Chapter XXIII

A. The Louisiana Solid Waste Operator Certification and Training Program Act, R.S. 37:3151 et seq., creates the Board of Certification and Training for Solid Waste Disposal System Operators and authorizes the board to adopt rules of procedure and establish fees for the certificat…

A. The processing, disposal, and utilization of solid waste is a matter of vital concern to all citizens of this state, and the safety and welfare of the people of Louisiana require efficient and reasonable regulation of solid waste processing and disposal practices as well as a …

A. The objectives of these regulations are as follows: 1. to establish a certification program for operators of Type II, II-A, and III solid waste processing and disposal facilities which accommodate residential and commercial solid waste; 2. to develop procedures related to cert…

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…

A. Any notice, petition, document, or other correspondence that is required to be filed with the board shall be addressed and mailed or delivered to the Board of Certification and Training for Solid Waste Disposal System Operators at the Department of Environmental Quality, Offic…

A. The content, frequency, and location of operator training shall be at the discretion of the board. Training may be modified or supplemented as needed at the discretion of the board. Notes La. Admin. Code tit. 46 , § XXIII-1101 Promulgated by the Department of Natural Resources…

A. The board shall: 1. approve training available to Louisiana operators, which may include short courses, workshops, etc., that meets the standards of the board; 2. determine whether its training requirements can be reasonably satisfied by the operators based on current educatio…

A. In computing any period of time prescribed or allowed by the rules, the day on which the designated period begins shall not be included. The last day of the designated period shall be included unless it is a Saturday, a Sunday, or a legal holiday as provided in R.S. 1:55 , in …

A. Any SWMF that requires a permit, as determined by the department, shall be categorized in accordance with LAC 33:VII.507. B. The certificates of all of a SWMF's certified operators shall be prominently displayed at the facility. C. Certified operators are required at all Type …

A. Each application for examination, certification, or recertification shall be accompanied by a remittance in the full amount of the fee. No application will be accepted or processed prior to payment of the full amount specified. Notes La. Admin. Code tit. 46 , § XXIII-1301 Prom…

A. Fee payment shall be by check, draft, or money order made payable to the Board of Certification and Training. Notes La. Admin. Code tit. 46 , § XXIII-1303 Promulgated by the Department of Natural Resources, Board of Certification and Training for Solid Waste Disposal Operators…

A. The following fees are hereby established: 1. Examination Fee-$100 per examination 2. Certification Fee-$100 3. Recertification Fee-$100 4. Late Recertification Fee-$200 Notes La. Admin. Code tit. 46 , § XXIII-1305 Promulgated by the Department of Natural Resources, Board of C…

A. The board may revoke, modify, or suspend an operator's certification, if it determines that the operator has practiced fraud or deception in obtaining certification or in operating thereunder, or has been negligent in applying reasonable care, judgment, knowledge, or ability i…

A. A hearing before the board on suspension, modification, or revocation shall proceed as follows. 1. At least 20 days prior to a hearing, the board shall provide the operator with a notice of the hearing. The notice shall be sent by certified mail and include the time, date, and…

A. Record. The record of proceedings conducted under this Chapter shall consist of the following: 1. the certificate; 2. the notice of the hearing; 3. all documentary evidence and written comments received; 4. written recommendations received; 5. the decision; and 6. the transcri…

A. Except for the ex officio member, all members of the board shall be certified solid waste operators. Notes La. Admin. Code tit. 46 , § XXIII-301 Promulgated by the Department of Natural Resources, Board of Certification and Training for Solid Waste Disposal Operators, LR 10:40…

A. Six members of the board shall constitute a quorum for any meeting of the board for the transaction of business. Notes La. Admin. Code tit. 46 , § XXIII-303 Promulgated by the Department of Natural Resources, Board of Certification and Training for Solid Waste Disposal Operato…

A. The board shall elect a chairman and vice chairman from its membership who shall each serve a term of one year or until a successor is elected. The chairman shall preside at all meetings. In the absence of the chairman, the vice chairman shall preside. Notes La. Admin. Code ti…

A. The board shall meet as often as necessary to conduct its business. B. In the performance of its duties, the board shall call and hold all meetings and hearings in accordance with the rules, or applicable state laws and the rules and regulations thereunder. All meetings or hea…

A. The Secretary of the Department of Environmental Quality shall serve as the official custodian of all records of the board. All records of meeting notices, agendas, and other documents relating to the board shall be maintained in a central location within the Office of Environ…

A. These rules of procedure shall be reviewed and revised as determined necessary by the board. All rulemaking authority shall be exercised by the board. In the exercise of the rulemaking authority to adopt or amend rules, a two-thirds vote cast by the board is required. The proc…

A. No individual, municipality, parish, public or private corporation, partnership, firm, agency of the state, or the United States government, or any agent or subdivision thereof, or any other juridical person shall operate a classified solid waste facility unless such facility …

A. No person shall practice fraud or deception in the application for or the operation under a certification issued under these rules. Notes La. Admin. Code tit. 46 , § XXIII-503 Promulgated by the Department of Natural Resources, Board of Certification and Training for Solid Was…

A. No person shall be negligent if applying reasonable care, judgement, knowledge, or ability, in the performance of his duties under a certification issued to him under these rules. Notes La. Admin. Code tit. 46 , § XXIII-505 Promulgated by the Department of Natural Resources, B…

A. No person shall continue to operate a facility under a certification issued under these regulations if such person is unable to perform his duties in a proper manner. Notes La. Admin. Code tit. 46 , § XXIII-507 Promulgated by the Department of Natural Resources, Board of Certi…

A. No person shall perform duties of operator without being duly certified under the provisions of R.S. 37:3151 et seq., and these rules. Notes La. Admin. Code tit. 46 , § XXIII-509 Promulgated by the Department of Natural Resources, Board of Certification and Training for Solid …

A. The board shall certify persons as to their qualifications established by testing, training, education, and experience to operate a classified solid waste processing or disposal facility. A certificate, suitable for framing, shall be provided to each successful applicant by th…

A. Due to the widely divergent methodologies and technologies involved in solid waste management, operators will not be required to be certified in all aspects of solid waste management. Certification will be based upon: 1. the type of facility involved; and 2. the level of compl…

A. Each operator certification will be valid for the management of one type of facility. The classifications and sub-classifications of facilities shall be specified as follows: 1. Type II facilities: a. landfills; b. surface impoundments; and c. landfarms; 2. Type II-A facilitie…

A. Facilities are required to have certified operators according to the following schedule. 1. Landfills a. Each facility providing solid waste processing or disposal for a particular parish or region shall have a Level "A" operator in responsible charge of the overall solid wast…

A. Certificates issued to operators on or after December 20, 2004, will correspond to the facility designations and levels of operator certification as defined in LAC 46:XXIII.909 and 913. Notes La. Admin. Code tit. 46 , § XXIII-912 Promulgated by the Department of Environmental …

A. Each certification shall specify the level of complexity of SWMF operation for which the certificate is issued. Levels of operator certification are hereby established as "A," "B," and "C." Level "A" represents the most comprehensive level of complexity; Level "B" is an interm…

A. A Level "A" operator shall have the following qualifications for regular certification. 1. The operator must possess a high school diploma or equivalency certificate. 2. Experience Requirements. The operator must have: a. a minimum of three years of experience as described in …

A. An applicant shall request consideration for certification upon the completion of the following requirements: 1. meet appropriate qualification requirements in LAC 46:XXIII.915; 2. submit an application to the board on a board-prescribed application form, which may be obtained…

A. A conditional certificate shall allow an operator to operate only the facility at which he is employed at the time of certification. B. Conditional certification requirements are as follows. 1. The applicant must request a conditional certification. 2. The board must determine…

A. An applicant for certification must pass an operator examination as provided in this Section. B. The board shall hold at least two examinations per year. C. The board shall provide appropriate written examinations for each operator level of SWMFs. D. Examinations shall be held…

A. Regular certificates shall be valid for four years after issuance. An operator may be recertified upon recommendation by the board for a new four-year period after timely submission of satisfactory evidence that the operator has met the training requirements as specified by LA…

A. The board may issue a certificate without examination in a comparable operator classification to any person who holds a certificate in any state, territory, or possession of the United States or any country, provided the requirements for certification of operators under which …

A. Any person subject to these rules may petition the board for exemption from these rules or any portion thereof. Each request for an exemption must be provided in writing and: 1. identify the specific provisions of these regulations from which a specific exemption is sought; an…