La. Admin. Code tit. 33 § V-2203

Current through Register Vol. 50, No. 6, June 20, 2024
Section V-2203 - Definitions Applicable to This Chapter
A. When used in this Chapter the following terms have the meanings given below.

Cone of Influence- that area around the well within which increased injection zone pressures caused by injection into the waste injection well could drive fluids into an underground source of drinking water (USDW).

Confining Zone- a geological formation, group of formations, or part of a formation that is capable of limiting fluid movement above an injection zone.

Debris- solid material exceeding a 60-mm particle size that is intended for disposal and that is a manufactured object, or plant or animal matter, or natural geologic material. However, the following materials are not debris: any material for which a specific treatment standard is provided in LAC 33:V.Chapter 22.Subchapter A, namely lead acid batteries, cadmium batteries, and radioactive lead solids; process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75 percent of their original volume. A mixture of debris that has not been treated to the standards provided by LAC 33:V.2230 with other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.

Duly Authorized Representative- an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager or superintendent, or a position of equivalent responsibility (a duly authorized representative may be thus be either a named individual or any individual occupying a named position), designated or named in writing by one of the following:

a. for a corporation, by a responsible corporate officer; for the purposes of this Chapter, responsible corporate officer means:

i. a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

ii. the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

b. for a partnership or sole proprietorship, by a general partner or the proprietor, respectively;

c. for a municipality, state, federal, or other public agency, by either a principal executive officer or ranking elected official.

Formation- a body of consolidated or unconsolidated rock characterized by a degree of lithologic homogeneity which is prevailingly, but not necessarily, tabular and is mappable on the earth's surface or traceable in the subsurface.

Halogenated Organic Compounds or HOCs- those compounds having a carbon-halogen bond which are listed in LAC 33:V.2299.Appendix, Table 5.

Hazardous Constituent(s)- those constituents listed in LAC 33:V.3105,Table 1.

Hazardous Debris- debris that contains a hazardous waste listed in LAC 33:V.4903 or that exhibits a characteristic of hazardous waste identified in LAC 33:V.4901. Any deliberate mixing of prohibited hazardous waste with debris that changes its treatment classification (i.e., from waste to hazardous debris) is not allowed under the dilution prohibition in LAC 33:V.2207.

Injection Interval- the part of the injection zone in which the well is screened, or in which the waste is otherwise directly emplaced.

Injection Zone- a geological formation, group of formations, or part of a formation receiving fluids through an injection well.

Inorganic Metal-Bearing Waste - a waste for which the department has established treatment standards for metal hazardous constituents and which does not otherwise contain significant organic or cyanide content as described in LAC 33:V.2207.C.1, and is specifically listed in LAC 33:V.2299, Appendix, Table 5.

Land Disposal- placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt-dome formation, salt-bed formation, underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes.

Mechanical Integrity- an injection well has mechanical integrity if:

a. there is no significant leak in the casing, tubing, or packer; and

b. there is no significant fluid movement into an underground source of drinking water through vertical channels adjacent to the injection well bore.

Nonwastewaters- wastes that do not meet the criteria for wastewaters defined in this Section.

Petitioner- a person, or his or her duly authorized representative, who has legal authority and responsibility for a facility that generates, transports, treats, stores, or disposes of any hazardous waste, and who submits a written request to the administrative authority for an exemption, extension, or variance to allow the land disposal of an otherwise prohibited waste.

Polychlorinated Biphenyls or PCBs- any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees, or any combination of substances which contains such substance.

Soil- unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. Soil Conservation Service, or a mixture of such materials with liquids, sludges, or solids, that is inseparable by simple mechanical removal processes and is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment classification (i.e., from waste to contaminated soil) is not allowed under the dilution prohibition in LAC 33:V.2207.

Transmissive Fault or Fracture- a fault or fracture that has sufficient permeability and vertical extent to allow fluids to move between formations.

Treatment-Repealed.

a. solidification of hazardous waste by the addition of absorbent material which produces a change only in the physical character of the waste without a corresponding change in the chemical character of the waste;

b. treatment occurring directly in or on the land, such as land treatment, except that treatment may include in situ treatment necessary for site remediation;

c. dilution of hazardous waste by the addition of nonhazardous material; and/or

d. evaporation in a surface impoundment.

Underground Source of Drinking Water or USDW- an aquifer or its portion:

a. which supplies any public water system; or

b. which contains a sufficient quantity of groundwater to supply a public water system, and:

i. currently supplies drinking water for human consumption; or

ii. contains fewer that 10,000 mg/L total dissolved solids; and

c. which is not an aquifer exempted by the Department of Natural Resources, Office of Conservation.

Underlying Hazardous Constituent-any constituent listed in LAC 33:V.2299.Appendix, Table 7, Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standard.

Wastewaters- wastes that contain less than 1 percent by weight total organic carbon (TOC) and less than 1 percent by weight total suspended solids (TSS).

B. All other terms are used as defined in Chapter 1 of these regulations.

La. Admin. Code tit. 33, § V-2203

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 15:378 (May 1989), amended LR 16:221 (March 1990), LR 16:1057 (December 1990), LR 17:658 (July 1991), LR 21:266 (March 1995), LR 22:22 (January 1996), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:667 (April 1998), LR 25:442 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:280 (February 2000), Amended by the Office of the Secretary, Legal Division, LR 431142 (6/1/2017), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46896 (7/1/2020).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.