Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 15 - Treatment, Storage, and Disposal Facilities › Section V-1501 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The regulations
				  in this Chapter apply to owners and operators of all hazardous waste
				  facilities, except as provided in LAC 33:V.1501.C. LAC 33:V.1503.B.3 applies
				  only to facilities subject to regulations under LAC 33:V. Chapters 19, 21, 23,
				  25, 27, 29, 31, or 32.
B. Except as
				  specifically authorized by the terms and conditions of a permit issued under
				  these rules and regulations, the construction and operation of a facility to
				  treat, store, or dispose of hazardous wastes in violation of the standards
				  established by this Section shall be a violation of the Act enforceable
				  pursuant to LAC 33:V.107 of these regulations and R.S. 30:1073.
C. The requirements of this Chapter do not
				  apply to:
1. the owner or operator of a
				  facility permitted, licensed, or registered to manage municipal or industrial
				  solid waste, if the only hazardous waste the facility treats, stores, or
				  disposes of is excluded from regulation by LAC 33:V.1009;
2. the owner or operator of a facility
				  managing recycled material described in LAC 33:V.4105.A (except to the extent
				  they are referred to in LAC 33:V.Chapter 30 or 40 or LAC 33:V.4139, 4141, 4143,
				  or 4145);
3. Reserved;
4. a farmer disposing of waste pesticides
				  from his own use as provided in LAC 33:V.1003.C;
5. the owner or operator of a totally
				  enclosed treatment facility (see LAC 33:V.109);
6. the owner or operator of an elementary
				  neutralization unit or wastewater treatment unit (see LAC 33:V.109) provided
				  that if the owner or operator is diluting hazardous ignitable (D001) wastes
				  (other than the D001 High TOC Subcategory defined in LAC 33:V.2299.Appendix,
				  Table 2, Treatment Standards for Hazardous Wastes) or reactive (D003) waste to
				  remove the characteristic before land disposal, the owner/operator must comply
				  with the requirements set out in LAC 33:V.1517.B;
7.
a.
				  except as provided in Subparagraph C.7.b of this Section, a person engaged in
				  treatment or containment activities during immediate response to any of the
				  following situations:
i. a discharge of a
				  hazardous waste;
ii. an imminent
				  and substantial threat of a discharge of hazardous waste;
iii. a discharge of a material that, when
				  discharged, becomes a hazardous waste; or
iv. an immediate threat to human health,
				  public safety, property, or the environment, from the known or suspected
				  presence of military munitions, other explosive material, or an explosive
				  device, as determined by an explosive or munitions emergency response
				  specialist as defined in LAC 33:V.109;
b. an owner or operator of a facility
				  otherwise regulated by this Chapter must comply with all applicable
				  requirements of LAC 33:V.1511 and 1513;
c. any person who is covered by Subparagraph
				  C.7.a of this Section and who continues or initiates hazardous waste treatment
				  or containment activities after the immediate response is over is subject to
				  all applicable requirements of this Chapter and  40 CFR 122- 124  for those
				  activities; and
d. in the case of
				  an explosives or munitions emergency response, if a federal, state, tribal, or
				  local official acting within the scope of his or her official responsibilities
				  or an explosives or munitions emergency response specialist determines that
				  immediate removal of the material or waste is necessary to protect human health
				  or the environment, that official or specialist may authorize the removal of
				  the material or waste by transporters who do not have EPA identification
				  numbers and without the preparation of a manifest. In the case of emergencies
				  involving military munitions, the responding military emergency response
				  specialist's organizational unit must retain records for three years
				  identifying the dates of the response, the responsible persons responding, the
				  type and description of material addressed, and its disposition;
8. a transporter storing
				  manifested shipments of hazardous waste in containers meeting the requirements
				  applicable to the regulations of the Department of Public Safety on packaging,
				  at a transfer facility for a period of 10 days or less, if so approved by the
				  administrative authority;
9. the
				  addition of absorbent material to waste in a container (see LAC 33:V.109), or
				  the addition of waste to absorbent material in a container, provided that these
				  actions occur at the time waste is first placed in the container and LAC
				  33:V.1517.B, 2103, and 2105 are complied with;
10. a generator accumulating waste on-site in
				  compliance with LAC 33:V.Chapter 10;
11. universal waste handlers and universal
				  waste transporters (as defined in LAC 33:V.3813) handling the wastes listed
				  below. These handlers are subject to regulation under LAC 33:V.Chapter 38, when
				  handling the below listed universal wastes:
a. batteries as described in LAC
				  33:V.3803;
b. pesticides as
				  described in LAC 33:V.3805;
c.
				  mercury-containing equipment as described in LAC 33:V.3807;
d. lamps as described in LAC
				  33:V.3809;
e. electronics as
				  described in LAC 33:V.3810; and
f.
				  antifreeze as described in LAC 33:V.3811; or
12. LAC 33:V.5309 identifies when the
				  requirements of this Chapter apply to the storage of military munitions
				  classified as solid waste under LAC 33:V.5303. The treatment and disposal of
				  hazardous waste military munitions are subject to the applicable permitting,
				  procedural, and technical standards in LAC 33:V.Subpart 1.