La. Admin. Code tit. 33 § V-3513

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

Section V-3513 - Closure; Time Allowed for Closure

A. Within 90 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator receives administrative authority allowance pursuant to LAC 33:V.3513.D and complies with all applicable requirements in LAC 33:V.3513.D and E, at a hazardous waste management unit or facility, the owner or operator must treat, remove from the facility or unit, or dispose of on-site, all hazardous wastes in accordance with the approved closure plan. The administrative authority may approve a longer period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that:

1. the activities required to comply with this Paragraph will, of necessity, take longer than 90 days to complete, or

2. the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the owner or operator receives administrative authority allowance pursuant to LAC 33:V.3513.D and complies with LAC 33:V.3513.D and E, and there is a reasonable likelihood that he or another person will recommence operation of the site, as provided in LAC 33:V.321; and

3. closure of the facility would be incompatible with continued operation of the site; and

4. the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment.

B. The owner or operator must complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in LAC 33:V.3513.D and E, at the hazardous waste management unit or facility. The administrative authority may approve an extension to the closure period if the owner or operator complies with all applicable requirements for requesting a permit modification and demonstrates that:

1. the partial or final closure activities will, of necessity, take longer than 180 days to complete; or

2. the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes or has the capacity to receive non-hazardous wastes if the owner or operator complies with LAC 33:V.3513.D and E; and

3. there is a reasonable likelihood that he or another person will recommence operation of the hazardous waste management unit within one year, as provided in LAC 33:V.321; and

4. closure of the facility would be incompatible with continued operation of the site; and

5. he has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed, but inactive hazardous waste management unit including compliance with all applicable permit conditions.

C. The demonstrations referred to in LAC 33:V.3513.A and B must be made as follows:

1. the demonstrations in Subsection A must be made at least 30 days prior to the expiration of the 90-day period in Subsection A; and

2. the demonstration in LAC 33:V.3513.B must be made at least 30 days prior to the expiration of the 180-day period in LAC 33:V.3513.B, unless the owner or operator is otherwise subject to the deadlines in LAC 33:V.3513.D.

D. The administrative authority may allow an owner or operator to receive only non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous wastes at that unit if the following conditions are met.

1. The owner or operator requests a permit modification in compliance with all applicable requirements in LAC 33:V.Chapters 1, 3, 5, 7, 27, 31, and 43, and in the permit modification request demonstrates that:

a. the unit has the existing design capacity as indicated on the Part I application to receive non-hazardous wastes;

b. there is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes in the unit within one year after the final receipt of hazardous wastes;

c. the nonhazardous wastes will not be incompatible with any remaining wastes in the unit, or with the facility design and operating requirements of the unit or facility under LAC 33:V.Chapters 10, 11, 15, 17, 19, 21, 23, 25, 27, 28, 29, 31,32, 33, 35, and 37;

d. closure of the hazardous waste management unit would be incompatible with continued operation of the unit or facility; and

e. the owner or operator is operating and will continue to operate in compliance with all applicable permit requirements.

2. The request to modify the permit includes an amended waste analysis plan, groundwater monitoring and response program, human exposure assessment required under LAC 33:V.503.A, and closure and post-closure plans, and updated cost estimates and demonstrations of financial assurance for closure and post-closure care as necessary and appropriate to reflect any changes due to the presence of hazardous constituents in the non-hazardous wastes and changes in closure activities, including the expected year of closure if applicable under LAC 33:V.3511.B.7, as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes.

3. The request to modify the permit includes revisions, as necessary and appropriate, to affected conditions of the permit to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes.

4. The request to modify the permit and the demonstrations referred to in LAC 33:V.3513.D.1 and 2 are submitted to the administrative authority no later than 120 days prior to the date on which the owner or operator of the facility receives the known final volume of hazardous wastes at the unit, or no later than 90 days after the effective date of this rule, whichever is later.

E. In addition to the requirements in LAC 33:V.3513.D, an owner or operator of a hazardous waste surface impoundment that is not in compliance with the liner and leachate collection system requirements in LAC 33:V.Chapter 29 must do the following.

1. Submit to the Office of Environmental Services, with the request to modify the permit:

a. a contingent corrective measures plan, unless a corrective action plan has already been submitted under LAC 33:V.3319; and

b. a plan for removing hazardous wastes in compliance with LAC 33:V.3513.E.2.

2. Remove all hazardous wastes from the unit by removing all hazardous liquids and removing all hazardous sludges to the extent practicable without impairing the integrity of the liner(s), if any.

3. Removal of hazardous wastes must be completed no later than 90 days after the final receipt of hazardous wastes. The administrative authority may approve an extension to this deadline if the owner or operator demonstrates that the removal of hazardous wastes will, of necessity, take longer than the allotted period to complete and that an extension will not pose a threat to human health and the environment.

4. If a release that is a statistically significant increase (or decrease in the case of pH) over background values for detection monitoring parameters or constituents specified in the permit or that exceeds the facility's groundwater protection standard at the point of compliance, if applicable, is detected in accordance with the requirements in LAC 33:V.Chapter 33, the owner or operator of the unit:

a. must implement corrective measures in accordance with the approved contingent corrective measures plan required by LAC 33:V.3513.E.1 no later than one year after detection of the release or approval of the contingent corrective measures plan, whichever is later;

b. may continue to receive wastes at the unit following detection of the release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; and

c. may be required by the administrative authority to implement corrective measures in less than one year or to cease the receipt of wastes until corrective measures have been implemented if necessary to protect human health and the environment.

5. During the period of corrective action, the owner or operator shall provide semiannual reports to the administrative authority that describe the progress of the corrective action program, compile all groundwater monitoring data, and evaluate the effect of the continued receipt of non-hazardous wastes on the effectiveness of the corrective action.

6. The administrative authority may require the owner or operator to commence closure of the unit if the owner or operator fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within one year as required in LAC 33:V.3513.E.4, or fails to make substantial progress in implementing corrective action and achieving the facility's groundwater protection standard or background levels if the facility has not yet established a groundwater protection standard.

7. If the owner or operator fails to implement corrective measures as required in LAC 33:V.3513.E.4, or if the administrative authority determines that substantial progress has not been made pursuant to LAC 33:V.3513.E.6, he or she shall do the following.

a. The administrative authority will notify the owner or operator in writing that the owner or operator must begin closure in accordance with the deadlines in LAC 33:V.3513.A and B, and provide a detailed statement of reasons for this determination.

b. The administrative authority will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the decision no later than 20 days after the date of the notice.

c. If the administrative authority receives no written comments, the decision will become final five days after the close of the comment period. The administrative authority will notify the owner or operator that the decision is final, and that a revised closure plan, if necessary, must be submitted within 15 days of the final notice, and that closure must begin in accordance with the deadlines in LAC 33:V.3513.A and B.

d. If the administrative authority receives written comments on the decision, he or she shall make a final decision within 30 days after the end of the comment period, and provide the owner or operator in writing and the public through a newspaper notice with a detailed statement of reasons for the final decision. If the administrative authority determines that substantial progress has not been made, closure must be initiated in accordance with the deadlines in LAC 33:V.3513.A and B.

e. The final determinations made by the administrative authority under LAC 33:V.3513.E.7.c and d are not subject to administrative appeal.

La. Admin. Code tit. 33, § V-3513

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 13:433 (August 1987), LR 17:478 (May 1991), LR 20:1000 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2486 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2466 (October 2005), LR 33:2117 (October 2007), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46939 (7/1/2020).

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