La. Admin. Code tit. 33 § VII-305

Current through Register Vol. 50, No. 5, May 20, 2024

Section VII-305 - Facilities Not Subject to the Permitting Requirements or Processing or Disposal Standards of These Regulations

A. The following facilities that are operated in an environmentally sound manner are not subject to the permitting requirements or processing or disposal standards of these regulations:

1. incinerators that receive only on-site-generated commercial solid waste and that have a design rate of no more than 250 pounds per hour;

2. shredders, autoclaves, balers, and compactors that receive no waste volume from off-site sources;

3. facilities that process on-site-generated, nonhazardous, petroleum-contaminated media and debris from underground storage tank corrective action or other remedial activities, including, but not limited to, remedial action resulting from an order issued by the administrative authority in accordance with R.S. 30:2275(E)that involves the processing of solid waste by the facility, provided such processing is completed in less than 12 months and is in accordance with a corrective action plan authorized by the administrative authority;

4. construction/demolition-debris disposal facilities that receive only on-site-generated construction/demolition-debris, provided that the following requirements are met:

a. the facility shall notify the Office of Environmental Services of such activity in accordance with LAC 33:VII.401.A; and

b. the facility shall submit to the Office of Management and Finance a disposer annual report in accordance with the standards for construction/demolition-debris disposal facilities found in LAC 33:VII.721.B.1;

c. the facility owner shall update the parish mortgage and conveyance records by entering the specific location of the facility and specifying that the property was used for the disposal of solid waste. The document shall identify the name and address of the person with the knowledge of the contents of the facility. An example of the form to be used for this purpose is provided in LAC 33:VII.3011.Appendix F. The facility shall provide the Office of Environmental Services with a true copy of the document filed and certified by the parish clerk of court;

5. solid waste injection wells that are under the jurisdiction of the Department of Natural Resources, provided, however, that any storage, processing, or disposal (not including injection) incidental to such injection wells is subject to these regulations;

6. industrial facilities that process solid waste by non-destructive and non-thermal means on the site where the waste is generated (i.e., none of the waste is from off-site sources);

7. secondary containment systems (e.g., sumps or dikes) that are designed and operated to contain non-routine spill events (i.e., do not routinely receive solid waste except for de minimus spillage) from manufacturing or product storage areas within an industrial establishment. This exemption does not include secondary containment systems for solid waste disposal units;

8. woodwaste facilities at which only woodwaste is disposed of on property owned by the generator of the woodwaste, provided that the following requirements are met:

a. the facility shall notify the Office of Environmental Services of such activity in accordance with LAC 33:VII.401.A;

b. the facility shall comply with applicable Louisiana water quality regulations (LAC 33:Part IX); and

c. the facility shall comply with the perimeter barrier, security, and buffer zone requirements in LAC 33:VII.719.B;

9. facilities at which only woodwastes resulting from utility right-of-way clearing are received, provided the following conditions are met:

a. the facility property shall be controlled by the utility company that generates the woodwaste;

b. the facility shall comply with the natural or manmade perimeter barrier and security requirements in LAC 33:VII.719.B;

c. the facility shall not receive solid waste from any source other than the utility company (or its authorized contractors) which generates the waste;

d. the facility shall notify the Office of Environmental Services of its activities in accordance with LAC 33:VII.401.A;

e. the facility shall comply with applicable Louisiana water quality regulations (LAC 33:Part IX);

10. ditches that receive nonroutine spillage (i.e., do not routinely receive solid waste except for de minimus spillage) from manufacturing or product storage areas within an industrial establishment. This exemption does not include ditches for solid waste disposal units such as landfills, landfarms, or surface impoundments;

11. recycling facilities, as described in LAC 33:VII.303.A.3, that receive only source-separated recyclables;

12. hospitals and other health care facilities that store or treat regulated infectious waste generated on-site or that accept waste from off-site wholly- or partly-owned subsidiaries; and

13. transportation vehicles and municipal or parish collection containers that collect and compact solid waste.

La. Admin. Code tit. 33, § VII-305

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended LR 22:279 (April 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:1264 (June 2000), LR 26:2515, 2609 (November 2000), repromulgated LR 27:703 (May 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2486 (October 2005), LR 33:1028 (June 2007), LR 33:2140 (October 2007), LR 37:3235 (November 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2154.