La. Admin. Code tit. 33 § V-1915

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

Section V-1915 - Closure and Post-Closure Care

A. At closure of a tank system, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, 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 tank systems must meet all the requirements specified in LAC 33:V.Chapters 35 and 37.

B. If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in Subsection A of this Section, then the owner or operator must either:

1. close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills, LAC 33:V.2521. In addition, for the purposes of closure, post-closure, and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator must meet all the requirements for landfills specified in LAC 33:V.Chapters 35 and 37;

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.

C. If an owner or operator has a tank system that does not have secondary containment that meets the requirements of LAC 33:V.1907.B-F and is not exempt from the secondary containment requirements in accordance with LAC 33:V.1907.G, then:

1. the closure plan for the tank system must include both a plan for complying with Subsection A of this Section and a contingent plan for complying with Subsection B of this Section;

2. a contingent post-closure plan for complying with Subsection B of this Section must be prepared and submitted as part of the permit application;

3. the cost estimates calculated for closure and post-closure care must reflect the costs of complying with the contingent closure plan and the contingent post-closure plan, if those costs are greater than the costs of complying with the closure plan prepared for the expected closure under Subsection A of this Section;

4. financial assurance must be based on the cost estimates in LAC 33:V.1915.C.3;

5. for the purposes of the contingent closure and post-closure plans, such a tank system is considered to be a landfill, and the contingent plans must meet all of the closure, post-closure, and financial responsibility requirements for landfills under LAC 33:V.Chapters 35 and 37.

D. Owners or operators of tanks subject to the accumulation exclusion of LAC 33:V.1015.B are exempt from the requirements of LAC 33:V.Chapters 35 and 37, except for LAC 33:V.3507.

La. Admin. Code tit. 33, § V-1915

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 13:651 (November 1987), amended LR 16:614 (July 1990), LR 18:1256 (November 1992), amended by the Office of Waste Services, Hazardous Waste Division, LR 23:1511 (November 1997), amended by the Office of the Secretary, LR 24:2245 (December 1998), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46935 (7/1/2020).

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