Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 33 - Groundwater Protection › Section V-3301 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				  provided in LAC 33:V.3301.C, the regulations in this Chapter apply to owners or
				  operators of facilities that treat, store or dispose of hazardous waste. The
				  owner or operator must satisfy the requirements identified in LAC 33:V.3301.B
				  for all wastes (or constituents thereof) contained in solid waste management
				  units at the facility, regardless of the time at which waste was placed in such
				  units.
B. All solid waste
				  management units must comply with the requirements in LAC 33:V.3322. A surface
				  impoundment, waste pile, and land treatment unit or landfill that receives
				  hazardous waste after July 26, 1982 (hereinafter referred to as a
regulated unit
) must comply with the requirements of LAC
				  33:V.3303-LAC 33:V.3321 in lieu of LAC 33:V.3322 for purposes of detecting,
				  characterizing and responding to releases to the uppermost aquifer. The
				  financial responsibility requirements of LAC 33:V.3322 apply to regulated
				  units.
C. The owner or operator's
				  regulated unit or units are not subject to regulation for releases into the
				  uppermost aquifer under this Chapter if:
1.
				  the owner or operator is exempted under LAC 33:V.1501; or
2. he operates a unit which the
				  administrative authority finds:
a. is an
				  engineered structure;
b. does not
				  receive or contain liquid waste or waste containing free liquids;
c. is designed and operated to exclude
				  liquid, precipitation, and other run-on and run-off;
d. has both inner and outer layers of
				  containment enclosing the waste;
e.
				  has a leak detection system built into each containment layer;
f. the owner or operator will provide
				  continuing operation and maintenance of these leak detection systems during the
				  active life of the unit and the closure and post-closure care periods;
				  and
g. to a reasonable degree of
				  certainty, will not allow hazardous constituents to migrate beyond the outer
				  containment layer prior to the end of the post-closure care period;
3. the administrative authority
				  finds, pursuant to LAC 33:V.2719.D, that the treatment zone of a land treatment
				  unit that qualifies as a regulated unit does not contain levels of hazardous
				  constituents that are above background levels of those constituents by an
				  amount that is statistically significant, and if an unsaturated zone monitoring
				  program meeting the requirements of LAC 33:V.2711 has not shown a statistically
				  significant increase in hazardous constituents below the treatment zone during
				  the operating life of the unit. An exemption under LAC 33:V.3301.C can only
				  relieve an owner or operator of responsibility to meet the requirements of this
				  Chapter during the post-closure care period; or
4. the administrative authority finds that
				  there is no potential for migration of liquid from a regulated unit to the
				  uppermost aquifer during the active life of the regulated unit (including the
				  closure period) and the post-closure care period specified under LAC 33:V.3521.
				  This demonstration must be certified by a qualified geologist or geotechnical
				  engineer. In order to provide an adequate margin of safety in the prediction of
				  potential migration of liquid, the owner or operator must base any predictions
				  made under LAC 33:V.3301.C on assumptions that maximize the rate of liquid
				  migration;
5. he designs and
				  operates a pile in compliance with LAC 33:V.2301.C.