La. Admin. Code tit. 33 § VII-715

Current through Register Vol. 50, No. 8, August 20, 2024

Section VII-715 - Standards Governing Landfarms (Type I and II)

A. Surface Hydrology

1. Facilities located in a 100-year flood plain shall be filled to bring site elevation above flood levels, or perimeter levees or other measures shall be provided to maintain adequate protection against a 100-year flood.

2. Facilities located in, or within 1,000 feet of, an aquifer recharge zone shall be designed to protect the areas from adverse impacts of operations at the facility.

3. Surface-runoff-diversion levees, canals, or devices shall be installed to prevent drainage from the units of the facility that have not completed the post-closure period to adjoining areas during the peak discharge from a 25-year storm event and/or to collect and control at least the water volume resulting from a 24-hour/25-year storm event.

4. Facilities located in a 100-year flood plain shall not restrict the flow of a 100-year flood or significantly reduce the temporary water-storage capacity of the flood plain, and the design shall ensure that the flooding does not affect the integrity of the facility or result in the washout of solid waste so as to pose a threat to human health and the environment.

5. A run-on control system shall be installed to prevent run-on during the peak discharge from a 25-year storm event and/or to collect and control at least the water volume resulting from a 24-hour/25-year storm event.

6. Land slope shall be controlled to prevent erosion.

7. The topography of the facility shall provide for drainage to prevent standing water and shall allow for drainage away from the facility.

B. Plans and Specifications

1. Facility plans, specifications, and operations represented and described in the permit application or permit modifications for all facilities shall be prepared under the supervision of and certified by a professional engineer, licensed in the state of Louisiana.

2. Levee Construction

a. Levees or other protective measures shall be provided in order to protect the facility against a 100-year flood.

b. If levees are required to protect the facility against a 100-year flood, such perimeter levees of all facilities shall be engineered to minimize wind and water erosion and shall have a grass cover or other protective cover to preserve structural integrity and shall provide adequate protection against a 100-year flood.

C. Facility Administrative Procedures

1.

a. The permit holder shall submit an annual certification of compliance, as required by LAC 33:VII.525.

b. The following information shall be included in the annual certifications submitted to the Office of Environmental Services.

i. a copy of the semiannual soil waste mixtures tests and analyses of the results with conclusions, submitted semiannually, or more frequently if deemed necessary by the administrative authority. Test parameters shall consist of soil pH, total nitrogen, phosphorus, organic matter, salts (intrinsic to the waste), cumulative metals, and others as deemed necessary on a site- and waste-specific basis;

ii. annual reports of the analysis of all test results on the soils, land-use, and crop information, calculated amounts of waste applied per acre, total amounts of nitrogen applied per acre, and cumulative-metals loading. Annual reports shall be submitted to the Office of Environmental Services for a minimum of three years for Type II landfarms and 10 years for Type I landfarms after closure and shall contain analyses of all test results of the soils. The post-closure monitoring annual reporting may be reduced for certain types of landfarms if the permit holder demonstrates to the administrative authority's satisfaction that such a change is warranted.

2. Recordkeeping

a. The permit holder shall maintain all records specified in the application as necessary for the effective management of the facility and for preparing the required reports for the life of the facility and for a minimum of three years after final closure. These records shall be maintained on-site for a minimum of three years. These records may be retained in paper copy or in an electronic format. Electronically maintained records shall be a true and accurate copy of the records required to be maintained. Records older than three years may be kept at an off-site location provided they are readily available to the administrative authority for review upon request. All permit applications and addenda (including those pertaining to prior permits) shall be maintained with the on-site records.

b. The permit holder shall maintain records of transporters transporting waste for processing or disposal at the facility. The records shall include the date of receipt of shipments of waste and the transporter's solid waste identification number issued by the administrative authority.

c. Records kept on site for all facilities shall include, but not be limited to:

i. copies of the applicable Louisiana solid waste rules and regulations;

ii. the permit;

iii. the permit application;

iv. permit modifications;

v. certified field notes for construction (may be stored at an off-site location with readily available access);

vi. operator training programs;

vii. daily log;

viii. quality-assurance/quality-control records;

ix. inspections by the permit holder or operator;

x. operator certificates from the Board of Certification and Training for Solid Waste Disposal System Operators, if applicable;

xi. monitoring, testing, or analytical data;

xii. any other applicable or required data deemed necessary by the administrative authority;

xiii. records on groundwater sampling results;

xiv. post-closure monitoring reports;

xv. copies of all documents received from or submitted to the department; and

xvi. reports specified in Subparagraph C.1.f of this Section.

3. Personnel

a. Facilities shall have the personnel necessary to achieve the operational requirements of the facility.

b. Facilities receiving residential and commercial solid waste shall have the numbers and levels of certified operators employed at the facility as required by the department in accordance with LAC 46:XXIII. Operator certificates shall be prominently displayed at the facility. The Board of Certification and Training for Solid Waste Disposal System Operators and the Office of Environmental Services shall be notified within 30 days of any changes in the employment status of certified operators.

D. Facility Operations

1. Facility Limitations

a. The receipt of hazardous waste shall be strictly prohibited and prevented. Any other wastes that present special handling or disposal problems may be excluded by the administrative authority.

b. Industrial solid waste, incinerator ash, and nonhazardous petroleum-contaminated media and debris generated by underground storage tanks (UST) corrective action shall be disposed of or processed only in Type I or Type I-A facilities. A comprehensive quality-assurance/quality-control plan shall be in place before the receipt of these wastes.

c. Grazing by animals whose products are consumed by humans shall be prevented.

d. Only waste that is demonstrated to be biodegradable will be considered for disposal in a landfarm.

e. A comprehensive quality-assurance/quality-control plan shall be provided to ensure that incoming wastes are in conformance with the facility permit.

f. Solid waste with concentrations of polychlorinated biphenyls (PCBs) of 10 mg/kg or more shall not be disposed of in a landfarm.

2. Facility Operational Plans. Operational plans shall be provided that describe in specific detail how the waste will be managed during all phases of processing or disposal operations. At a minimum, the plan shall address:

a. the route the waste will follow after receipt;

b. the sequence in which the waste will be processed or disposed of within a unit;

c. the method and operational changes that will be used during wet weather (Particular attention shall be given to maintenance of access roads and to water management.);

d. the recordkeeping procedures to be employed to ensure that all pertinent activities are properly documented;

e. the sampling protocol, chain of custody, and test methods that will be used in the gas-monitoring systems;

f. the methods that will be used to ensure that the grade and slope of both the on-site drainage system and the run-on diversion system are maintained and serve their intended functions;

g. a comprehensive operational management plan for the facility that indicates with calculations that the acreages and methods are adequate for treating the type and volume of wastes anticipated. The plan shall include contingencies for variations.

3. Facility Operational Standards

a. Air-Monitoring Standards

i. Facilities receiving waste with a potential to produce gases shall be subject to the air-monitoring requirements of this Subparagraph. Facilities subject to this Subparagraph who are also required to maintain a surface monitoring design plan under an effective 40 CFR Part 70 (Title V) operating permit shall comply with the monitoring requirements of the Title V operating permit. Compliance with the monitoring requirements under an effective Title V operating permit shall constitute compliance with the air monitoring requirements of this Section.

ii. The permit holder shall make prompt notification to the Office of Environmental Compliance in accordance with LAC 33:I.3923 when strong odors occur at facility boundaries.

iii. Records of inspections, surveys, and, if applicable, gas-monitoring results shall be maintained at the facility.

iv. Odors shall be controlled by the best means practicable.

v. Facilities shall ensure that the units do not violate any applicable requirements developed under a State Implementation Plan (SIP) approved or promulgated in accordance with Section 110 of the Clean Air Act, as amended.

b. The maximum allowable lifetime-metals loading for soils at facilities shall be restricted to the limits specified in the following table. For organic waste, the application rate shall be controlled to ensure that the residual concentration in soils does not exceed the applicable standard of LAC 33:I.Chapter 13 (RECAP). The requirements may be modified by the department if the unit is constructed with an underdrain system that captures liquid infiltrating the treatment zone.

Maximum Allowable Metal Loading (lb/acre)*
Arsenic	37
Cadmium	35
Copper	1300
Lead	270
Mercury	15
Nickel	370
Selenium	89
Zinc	2500
*Other metals not listed may be subject to restrictions based upon the metal content of the waste.

c. Surface application of liquid waste shall not exceed 2 inches per week.

d. Soil in the zone of incorporation shall be monitored to assess the effectiveness of ongoing treatment, management needs, and soil integrity.

e. Nitrogen concentrations in the waste shall be within the limits deemed acceptable, as determined by plant-nitrogen uptake and soil and waste analyses (which shall indicate the movement of all forms of nitrogen). The potential for nitrogen to enter the groundwater shall be addressed.

f. Waste shall be applied to the land surface or incorporated into the soil within 3 feet of the surface.

g. A comprehensive quality-assurance/quality-control plan shall be provided to ensure that all incoming wastes are in conformance with the facility permit and these regulations.

h. Tests of soil/waste mixtures and analyses of the results, with conclusions, shall be conducted semiannually, or more frequently if deemed necessary by the administrative authority. Test parameters shall consist of soil pH, total nitrogen, phosphorus, salts intrinsic to waste, cumulative metals, organic matter, and others deemed necessary by the administrative authority.

i. The administrative authority may provide additional requirements necessary on a site-specific basis depending on waste type and method of application.

j. Landfarms that receive only domestic sewage sludge and septic tank pumpings shall do so in accordance with LAC 33:IX.7301.G.2.

k. Waste Characterization. The permit holder shall review and maintain the hazardous waste determination performed by the generator in accordance with LAC 33:V.1103 for all solid waste prior to acceptance. Every year thereafter, the permit holder shall require the generator to submit either a written certification that the waste being sent to the permit holder remains unchanged or a new waste characterization. All characterizations and certification records shall be maintained on-site for a period of three years.

4. Sufficient equipment shall be provided and maintained at all facilities to meet the facility's operational needs.

5. Emergency Response Plan

a. If required under LAC 33:VII.513, an emergency response plan shall be filed with the closest fire department, emergency medical services (EMS) agency, hospital or clinic, and the Office of Environmental Services, after approval by the Louisiana state fire marshal. Any significant revision of the plan shall be approved and filed in the same manner. The plans shall be reviewed by the permit holder annually, and updated if necessary, or when implementation demonstrates that a revision is needed.

b. Training sessions concerning the procedures outlined in Subparagraph D.5.a of this Section shall be conducted annually for all employees working at the facility. A copy of the training program shall be filed with the Office of Environmental Services.

c. Requirements for Emergency Response Plan

i. The emergency response plan shall describe the actions facility personnel must take in response to accident, fire, explosion, or other emergencies.

ii. If the owner or operator has already prepared an emergency response plan or contingency plan, he need only amend that plan to incorporate solid waste management provisions that are sufficient to comply with these requirements as applicable.

iii. The plan must designate those fire departments or mutual aid societies, emergency medical services agencies, and hospitals with which the facility will coordinate emergency services.

iv. For fire departments or mutual aid societies, the applicable response requirement shall be that of operations level responder from the National Fire Protection Association, Standard 472, or other appropriate requirement from an applicable National Fire Protection Association standard. At least one person trained to this level shall respond in any incident requiring activation of emergency response services.

v. For emergency medical services (EMS), the response requirement shall be that of emergency medical technician-basic, or equivalent. At least one person trained to this level shall respond in any incident requiring activation of EMS.

vi. The plan must include a list of all emergency equipment (where required) at the facility, such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list and a brief outline of its capabilities.

vii. The plan shall include an evacuation plan for facility personnel. The plan must describe signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes.

viii. The plan shall include emergency notification procedures required in LAC 33:I.Chapter 39.

d. The provisions of this Paragraph shall not apply if the applicant demonstrates that he meets the response requirements of the applicable sections of the National Fire Protection Association standards, in accordance with LAC 33:VII.513.B.4.

E. Facility Closure Requirements

1. Notification of Intent to Close a Facility. All permit holders shall notify the Office of Environmental Services in writing at least 90 days before closure or intent to close, seal, or abandon any individual units within a facility and shall provide the following information:

a. the date of the planned closure;

b. changes, if any, requested in the approved closure plan; and

c. the closure schedule and estimated cost.

2. Upon determination by the administrative authority that a facility has completed closure in accordance with an approved plan, the administrative authority shall release the closure fund to the permit holder. The permit holder shall submit a request for the release of this fund to the Office of Management and Finance.

3. Closure Requirements. During the closure period the permit holder shall:

a. continue with all operations (including pH control) necessary to continue normal waste treatment within the treatment zone;

b. maintain the run-on control system;

c. maintain the runoff management system;

d. control wind dispersal of odors and/or waste; and

e. continue to comply with any prohibitions or conditions concerning growth of food-chain crops.

F. Facility Post-Closure Requirements

1. The post-closure period begins when the Office of Environmental Services approves closure. The length of the post-closure care period for landfarms may be:

a. decreased by the administrative authority if the permit holder demonstrates that the reduced period is sufficient to protect human health and the environment in accordance with LAC 33:I.Chapter 13 and this demonstration is approved by the administrative authority (Any demonstration must provide supporting data, including adequate groundwater monitoring data.); or

b. increased by the administrative authority if the administrative authority determines that the lengthened period is necessary to protect human health and the environment in accordance with LAC 33:I.Chapter 13.

2. Type I Landfarms. For facilities that receive waste on or after October 9, 1993, the permit holder shall continue to comply with any prohibitions or conditions under this Section for 10 years after closure. For facilities that did not receive waste on or after October 9, 1993, the permit holder shall continue to comply with any prohibitions or conditions under this Section for three years after closure.

3. Type II Landfarms

a. The permit holder shall continue to comply with any prohibitions or conditions under this Section for three years after closure.

b. Annual reports shall be submitted to the Office of Environmental Services for a period of three years after closure and shall contain results of analyses of all soil/waste.

La. Admin. Code tit. 33, § VII-715

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), repromulgated LR 19:1316 (October 1993), amended by the Office of the Secretary, LR 24:2251 (December 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2525 (November 2000), repromulgated LR 27:704 (May 2001), amended LR 30:1676 (August 2004), amended by the Office of Environmental Assessment, LR 30:2025 (September 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2493 (October 2005), LR 33:1058 (June 2007), LR 33:2147 (October 2007), LR 35:1880 (September 2009), LR 37:1565 (June 2011), LR 37:3251 (November 2011), repromulgated LR 37:3511 (December 2011).

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