La. Admin. Code tit. 33 § V-3701

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

Section V-3701 - Applicability

A. The requirements of this Chapter apply to owners and operators of all hazardous waste facilities, except as provided otherwise in this Part.

B. The requirements of LAC 33:V.3709 and 3711 apply only to owners and operators of:

1. disposal facilities;

2. piles and surface impoundments from which the owner or operator intends to remove the wastes at closure, to the extent that these sections are made applicable to such facilities in LAC 33:V.Chapters 23 and 29;

3. tank systems that are required under LAC 33:V.1915 to meet the requirements for landfills; and

4. containment buildings that are required under LAC 33:V.1803 to meet the requirements for landfills.

C. States and the federal government are exempt from the requirements of this Chapter.

COMMENT: The permit application should include a description of the financial structure of the operating unit including capital structure, principal ownership, and insurance coverage for personal injury and property damage.

D. The administrative authority may replace all or part of the requirements of this Chapter applying to a regulated unit with alternative requirements for financial assurance set out in the permit or in an enforceable document (as defined in LAC 33:V.305.H), where the administrative authority:

1. prescribes alternative requirements for the regulated unit under LAC 33:V.3301.G and/or 3501.D; and

2. determines that it is not necessary to apply the requirements of this Chapter because the alternative financial assurance requirements will protect human health and the environment.

La. Admin. Code tit. 33, § V-3701

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 16:614 (July 1990), LR 21:266 (March 1995), amended by the Office of Waste Services, Hazardous Waste Division, LR 25:481 (March 1999).

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