La. Admin. Code tit. 33 § V-4705

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

Section V-4705 - Closure and Post-Closure Care

A. At closure of a containment building, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate and manage them as hazardous waste, unless LAC 33:V.109.Hazardous Waste.6 applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for containment buildings must meet all of the requirements specified in LAC 33:V.Chapter 43.Subchapters F and G.

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 LAC 33:V.4705.A, 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 the closure and post-closure requirements that apply to landfills (LAC 33:V.4501). In addition, for the purposes of closure, post-closure, and financial responsibility, such a containment building 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.Chapter 43.Subchapters F and G; or

2. 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.

La. Admin. Code tit. 33, § V-4705

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 21:266 (March 1995), amended by the Office of the Secretary, LR 24:2250 (December 1998).

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