La. Admin. Code tit. 33 § VII-1105

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

Section VII-1105 - Beneficial Use of Other Solid Waste

A. An application for beneficial use of solid waste streams shall provide the following information:

1. the name, address, and telephone number of the applicant;

2. the name, address, and telephone number of the applicant's primary contact for departmental correspondence and inquiries, and of the applicant's attorney or other representative, if applicable;

3. the address or site of origin of the solid waste proposed for beneficial use;

4. the chemical and physical characteristics of the material to be beneficially used;

5. statements of the quantity, quality, consistency, and source of the solid waste;

6. a description of the process by which the solid waste is generated, and a demonstration that the generator has minimized the quantity and toxicity of the solid waste proposed for beneficial use to the extent reasonably practicable. The applicant shall provide a detailed narrative and schematic diagram of the production, manufacturing, and/or residue process by which the solid waste that will be beneficially used is generated;

7. a detailed description of the processing activity, if applicable, that will be used to make the solid waste suitable for beneficial use;

8. a demonstration that there is a known or reasonably probable market for the intended use of the beneficial use material, such as a contract to purchase or utilize the material, a description of how the material will be used, and a demonstration that the material complies with industry standards for a product, or other documentation that a market exists;

9. a description of the proposed methods of handling, storing, and utilizing the beneficial use material to ensure that it will not adversely affect the public health or safety, or the environment. This description shall consist of:

a . a statement of procedures to be employed for periodic testing for quality control purposes;

b. a statement of intended storage procedures that will be used, including:

i. run-on/run-off control;

ii. the maximum anticipated inventory;

iii. measures to ensure that no contamination of underlying soil or groundwater occurs;

iv. measures for dispersion control due to wind; and

c. recordkeeping procedures;

10. an acknowledgement that at least 75 percent of the material placed in storage during a year will be sent to market or to other secure storage within the following year, unless the operator demonstrates that a particular order requires greater than one year of product storage prior to shipment;

11. a demonstration that the end use of the material is protective of public health, safety, and the environment;

12. a discussion of the end users of the material and the locations of the end-use; and

13. any other information the secretary may require or the applicant believ e s will demonstrate that the proposed beneficial use of the material will conserve, improve, and/or protect human health, natural resources, and the environment.

B. The application shall be signed by the applicant and the individual or individuals responsible for actually preparing the information and supporting data submitted with the application, each of whom shall certify in writing as follows:

"I have personally examined and am familiar with the information submitted in this document and all attachments thereto, and I certify that, based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the information, the submitted information is true, accurate, and complete to the best of my knowledge and belief."

"I understand that a false statement made in the submitted information may be punishable as a criminal offense, in accordance with La. R.S. 30:2025(F) and in accordance with any other applicable statute."

C. Upon approval the material shall be handled, processed, stored, or otherwise managed in accordance with the proposed plan outlined in the application.

D. Respondents in actions to enforce regulations who raise a claim that the transportation, storage, handling, processing, and/or use of certain material has been approved by the administrative authority pursuant to this Section must demonstrate that there is a known or reasonably probable market or disposition for the material and that the terms of this Section and any department approval are met. In doing so, respondents must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not discarded, but is, instead, subject to beneficial use. In addition, owners or operators of facilities claiming that they actually are preparing materials for beneficial use pursuant to this Section must be able to show that they have the necessary equipment to do so. The administrative authority may revoke or rescind any prior approval provided by the department pursuant to this Section upon failure of a respondent to provide adequate proof in accordance with this Subsection.

E. The Louisiana Pulp and Paper Association and the department established an agreement in May 1997 regarding the applicability of the solid waste regulations (LAC 33:Part VII) to a variety of materials produced by the pulp and paper industry. This agreement, found in LAC 33:VII.3017.Appendix I, may be utilized by the pulp and paper industry in lieu of submitting a beneficial use plan.

La. Admin. Code tit. 33, § VII-1105

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 Environmental Assessment, Environmental Planning Division, LR 26:2536 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 33: 1086 (June 2007).

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