La. Admin. Code tit. 33 § V-3303

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

Section V-3303 - Required Programs

A. Owners and operators subject to this Chapter must conduct a monitoring and response program as follows.

1. Whenever hazardous constituents under LAC 33:V.3307 from a regulated unit are detected at the compliance point under LAC 33:V.3311, the owner or operator must institute a compliance monitoring program under LAC 33:V.3319. Detected is defined as statistically significant evidence of contamination as described in LAC 33:V.3317.F.

2. Whenever the groundwater protection standard under LAC 33:V.3305 is exceeded, the owner or operator must institute a corrective action program under LAC 33:V.3321. Exceeded is defined as statistically significant evidence of increased contamination as described in LAC 33:V.3319.D.

3. Whenever hazardous constituents under LAC 33:V.3307 from a regulated unit exceed concentration limits under LAC 33:V.3309 in groundwater between the compliance point under LAC 33:V.3311 and the downgradient facility property boundary, the owner or operator must institute a corrective action program under LAC 33:V.3321.

4. In all other cases, the owner or operator must institute a detection monitoring program under LAC 33:V.3317.

B. The administrative authority will specify in the facility permit the specific elements of the monitoring and response program. The administrative authority may include one or more of the programs identified in LAC 33:V.3303.A in the facility permit as may be necessary to protect human health and the environment. The administrative authority will specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the administrative authority will consider the potential adverse effects on human health and the environment that might occur before final administrative action on a permit modification application to incorporate such a program could be taken.

C. In addition, all permitted facilities where pre-existing groundwater contamination continues to be present shall be required to institute compliance monitoring as required in LAC 33:V.3319 of this Chapter and corrective action programs as required in LAC 33:V.3321 of this Chapter. In no case shall free phase or mobile hazardous constituents be unmitigated. Hazardous constituents shall be isolated, reduced or stabilized consistent with the application of good engineering practices and best practical technology.

D. All permits for facilities with pre-existing groundwater contamination shall contain a permit condition containing the concentration limits of hazardous constituents established consistent with LAC 33:V.3305, 3307, and 3309. In no case shall other than background concentration limits be listed in the initial permit. Compliance with corrective action programs required in LAC 33:V.3303, 3319, and 3321 will constitute a permitted variance. Corrective action programs shall be reviewed annually and may be based on predictive computer modeling. Alternate concentrations provided in LAC 33:V.3309.A or B may be set by permit amendment should the original concentration limits be unattainable within 36 months.

La. Admin. Code tit. 33, § V-3303

Promulgated by the department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 10:280 (April 1984), LR 10:496 (July 1984), LR 16:614 (July 1990), LR 18:1256 (November 1992).

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