La. Admin. Code tit. 46 § XXIII-107

Current through Register Vol. 50, No. 11, November 20, 2024
Section XXIII-107 - Definitions

A. As used in these rules, the following words shall have the meanings ascribed to them in this Section unless the context clearly indicates otherwise.

Board-the Board of Certification and Training for Solid Waste Disposal System Operators.

Certificate-the document or documents issued by the board which attest to the competency of the operator.

Certification-the process or act whereby an operator meets the requirements for obtaining a certificate of competency.

Certified-holding a currently valid certificate.

Commercial Solid Waste-all types of solid waste generated by stores, offices, restaurants, warehouses, and other non-manufacturing activities, excluding residential and industrial solid wastes.

Conditional Certification-allows an operator to operate only the facility at which he is employed at the time of certification for a period not to exceed six months.

Department-the Department of Environmental Quality, as created by R.S. 30:2001 et seq.

Disposal-the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste on or into any land or water so that such solid waste, or any constituent thereof, may have the potential for entering the environment or being emitted into the air or discharged into any waters of Louisiana.

Examination-a written examination taken by applicants in order to measure their knowledge of solid waste management.

Industrial Solid Waste-solid waste generated by a manufacturing, industrial, or mining process or which is contaminated by solid waste generated by such a process. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products; by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; and transportation equipment. This term does not include hazardous waste regulated under the Louisiana Hazardous Waste Regulations or under federal law or waste which is subject to regulation under the Office of Conservation's Statewide Order No. 29-B or by other agencies.

Operator-any person employed in responsible charge of operating all or a portion of a solid waste processing or disposal facility.

Process-a method or technique, including recycling, recovering, compacting (but not including compacting which occurs solely within a transportation vehicle), composting, incinerating, shredding, baling, recovering resources, pyrolyzing, or any other method or technique designed to change the physical, chemical, or biological character or composition of a solid waste to render it safer for transport; reduced in volume; or amenable for recovery, storage, reshipment, or resale. The definition of process does not include treatment of wastewaters to meet state or federal wastewater discharge permit limits. Neither does the definition include activities of an industrial generator to simply separate wastes from the manufacturing process.

Recertification-the process whereby an operator renews an expiring certificate.

Regular Certification-allows an operator to operate any facility of the type for which the certificate is issued. Regular certificates are issued for a four-year period.

Residential Solid Waste-any solid waste (including garbage, trash, and sludges from residential septic tanks and wastewater treatment facilities) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

Solid Waste-garbage, refuse, or sludge from a wastewater 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, or 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 that are point sources subject to permits under R.S. 30:2075, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended, or hazardous waste subject to permits under R.S. 30:2171 et seq.

Solid Waste Disposal Facility-actual land and associated appurtenances used for the function of disposing of solid wastes, except those facilities that dispose of only industrial solid waste.

Solid Waste Management Facility (SWMF)-any facility classified under the solid waste management system including, but not limited to, nonhazardous solid waste landfills, landfarming operations, incinerators, transfer stations, non-industrial surface impoundments, construction and demolition debris facilities, and composting, refuse-derived, and separation facilities.

Solid Waste Management System-the entire process of collection, transportation, storage, processing, and disposal of solid waste by any person engaged in such process as a business, municipality, authority, trust, parish or by any combination thereof.

Solid Waste Processing Facility-actual land or appurtenances used for processing solid wastes, except those facilities that process only industrial wastes.

Training-the process whereby an operator obtains required formal instruction in the area of solid waste management.

Type II Facility-a facility used for disposing of residential or commercial solid waste.

Type II-A Facility-a facility used for processing residential, infectious, or commercial solid waste (e.g., a transfer station, incinerator waste-handling facility, refuse-derived fuel facility, shredder, baler, autoclave, or compactor).

Type III Facility-a facility used for disposing or processing of construction/demolition debris or woodwaste, composting organic waste to produce a usable material, or separating recyclable wastes (a separation facility). Residential, commercial, or industrial solid waste must not be disposed of in a Type III facility.

La. Admin. Code tit. 46, § XXIII-107

Promulgated by the Department of Natural Resources, Board of Certification and Training for Solid Waste Disposal Operators, LR 10:404 (May 1984), amended by the Department of Environmental Quality, Board of Certification and Training for Solid Waste Disposal Operators, LR 14:12 (January 1988), LR 20:656 (June 1994), amended by the Office of Environmental Assessment, LR 30:2795 (December 2004), repromulgated LR 31:43 (January 2005).
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3151 and R.S. 37:3154.