La. Admin. Code tit. 33 § V-2237

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-2237 - Exemption for Surface Impoundments Treating Hazardous Waste

A. Wastes that are otherwise prohibited from land disposal under this Chapter may be treated in a surface impoundment or series of impoundments provided that:

1. treatment of such wastes must occur in the exempt impoundment;

2. the following conditions must be met:

a. Sampling and Testing. For wastes with treatment standards and/or prohibition levels in LAC 33:V.Chapter 22.Subchapter A or RCRA Section 3004(d), the residues from the treatment must be analyzed, as specified in LAC 33:V.2245, 2247, or 2213.F and G to determine if they meet the applicable treatment standards or where no treatment standards have been established for the waste, the applicable prohibition levels. The sampling method, specified in the waste analysis plan under LAC 33:V.1519 or 4313, must be designed such that representative samples of the sludge and the supernatant are tested separately rather than mixed to form homogeneous samples;

b. Removal

i. the following treatment residues (including any liquid wastes) must be removed at least once every year:

(a). residues which do not meet the treatment standards promulgated under LAC 33:V.Chapter 22.Subchapter A;

(b). residues which do not meet the prohibition levels established under Subchapter A of this Chapter or imposed by statute (where no treatment standards have been established);

(c). residues which are from the treatment of wastes prohibited from land disposal under Subchapter A of this Chapter (where no treatment standards have been established and no prohibition levels apply); or

(d). residues from the management of listed wastes which are not delisted by EPA or by the administrative authority;

ii. if the volume of liquid flowing through the impoundment or series of impoundments in a one-year period is greater than the volume of the impoundment or impoundments, this flow-through constitutes removal of the supernatant for the purpose of this requirement;

iii. Reserved;

iv. the administrative authority may require removal of treatment residues more frequently than once per year;

c. Subsequent Management. Treatment residues may not be placed in any other surface impoundment for subsequent management;

d. Recordkeeping. Sampling and testing and recordkeeping provisions of LAC 33:V.1519 and 4313 apply;

e. Certification. Each waste analysis plan must be certified by a Louisiana licensed professional engineer (PE);

3. the impoundment must meet the applicable design requirements of LAC 33:V.Chapter 29 or 43, although the unit may not be new, expanded, or a replacement, and be in compliance with applicable groundwater monitoring requirements of LAC 33:V.Chapter 33 or 43 unless:

a. the impoundment is exempted in accordance with LAC 33:V.2903.J or K or 4462.C or D; or

b. the owner or operator has applied for and the administrative authority, after notice and opportunity to comment, has granted a waiver of the design requirements on the basis that the surface impoundment:

i. has at least one liner (and there is no evidence that such liner is leaking) and one compacted clay or other department-approved liner;

ii. is located more than 1/4 mile from an underground source of drinking water; and

iii. is in compliance with generally applicable groundwater monitoring requirements for facilities with permits;

c. the owner or operator has applied for and the administrative authority, after notice and an opportunity to comment, has granted a modification to the design requirements on the basis of a demonstration that the surface impoundment is located, designed, and operated so as to ensure that no hazardous constituents will migrate into groundwater or surface water at any time;

4. the owner or operator must submit to the Office of Environmental Services a written certification that the requirements of Paragraph A.3 of this Section have been met and a copy of the waste analysis plan required under Paragraph A.2 of this Section. The following certification is required.

"I certify under penalty of law that the requirements of LAC 33:V.2237.A.3 have been met for all surface impoundments being used to treat prohibited wastes. I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment."

B. Evaporation of hazardous constituents as the principal means of treatment is not considered to be treatment for purposes of an exemption under this Section.

C. Surface Impoundment Exemptions

1. This Subsection defines additional circumstances under which an otherwise prohibited waste may continue to be placed in a surface impoundment.

2. Wastes which are newly identified or listed under LAC 33:V.2221 after November 8, 1984, and stored in a surface impoundment that is newly subject to Subtitle C of RCRA as a result of the additional identification or listing may continue to be stored in the surface impoundment for 48 months after the promulgation of the additional listing or characteristic, notwithstanding that the waste is otherwise prohibited from land disposal, provided that the surface impoundment is in compliance with the requirements of LAC 33:V.Chapter 43.Subchapter E within 12 months after promulgation of the listing or characteristic.

3. Wastes which are newly listed or identified under LAC 33:V.2221 after November 8, 1984 and treated in a surface impoundment that is newly subject to Subtitle C of RCRA as a result of the additional listing or identification may continue to be treated in that surface impoundment, notwithstanding that the waste is otherwise prohibited from land disposal, provided that the surface impoundment is in compliance with the requirements of LAC 33:Chapter 43.Subchapter E within 12 months after promulgation of the listing or characteristic. In addition, if the surface impoundment continues to treat hazardous waste after 48 months from promulgation of the addition listing or characteristic, it must then be in compliance with LAC 33:V.2237.A and B.

La. Admin. Code tit. 33, § V-2237

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 15:378 (May 1989), amended LR 17:658 (July 1991), LR 21:266 (March 1995), LR 21:1334 (December 1995), LR 22:22 (January 1996), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:1727 (September 1998), LR 25:447 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2476 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2458 (October 2005), LR 33:2108 (October 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.