La. Admin. Code tit. 33 § I-3905

Current through Register Vol. 50, No. 9, September 20, 2024
Section I-3905 - Definitions
A. The following terms as used in these regulations, unless the context otherwise requires or unless redefined by a particular part hereof, shall have the following meanings.

Administrative Authority-the Secretary of the Department of Environmental Quality or his designee or the appropriate assistant secretary or his designee.

Air Contaminant-particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any combination thereof produced by other than natural processes.

Barrel- a 42-gallon measure.

Brine from Solution Mining-liquids and suspended particulate matter that are obtained by processing fluids brought to the surface in conjunction with the solution mining of brine.

By-Pass- a diversion of a waste stream from any portion of a conveyance or treatment facility.

Compressed Gas-any material (or mixture) which exerts in the packaging a gauge pressure of 200 kPa (29.0 psig/43.8 psia) or greater at 20 degrees C (68 degrees F).

Department- the Department of Environmental Quality.

Discharge-the placing, releasing, spilling, percolating, draining, pumping, leaking, mixing, leaching, migrating, seeping, emitting, disposing, by-passing, or other escaping of pollutants on or into the air, waters of the state, or the ground. A release shall not include a federal or state permitted release.

Discharger- a facility, plant, company, site, person or its representatives, agents or employees, which discharge pollutants.

Division- the appropriate division within the Department of Environmental Quality.

DPS- the Department of Public Safety; the State Police.

Emergency Condition- any condition which could reasonably be expected to endanger the health and safety of the public, cause significant adverse impact to the land, water or air environment, or cause severe damage to property.

Emission- a discharge of air contaminants into the outdoor atmosphere.

Facility- a pollution source, or any public or private property or site where an activity is conducted, which is required to be regulated under Subtitle II of Title 30 of the Louisiana Revised Statutes and does or has the potential to do any of the following:

a. emit air contaminants into the atmosphere;

b. discharge pollutants into waters of the state;

c. use or control radioactive materials and waste;

d. transport, process, and/or dispose of solid wastes; or

e. generate, transport, treat, store, or dispose of hazardous wastes.

Flammable Liquid-as defined in 49 CFR 173.120.

Groundwater- water located beneath the ground surface or below a surface water body in a saturated zone or stratum.

Groundwater Contamination- the degradation of naturally occurring groundwater quality either directly or indirectly as a result of human activities.

Hotline- 24-hour Louisiana Emergency Hazardous Materials Hotline.

Immediately- a reasonable period of time after taking prompt measures to determine the nature, quantity, and potential off-site impact of a release, considering the exigency of the circumstances.

Leachate- a liquid that has passed through or emerged from solid waste and may contain soluble, suspended, or miscible materials removed from such wastes.

Migrating- any movement by leaching, spilling, discharging, or any other uncontained or uncontrolled manner, except as permitted by law or other regulations of the department.

Oil- any of numerous smooth, greasy, combustible hydrocarbons that are liquid or at least easily liquefiable on warming, are soluble in ether but not in water, including but not limited to crude oil, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

Permit or License- written authorization by the administrative authority to discharge, emit, treat, store and/or dispose of liquid, gaseous, semi-solid, or solid waste or reusable materials, or radioactive material from or at a site or facility, including all conditions set forth therein.

Person- any individual, municipality, public or private corporation, partnership, firm, the United States government and any agent or subdivision thereof, or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies.

Pollutant- any substance introduced into the environment of the state by any means that would tend to degrade the chemical, physical, biological, or radiological integrity of such environment.

Pollution Source- the immediate site or location of a discharge or potential discharge, including such surrounding property or water body necessary to quarantine the area or secure from access by the general public.

Produced Water-includes liquids and suspended particulate matter that are obtained by processing fluids brought to the surface in conjunction with the recovery of oil and gas from underground geologic formations or with underground storage of hydrocarbons.

Radiation- any electromagnetic or ionizing radiation including gamma rays and X-rays; alpha and beta particles; high-speed electrons, neutrons, protons, and other nuclear particles; but not sound waves.

Radioactive By-Product Material- any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

Radioactive Material- any material, whether solid, liquid, or gas, which emits radiation spontaneously.

Radionuclide- a radioactive species of an atom characterized by the constitution of its nucleus.

Release-the accidental or intentional spilling, leaking, pumping, pouring, emitting, escaping, leaching, or dumping of hazardous substances or other pollutants into or on any land, air, water, or groundwater. A release shall not include a federal or state permitted release.

Reportable Quantity- that specific quantity associated with pollutants, as set forth in Subchapter E of this Chapter, the release of which requires notification pursuant to this regulation.

Reusable Material- any material defined in LAC 33:V.Chapter 49 of the hazardous waste regulations which would be classified as a hazardous waste except that it will be beneficially used, reused, or legitimately recycled, or reclaimed, unless exempted in LAC 33:V.Chapter 41 of the hazardous waste regulations.

Secretary- the Secretary of the Department of Environmental Quality.

Site- the geographic location, other than a facility, of an unauthorized discharge.

Solid Waste- any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities; but does not include or mean solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under R.S. 30:2074, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, ( 42 U.S.C. 2011, et seq.) as amended, or hazardous waste subject to permits under R.S. 30:2171 et seq.

Solid Waste Facility- any land and appurtenances thereto used for storing, processing, and/or disposing of solid wastes.

SPOC- the Office of Environmental Compliance, Emergency and Radiological Services Division, Single Point of Contact (SPOC).

Transport Vehicle- a motor vehicle, aircraft, rail freight car, freight container, cargo tank, portable tank, or vessel used for the transportation of hazardous substances or other pollutants. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation- the movement of solid, liquid, or hazardous reusable materials or wastes from the point of generation or storage to the point of treatment, storage, or disposal by any means of commercial or private transport. The term does not apply to the movement of hazardous wastes on the premises of a hazardous waste treatment, storage or disposal facility.

Treatment- any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any reusable material or waste so as to neutralize such reusable material or waste or render it nonhazardous, safer for transport, amenable for recovery or storage, or reduced in volume. The term also includes any activity or processing designed to change the physical form or chemical composition of hazardous waste to render it nonhazardous.

Unauthorized Discharge-a continuous, intermittent, or one-time discharge, whether intentional or unintentional, anticipated or unanticipated, from any permitted or unpermitted source which is in contravention of any provision of the Louisiana Environmental Quality Act (R.S. 30:2001 et seq.) or of any permit or license terms and conditions, or of any applicable regulation, compliance schedule, variance, or exception of the administrative authority.

Vessel- any type of watercraft used, or capable of being used, as a means of transportation on the water.

Waste- any material for which no use or reuse is intended and which is to be discarded.

Waters of the State- both the surface and underground waters within the state of Louisiana including all rivers, streams, lakes, groundwaters, and all other water courses and waters within the confines of the state, and all bordering waters and the Gulf of Mexico.

La. Admin. Code tit. 33, § I-3905

Promulgated by the Department of Environmental Quality, Office of the Secretary, LR 11:770 (August 1985), amended LR 19:1022 (August 1993), LR 20:182 (February 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2442 (November 2000), amended by the Office of Secretary, Legal Affairs Division, LR 33:2080 (October 2007), LR 33:2627 (December 2007), LR 36:1242 (June 2010), Amended by LR 421885 (11/1/2016).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2025(J), 30:2060(H), 30:2076(D), 30:2183(I), 30:2204(A) and 30:2373(B).