La. Admin. Code tit. 33 § V-4367

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

Section V-4367 - Applicability

Facilities that have interim status must comply with this Subchapter in lieu of LAC 33:V.Chapter 33.

A. The owner or operator of a surface impoundment, landfill, or land treatment facility, which is used to manage hazardous waste, must implement a groundwater monitoring program capable of determining the facility's impact on the quality of groundwater in the uppermost aquifer underlying the facility, except as LAC 33:V.4301 and Subsection C of this Section provide otherwise.

B. Except as LAC 33:V.4367.C and D provide otherwise, the owner or operator must install, operate, and maintain a groundwater monitoring system which meets the requirements of LAC 33:V.4369 and must comply with LAC 33:V.4371, 4373, and 4375. This groundwater monitoring program must be carried out during the active life of the facility, and for disposal facilities, during the post-closure care period as well.

C. If an owner or operator assumes (or knows) that groundwater monitoring of indicator parameters, in accordance with LAC 33:V.4369 and 4371, would show statistically significant increases (or decreases in the case of pH) when evaluated under LAC 33:V.4373.B, he may install, operate, and maintain an alternate groundwater monitoring system (other than the one described in LAC 33:V.4371 and 4373). If the owner or operator decides to use an alternate groundwater monitoring system he must:

1. within one year after the effective date of these regulations, develop a specific plan, certified by a qualified geologist or geotechnical engineer, that satisfies the requirements of LAC 33:V.4373.G, for an alternate groundwater monitoring system. This plan is to be placed in the facility's operating record and maintained until closure of the facility;

2. not later than one year after the effective date of these regulations, initiate the determinations specified in LAC 33:V.4373.H;

3. prepare a report in accordance with LAC 33:V.4373.I and place it in the facility's operating record and maintain until closure of the facility;

4. continue to make the determinations specified in LAC 33:V.4373.H on a quarterly basis until final closure of the facility; and

5. comply with the recordkeeping and report requirements in LAC 33:V.4375.B.

D. The groundwater monitoring requirements of this Subchapter may be waived with respect to any surface impoundment that is used to neutralize wastes which are hazardous solely because they exhibit the corrosivity characteristic under LAC 33:V.4903.C or listed as hazardous wastes in LAC 33:V.4901 only for the reason that they are corrosive and the surface impoundment contains no other hazardous wastes, if the owner or operator can demonstrate that there is no potential for migration of hazardous wastes from the impoundment. The demonstration must establish, based upon consideration of the characteristics of the wastes and the impoundment, that the corrosive wastes will be neutralized to the extent that they no longer meet the corrosivity characteristic before they can migrate out of the impoundment. The demonstration must be in writing and must be certified by a qualified professional and must be approved by the administrative authority.

E. The administrative authority may replace all or part of the requirements of this Chapter applying to a regulated unit (as defined in LAC 33:V.3301) with alternative requirements developed for groundwater monitoring set out in an approved closure or post-closure plan or in an enforceable document (as defined in LAC 33:V.305.H), where the administrative authority determines that:

1. a regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have contributed to the release; and

2. it is not necessary to apply the requirements of this Chapter because the alternative requirements will protect human health and the environment. The alternative standards for the regulated unit must meet the requirements of LAC 33:V.4379.A and B.

La. Admin. Code tit. 33, § V-4367

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended by the Office of Waste Services, Hazardous Waste Division, LR 25:484 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2499 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2126 (October 2007), LR 34:633 (April 2008), LR 34:1002 (June 2008), LR 34:1899 (September 2008).

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