La. Admin. Code tit. 33 § V-1003

Current through Register Vol. 50, No. 6, June 20, 2024

Section V-1003 - Purpose, Scope and Applicability

A. The regulations of this Chapter establish standards for a generator of hazardous waste as defined in LAC 33:V.109.

1. A person who generates a hazardous waste as defined in LAC 33:V.109 is subject to all the applicable independent requirements in the regulations below.

a. Independent requirements of a very small quantity generator include:

i. LAC 33:V.1005.A-E (Hazardous Waste Determination and Recordkeeping);

ii. LAC 33:V.1007 (Generator Category Determination);

iii. LAC 33:V.1017 (EPA Identification Numbers and Notification of Hazardous Waste Activities for Generators); and

iv. LAC 33:V.5121.C.2 (Annual Fees).

b. Independent requirements for a small quantity generator include:

i. LAC 33 :V.1005 (Hazardous Waste Determination and Recordkeeping);

ii. LAC 33:V.1007 (Generator Category Determination);

iii. LAC 33:V.1017 (EPA Identification Numbers and Notification of Hazardous Waste Activities for Generators);

iv. LAC 33:V.1019 (Recordkeeping);

v. LAC 33:V.1027 (Recordkeeping and Reporting for Small Quantity Generators);

vi. LAC 33:V.1107 (The Manifest System);

vii. LAC 33:V.Chapter 10. Subchapter E (Pre-transport Requirements);

viii. LAC 33:V.Chapter 11. Subchapter B (Transboundary Shipments of Hazardous Waste); and

ix. LAC 33:V.5121.C.l (Annual Fees).

c. Independent requirements of a large quantity generator include:

i. LAC 33:V.1005 (Hazardous Waste Determination and Recordkeeping);

ii. LAC 33:V.1007 (Generator Category Determination);

iii. LAC 33:V.1017 (EPA Identification Numbers and Notification of Hazardous Waste Activities for Generators);

iv. LAC 33:V.Chapter 10.Subchapter B (Recordkeeping and Reporting for Small Quantity Generators and Large Quantity Generators), except LAC 33:V.1027;

v. LAC 33:V.1107 (Manifest Requirements);

vi. LAC 33:V.Chapter 10. Subchapter E (Pretransport Requirements);

vii. LAC 33:V.Chapter 11. Subchapter B (Transboundary Shipments of Hazardous Waste); and

viii. LAC 33:V5121.C.l (Annual Fees).

2. A generator that accumulates hazardous waste on-site is a person that stores hazardous waste and is subject to the applicable requirements of LAC 33:V.Subpart 1, unless it is one of the following:

a. a very small quantity generator that meets the conditions for exemption in LAC 33:V.1009;

b. a small quantity generator that meets the conditions for exemption in LAC 33:V.1011 and 1013; or

c. a large quantity generator that meets the conditions for exemption in LAC 33:V.1011 and 1015.

3. If a generator is a small quantity generator or a large quantity generator, it shall not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility, as defined in LAC 33:V.109, or not otherwise authorized to receive the generator's hazardous waste. A very small quantity generator shall comply with the requirements of Section 1009 of this Chapter regarding management of hazardous waste.

B. Determining Generator Category. A generator shall use LAC 33:V.1007 to determine which provisions of this Chapter are applicable to the generator based on the quantity of hazardous waste generated per calendar month.

C. A farmer disposing of waste pesticides from his own use which are hazardous wastes is not required to comply with the standards of this Chapter or other standards in LAC 33:V.Chapters 3, 5, 7, 10, 11, 15, 17, 19, 21, 23, 25, 27, 28, 29, 31, 32, 33, 35, 37, and 43 for those wastes, provided he triple rinses each emptied pesticide container in accordance with the provisions of LAC 33:V.109.Empty Container.2.c and disposes of the pesticide residues in a manner consistent with the disposal instructions on the pesticide label.

D. Failure to Comply

1. A person who generates a hazardous waste as defined in LAC 33:V.109 and further specified in LAC 33:V.Chapter 49 is subject to the requirements of this Chapter and penalties prescribed in the Louisiana Environmental Act, R.S. 30:2001, et seq., for noncompliance.

2. A generator's noncompliance with a condition for exemption in this Chapter is not subject to penalty or injunctive relief under the Louisiana Environmental Quality Act, R.S. 30:2001 et seq., as a violation of a condition for exemption in this Chapter. Noncompliance by a generator with an applicable condition for exemption for storage permit and operations requirements means that a facility is a storage facility operating without an exemption from the permit, interim status, and operations requirements in LAC 33:V.Subpart 1. Without an exemption, any violations of such storage requirements are subject to penalty and injunctive relief under the Louisiana Environmental Quality Act, La. R.S. 30:2001, et seq.

E. An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility shall comply with the generator standards established in this Chapter. The provisions of this Chapter are applicable to the on-site accumulation of hazardous waste by generators. Therefore, the provisions of this Chapter only apply to owners or operators who are shipping hazardous waste, which they generated at that facility. A generator who treats, stores, or disposes of hazardous waste on-site shall comply with the applicable standards and requirements set forth in LAC 33:V.Subpart 1.

F. Persons responding to an explosives or munitions emergency in accordance with LAC 33:V.1501.C.7.a.iv or d or 4307, and 305.C.12 or 13 are not required to comply with the standards of this Chapter.

La. Admin. Code tit. 33, § V-1003

Promulgated by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46901 (7/1/2020).

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