Louisiana Administrative Code

A. A Generator Shall Determine its Generator Category. A generator’s category is based on the amount of hazardous waste generated each month and may change from month to month. This Section sets forth procedures to determine whether a generator is a very small quantity generator,…

A. Provided that the very small quantity generator meets all the conditions for exemption listed in this Section, hazardous waste generated by the very small quantity generator is not subject to the requirements of LAC 33:V.Subpart 1 (except LAC 33:V.1003-1009) and the very small…

A. A generator may accumulate as much as 55 gallons of nonacute hazardous waste and/or either one quart of liquid acute hazardous waste listed in LAC 33:V.4901.B or E, or 1 kg (2.2 lbs.) of solid acute hazardous waste listed in LAC 33:V.4901.B or E in containers at or near any po…

A. A small quantity generator may accumulate hazardous waste on-site without a permit or interim status, and without complying with the requirements of LAC 33:V.Subpart 1, provided that all the conditions for exemption listed in this Section are met. B. Generation. The generator …

A. A large quantity generator may accumulate hazardous waste on-site without a permit or interim status, and without complying with the requirements of LAC 33:V.Subpart 1, provided that all of the following conditions for exemption are met. B. Accumulation. A large quantity gener…

A. All generators (i.e., very small quantity generators, small quantity generators and large quantity generators) shall obtain an active EPA identification number by notifying the Office of Environmental Services using the Notification of Hazardous Waste Activity Form (HW-1) with…

A. A generator shall keep a copy of each manifest signed in accordance with LAC 33:V.1107.D.1 for three years or until he receives a signed copy from the designated facility which received the waste. The signed copy shall be retained as a record for at least three years from the …

A. A generator who is a large quantity generator for at least one month of the calendar year (reporting year) who ships any hazardous waste off-site to a treatment, storage, or disposal facility within the United States shall complete and submit an annual report to the Office of …

A. A large quantity generator who does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter shall contact the transporter and/or the owner/operator of…

A. The administrative authority, as it deems necessary under the Act, may require generators to furnish additional reports concerning the quantities and disposition of waste identified or listed in LAC 33:V.Chapter 49.

A. A small quantity generator is subject only to the following independent requirements in this Subchapter, which include: 1. recordkeeping in §1019.A, 1019.C, and 1019.D of this Part; 2. exception reporting in §1023.C of this Subchapter; and 3. additional reporting in §1025.A of…

A. This Subchapter is applicable to very small quantity generators and small quantity generators as defined in LAC 33:V.109.

A. The following definitions apply to this Subchapter: Episodic Event—an activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous wastes that exceeds the calendar month q…

A. Very Small Quantity Generator. A very small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event provided that the generator complies with the following conditions. 1. The very small quantity generator is limite…

A. A generator may petition the Office of Environmental Services for a second episodic event in a calendar year without impacting its generator category under the following conditions. If a very small quantity generator or small quantity generator has already held: 1. a planned e…

A. The regulations of this Subchapter apply to those areas of a large quantity generator where hazardous waste is generated or accumulated on-site.

A. A large quantity generator shall maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health…

A. All areas deemed applicable by Section 1037 of this Subchapter shall be equipped with the items in Paragraphs A.1-4 of this Section, unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual haz…

A. All communication or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to ensure its proper operation in time of emergency.

A. Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access (e.g., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or vo…

A. The large quantity generator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of the facility operation in an emergency, unless aisle space is not needed fo…

A. The large quantity generator shall attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals, taking into account the types and quantities of hazardou…

A. A large quantity generator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste c…

A. The contingency plan shall describe the actions facility personnel shall take to comply with Sections 1051 and 1061 of this Subchapter in response to fires, explosions, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil…

A. A copy of the contingency plan and all revisions to the plan shall be maintained at the large quantity generator’s facility. B. The large quantity generator shall submit a copy of the contingency plan and all revisions to all local emergency responders (i.e., police department…

A. The contingency plan shall be reviewed, and immediately amended, if necessary whenever: 1. applicable regulations are revised; 2. the plan fails in an emergency; 3. the generator facility changes—in its design, construction, operation, maintenance, or other circumstances—in a …

A. At all times, there shall be at least one employee either on the generator’s premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures and imp…

A. Whenever there is an imminent or actual emergency situation, the emergency coordinator or his designee shall immediately: 1. activate internal facility alarm or communication systems, where applicable, to notify all facility personnel; and 2. notify appropriate state or local …

A. Packaging. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall package the waste in accordance with the applicable Department of Public Safety regulations and packaging under LAC 33:V.Subpart 2. Chapter 103. B. Labelin…

A. The placement of bulk or noncontainerized liquid hazardous waste or hazardous waste containing free liquids, whether or not sorbents have been added, in any landfill is prohibited. Prior to disposal in a hazardous waste landfill, liquids shall meet additional requirements as s…

A. Any spilled material or material trapped in sumps that is a hazardous waste or that will be disposed of as a hazardous waste shall be cleaned up in a timely manner.

A. Declaratory hearings may be conducted, at the discretion of the board, upon submission of an application pursuant to R.S. 42:1141.6. B. The application shall be in writing and shall contain the following information: 1. the name, address, and telephone number of the applicant;…

A. After receipt of the application, the board or panel thereof, at its next scheduled board meeting, if the application is granted, shall fix the time and place for the hearing on the applications. B. For cause considered justifiable, the board or a panel thereof, the chairman, …

A. Except as otherwise provided in the Administrative Procedure Act, the board may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. The board may exclude incompetent, irrelevan…

A. The board, the ethics administrator, the executive secretary, and any specially designated agent of the board, shall have power to order the appearance of witnesses and to compel the production of books and papers pertinent to the issues involved in the hearing. B. Any applica…

A. The board, on request of any applicant, an attorney for an applicant or the trial attorney, shall, or on its own motion, may order that the witnesses in any hearing be excluded so as to preclude any witnesses, other than the applicants, their attorneys and the trial attorney, …

A. When applications for declaratory opinions of two or more applicants involve similar or related circumstances, the board may, on its own motion, on motion of the trial attorney or on motion of an applicant, order a joint hearing of all applicants or may order separate hearings…

A. The proceedings of all hearings shall be recorded, but shall be transcribed only upon order of the board or upon request made by an applicant therein, accompanied by proffer of such cost as may be determined by the executive secretary.

A. The travel expenses of an officer or employee of a state agency who is required to appear before the board shall be paid by the agency which employs him. B. The board may order that any person who is not an officer or employee of a state department and who is subpoenaed to tes…

A. Following the close of a hearing, the board may either render its opinion or take the matter under advisement. In either event, the board may deliberate in general or executive session for the purpose of reaching a determination. The opinion may be made orally by dictating fin…

A. Any person aggrieved may apply to the board for a rehearing, in writing, within 10 days from the date the board's decision becomes final. The grounds for an application for a rehearing shall be that: 1. the opinion is clearly contrary to the law and the evidence; 2. the party …

D. The executive secretary shall notify the applicant, or his counsel, of the board's decision, in writing, within 10 days of the board's final decision.

A. Louisiana Revised Statute 47:287.732.2, allows S corporations, and other entities taxed as partnerships for federal income tax purposes, to make an election to be taxed in the same manner as if the entity was required to file a tax return with the Internal Revenue Service as a…

A. This Chapter establishes requirements for notices, instructions, and reports by licensees or registrants to individuals engaged in work under a license or registration and options available to such individuals in connection with department inspections of licensees or registran…

A. Unless specifically provided otherwise by these regulations, each licensee or registrant shall post current copies of the following documents: 1. the regulations in this Chapter, LAC 33:XV.Chapter 4, and all applicable regulations; 2. the license, certificate of registration, …

A. All individuals who, in the course of employment, are likely to receive in a year an occupational dose in excess of 100 mrem (1 mSv) shall be: 1. kept informed of the storage, transfer, or use of sources of radiation in the licensee's or registrant's workplace; 2. instructed i…

A. Radiation exposure data for an individual and the results of any measurements, analyses, and calculations of radioactive material deposited or retained in the body of an individual shall be reported to the individual as specified in this Section. The information reported shall…