La. Admin. Code tit. 33 § V-1503

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-1503 - Site Requirements

A. Geology

1. Topographic Relief. The site should not have any abrupt topographic changes or means should be provided to guard against slides, slumping, or erosion.

2. Soils. The area should be covered with natural stable soils of low permeability or a means should be provided, acceptable to administrative authority, which provide a barrier to penetration of surface spills or accumulations of hazardous wastes into a subsurface strata which would have a potential effect on a fresh-water aquifer.

3. Seismic Conditions. Portions of new facilities where treatment, storage, or disposal of hazardous waste will be conducted must not be located within 61 meters (200 feet) of a fault which has had displacement in Holocene time.

B. Hydrology

1. General Requirement. Sites utilized shall be isolated by means of natural or created boundaries from adjoining land and from subsurface and surface waters.

2. Drainage. The site must have the capability to control and/or contain run-off from the maximum rainfall in 24 hours from a 25-year storm (when maximum rainfall records are not available, the design standard shall be 12 inches below 31 degrees North latitude and 9 inches above 31 degrees North latitude) and must have the capability to divert run-on from adjoining land (outside limits of hazardous waste site or if part of an industrial complex, outside limits of company property) from such a storm from the site (surface and subsurface).

3. Floodplains

a. A facility located in a 100-year floodplain must be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood unless the owner or operator can demonstrate to the administrative authority that:

i. procedures are in effect which will cause the waste to be removed safely, before flood waters can reach the facility, to a location where the wastes will not be vulnerable to floodwaters; or

ii. for existing surface impoundments, waste piles, land treatment units, landfills, and miscellaneous units, no adverse effects on human health or the environment will result if washout occurs, considering:

(a). the volume and physical and chemical characteristics of the waste in the facility;

(b). the concentrations of hazardous constituents that would potentially affect surface waters as a result of washout;

(c). the impact of such concentrations on the current or potential uses of and water quality standards established for the affected surface waters; and

(d). the impact of hazardous constituents on the sediments of affected surface waters or the soils of the 100-year floodplain that could result from washout.

4. Hurricane-Prone Areas. Sites located in an area which is historically subject to hurricanes shall be protected from the entry of water by natural or created barriers certified by a professional engineer.

5. Conformity with Existing Restrictions and Permits. Sites located in floodways or wetlands under control of the U.S. Army Corps of Engineers and/or the Coastal Zone Management Office must apply for applicable permits. However, to avoid unnecessarily long licensing periods, the department may accept and process the application with its final approval dependent upon a similar approval. Final department action on such a state permit will be taken after final action on wetlands and coastal zone permits.

6. Areas of Critical Environmental Concern. Sites located in, or adjacent to, swamps, marshes, floodplains, estuaries, designated wildlife hatchery areas, habitats of endangered species, and similar critical environmental areas shall be isolated from such areas by effective barriers which eliminate possible adverse impacts on such areas due to operation of the facility.

7. Salt Dome Formations, Salt Bed Formations, Underground Mines, and Caves. The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave is prohibited.

C. Facilities

1. Transportation. Access to sites by surface and water transportation modes shall be by roads and waterways with the capacity to accept the demands created by the facility and designed to avoid, to the extent practical, congestion, sharp turns, obstructions, or other hazards which are conducive to accidents.

2. Services. Sites shall have convenient access to required services, including: utilities, medical care, police, fire protection, and similar services, or provide these services internally in a manner acceptable to the administrative authority.

3. Buffer Zone

a. General Requirement. Sites shall be shielded from adjoining noncompatible land uses by space, natural separation, or other means acceptable to the administrative authority.

b. Minimum Requirements. In no event shall the buffer be less than that stated for the following sites:

i. sites zoned industrially-sufficient space for security and drainage control facilities; or

ii. all other locations-200 feet between any facility (treatment pond, incinerator, tank, etc.) and property line unless a proper buffer is installed which is acceptable to the administrative authority (see LAC 33:V.2113 for container requirements).

La. Admin. Code tit. 33, § V-1503

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 16:220 (March 1990), LR 16:399 (May 1990), LR 18:1256 (November 1992).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.