La. Admin. Code tit. 33 § V-4389

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

Section V-4389 - Post-Closure Care and Use of Property

A. Post-closure care for each hazardous waste management unit subject to the requirements of LAC 33:V.4389-4395 must begin after completion of closure of the unit and continue for 30 years after that date. It must consist of at least the following:

1. monitoring and reporting in accordance with the requirements of LAC 33:V.Chapter 43.Subchapters E, J, K, L, and M; and

2. maintenance and monitoring of waste containment systems in accordance with the requirements of LAC 33:V.Chapter 43.Subchapters E, J, K, L, and M.

B. Any time preceding closure of a hazardous waste management unit subject to post-closure care requirements or final closure, or any time during the post-closure period for a particular hazardous waste disposal unit, the administrative authority may:

1. shorten the post-closure care period applicable to the hazardous waste management unit, or facility, if all disposal units have been closed, if he finds that the reduced period is sufficient to protect human health and the environment (e.g., leachate or groundwater monitoring results, characteristics of the hazardous waste, application of advanced technology, or alternative disposal treatment, or re-use techniques indicate that the hazardous waste management unit or facility is secure); or

2. extend the post-closure care period applicable to the hazardous waste management unit or facility, if he finds that the extended period is necessary to protect human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).

C. The owner or operator may elect to demonstrate a shortened post-closure care period meets the requirements of Paragraph B.1 of this Section by using risk assessment methodology. The risk assessment must demonstrate that the shortened post-closure care period is protective of human health and the environment in accordance with LAC 33:I.Chapter 13.

D. The administrative authority may require, at partial and final closure, continuation of any of the security requirements of LAC 33:V.4315 during part or all of the post-closure period when:

1. hazardous wastes may remain exposed after completion of partial or final closure; or

2. access by the public or domestic livestock may pose a hazard to human health.

E. Post-closure use of property on or in which hazardous wastes remain after partial or final closure must never be allowed to disturb the integrity of the final cover, liner(s), or any other components of the containment system, or the function of the facility's monitoring systems, unless the administrative authority finds that the disturbance:

1. is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or

2. is necessary to reduce a threat to human health or the environment.

F. All post-closure care activities must be in accordance with the provisions of the approved post-closure plan as specified in LAC 33:V.4391.

La. Admin. Code tit. 33, § V-4389

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 10:496 (July 1984), LR 13:433 (August 1987), LR 18:723 (July 1992), amended by the Office of the Secretary, LR 24:2248 (December 1998).

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