La. Admin. Code tit. 33 § VII-1103

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

Section VII-1103 - On-Site Soil Reuse Requirements

A. Soil that is to be reused on-site is exempt from these regulations provided the level of contaminants in the soil is at or below the pertinent RECAP standards developed by the department in accordance with LAC 33:I.Chapter 13, as applicable to surface soil meeting the non-industrial standards in the RECAP document. This Section is limited to in situ contaminated soil and does not include sludges and sediments from regulated solid waste units. Any person claiming this exemption shall have records clearly documenting the particular soils reused on-site pursuant to the exemption, including, for example, soil source, soil quantities, and site locations where the soil was reused.

B. Soil that is not exempt under Subsection A of this Section and that is to be reused on-site at an industrial/commercial property, as that term is defined in the RECAP document, is exempt from these regulations, provided that:

1. the level of contaminants in the soil is at or below the pertinent RECAP standards developed by the department in accordance with LAC 33:I.Chapter 13, as applicable to surface soil located in an area meeting the industrial standards (MO-1 or MO-2) in the RECAP document;

2. the owner or operator of the property notifies the Office of Environmental Services, in writing, of his intent to reuse soil on-site, and attaches the following to the notification:

a. a characterization of the soil in question;

b. a description of the property in question;

c. a description of the proposed uses of the soil on-site (e.g., levee construction, road bed construction, construction fill, daily cover in a regulated facility, etc.); and

d. an on-site soil reuse plan regarding the reuse of the soil in question, which shall address at least the following:

i. procedures for storage of the soil pending reuse;

ii. procedures for handling, transportation, and application of the soil on-site;

iii. procedures for recordkeeping; and

iv. any other procedures required for the protection of human health and the environment (e.g., security, restricted site access, institutional controls, control of storm water runoff, etc.); and

3. the administrative authority notifies the owner/operator of the facility upon the approval of the on-site soil reuse plan.

C. Soil that is not addressed in Subsection A or B of this Section and that is to be reused on-site shall be addressed in accordance with LAC 33:VII.303.A.11, or LAC 33:VII.Chapter 11, or as otherwise deemed appropriate by the administrative authority.

La. Admin. Code tit. 33, § VII-1103

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended by the Office of the Secretary, Legal Affairs Division, LR 33:1086 (June 2007), LR 33:2153 (October 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.