La. Admin. Code tit. 33 § V-4377

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

Section V-4377 - Applicability

Except as LAC 33:V.4307 provides otherwise:

A. LAC 33:V.4379-4387 (which concerns closure) apply to the owners and operators of all hazardous waste management facilities; and

B. LAC 33:V.4389-4395 (which concerns post-closure care) apply to the owners and operators of:

1. all hazardous waste disposal facilities;

2. waste piles, and surface impoundments for 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.4457 and 4475;

3. tank systems that are required under LAC 33:V.4442 to meet the requirements for landfills; and

4. containment buildings that are required under LAC 33:V.4705 to meet the requirements for landfills.

C. LAC 33:V.4396 applies to owners and operators of units that are subject to the requirements of LAC 33:V.305.H and are regulated under an enforceable document (as defined in LAC 33:V.305.H).

D. The administrative authority may replace all or part of the requirements of this Subchapter (and the unit-specific standards in LAC 33:V.4379.A.3) applying to a regulated unit (as defined in LAC 33:V.3301), with alternative requirements for closure 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 closure requirements of this Chapter (and/or those referenced herein) because the alternative requirements will protect human health and the environment and will satisfy the closure performance standards of LAC 33:V.4379.A-A.2.

La. Admin. Code tit. 33, § V-4377

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 16:219 (March 1990), LR 16:614 (July 1990), LR 21:266 (March 1995), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:1109 (June 1998), LR 25:485 (March 1999).

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