La. Admin. Code tit. 33 § V-4462

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

Section V-4462 - Design Requirements

A. The owner or operator of each new surface impoundment unit, each lateral expansion of a surface impoundment unit, and each replacement of an existing surface impoundment unit must install two or more liners and a leachate collection and removal system between the liners and operate the leachate collection and removal system in accordance with LAC 33:V.2903.J, unless exempted under LAC 33:V.2903.C, K, or L.

B. The owner or operator of each unit referred to in Subsection A of this Section must notify the Office of Environmental Services at least 60 days prior to receiving waste. The owner or operator of each facility submitting notice must file a Part II application within six months of the receipt of such notice.

C. The owner or operator of any replacement surface impoundment unit is exempt from LAC 33:V.4462.A if:

1. the existing unit was constructed in compliance with the design standards of Section 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act; and

2. there is no reason to believe that the liner is not functioning as designed.

D. The double liner requirement set forth in LAC 33:V.4462.A may be waived by the administrative authority for any monofill, if:

1. the monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than the Toxicity Characteristic in LAC 33:V.4903.E (Hazardous Waste Numbers D004-D017 only); and

2. the monofill meets the requirements of LAC 33:V.4462.D.2.a or b:

a. the monofill meets the following criteria:

i. the monofill has at least one liner for which there is no evidence that such liner is leaking. For the purposes of this Section the term liner means a liner designed, constructed, installed, and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed, and operated to prevent hazardous waste or hazardous constituents from migrating beyond the liner to adjacent subsurface soil, groundwater, or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of LAC 33:V.4462.A on the basis of a liner designed, constructed, installed, and operated to prevent hazardous waste or hazardous constituents from passing beyond the liner, at the closure of such impoundment the owner or operator must remove or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner or operator of such impoundment must comply with appropriate post-closure requirements, including but not limited to groundwater monitoring and corrective action;

ii. the monofill is located more than 1/4 mile from an underground source of drinking water (as that term is defined in LAC 33:V.109);

iii. the monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with permits;

b. the owner or operator demonstrates that the monofill is located, designed, and operated so as to assure that there will be no migration of any hazardous waste or hazardous constituents into groundwater or surface water at any future time.

E. In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of LAC 33:V.4462.A and in good faith compliance with LAC 33:V.4462.A and with guidance documents governing liners and leachate collection systems under LAC 33:V.4462.A, no liner or leachate collection system which is different from that which was so installed pursuant to LAC 33:V.4462.A will be required for such unit by the administrative authority when issuing the first permit to such facility, except that the administrative authority will not be precluded from requiring installation of a new liner when the administrative authority has reason to believe that any liner installed pursuant to the requirements of LAC 33:V.4462.A is leaking.

F. A surface impoundment must maintain enough freeboard to prevent any overtopping of the dike by overfilling, wave action, or a storm. Except as provided in LAC 33:V.4462.B, there must be at least 2 feet (60 cm) of freeboard.

G. A freeboard level less than 2 feet (60 cm) may be maintained if the owner or operator obtains certification by a qualified engineer that alternate design features or operating plans will, to the best of his knowledge and opinion, prevent overtopping of the dike. The certification, along with a written identification of these alternate design features or operating plans which prevent overtopping, must be maintained at the facility.

H. Surface impoundments that are newly subject to RCRA Section 3005(j)(1) due to the promulgation of additional listings or characteristics for the identification of hazardous waste must be in compliance with LAC 33:V.4462.A, C, and D not later than 48 months after the promulgation of the additional listing or characteristic. This compliance period shall not be cut short as the result of the promulgation of land disposal prohibitions under LAC 33:V.Chapter 22 or the granting of an extension to the effective date of a prohibition in accordance with LAC 33:V.2239, within this 48-month period.

La. Admin. Code tit. 33, § V-4462

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 16:220 (March 1990), amended LR 17:368 (April 1991), LR 18:723 (July 1992), LR 20:1000 (September 1994), LR 21:266 (March 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2508 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2483 (October 2005), LR 33:2135 (October 2007), LR 34:1006 (June 2008).

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