La. Admin. Code tit. 33 § V-2809
Current through Register Vol. 50, No. 9, September 20, 2024
A. At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.B. If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in Subsection A of this Section, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he must either: 1. close the facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills (LAC 33:V.2521). For permitted units, the requirement to have a permit continues throughout the post-closure period. In addition, for the purpose of closure, post-closure, and financial responsibility, such a drip pad is then considered to be a landfill, and the owner or operator must meet all of the requirements for landfills specified in LAC 33:V.Chapters 35 and 37; or2. perform a risk assessment to demonstrate that closure with the remaining contaminant levels is protective of human health and the environment in accordance with LAC 33:I.Chapter 13. Any such risk assessment is subject to approval by the administrative authority and must demonstrate that post-closure care is not necessary to adequately protect human health and the environment.C. The owner or operator of an existing drip pad, as defined in LAC 33:V.2801, that does not comply with the liner requirements of LAC 33:V.2805.C.1 must:1. include in the closure plan for the drip pad under LAC 33:V.3511 both a plan for complying with LAC 33:V.2809.A and a contingent plan for complying with LAC 33:V.2809.B in case not all contaminated subsoils can be practicably removed at closure; and2. prepare a contingent post-closure plan under LAC 33:V.3523 for complying with LAC 33:V.2809.B in case not all contaminated subsoils can be practicably removed at closure.D. The cost estimates calculated under LAC 33:V.3511 and 3709 for closure and post-closure care of a drip pad subject to this Paragraph must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under LAC 33:V.2809.A.La. Admin. Code tit. 33, § V-2809
Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 18:1375 (December 1992), amended LR 21:944 (September 1995), amended by the Office of the Secretary, LR 24:2246 (December 1998).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.