monitoring point location (headworks), the sampling frequency and methodology,
					 and a list of constituents to be monitored. A facility is eligible for the
					 direct monitoring option once it receives confirmation that the sampling and
					 analysis plan has been received by the administrative authority. The
					 administrative authority may reject the sampling and analysis plan if it finds
					 that the sampling and analysis plan fails to include the above information, or
					 the plan parameters would not enable the facility to calculate the weekly
					 average concentration of these chemicals accurately. If the administrative
					 authority rejects the sampling and analysis plan or if the administrative
					 authority finds that the facility is not following the sampling and analysis
					 plan, the administrative authority shall notify the facility to cease the use
					 of the direct monitoring option until such time as the bases for rejection are
					 corrected; or
iii. one of the following wastes listed in LAC 33:V.4901.C,
					 provided that the wastes are discharged to the refinery oil recovery sewer
					 before primary oil/water/solids separation-heat exchanger bundle cleaning
					 sludge from the petroleum refining industry (EPA Hazardous Waste Number K050),
					 crude oil storage tank sediment from petroleum refining operations (EPA
					 Hazardous Waste Number K169), clarified slurry oil tank sediment and/or in-line
					 filter/separation solids from petroleum refining operations (EPA Hazardous
					 Waste Number K170), spent hydrotreating catalyst (EPA Hazardous Waste Number
					 K171), and spent hydrorefining catalyst (EPA Hazardous Waste Number K172);
					 or
iv. a discarded hazardous waste, commercial chemical
					 product, or chemical intermediate listed in LAC 33:V.4901.A, B.1-2, and C-F
					 arising from de minimis losses of these materials. For purposes of this Clause,
					 de minimis losses are inadvertent releases to a wastewater treatment system,
					 including those from normal material handling operations (e.g., spills from the
					 unloading or transfer of materials from bins or other containers, leaks from
					 pipes, valves, or other devices used to transfer materials); minor leaks of
					 process equipment, storage tanks, or containers; leaks from well-maintained
					 pump packings and seals; sample purgings; relief device discharges; discharges
					 from safety showers and rinsing and cleaning of personal safety equipment; and
					 rinsate from empty containers or from containers rendered empty by that
					 rinsing. Any manufacturing facility that claims an exemption for de minimis
					 quantities of wastes listed in LAC 33:V.4901.B and C, or any nonmanufacturing
					 facility that claims an exemption for de minimis quantities of wastes listed in
					 LAC 33:V.Chapter 49, must either have eliminated the discharge of wastewaters
					 or have included in its Clean Water Act permit application or submission to its
					 pretreatment control authority the constituents for which each waste was listed
					 in LAC 33:V.4901.G and the constituents in LAC 33:V.2299.Table 2, Treatment
					 Standards for Hazardous Wastes, for which each waste has a treatment standard
					 (i.e., Land Disposal Restriction constituents). A facility is eligible to claim
					 the exemption once the administrative authority has been notified of possible
					 de minimis releases via the Clean Water Act permit application or the
					 pretreatment control authority submission. A copy of the Clean Water Act permit
					 application or the submission to the pretreatment control authority must be
					 placed in the facility's on-site files; or
v. wastewater resulting from laboratory operations
					 containing toxic (T) wastes listed in LAC 33:V.4901, provided that the
					 annualized average flow of laboratory wastewater does not exceed 1 percent of
					 total wastewater flow into the headworks of the facility's wastewater treatment
					 or pretreatment system, or provided the wastes' combined annualized average
					 concentration does not exceed 1 part per million in the headworks of the
					 facility's wastewater treatment or pretreatment facility. Toxic (T) wastes used
					 in laboratories that are demonstrated not to be discharged to wastewater are
					 not to be included in this calculation; or
vi. one or more of the following wastes listed in LAC
					 33:V.4901.C-wastewaters from the production of carbamates and carbamoyl oximes
					 (EPA Hazardous Waste Number K157)-provided that the maximum weekly usage of
					 formaldehyde, methyl chloride, methylene chloride, and triethylamine (including
					 all amounts that cannot be demonstrated to be reacted in the process, destroyed
					 through treatment, or recovered, i.e., what is discharged or volatilized)
					 divided by the average weekly flow of process wastewater prior to any dilution
					 into the headworks of the facility's wastewater treatment system does not
					 exceed a total of 5 parts per million by weight, or the total measured
					 concentration of these chemicals entering the headworks of the facility's
					 wastewater treatment system (at facilities subject to regulation under the
					 Clean Air Act as amended, at   40 CFR Part 60, 61, or 63, as incorporated by
					 reference at LAC 33:III.3003, 5116, and 5122, respectively, or at facilities
					 subject to an enforceable limit in a federal operating permit that minimizes
					 fugitive emissions) does not exceed 5 parts per million on an average weekly
					 basis. Facilities that choose to measure concentration levels must file a copy
					 of their sampling and analysis plan with the administrative authority. A
					 facility must file a copy of a revised sampling and analysis plan only if the
					 initial plan is rendered inaccurate by changes in the facility's operations.
					 The sampling and analysis plan must include the monitoring point location
					 (headworks), the sampling frequency and methodology, and a list of constituents
					 to be monitored. A facility is eligible for the direct monitoring option once
					 it receives confirmation that the sampling and analysis plan has been received
					 by the administrative authority. The administrative authority may reject the
					 sampling and analysis plan if it finds that the sampling and analysis plan
					 fails to include the above information, or the plan parameters would not enable
					 the facility to calculate the weekly average concentration of these chemicals
					 accurately. If the administrative authority rejects the sampling and analysis
					 plan or if the administrative authority finds that the facility is not
					 following the sampling and analysis plan, the administrative authority shall
					 notify the facility to cease the use of the direct monitoring option until such
					 time as the bases for rejection are corrected; or
vii. wastewaters derived from the treatment of one or more
					 of the following wastes listed in LAC 33:V.4901.C- organic waste (including
					 heavy ends, still bottoms, light ends, spent solvents, filtrates, and
					 decantates) from the production of carbamates and carbamoyl oximes (EPA
					 Hazardous Waste Number K156)-provided that the maximum concentration of
					 formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to
					 any dilutions into the headworks of the facility's wastewater treatment system
					 does not exceed a total of 5 milligrams per liter, or the total measured
					 concentration of these chemicals entering the headworks of the facility's
					 wastewater treatment system (at facilities subject to regulation under the
					 Clean Air Act as amended, at 40 CFR Part 60, 61, or 63, as incorporated by
					 reference at LAC 33:III.3003, 5116, and 5122, respectively, or at facilities
					 subject to an enforceable limit in a federal operating permit that minimizes
					 fugitive emissions) does not exceed 5 milligrams per liter on an average weekly
					 basis. Facilities that choose to measure concentration levels must file a copy
					 of their sampling and analysis plan with the administrative authority. A
					 facility must file a copy of a revised sampling and analysis plan only if the
					 initial plan is rendered inaccurate by changes in the facility's operations.
					 The sampling and analysis plan must include the monitoring point location
					 (headworks), the sampling frequency and methodology, and a list of constituents
					 to be monitored. A facility is eligible for the direct monitoring option once
					 it receives confirmation that the sampling and analysis plan has been received
					 by the administrative authority. The administrative authority may reject the
					 sampling and analysis plan if it finds that the sampling and analysis plan
					 fails to include the above information, or the plan parameters would not enable
					 the facility to calculate the weekly average concentration of these chemicals
					 accurately. If the administrative authority rejects the sampling and analysis
					 plan or if the administrative authority finds that the facility is not
					 following the sampling and analysis plan, the administrative authority shall
					 notify the facility to cease the use of the direct monitoring option until such
					 time as the bases for rejection are corrected; and
d. Rebuttable Presumption for Used Oil. Used oil containing
					 more than 1,000 ppm total halogens is presumed to be a hazardous waste because
					 it has been mixed with halogenated hazardous waste listed in LAC 33:V.4901.
					 Persons may rebut this presumption by demonstrating that the used oil does not
					 contain hazardous waste (e.g., by showing that the used oil does not contain
					 significant concentrations of halogenated hazardous constituents listed in LAC
					 33:V.3105, Table 1):
i. the rebuttable presumption does not apply to
					 metalworking oils/fluids containing chlorinated paraffins, if they are
					 processed through a tolling agreement, to reclaim metalworking oils/fluids. The
					 presumption does apply to metalworking oils/fluids if such oils/fluids are
					 recycled in any other manner or disposed;
ii. the rebuttable presumption does not apply to used oils
					 contaminated with Chlorofluorocarbons (CFCs) removed from refrigeration units
					 where the CFCs are destined for reclamation. The rebuttable presumption does
					 apply to used oils contaminated with CFCs that have been mixed with used oil
					 from sources other than refrigeration units;
3. a solid waste which is not excluded from regulation
					 under LAC 33:V.105.D becomes a hazardous waste when any of the following events
					 occur:
a. in the case of a waste listed in LAC 33:V.4901, when the
					 waste first meets the listing description set forth in LAC 33:V.4901;
b. in the case of a mixture of solid waste and one or more
					 listed hazardous wastes, when a hazardous waste listed in LAC 33:V.4901 is
					 first added to the solid waste; and
c. in the case of any other waste (including a waste
					 mixture), when the waste exhibits any of the characteristics identified in LAC
					 33:V.4903;
4. unless and until a hazardous waste meets the criteria of
					 Paragraph 5 of this definition:
a. a hazardous waste will remain a hazardous waste;
b.
i. except as otherwise provided in Clause 4.b.ii,
					 Subparagraph 4.f, or Paragraph 6 of this definition, any solid waste generated
					 from the treatment, storage, or disposal of a hazardous waste, including any
					 sludge, spill residue, ash, emission control dust, or leachate (but not
					 including precipitation runoff) is a hazardous waste (However, materials that
					 are reclaimed from solid waste and that are used beneficially are not solid
					 wastes and hence are not hazardous wastes under this provision unless the
					 reclaimed material is burned for energy recovery or used in a manner
					 constituting disposal.);
ii. the following solid wastes are not hazardous even
					 though they are generated from the treatment, storage, or disposal of hazardous
					 waste, unless they exhibit one or more of the characteristics of hazardous
					 wastes:
(a). waste pickle liquor sludge generated by lime
					 stabilization of spent pickle liquor from the iron and steel industry (SIC
					 Codes 331 and 332);
(b). waste from burning any of the materials exempted from
					 regulation by LAC 33:V.4105.A.1.c and d.i;
(c).
(i). nonwastewater residues, such as slag, resulting from
					 High-Temperature Metals Recovery (HTMR) processing of K061, K062, or F006
					 waste, in units identified as rotary kilns, flame reactors, electric furnaces,
					 plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace
					 combinations, or industrial furnaces (as defined in Industrial Furnace,
					 Paragraphs 6, 7 and 13, in this Section), that are disposed of in Subtitle D
					 units, provided that these residues meet the generic exclusion levels
					 identified in Tables A and B of this definition for all constituents and
					 exhibit no characteristics of hazardous waste. Testing requirements must be
					 incorporated in a facility's waste analysis plan or a generator's
					 self-implementing waste analysis plan; at a minimum, composite samples of
					 residues must be collected and analyzed quarterly and/or when the process or
					 operation generating the waste changes. Persons claiming this exclusion in an
					 enforcement action will have the burden of proving, by clear and convincing
					 evidence, that the material meets all of the exclusion requirements;
Table A
Generic Exclusion Levels for
								K061 and K062
Nonwastewater HTMR
								Residues
Constituent
Maximum for Any Single Composite Sample-TCLP
								(mg/L)
Antimony
0.10
Arsenic
0.50
Barium
7.6
Beryllium
0.010
Cadmium
0.050
Chromium (total)
0.33
Lead
0.15
Mercury
0.009
Nickel
1.0
Selenium
0.16
Silver
0.30
Thallium
0.020
Zinc
70.0
Table B
Generic Exclusion Levels for
								F006
Nonwastewater HTMR
								Residues
Constituent
Maximum for Any Single Composite Sample-TCLP
								(mg/L)
Antimony
0.10
Arsenic
0.50
Barium
7.6
Beryllium
0.010
Cadmium
0.050
Chromium (total)
0.33
Cyanide (total) (mg/kg)
1.8
Lead
0.15
Mercury
0.009
Nickel
1.0
Selenium
0.16
Silver
0.30
Thallium
0.020
Zinc
70.0
(ii). a one-time notification and certification must be
					 placed in the facility's files and sent to the Office of Environmental Services
					 for K061, K062, or F006 HTMR residues that meet the generic exclusion levels
					 for all constituents and do not exhibit any characteristics that are sent to
					 Subtitle D units. The notification and certification that is placed in the
					 generators' or treaters' files must be updated if the process or operation
					 generating the waste changes and/or if the Subtitle D unit receiving the waste
					 changes. However, the generator or treater needs only to notify the
					 administrative authority on an annual basis if such changes occur. Such
					 notification and certification should be sent to the EPA region or authorized
					 state by the end of the calendar year, but no later than December 31. The
					 notification must include the following information:
[a]. the name and address of the Subtitle D unit receiving
					 the waste shipments;
[b]. the EPA hazardous waste number(s) and treatability
					 group(s) at the initial point of generation;
[c]. the treatment standards applicable to the waste at the
					 initial point of generation; and
[d]. the certification must be signed by an authorized
					 representative and must state as follows:
"I certify under penalty of law that the generic exclusion
					 levels for all constituents have been met without impermissible dilution and
					 that no characteristic of hazardous waste is exhibited. I am aware that there
					 are significant penalties for submitting a false certification, including the
					 possibility of fine and imprisonment."
c. biological treatment sludge from the treatment of one of
					 the following wastes listed in LAC 33:V.4901.C: organic waste (including heavy
					 ends, still bottoms, light ends, spent solvents, filtrates, and decantates)
					 from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste
					 Number K156), and wastewaters from the production of carbamates and carbamoyl
					 oximes (EPA Hazardous Waste Number K157);
d. catalyst inert support media separated from one of the
					 following wastes listed in LAC 33:V.4901.C: spent hydrotreating catalyst (EPA
					 Hazardous Waste Number K171) and spent hydrorefining catalyst (EPA Hazardous
					 Waste Number K172);
e. a hazardous waste that is listed in LAC 33:V.4901 solely
					 because it exhibits one or more characteristics of ignitability as defined
					 under LAC 33:V.4903.B, corrosivity as defined under LAC 33:V.4903.C, or
					 reactivity as defined under LAC 33:V.4903.D is not a hazardous waste if the
					 waste no longer exhibits any characteristic of hazardous waste identified in
					 LAC 33:V.4903. The exclusion also pertains to any mixture of a solid waste and
					 a hazardous waste listed in LAC 33:V.4901 solely because it exhibits the
					 characteristics of ignitability, corrosivity, or reactivity, as regulated under
					 Subparagraph 2.c of this definition, and any solid waste generated from
					 treating, storing, or disposing of a hazardous waste listed in LAC 33:V.4901
					 solely because it exhibits the characteristics of ignitability, corrosivity, or
					 reactivity, as regulated under Clause 4.b.i of this definition. Wastes excluded
					 under this Subparagraph are subject to LAC 33:V.Chapter 22 (as applicable),
					 even if they no longer exhibit a characteristic at the point of land disposal.
					 Any mixture of a solid waste excluded from regulation under LAC 33:V.105.D.2.h
					 and a hazardous waste listed in LAC 33:V.Chapter 49 solely because it exhibits
					 one or more of the characteristics of ignitability, corrosivity, or reactivity,
					 as regulated under Subparagraph 2.d of this definition, is not a hazardous
					 waste if the mixture no longer exhibits any characteristic of hazardous waste
					 identified in LAC 33:V.Chapter 49 for which such hazardous waste was
					 listed;
f. hazardous waste containing radioactive waste is no
					 longer a hazardous waste when it meets the eligibility criteria and conditions
					 of LAC 33:V.Chapter 42. This exemption also pertains to any mixture of a solid
					 waste and an eligible radioactive mixed waste and any solid waste generated
					 from treating, storing, or disposing of an eligible radioactive mixed waste.
					 Waste exempted under this Subparagraph must meet the eligibility criteria and
					 specified conditions in LAC 33:V.4205 and 4207 (for storage and treatment) and
					 in LAC 33:V.4223 and 4225 (for transportation and disposal). Waste that fails
					 to satisfy these eligibility criteria and conditions is regulated as hazardous
					 waste;
5. any solid waste described in Paragraph 4 of this
					 definition is not a hazardous waste if it meets the following criteria:
a. in the case of any solid waste, it does not exhibit any
					 of the characteristics of hazardous waste identified in LAC 33:V.4903.
					 (However, wastes that exhibit a characteristic at the point of generation may
					 still be subject to the requirements of LAC 33:V.Chapter 22, even if they no
					 longer exhibit a characteristic at the point of land disposal);
b. in the case of a waste which is a listed waste under LAC
					 33:V.4901, contains a waste listed under LAC 33:V.4901 or is derived from a
					 waste listed in LAC 33:V.4901, and it also has been excluded from Paragraph 4
					 of this definition under LAC 33:V.105.H and M;
6. notwithstanding Paragraphs 1-4 of this definition and
					 provided the debris as defined in LAC 33:V.2203 does not exhibit a
					 characteristic identified at LAC 33:V.4903.B-E, the following materials are not
					 subject to regulation under LAC 33:V.Subpart 1:
a. hazardous debris as defined in LAC 33:V.2203 that has
					 been treated using one of the required extraction or destruction technologies
					 specified in LAC 33:V.2299.Appendix, Table 8. Persons claiming this exclusion
					 in an enforcement action will have the burden of proving, by clear and
					 convincing evidence, that the material meets all of the exclusion requirements;
					 or
b. debris as defined in LAC 33:V.2203 that the
					 administrative authority, considering the extent of contamination, has
					 determined is no longer contaminated with hazardous waste.
Hazardous Waste Management
- the
					 systematic control of the collection, source separation, storage,
					 transportation, processing, treatment, recovery and disposal of hazardous
					 wastes.
Hazardous Waste Management Unit
- is a
					 contiguous area of land on or in which hazardous waste is placed, or the
					 largest area in which there is significant likelihood of mixing hazardous waste
					 constituents in the same area. Examples of hazardous waste management units
					 include a surface impoundment, a waste pile, a land treatment area, a landfill
					 cell, an incinerator, a tank and its associated piping and underlying
					 containment system and a container storage area. A container alone does not
					 constitute a unit; the unit includes containers and the land or pad upon which
					 they are placed.
Hazardous Waste Permit
-same as
Permit
.
Health Care Waste
- infectious or other
					 hazardous waste resulting from operations of a health care facility.
Holocene
- the most recent epoch of the
					 quaternary period, extending from the end of the Pleistocene to the
					 present.
Home Scrap Metal
- scrap metal as
					 generated by steel mills, foundries, and refineries such as turnings, cuttings,
					 punchings, and borings.
Household Waste
- any waste material
					 (including garbage, trash, and sanitary wastes in septic tanks) derived from
					 households (including single and multiple residences, hotels, and
					 motels).
Ignitable Waste
- a waste subject to these
					 regulations pursuant to provisions of LAC 33:V.4903.B of such properties as to
					 constitute a potential fire hazard during its management.
Importer
- the person to whom possession
					 or other form of legal control of the waste is assigned at the time the waste
					 is received in the
country of import
.
Importing Country
- any designated
OECD
member country listed in LAC 33:V.1113.I.1.a to which a
transboundary movement
of waste is planned or takes place for
					 the purpose of submitting the waste to
recovery operations
therein.
Inactive Portion
- that portion of a
					 facility which is not operated after August 1, 1979. (See also
active
					 portion
and
closed portion
.)
Inactive Range
- a military range that is
					 not currently being used, but that is still under military control and
					 considered by the military to be a potential range area, and that has not been
					 put to a new use that is incompatible with range activities.
Incinerator
- any enclosed device
					 that:
1. uses controlled flame combustion that neither meets the
					 criteria for classification as a boiler, sludge dryer, or carbon regeneration
					 unit, nor is listed as an industrial furnace; or
2. meets the definition of
infrared
					 incinerator
or
plasma arc incinerator
.
Incompatible Waste
- a hazardous waste
					 that is unsuitable for placement in a particular device or facility because it
					 may cause corrosion or decay of containment materials (e.g., container inner
					 liners or tank walls), or that is unsuitable for commingling with another waste
					 or material under uncontrolled conditions because the commingling might produce
					 heat or pressure; fire or explosion; violent reaction; toxic dusts, mists,
					 fumes, or gases; or flammable fumes or gases. For examples of potentially
					 incompatible wastes, see LAC 33:V.199.Appendix B.
Individual Generation Site
- the
					 contiguous site at or on which one or more hazardous wastes are generated. An
					 individual generation site, such as a large manufacturing plant, may have one
					 or more sources of hazardous waste but is considered a single or individual
					 generation site if the property is contiguous.
Industrial Furnace
- any of the following
					 enclosed devices that are integral components of manufacturing processes and
					 that use thermal treatment to accomplish recovery of materials or
					 energy:
1. cement kilns;
2. lime kilns;
3. aggregate kilns;
4. phosphate kilns;
5. coke ovens;
6. blast furnaces;
7. smelting, melting and refining furnaces (including
					 pyrometallurgical devices such as cupolas, reverberator furnaces, sintering
					 machine, roasters, and foundry furnaces);
8. titanium dioxide chloride process oxidation
					 reactors;
9. methane reforming furnaces;
10. pulping liquor recovery furnaces;
11. combustion devices used in the recovery of sulfur
					 values from spent sulfuric acid;
12. halogen acid furnaces (HAFs) for the production of acid
					 from halogenated hazardous waste generated by chemical production facilities
					 where the furnace is located on the site of a chemical production facility, the
					 acid product has a halogen acid content of at least 3 percent, the acid product
					 is used in a manufacturing process and, except for hazardous waste burned as a
					 fuel, hazardous waste fed to the furnace has a minimum halogen content of 20
					 percent as generated;
13. such other devices as the administrative authority,
					 after notice and comment, adds to this list on the basis of one or more of the
					 following factors:
a. the design and use of the device primarily to accomplish
					 recovery of material products;
b. the use of the device to burn or reduce raw materials to
					 make a material product;
c. the use of the device to burn or reduce secondary
					 materials as effective substitutes for raw materials in processes using raw
					 materials as principal feedstocks;
d. the use of the device to burn or reduce secondary
					 materials as ingredients in an industrial process to make a material
					 product;
e. the use of the device in common industrial practice to
					 produce a material product; and
f. other factors as appropriate.
Infectious Waste
- a waste which has the
					 potential to endanger humans or other living organisms by the communication of
					 diseases caused by microorganisms and/or viruses.
Infrared Incinerator
- any enclosed device
					 that uses electric-powered resistance heaters as a source of radiant heat
					 followed by an afterburner using controlled flame combustion and which is not
					 listed as an industrial furnace.
Inground Tank
- a device meeting the
					 definition of
tank
in LAC 33:V.109 whereby a portion of the
					 tank wall is situated to any degree within the ground, thereby preventing
					 visual inspection of that external surface area of the tank that is in the
					 ground.
Injection Well
- those wells, intended or
					 used for disposal of hazardous waste, drilled to a strata below any fresh-water
					 aquifer and permitted, or required to be permitted, by the Office of
					 Conservation or after February 1, 1984, by the Department of Environmental
					 Quality.
In Operation
- a facility which is
					 treating, storing or disposing of hazardous waste.
Inner Liner
- a continuous layer of
					 material placed inside a tank or container which protects the construction
					 materials of the tank or container from the contained waste or reagents used to
					 treat the waste.
Installation Inspector
- a person who, by
					 reason of his knowledge of the physical sciences and the principles of
					 engineering, acquired by a professional education and related practical
					 experience, is qualified to supervise the installation of tank systems.
Interim Permit
- the hazardous waste
					 permit issued by Louisiana to facilities with interim status.
Interim Status
- all facilities that have
					 met the requirements established by §3005e of the Resource Conservation and
					 Recovery Act et seq. and as such has been recognized by the U.S. Environmental
					 Protection Agency (EPA) and approved by the administrative authority in
					 accordance with the Louisiana Environmental Affairs Act.
Intermediate-
(as used in LAC 33:V.105.R)
					 a substance formed as a stage in the manufacture of a desired
					 end-product.
Intermediate Facility-
any facility that
					 stores hazardous secondary materials for more than 10 days, other than a
					 hazardous secondary material generator or reclaimer of such material.
International Shipment
- the
					 transportation of hazardous waste into or out of the jurisdiction of the United
					 States.
Lab Pack
- an overpacked container (such
					 as a drum) containing small, tightly-sealed containers of hazardous waste with
					 an absorbent material filling the voids in the outer container (drum).
Lagoon
- a shallow sound, channel, or pond
					 near, or communicating with, a larger body of water, either natural or
					 man-made.
Land-Based Unit-
an area where hazardous
					 secondary materials are placed in or on the land before recycling. This
					 definition does not include land-based production units.
Landfarm
- a facility for the application
					 of waste onto land and/or incorporation into the surface soil for the purpose
					 of biological reduction and soil attenuation, including the use of such waste
					 as a fertilizer or soil conditioner.
Landfill
- a disposal facility or part of
					 a facility where hazardous waste is placed in or on land and which is not a
					 pile, land treatment facility, surface impoundment, underground injection well,
					 salt dome formation, salt bed formation, underground mine, cave, or corrective
					 action management unit.
Landfill Cell
- a discrete volume of a
					 hazardous waste landfill which uses a liner to provide isolation of wastes from
					 adjacent cells or wastes. Examples of landfill cells are trenches and
					 pits.
Land Treatment Facility
- a facility or
					 part of a facility at which hazardous waste is applied onto or incorporated
					 into the soil surface; such facilities are disposal facilities if the waste
					 will remain after closure.
Large Quantity Generator
-a generator who
					 generates any of the following amounts in a calendar month:
1. greater than or equal to 1,000 kilograms (2200 lbs) of
					 nonacute hazardous waste; or
2. greater than 1 kilogram (2.2 lbs) of acute hazardous
					 waste listed in LAC 33:V.4901.B with the assigned hazard code of (H) or LAC
					 33:V.4901.E; or
3. greater than 100 kilograms (220 lbs) of any residue or
					 contaminated soil, water, or other debris resulting from the cleanup of a
					 spill, into or on any land or water, of any acute hazardous waste listed in LAC
					 33:V.4901. with the assigned hazard code of (H) or LAC 33.V.4901.E.
Leachate
- any liquid, including any
					 suspended components in the liquid, that has percolated through, or drained
					 from hazardous waste.
Leak-Detection System
- a system capable
					 of detecting the failure of either the primary or secondary containment
					 structure by the detection of a release of hazardous waste or accumulated
					 liquid in the secondary containment structure. Such a system must employ
					 operational controls (e.g., daily visual inspections for releases into the
					 secondary containment system of aboveground tanks) or consist of an
					 interstitial monitoring device designed to detect continuously and
					 automatically the failure of the primary or secondary containment structure by
					 the detection of a release of hazardous waste into the secondary containment
					 structure.
Liner
- a continuous layer of natural or
					 man made materials, beneath and on the sides of a surface impoundment,
					 landfill, or landfill cell, which restricts the downward or lateral escape of
					 hazardous waste, hazardous waste constituents, or leachate.
Management
or
Hazardous Waste
					 Management
- the systematic control of the collection, source
					 separation, storage, transportation, processing, treatment, recovery and
					 disposal of hazardous waste.
Manifest
-the shipping document EPA Form
					 8700-22 (including, if necessary, EPA Form 8700-22A), or the electronic
					 manifest, originated and signed by the generator or offer or in accordance with
					 the instructions in the appendix to  40 CFR part 262  and the applicable
					 requirements of 40 CFR parts 262-265.
Manifest Tracking Number
- the
					 alphanumeric identification number that is pre-printed in Item 4 of the
					 manifest.
Military
-the Department of Defense (DOD),
					 the Armed Services, Coast Guard, National Guard, Department of Energy (DOE), or
					 other parties under contract or acting as an agent for the foregoing, who
					 handle military munitions.
Military Munitions
- all ammunition
					 products and components produced or used by or for the DOD or the U.S. Armed
					 Services for national defense and security, including military munitions under
					 the control of the DOD, the U.S. Coast Guard, the DOE, and National Guard
					 personnel. The term
military munitions
includes: confined
					 gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and
					 riot control agents, smokes, and incendiaries used by DOD components, including
					 bulk explosives and chemical warfare agents, chemical munitions, rockets,
					 guided and ballistic missiles, bombs, warheads, mortar rounds, artillery
					 ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges,
					 cluster munitions and dispensers, demolition charges, and devices and
					 components thereof. Military munitions do not include wholly inert items,
					 improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear
					 components thereof. However, the term does include non-nuclear components of
					 nuclear devices managed under DOE's nuclear weapons program after all required
					 sanitization operations under the Atomic Energy Act of 1954, as amended, have
					 been completed.
Military Range
- designated land and water
					 areas set aside, managed, and used to conduct research on, develop, test, and
					 evaluate military munitions and explosives, other ordnances, or weapon systems
					 or to train military personnel in their use and handling. Ranges include firing
					 lines and positions, maneuver areas, firing lanes, test pads, detonation pads,
					 impact areas, and buffer zones with restricted access and exclusionary
					 areas.
Mining Overburden Returned to the Mine
					 Site
- any material overlying an economic mineral deposit, which is
					 removed to gain access to that deposit and is then used for reclamation of a
					 surface mine.
Miscellaneous Unit
- a hazardous waste
					 management unit where hazardous waste is treated, stored, or disposed of and
					 that is not a container, tank, surface impoundment, pile, land treatment unit,
					 landfill, incinerator, boiler, industrial furnace, underground injection well
					 (with appropriate technical standards under  40 CFR Part 146 ), containment
					 building, corrective action management unit, unit eligible for a research,
					 development, and demonstration permit under LAC 33:V.329, or staging
					 pile.
Monitoring
- inspection and collection of
					 data following a predesigned schedule and system on operational parameters of
					 the facility or on the quality of the environment including the air,
					 groundwater, surface water or soils.
New Hazardous Waste Management Facility
or
New Facility
-a facility which began operation, or for which
					 construction commenced after November 19, 1980.
New Tank System
or
New Tank
					 Component
- a tank system or component that will be used for the
					 storage or treatment of hazardous waste and for which installation has
					 commenced after July 14, 1986; except, however, for purposes of LAC
					 33:V.1907.G.2 and 4435, a new tank system is one for which construction
					 commences after July 14, 1986. (see also
Existing Tank
					 System
)
No Free Liquids
- as used in LAC
					 33:V.105.D.1.w and LAC 33:V.105.D.2.q, means that solvent-contaminated wipes
					 may not contain free liquids as determined by method 9095B (paint filter
					 liquids test), included in "Test Methods for Evaluating Solid Waste,
					 Physical/Chemical Methods" (EPA Publication SW-846), which is incorporated by
					 reference at LAC 33:V.110, and that there is no free liquid in the container
					 holding the wipes. No free liquids may also be determined using another
					 standard or test method as defined by the administrative authority.
Nonacute Hazardous Waste
-all hazardous
					 wastes that are not acute hazardous waste, as defined in this Section.
OECD
-Organization for Economic
					 Cooperation and Development
.
One-Hundred Year Flood
- a flood that has
					 a 1 percent chance of being equaled or exceeded in any given year.
One-Hundred Year Floodplain
- the lowland
					 and relatively flat areas adjoining inland and coastal areas of the mainland
					 and off-shore islands, including, at a minimum, areas subject to a 1 percent or
					 greater chance of flooding in any given year.
Onground Tank
- a device meeting the
					 definition of
tank
in LAC 33:V.109 and that is situated in
					 such a way that the bottom of the tank is on the same level as the adjacent
					 surrounding surface so that the external tank bottom cannot be visually
					 inspected.
On-Site
- the same or geographically
					 contiguous property which may be divided by public or private right-of-way,
					 provided the entrance and exit between the properties is at a cross-roads
					 intersection, and access is by crossing as opposed to going along, the
					 right-of-way. Non-contiguous properties, owned by the same person, but
					 connected by a right-of-way which he controls and to which the public does not
					 have access, are also considered on-site property.
Open Burning
- the combustion of any
					 material without the following characteristics: control of combustion air to
					 maintain adequate temperature for efficient combustion; containment of the
					 combustion reaction in an enclosed device to provide sufficient residence time
					 and mixing for complete combustion; and control of emission of the gaseous
					 combustion products.
Operator, Owner, Licensee, Manager, etc.
-
					 whoever has legal authority and responsibility for a facility that generates,
					 transports, treats, stores or disposes of any hazardous waste.
Organization for Economic Cooperation and
					 Development (OECD) Area
-all land or marine areas under the national
					 jurisdiction of any
OECD
member country listed in LAC
					 33:V.1113.I.1.a. When the regulations refer to shipments to or from an
OECD
country, this means
OECD
area.
Owner
- the person who owns a facility or
					 part of a facility.
Parent Corporation
- a corporation which
					 directly owns at least 50 percent of the voting stock of the corporation which
					 is the facility owner or operator; the latter corporation is deemed a
					 "subsidiary" of the parent corporation.
Partial Closure
-the closure of a
					 hazardous waste management unit in accordance with the applicable closure
					 requirements of LAC 33:V.Chapters 10, 11, 13, 15, 17, 18, 19, 23, and 43 at a
					 facility that contains other active hazardous waste management units. For
					 example, a partial closure may include the closure of a tank (including its
					 associated piping and underlying containment systems), landfill cell, surface
					 impoundment, waste pile, or other hazardous waste management unit, while other
					 units of the same facility continue to operate.
Permit
- the permit issued by the state of
					 Louisiana to a facility to treat, store, and/or dispose of hazardous waste
					 under the conditions specified in the permit and the conditions required by the
					 Act and these regulations.
Person
- an individual, trust, firm, joint
					 s
Personnel
or
Facility Personnel
-all persons
					 who work at or oversee the operations of a hazardous waste facility, and whose
					 actions or failure to act may result in noncompliance with the requirements of
					 LAC 33:V.Chapters 10, 11, 15, 17, 19, 21, 23, 25, 27, 28, 29, 31, 32, 33, 35,
					 37, and 43.
tock company, corporation (including a government
					 corporation), partnership, association, state, municipality, commission,
					 political subdivision of a state, an interstate body, or the federal government
					 or any agency of the federal government.
Personnel
or
Facility
					 Personnel
- all persons who work at or oversee the operations of a
					 hazardous waste facility, and whose actions or failure to act may result in
					 noncompliance with the requirements of LAC 33:V.Chapters 11, 15, 17, 19, 21,
					 23, 25, 27, 28, 29, 31, 32, 33, 35, 37, and 43.
Petition
- a written request made to the
					 administrative authority.
Pile
- any noncontainerized accumulation
					 of solid, nonflowing hazardous waste that is used for treatment or storage and
					 that is not a containment building.
Plasma Arc Incinerator
- any enclosed
					 device using a high-intensity electrical discharge or arc as a source of heat
					 followed by an afterburner using controlled flame combustion and which is not
					 listed as an industrial furnace.
Point Source
- any discernible, confined,
					 and discrete conveyance, including, but not limited to any pipe, ditch,
					 channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
					 concentrated animal feeding operation, or vessel or other floating craft, from
					 which pollutants are or may be discharged. This term does not include return
					 flows from irrigated agriculture.
Pond
- a confined body of standing water
					 usually smaller than a lake, either natural or man-made.
Post-Closure Plan
- the plan for the
					 post-closure care prepared in accordance with the requirements of LAC
					 33:V.Chapter 35.
Potable-Water Aquifer
- water-bearing
					 formations capable of yielding usable quantities of groundwater with dissolved
					 minerals less than 10,000 mg/L to drinking water wells, pumps, springs or
					 streams.
Pre-2008 Exclusions-
the exclusions from
					 the definition of solid waste and hazardous waste exemptions in effect prior to
					 EPAs 2008 promulgation of revisions to the definition of solid waste to exclude
					 certain hazardous secondary materials from hazardous waste regulation in 73
Federal Register
64668 et seq., October 30, 2008, effective
					 December 29, 2008.
Primary Exporter
- any person who is
					 required to originate the manifest for a shipment of hazardous waste in
					 accordance with LAC 33:V.1107, which specifies a treatment, storage or disposal
					 facility in a receiving country as the facility to which the hazardous waste
					 will be sent and any intermediary arranging for the export.
Processed Scrap Metal
- scrap metal that
					 has been manually or physically altered to either separate it into distinct
					 materials to enhance economic value or to improve the handling of materials.
					 Processed scrap metal includes, but is not limited to, scrap metal which has
					 been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or
					 separated by metal type (i.e., sorted), and fines, drosses, and related
					 materials which have been agglomerated.
NOTE: Shredded circuit boards being sent for recycling are
					 not considered processed scrap metal. They are covered under the exclusion from
					 the definition of solid waste for shredded circuit boards being recycled (LAC
					 33:V.105.D.1.n).
Prompt Scrap Metal
- scrap metal as
					 generated by the metal working/fabrication industries and includes such scrap
					 metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known
					 as industrial or new scrap metal.
Proper
- a qualifying adjective requiring
					 consistency with any operating procedures published by the department.
Public Water Supply Well
- a well of piped
					 water for consumption by the public if such system has at least 15 service
					 connections or regularly serves an average of at least 25 individuals daily at
					 least 60 days out of the year.
Publicly-Owned Treatment Works
or
POTW
- any device or system used in the treatment (including
					 recycling and reclamation) of municipal sewage or industrial wastes of a liquid
					 nature which is owned by the state, parish, municipality, or other governmental
					 subdivision. This definition includes sewers, pipes, or other conveyances only
					 if they convey wastewater to POTW providing treatment.
Qualified Groundwater Scientist
- a
					 scientist or engineer who has received a baccalaureate or post-graduate degree
					 in the natural sciences or engineering and has sufficient training and
					 experience in groundwater hydrology and related fields as may be demonstrated
					 by state registration, professional certifications, or completion of accredited
					 university courses that enable that individual to make sound professional
					 judgements regarding groundwater monitoring and contaminant fate and
					 transport.
Reactive Waste
- a waste subject to these
					 regulations pursuant to provisions of LAC 33:V.4903.D which is normally
					 unstable or which may endanger life or property in the presence of other
					 substances likely to be encountered in the management of waste.
Receiving Country
- a foreign country to
					 which a hazardous waste is sent for the purpose of treatment, storage, or
					 disposal (except short-term storage incidental to transportation).
Reclaimed Material-
a material is
					 reclaimed if it is processed to recover a usable product, or if it is
					 regenerated. Examples are recovery of lead values from spent batteries and
					 regeneration of spent solvents. In addition, for purposes of LAC 33:V.105.D.1.x
					 and LAC 33:V.105.D.1.y, smelting, melting, and refining furnaces are considered
					 to be solely engaged in metals reclamation if the metal recovery from the
					 hazardous secondary materials meets the same requirements as those specified
					 for metals recovery from hazardous waste found in LAC 33:V.3001.D.1-3 of this
					 Subpart, and if the residuals meet the requirements specified in LAC 33:V.3025
					 (Regulation of Residues).
Reclaimer
- any person or agency who
					 processes materials or wastes to recover a usable product or who regenerates
					 materials or wastes.
Recognized Trader-
a person who, with
					 appropriate authorization of
concerned countries
, acts in the
					 role of principal to purchase and subsequently sell waste; this person has
					 legal control of such waste from time of purchase to time of sale; such a
					 person may act to arrange and facilitate
transboundary
					 movements
of waste destined for
recovery
					 operations.
Recovery Facility
- an entity which, under
					 applicable domestic law, is operating or is authorized to operate in the
					 importing country to receive wastes and to perform recovery operations on
					 them.
Recovery Operations-
activities leading to
					 resource recovery, recycling, reclamation, direct reuse or alternative uses,
					 which include the following operations.
Table 1
Code
Recovery
								Operations
R1
Use as a fuel (other than in direct incineration)
								or other means to generate energy
R2
Solvent reclamation/regeneration
R3
Recycling/reclamation of organic substances that
								are not used as solvents
R4
Recycling/reclamation of metals and metal
								compounds
R5
Recycling/reclamation of other inorganic materials
R6
Regeneration of acids or bases
R7
Recovery of components used for pollution
								abatement
R8
Recovery of components used from catalysts
R9
Used oil re-refining or other reuses of previously
								used oil
R10
Land treatment resulting in benefit to agriculture
								or ecological improvement
R11
Uses of residual materials obtained from any of
								the operations numbered R1-R10
R12
Exchange of wastes for submission to any of the
								operations numbered R1-R11
R13
Accumulation of material intended for any
								operation numbered R1-R12
Recyclable Material
- a recyclable
					 material is a material meeting the definition of a solid waste and which is
					 used, reused, recycled, or reclaimed.
Remanufacturing-
processing a
					 higher-value hazardous secondary material in order to manufacture a product
					 that serves a similar functional purpose as the original commercial-grade
					 material. For the purpose of this definition, a hazardous secondary material is
					 considered higher-value if it was generated from the use of a commercial-grade
					 material in a manufacturing process and can be remanufactured into a similar
					 commercial-grade material.
Remedial Action Plan (RAP)
- a special
					 form of RCRA permit that a facility owner or operator may obtain instead of a
					 permit issued under LAC 33:V.303-329 and 501-537, to authorize the treatment,
					 storage, or disposal of hazardous
remediation waste
(as
					 defined in this Section) at a remediation waste management site.
Remediation Waste
-all solid and hazardous
					 wastes, and all media (including groundwater, surface water, soils, and
					 sediments) and debris that are managed for implementing cleanup.
Remediation Waste Management Site
- a
					 facility where an owner or operator is or will be treating, storing, or
					 disposing of hazardous remediation wastes. A remediation waste management site
					 is not a facility that is subject to corrective action under LAC 33:V.3322, but
					 is subject to corrective action requirements if the site is located in such a
					 facility.
Replacement Unit
- a landfill, surface
					 impoundment, or waste pile unit from which all or substantially all of the
					 waste is removed and that is subsequently reused to treat, store, or dispose of
					 hazardous waste. Replacement unit does not apply to a unit from which waste is
					 removed during closure, if the subsequent reuse solely involves the disposal of
					 waste from that unit and other closing units or corrective action areas at the
					 facility, in accordance with an approved closure plan or EPA- or state-approved
					 corrective action.
Representative Sample
- a sample of a
					 universe or whole (e.g., waste pile, lagoon, groundwater) which can be expected
					 to exhibit the average properties of the universe or whole.
Resource Recovery
- recovery of useful
					 material or energy from hazardous waste.
Reused Material
- see
Used
or
Reused Material
.
Run-Off
- any rainwater, leachate, or
					 other liquid that drains overland from any part of a facility.
Run-On
- any rainwater, leachate, or other
					 liquid that drains overland onto any part of a facility.
Rural
- all areas zoned rural or not zoned
					 at all by a municipality or parish.
Saturated Zone
or
Zone of
					 Saturation
- that part of the earth's crust in which all voids are
					 filled with water.
Scrap Metal
- bits and pieces of metal
					 parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be
					 combined together with bolts or soldering (e.g., radiators, scrap automobiles,
					 railroad box cars), which when worn or superfluous can be recycled.
Sham Recycling-
a hazardous secondary
					 material found to be sham recycled is considered discarded and a solid waste.
					 Sham recycling is recycling that is not legitimate recycling as defined in LAC
					 33:V. 105.R.
SIC
- Standard Industrial Classification
					 Code.
Site
- land area and appurtenances,
					 thereon and thereto, used for the treatment, storage, and/or disposal of
					 hazardous waste.
Sludge
- any solid, semisolid, or liquid
					 waste generated from a municipal, commercial, or industrial wastewater
					 treatment plant, water supply treatment plant, or air pollution control
					 facility exclusive of the treated effluent from a wastewater treatment
					 plant.
Sludge Dryer
- any enclosed thermal
					 treatment device that is used to dehydrate sludge and that has a maximum total
					 thermal input, excluding the heating value of the sludge itself, of 2,500
					 Btu/lb of sludge treated on a wet-weight basis.
Small Quantity Generator
-a generator who
					 generates the following amounts in a calendar month:
1. greater than 100 kilograms (220 lbs) but less than 1,000
					 kilograms (2200 lbs) of nonacute hazardous waste; and
2. less than or equal to 1 kilogram (2.2 lbs) of acute
					 hazardous waste listed in LAC 33:V.4901.B with the assigned hazard code of (H)
					 or LAC 33:V.4901.E; and
3. less than or equal to 100 kilograms (220 lbs) of any
					 residue or contaminated soil, water, or other debris resulting from the cleanup
					 of a spill, into or on any land or water, of any acute hazardous waste listed
					 in LAC 33:V.4901. with the assigned hazard code of (H) or LAC 33.V.4901.E.
Solid Waste
-
1.
a. any discarded material that is not excluded by LAC
					 33:V105.D.1 or that is not excluded by a variance or non-waste determination
					 granted under LAC 33:V. 105.K or O;
b. a discarded material is any material which is:
i. abandoned as explained in Paragraph 2 of this
					 definition;
ii. recycled as explained in Paragraph 3 of this
					 definition;
iii. considered inherently waste-like, as explained in
					 Paragraph 4 of this definition; or
iv. a military munition identified as a solid waste in LAC
					 33:V.5303;
2. materials are solid waste if they are abandoned by
					 being:
a. disposed of; or
b. burned or incinerated; or
c. accumulated, stored, or treated (but not recycled)
					 before or in lieu of being abandoned by being disposed of, burned, or
					 incinerated;
d. sham recycled as defined under LAC 33:V109,
sham
					 recycling
3. materials are solid wastes if they are recycled, or
					 accumulated, stored, or treated before recycling, as specified in Subparagraphs
					 3.a-d of this definition:
a. used in a manner constituting disposal:
i. materials noted with an "*" in Column 1 of Table 1 in
					 this Chapter are solid wastes when they are:
(a). applied to or placed on the land in a manner that
					 constitutes disposal; or
(b). used to produce products that are applied to or placed
					 on the land (in which cases the product itself remains a solid waste);
ii. however, commercial chemical products listed in LAC
					 33:V.4901.D and E are not solid wastes if they are applied to the land and that
					 is their ordinary manner of use;
b. burning for energy recovery:
i. materials noted with an "*" in Column 2 of Table 1 in
					 this Chapter are solid wastes when they are burned to recover energy, used to
					 produce a fuel, or otherwise contained in fuels (in which case the fuel itself
					 remains a solid waste);
ii. however, commercial chemical products listed in LAC
					 33:V.4901.D and E are not solid wastes if they are themselves fuels;
c.
reclaimed-
materials noted with an "*"
					 in column 3 of Table 1 in this Chapter are solid wastes when reclaimed, except
					 as provided under LAC 33:V105.D.1.p, or unless they meet the requirements of
					 LAC 33:V105.D.1.x, LAC 33:V105.D.1.y, or 261.4(a)(27), as incorporated by
					 reference at LAC 33:V 105.D. 1.z. Materials noted with a "---" in column 3 of
					 Table 1 are not solid wastes when reclaimed;
d.
accumulated speculatively
-materials
					 noted with an "*" in Column 4 of Table 1 in this Chapter are solid wastes when
					 accumulated speculatively.
4. Inherently Waste-Like Materials. The following materials
					 are solid wastes when they are recycled in any manner:
a. Hazardous Waste Numbers F020, F021 (unless used as an
					 ingredient to make a product at the site of generation), F022, F023, F026, and
					 F028;
b. secondary materials fed to a halogen acid furnace that
					 exhibit a characteristic of a hazardous waste or are listed as a hazardous
					 waste as defined in LAC 33:V.4901 or 4903, except for brominated material that
					 meets the following criteria:
i. the material must contain a bromine concentration of at
					 least 45 percent;
ii. the material must contain less than a total of 1
					 percent of toxic organic compounds listed in LAC 33:V.3105, Table 1; and
iii. the material is processed continually on-site in the
					 halogen acid furnace via direct conveyance (hard piping); and
c. the administrative authority will use the following
					 criteria to add wastes to that list:
i. the materials are ordinarily disposed of, burned, or
					 incinerated; or
ii. the materials contain toxic constituents listed in LAC
					 33:V.3105, Table 1 and these constituents are not ordinarily found in raw
					 materials or products for which the materials substitute (or are found in raw
					 materials or products in smaller concentrations) and are not used or reused
					 during the recycling process; and
iii. the material may pose a substantial hazard to human
					 health and the environment when recycled;
5. Materials That Are Not Solid Waste When Recycled
a. materials are not solid wastes when they can be shown to
					 be recycled by being:
i. used or reused as ingredients in an industrial process
					 to make a product, provided the materials are not being reclaimed; or
ii. used or reused as effective substitutes for commercial
					 products; or
iii. returned to the original process from which they are
					 generated, without first being reclaimed or land disposed. The material must be
					 returned as a substitute for feedstock materials. In cases where the original
					 process to which the material is returned is a secondary process, the materials
					 must be managed such that there is no placement on land. In cases where the
					 materials are generated and reclaimed within the primary mineral processing
					 industry, the conditions of the exclusion found at LAC 33:V.105.D.1.p apply
					 rather than this Paragraph;
b. the following materials are solid wastes, even if the
					 recycling involves use, reuse, or return to the original process (described in
					 preceding paragraphs of this definition):
i. materials used in a manner constituting disposal, or
					 used to produce products that are applied to the land; or
ii. materials burned for energy recovery, used to produce a
					 fuel, or otherwise contained in fuels; or
iii. materials accumulated speculatively; or
iv. inherently waste-like materials listed in Paragraph 4
					 of this definition;
6. respondents in actions to enforce regulations who raise
					 a claim that a certain material is not a solid waste, or is conditionally
					 exempt from regulation, must demonstrate that there is a known market or
					 disposition for the material, and that they meet the terms of the exclusion or
					 exemption. In doing so, they must provide appropriate documentation (such as
					 contracts showing that a second person uses the material as an ingredient in a
					 production process) to demonstrate that the material is not a waste, or is
					 exempt from regulation. In addition, owners or operators of facilities claiming
					 that they actually are recycling materials must show that they have the
					 necessary equipment to do so:
Table 1
Use Constituting Disposal
Energy Recovery/Fuel
Reclamation except as Provided in LAC 33:V.
								105.D.1.p for Mineral Processing Secondary Materials, LAC 33:V.105.D.1.x, LAC
								33:V.105.D.1.y, or LAC 33:V.105.D.1.z.
Speculative Accumulation
(1)
(2)
(3)
(4)
Spent Materials
*
*
*
*
Sludges (listed in LAC 33:V.4901)
*
*
*
*
Sludges exhibiting a characteristic of hazardous
								waste
*
*
..............
*
By-products (listed in LAC 33:V.4901)
*
*
*
*
By-products exhibiting a characteristic of
								hazardous waste
*
*
............
*
Commercial chemical products (listed in LAC 33:
								V.4901.E and F)
*
*
.............
...........
Scrap metal that is not excluded under LAC
								33:V.105. D.1.m
*
*
*
*
Solvent-Contaminated Wipe
-
1. a wipe that, after use or after cleaning up a
					 spill:
a. contains one or more of the F001 through F005 solvents
					 listed in LAC 33:V.4901.C, or the corresponding P- or U-listed solvents listed
					 in LAC 33:V.4901.E or F;
b. exhibits a hazardous characteristic found in LAC
					 33:V.4903, when that characteristic results from a solvent listed in LAC
					 33:V.4901; and/or
c. exhibits only the hazardous waste characteristic of
					 ignitability found in LAC 33:V.4903.B;
2. solvent-contaminated wipes that contain listed hazardous
					 waste other than solvents, or exhibit the characteristic of toxicity,
					 corrosivity, or reactivity due to contaminants other than solvents, are not
					 eligible for the exclusions at LAC 33:V.105.D.1.w and LAC
					 33:V.105.D.2.q.
Sorbent
- a material that is used to soak
					 up free liquids by either adsorption or absorption, or both.
Sorb
means to either adsorb or absorb, or both.
Spent Material
- a spent material is any
					 material that has been used and as a result of contamination can no longer
					 serve the purpose for which it was produced without processing.
Spill
- the accidental or intentional
					 spilling, leaking, pumping, pouring, emitting or dumping of hazardous wastes or
					 materials which, when spilled, become hazardous wastes into or on any land, air
					 or water.
SPOC
-the Office of Environmental
					 Compliance, Emergency and Radiological Services Division, Single Point of
					 Contact (SPOC).
Staging Pile
- an accumulation of solid,
					 nonflowing
remediation waste
(as defined in this Section) that
					 is not a containment building and that is used only during remedial operations
					 for temporary storage at a facility. Staging piles must be designated by the
					 administrative authority according to the requirements of LAC 33:V.2605.
Standards
- performance criteria
					 established by department to govern the hazardous waste program.
Storage
- the containment of hazardous
					 waste for such time as may be permitted by regulations in such a manner as not
					 to constitute disposal of hazardous waste.
Storage Facility
- any environmentally
					 sound facility used to store hazardous waste.
Sump
- any pit or reservoir that meets the
					 definition of tank and those troughs/trenches connected to it that serve to
					 collect hazardous waste for transport to hazardous waste storage, treatment, or
					 disposal facilities; except that, as used in the landfill, surface impoundment,
					 and waste pile rules,
sump
means any lined pit or reservoir
					 that serves to collect liquids drained from a leachate collection and removal
					 system or leak detection system for subsequent removal from the system.
Surface Impoundment
or
Impoundment
- a facility or part of a facility, which is a
					 natural topographic depression, man-made excavation, or diked area formed
					 primarily of earthen materials (although it may be lined with man-made
					 materials), which is designed to hold an accumulation of liquid wastes or
					 wastes containing free liquids, and which is not an injection well. Examples of
					 surface impoundments are holding, storage, settling, and aeration pits, ponds
					 and lagoons.
Tank
- a stationary device designed to
					 contain an accumulation of hazardous waste which is constructed primarily of
					 non-earthen materials (e.g., wood, concrete, steel, plastic) which provide
					 structural support.
Tank System
- a hazardous waste storage or
					 treatment tank and its associated ancillary equipment and containment
					 system.
Temporary Storage
- storage of a
					 generator's waste on-site for less than 90 days.
TEQ
- toxicity equivalence, the
					 international method of relating the toxicity of various dioxin/furan congeners
					 to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin.
Thermal Treatment
- the processing of
					 hazardous waste in a device which uses elevated temperatures as the primary
					 means to change the chemical, physical, or biological character or composition
					 of the hazardous waste. Examples of thermal treatment processes are
					 incineration, molten salt, pyrolysis, calcination, wet air oxidation, and
					 microwave discharge. (See also
incinerator
and
open
					 burning
.)
Toll Manufacturer-
(for purposes of LAC
					 33:V.105.D.1.x) a person who produces a product or intermediate made from
					 specified unused materials pursuant to a written contract with a tolling
					 contractor.
Tolling Contractor-
(for purposes of LAC
					 33:V.105.D.1.x) a person who arranges for the production of a product or
					 intermediate made from specified unused materials through a written contract
					 with a toll manufacturer.
Totally Enclosed Treatment Facility
- a
					 facility for the treatment of hazardous waste which is directly connected to an
					 industrial production process and which is constructed and operated in a manner
					 which prevents the release of any hazardous waste or any constituent thereof
					 into the environment during treatment. An example is a pipe in which waste acid
					 is neutralized.
Toxic Waste
- a waste subject to these
					 regulations pursuant to provisions of LAC 33:V.4903.E which, by its chemical
					 properties, has the potential to endanger human health or other living
					 organisms by means of acute or chronic adverse effects, including poisoning,
					 mutagenic, teratogenic, or carcinogenic effects.
Transboundary Movement
-any movement of
					 waste from an area under the national jurisdiction of one OECD member country
					 to an area under the national jurisdiction of another OECD member
					 country.
Transfer Facility-
any
					 transportation-related facility, including loading docks, parking areas,
					 storage areas and other similar areas where shipments of hazardous waste or
					 hazardous secondary materials are held during the normal course of
					 transportation.
Transit Country
- any foreign country,
					 other than a receiving country, through which a hazardous waste is
					 transported.
Transporter
- a person engaged in the
					 off-site transportation of hazardous waste by air, rail, highway, or
					 water.
Transports
or
Transportation
- the movement of hazardous waste 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 generator or
					 on the premises of a permitted hazardous waste treatment, storage or disposal
					 facility.
Transport Vehicle
- a motor vehicle,
					 aircraft, rail freight car, freight container, cargo tank, portable tank, or
					 vessel used for the transportation of hazardous waste. Each cargo-carrying body
					 (trailer, railroad freight car, etc.) is a separate transport vehicle.
Treatability Study
- a study in which a
					 hazardous waste is subjected to a treatment process to determine:
1.
a. whether the waste is amenable to the treatment
					 process;
b. what pretreatment (if any) is required;
c. the optimal process conditions needed to achieve the
					 desired treatment;
d. the efficiency of a treatment process for a specific
					 waste or wastes; or
e. the characteristics and volumes of residuals from a
					 particular treatment process;
2. also included in this definition for the purpose of the
					 LAC 33:V.105.D.5 and 6 exemptions are liner compatibility, corrosion, and other
					 material compatibility studies and toxicological and health effects studies. A
					 treatability study is not a means of commercially treating or disposing of
					 hazardous waste.
Treatment
- (when used in connection with
					 hazardous waste) any method, technique, or process, including neutralization,
					 designed to change the physical or chemical character or composition of any
					 hazardous waste so as to neutralize such waste or so as to render such waste
					 nonhazardous, safer for transport, amenable for recovery, amenable for storage,
					 or reduced in volume. Such term includes any activity or processing designed to
					 change the physical form or chemical composition of hazardous waste so as to
					 render it nonhazardous.
Treatment Zone
- a soil area of the
					 unsaturated zone of a land treatment unit within which hazardous constituents
					 are degraded, transformed or immobilized.
Type of Waste
- waste description by
					 category as classified in LAC 33:V.Chapter 49 to these rules and
					 regulations.
Underground Injection
- the subsurface
					 emplacement of fluids through a bored, drilled or driven well; or through a dug
					 well, where the depth of the dug well is greater than the largest surface
					 dimension. (See also
injection well
.)
Underground Source of Drinking Water or
					 USDW
-an aquifer or its portion:
1. which supplies any public water system; or
2. which contains a sufficient quantity of groundwater to
					 supply a public water system; and
a. currently supplies drinking water for human consumption;
					 or
b. contains fewer than 10,000 mg/L total dissolved solids;
					 and
3. which is not an aquifer exempted by the Department of
					 Natural Resources, Office of Conservation.
Underground Tank
- a device meeting the
					 definition of
tank
in LAC 33:V.109 whose entire surface area
					 is totally below the surface of and covered by the ground.
Unexploded Ordnance (UXO)
- military
					 munitions that have been primed, fused, armed, or otherwise prepared for action
					 and have been fired, dropped, launched, projected, or placed in such a manner
					 as to constitute a hazard to operations, installation, personnel, or material
					 and remain unexploded either by malfunction, design, or any other cause.
Unfit for Use Tank System
- a tank system
					 that has been determined through an integrity assessment or other inspection to
					 be no longer capable of storing or treating hazardous waste without posing a
					 threat of release of hazardous waste to the environment.
Unsaturated Zone or Zone of Aeration
- the
					 zone between the land surface and the water table.
Uppermost Aquifer
- the geological
					 formation nearest the natural ground surface that is an aquifer, as well as
					 lower aquifers that are hydraulically interconnected with this aquifer.
Used Oil
- any oil that has been refined
					 from crude oil or any synthetic oil that has been used and, as a result of such
					 use, is contaminated by physical or chemical impurities.
Used
or
Reused
					 Material
-a material is used or reused if it is either:
1. employed as an ingredient (including use as an
					 intermediate) in an industrial process to make a product (for example,
					 distillation bottoms from one process used as feedstock in another process).
					 However, a material will not satisfy this condition if distinct components of
					 the material are recovered as separate end products (as when metals are
					 recovered from metal-containing secondary materials); or
2. employed in a particular function or application as an
					 effective substitute for a commercial product (for example, spent pickle liquor
					 used as phosphorus precipitant and sludge conditioner in wastewater
					 treatment).
User of the Electronic Manifest System
-a
					 hazardous waste generator; a hazardous waste transporter; an owner or operator
					 of a hazardous waste treatment, storage, recycling, or disposal facility; or
					 any other person that:
1. is required to use a manifest to comply with:
a. any federal or state requirement to track the shipment,
					 transportation, and receipt of hazardous waste or other waste material that is
					 shipped from the site of generation to an off-site designated facility for
					 treatment, storage, recycling, or disposal; or
b. any federal or state requirement to track the shipment,
					 transportation, and receipt of rejected wastes or regulated container residues
					 that are shipped from a designated facility to an alternative facility, or
					 returned to the generator; and
2. elects to use the system to obtain, complete, and
					 transmit an electronic manifest format supplied by the EPA electronic manifest
					 system; or
3. elects to use the paper manifest form and submits to the
					 system for data processing purposes a paper copy of the manifest (or data from
					 such a paper copy), in accordance with LAC 33:V.1516.B.1.e.
[NOTE: These paper copies are submitted for data exchange
					 purposes only and are not the official copies of record for legal
					 purposes.]
Very Small Quantity Generator
-a generator
					 who generates less than or equal to the following amounts in a calendar
					 month:
1. 100 kilograms (220 lbs) of nonacute hazardous waste;
					 and
2. 1 kilogram (2.2 lbs) of acute hazardous waste listed in
					 in LAC 33:V.4901.B with the assigned hazard code of (H) or LAC 33:V.4901.E;
					 and
3. 100 kilograms (220 lbs) of any residue or contaminated
					 soil, water, or other debris resulting from the cleanup of a spill, into or on
					 any land or water, of any acute hazardous waste listed in in LAC 33:V.4901.B
					 with the assigned hazard code of (H) or LAC 33:V.4901.E.
Vessel
- any type of watercraft used, or
					 capable of being used, as a means of transportation on the water.
Volatile Waste
- hydrocarbon or other
					 waste with a vapor pressure greater than or equal to 1.5 psia.
Washout
- the movement of hazardous waste
					 from the active portion of the facility as a result of flooding.
Waste Reduction
- in-plant practices that
					 reduce, avoid or eliminate the generation of hazardous or solid waste so as to
					 reduce the risks to human health and the environment:
1. when recycling is environmentally acceptable and is an
					 integral part of the waste-generating industrial process or operation, such as
					 a closed-loop application which returns potential waste as it is generated for
					 reuse within the process, it shall be considered waste reduction. Recycling is
					 not considered waste reduction if waste exits a process, exists as a separate
					 identity, undergoes significant handling, or is transported from the
					 waste-generating location;
2. actions that reduce waste volume by concentrating the
					 hazardous content of a waste or that reduce hazard level by diluting the
					 hazardous content are not considered waste reduction;
3. actions that change the chemical composition and the
					 concentrations of the components of the waste, but do not change the degree of
					 hazard of the waste are not considered waste reduction.
Wastewater Treatment Unit
-a device
					 that:
1. is part of a wastewater treatment facility that is
					 subject to regulation under either Section 402 of the Clean Water Act or
					 subject to regulation under LAC 33:IX.Chapter 3; and
2. receives and treats or stores an influent wastewater
					 that is a hazardous waste as defined in LAC 33:V.109, or that generates and
					 accumulates a wastewater treatment sludge that is a hazardous waste as defined
					 in LAC 33:V.109, or treats or stores a wastewater treatment sludge that is a
					 hazardous waste as defined in LAC 33:V.109; and
3. meets the definition of a tank or tank system in LAC
					 33:V.109.
All sludges, floats, oils, residues, recovered organics,
					 and inorganics from such units shall be considered to be hazardous and managed
					 according to the applicable regulations, unless the wastes do not exhibit the
					 characteristics of a hazardous waste, except for those specifically listed as
					 hazardous, or the wastes are excluded under LAC 33:V.105.D.
Well
- any shaft or pit dug or bored into
					 the earth, generally of a cylindrical form, and often walled with bricks or
					 tubing to prevent the earth from caving in.
Wipe
- a woven or nonwoven shop towel,
					 rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other
					 material.
Zone of Engineering Control
- an area
					 under the control of the owner/operator that, upon detection of a hazardous
					 waste release, can be readily cleaned up prior to the release of hazardous
					 waste or hazardous constituents to groundwater or surface water.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 30:2180 et
					 seq.