La. Admin. Code tit. 33 § V-4391

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

Section V-4391 - Post-Closure Plan; Amendment of Plan

A. Written Plan. By May 19, 1988, the owner or operator of a hazardous waste disposal unit must have a written post-closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous wastes at closure must prepare a post-closure plan and submit it to the Office of Environmental Services within 90 days of the date that the owner or operator or administrative authority determines that the hazardous waste management unit or facility must be closed as a landfill, subject to the requirements of LAC 33:V.4389-4395.

B. Until final closure of the facility, a copy of the most current post-closure plan must be furnished to the administrative authority upon request, including request by mail. In addition, for facilities without approved post-closure plan, it must also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the agency who is duly designated by the administrative authority. After final closure has been certified, the person or office specified in LAC 33:V.4381.C.3 must keep the approved post-closure plan during the post-closure period.

C. For each hazardous waste management unit subject to the requirements of this Subchapter, the post-closure plan must identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least:

1. a description of the planned monitoring activities and frequencies at which they will be performed, to comply with LAC 33:V.Chapter 43.Subchapters E, J, K, L, and M, during the post-closure care period; and

2. a description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:

a. the integrity of the cap and final cover or other containment systems in accordance with the requirements of LAC 33:V.Chapter 43.Subchapters J, K, L, and M; and

b. the function of the monitoring equipment in accordance with the requirements of LAC 33:V.Chapter 43.Subchapters J, K, L, and M; and

3. the name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period;

4. for facilities subject to LAC 33:V.4396, provisions that satisfy the requirements of LAC 33:V.4396.A and B; and

5. for facilities where the administrative authority has applied alternative requirements at a regulated unit under LAC 33:V.4367.E, 4377.D, and/or 4397.D, either the alternative requirements that apply to the regulated unit or a reference to the enforceable document containing those requirements.

D. Amendment of Plan. The owner or operator may amend the post-closure plan any time during the active life of the facility or during the post-closure care period. An owner or operator with an approved post-closure plan must submit a written request to the Office of Environmental Services to authorize a change to the approved plan. The written request must include a copy of the amended post-closure plan for approval by the administrative authority.

1. The owner or operator must amend the post-closure plan whenever:

a. changes in operating plans or facility design affect the post-closure plan;

b. events which occur during the active life of the facility, including partial and final closures, affect the post-closure plan; or

c. the owner or operator requests the administrative authority to apply alternative requirements to a regulated unit under LAC 33:V.3301.G, 3501.D, and/or 3707.D.

2. The owner or operator must amend the post-closure plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post-closure plan.

3. An owner or operator with an approved post-closure plan must submit the modified plan to the Office of Environmental Services at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred that has affected the post-closure plan. If an owner or operator of a surface impoundment or a waste pile who intended to remove all hazardous wastes at closure in accordance with LAC 33:V.4457.B or 4 475.A, is required to close as a landfill in accordance with LAC 33:V.4501, the owner or operator must submit a post-closure plan within 90 days of the determination by the owner or operator or administrative authority that the unit must be closed as a landfill. If the amendment to the post-closure plan is a Class 2 or 3 modification according to the criteria in LAC 33:V.321.C and 322, the modification to the plan will be approved according to the procedures in Subsection F of this Section.

4. The administrative authority may request modifications to the plan under the conditions described in Paragraph D.1 of this Section. An owner or operator with an approved post-closure plan must submit the modified plan no later than 60 days after the request from the administrative authority. If the amendment to the plan is considered a Class 2 or 3 modification according to the criteria in LAC 33:V.321.C and 322, the modifications to the post-closure plan will be approved in accordance with the procedures in Subsection F of this Section. If the administrative authority determines that an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous wastes at closure must close the facility as a landfill, the owner or operator must submit a post-closure plan for approval to the Office of Environmental Services within 90 days of the determination.

E. The owner or operator of a facility with hazardous waste management units subject to these requirements must submit his post-closure plan to the administrative authority at least 180 days before the date he expects to begin partial or final closure of the first hazardous waste disposal unit. The date he "expects to begin closure" of the first hazardous waste disposal unit must be either within 30 days after the date on which the hazardous waste management unit receives the known final volume of hazardous waste, or if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous wastes. The owner or operator must submit the post-closure plan to the Office of Environmental Services no later than 15 days after:

1. termination of interim status (except when a permit is issued to the facility simultaneously with termination of interim status); or

2. issuance of a judicial decree or final orders under Louisiana Environmental Quality Act to cease receiving wastes or close.

F. The administrative authority will provide the owner or operator and the public through a newspaper notice, the opportunity to submit written comments on the post-closure plan and request modifications to the plan no later than 30 days from the date of the notice. The administrative authority will also, in response to a request or at the administrative authority's own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a post-closure plan. The administrative authority will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.) The administrative authority will approve, modify, or disapprove the plan within 90 days of its receipt. If the administrative authority does not approve the plan, he or she shall provide the owner or operator with a detailed written statement of reasons for the refusal, and the owner or operator must modify the plan or submit a new plan for approval within 30 days after receiving such written statement. If the administrative authority modifies the plan, this modified plan becomes the approved post-closure plan. The administrative authority must ensure that the approved post-closure plan is consistent with LAC 33:V.4389-4395. A copy of the modified plan with a detailed statement of reasons for the modifications must be mailed to the owner or operator.

G. The post-closure plan and length of the post-closure care period may be modified any time prior to the end of the post-closure care period in either of the following two ways.

1. The owner or operator or any member of the public may petition the administrative authority to extend or reduce the length or alter the requirements of the post-closure care period applicable to a hazardous waste management unit or facility based on cause.

a. The petition must include evidence demonstrating that:

i. the secure nature of the hazardous waste management unit or facility makes the post-closure care requirement(s) unnecessary or supports reduction of the post-closure care period specified in the current post-closure plan (e.g., leachate or groundwater monitoring results, characteristics of the wastes, application of advanced technology, or alternative disposal, treatment, or reuse techniques indicate that the facility is secure); or

ii. the requested extension in the post-closure care period or alteration of post-closure care requirements is necessary to prevent threats to 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).

b. A petition will be considered by the administrative authority only when it presents new and relevant information not previously considered by the administrative authority. Whenever the administrative authority is considering a petition, the administrative authority will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice. The administrative authority will also, in response to a request or at the administrative authority's own discretion, hold a public hearing whenever a hearing might clarify one or more issues concerning the post-closure plan. The administrative authority will give the public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for written public comments, and the two notices may be combined.) After considering the comments, the administrative authority will issue a final determination, based upon the criteria set forth in LAC 33:V.4391.G.1.

c. If the administrative authority denies the petition, he will send the petitioner a brief written response giving a reason for the denial.

2. The administrative authority may tentatively decide to modify the post-closure plan if he or she decides that modification is necessary to prevent threats to human health and the environment. The administrative authority may propose to extend or reduce the length of or alter the requirements of the post-closure care period applicable to a hazardous waste management unit or facility based on cause or alter the requirements of the post-closure care period based on cause.

a. The administrative authority will provide the owner or operator and the affected public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice and the opportunity for a public hearing as in LAC 33:V.4391.G.1. After considering the comments, the administrative authority will issue a final determination.

b. The administrative authority will base his or her final determination upon the same criteria required for petitions under LAC 33:V.4391.G.1.a. Where appropriate, a modification of the post-closure plan may include the temporary suspension rather than permanent deletion of one or more post-closure care requirements. At the end of the specified period of suspension, the administrative authority would then determine whether the requirement(s) should be permanently discontinued or reinstated to prevent threats to human health and the environment.

La. Admin. Code tit. 33, § V-4391

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 14:791 (November 1988), LR 16:614 (July 1990), LR 18:723 (July 1992), amended by the Office of Waste Services, Hazardous Waste Division, LR 25:485 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2501 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2476 (October 2005), LR 33:2128 (October 2007).

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