La. Admin. Code tit. 33 § V-2911

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

Section V-2911 - Closure and Post-Closure Care

A. At closure, 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; or

B. if some waste residues or contaminated materials are left in place at final closure, the owner or operator must either:

1. 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; or

2. comply with all post-closure requirements contained in LAC 33:V.3519 and 3527; including maintenance and monitoring throughout the post-closure care period (specified in the permit under LAC 33:V.3521). The owner or operator must:

a. maintain the integrity and effectiveness of the final cover including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;

b. maintain and monitor the leak detection system in accordance with LAC 33:V.2903 and 2907.E and comply with all other applicable leak detection system requirements of this Chapter;

c. maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of LAC 33:V.Chapter 33; and

d. prevent run-on and run-off from eroding or otherwise damaging the final cover.

C. Manage the closure to:

1. eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and residues;

2. stabilize remaining wastes to a bearing capacity sufficient to support final cover; and

3. cover the surface impoundment with a final cover designed and constructed to:

a. provide long-term minimization of the migration of liquids through the closed impoundment;

b. function with minimum maintenance;

c. promote drainage and minimize erosion or abrasion of the final cover;

d. accommodate settling and subsidence so that the cover's integrity is maintained; and

e. have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

D. Special Closure

1. If an owner or operator plans to close a surface impoundment in accordance with Subsection A of this Section, and the impoundment does not comply with the liner requirements of LAC 33:V.2903.A and is not exempt from them in accordance with LAC 33:V.2903.B, then:

a. the closure plan for the impoundment under LAC 33:V.3511 must include both a plan for complying with LAC 33:V.2911.A and a contingent plan for complying with LAC 33:V.2911.B in case all contaminated subsoils cannot be practicably removed at closure; and

b. the owner or operator must prepare a contingent post-closure plan under LAC 33:V.3523 complying with LAC 33:V.2911.B in case all contaminated subsoils cannot be practicably removed at closure.

2. The cost estimates calculated under LAC 33:V.3705 and 3709 for closure and post-closure care of an impoundment subject to this Subpart must include the cost of complying with the contingent post-closure plan, but are not required to include the cost of expected closure under LAC 33:V.2911.A.

E. During the post-closure care period, if liquids leak into a leak detection system the owner or operator must notify the administrative authority of the leak in writing within seven days after detecting the leak.

La. Admin. Code tit. 33, § V-2911

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 18:1256 (November 1992), LR 20:1000 (September 1994), LR 20:1109 (October 1994), amended by the Office of the Secretary, LR 24:2246 (December 1998).

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