La. Admin. Code tit. 33 § V-4452

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-4452 - Response Actions [Formerly Section 4451]

A. The owner or operator of surface impoundment units subject to LAC 33:V.4462.A must develop and keep on-site until closure of the facility a response action plan. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in Subsection B of this Section.

B. If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:

1. notify the administrative authority in writing of the exceedence within seven days of the determination;

2. submit a preliminary written assessment to the administrative authority within 14 days of the determination as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;

3. determine to the extent practicable the location, size, and cause of any leak;

4. determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;

5. determine any other short-term and long-term actions to be taken to mitigate or stop any leaks; and

6. within 30 days after the notification that the action leakage rate has been exceeded, submit to the administrative authority the results of the analyses specified in Paragraphs B.3-5 of this Section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the administrative authority a report summarizing the results of any remedial actions taken and actions planned.

C. To make the leak and/or remediation determinations in Paragraphs B.3-5 of this Section, the owner or operator must:

1. assess the sources of liquids and amounts of liquids by source;

2. conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the sources of liquids and possible location of any leaks, and the hazard and mobility of the liquids; and

3. assess the seriousness of any leaks in terms of potential for escaping into the environment; or

4. document why such assessments are not needed.

La. Admin. Code tit. 33, § V-4452

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 21:266 (March 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2508 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2483 (October 2005), LR 33:2135 (October 2007), LR 34:1006 (June 2008).

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