La. Admin. Code tit. 33 § V-405

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

Section V-405 - Requirements for Commercial TSD Facilities

A. Secretary's Site Assessment and Report

1. The secretary shall assess the impact of the location of a commercial hazardous waste treatment, storage, or disposal facility on the citizens of the surrounding area, the local infrastructure, and the environment. The secretary shall issue a site assessment report summarizing his findings.

2. The site assessment shall be based upon information in the record including, but not limited to, information required by the regulations to be submitted by the permit applicant. Information regarding the topics listed under "Information Required" in Table 1 identifies and summarizes appropriate information for the site assessment. The "Regulatory Citation" section of the table identifies some of the regulatory requirements to submit information in the Part II hazardous waste permit application.

3. In addition to all other requirements, the permit applicant shall submit a stand-alone document entitled "Commercial Siting Assessment Report," certified in accordance with LAC 33:V.513, that addresses the siting and location issues. In addition to the information otherwise required by the regulations to be submitted as part of the permit application, the applicant's report shall provide sufficient information to address the topics in Table 1. The applicant shall expand these issues or elaborate its response as may be appropriate for some types of TSD facilities. If at any time during the application review process the "Commercial Siting Assessment Report" portion of the application is found, by the department, to contain technical deficiencies, the permit applicant shall submit an updated version of the report.

Table 1 Statutory Requirements
Item	Statutory Citation [All found in R.S. 30:2178]	Information Required	Regulatory Citation [All found in LAC 33:V]
11	A	Roads and Transportation	§ 517 K0 § 517. T.6.e § 1503. C 10 § 1513
21	A	Schools	§ 517. B.5 § 517. T.6.a
31	A	Medical Institutions	§ 517. B.5 § 1503. C.2 § 1513
41	A	Police and Fire Departments	§ 1503. C.2 § 1513
52	B.(2)(a)(i)	Wetlands	§ 517. T.5.a § 1503. B.6
62	B.(2)(a)(ii)	Wildlife Management Area or Wildlife Preserve	§ 517. T.5.a § 1503. B.6 § 3307. B.1.h § 3307. B.2.i
72	B.(2)(a)(iii)	Aquifer Recharge Zone	§ 3307. B.2
82	B.(2)(b)(i)	Schools or Day Care Centers	§ 517. B.5 § 517. T.6.a
92	B.(2)(b)(ii)	Hospitals or Nursing Homes	§ 517. B.5 § 517. T.6.a
102	B.(2)(b)(iii)	Food Storage Area	§ 517. B.5 § 2703. I § 2709 § 3203. A.9
112	B.(2)(b)(iv)	Public Buildings or Entertainment Facilities	§ 517. B.5
122	B.(2)(b)(v)	Residential Area	§ 517. B.5 § 517. T.6.a
132	B.(2)(b)(vi)	Prisons	§ 517. B.5 § 517. T.6.a
142,3	B.(2)(b)(vii)	Number and Density of Existing Hazardous and Solid Waste Disposal Facilities and Inactive and Abandoned Hazardous Waste Sites	§ 515. A 15
152,3	B.(2)(b)(viii)	Number and Density of Industries that Discharge Any Hazardous Substances	§ 515. A 15
164	B.(2)(b)(ix)	Existing Community Health Problem	§ 3203. A.8 § 3203. B 10 § 3203. C.6
175	B.(2)(c)	Impact on Economic Development	§ 517. T.6.c

¹Items 1-4 denote issues that may also be addressed through the local governmental subdivision Infrastructure Assessment Report.

²The applicant's responses to Items 5-15 must include an aerial photograph clearly identifying all required information as of the date of the submittal. The aerial photograph must extend 2 miles beyond the property line at a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet). The photograph date, scale, and orientation (north arrow) must be clearly identified on it.

³The applicant's responses to Items 14-15 must include, at a minimum, name, address, facility type (e.g., hazardous waste disposal facility, solid waste disposal facility, inactive and abandoned waste site, industrial code), waste/substance descriptions, type(s) of discharge permit(s), source of information, and documentation of the extent of the applicant's efforts to identify such facilities. Applicant must also discuss density of existing facilities in the 2-mile area and make comparisons as appropriate.

⁴The applicant's response to Item 16 must be answered in sufficient detail to assist the department in making a site assessment determination. The applicant must identify any existing community health problems that may be aggravated by the operation of a commercial hazardous waste disposal facility and include documentation of the extent of the applicant's efforts to identify such problems.

⁵The applicant's response to Item 17 must identify all potential positive and negative impacts on economic development and include documentation of the extent of the applicant's efforts to identify such impacts.

B. Specific Site Requirements for Commercial Facilities

1. Proximity and Location of Waste Management Units

a. No waste management unit shall be located within 200 feet of an environmentally sensitive area including, but not limited to:

i. a wetland;

ii. a wildlife management area or preserve; or

iii. an aquifer recharge zone.

b. No waste management unit shall be located within 200 feet of any area that may result in an undue risk to human health including, but not limited to:

i. a school or day care center;

ii. a hospital or nursing home;

iii. a facility or structure used to store or contain foodstuffs for human or animal consumption;

iv. a public building or entertainment facility;

v. a residential area;

vi. a prison;

vii. other hazardous waste disposal facilities, solid waste disposal facilities, and inactive and abandoned hazardous waste sites;

viii. other industrial facilities that discharge hazardous or toxic substances into the air or water; or

ix. a preexisting community health problem that may be aggravated by the operation of a commercial hazardous waste disposal facility.

c. No waste management unit shall be located in such a manner so as to preclude the further economic development of the area.

2. The administrative authority may approve, on a case-by-case basis, an alternative to the requirements in Subparagraph B.1.a or b of this Section if the applicant can affirmatively demonstrate that as a result of site-specific circumstances, the location of the proposed waste management unit will not adversely impact an environmentally sensitive area, impose an undue risk to human health, or preclude further economic development of the area.

3. The siting assessment, as determined by this Section, does not preclude any requirements the permit applicant must meet in order to satisfy local zoning ordinances in place at the time the application is submitted to the department.

La. Admin. Code tit. 33, § V-405

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 27:285 (March 2001).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2178.