La. Admin. Code tit. 43 § XIX-507

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

Section XIX-507 - Location Criteria

A. Commercial facilities and transfer stations may not be located in any area:

1. within 1/4 mile of a public water supply water well or within 1,000 feet of a private water supply well for facilities permitted after January 1, 2002;

2. where type A and B facilities and transfer stations, class II disposal wells, storage containers, vessels and E and P waste treatment systems and related equipment are located within 500 feet of a residential, commercial, or public building, church, school or hospital or for any proposed new commercial facility or transfer station where publication of the notice of intent or date of the permit application filed with the Office of Conservation is dated after the promulgation date of this rule, where type A and B facilities and transfer stations, class II disposal wells, storage containers and E and P waste treatment systems and related equipment are located within 1,250 feet of a school, hospital, or public park;

3. where the perimeter of any Type A land treatment cell is located within restricted distances from a residential or public building, church, school, or hospital for treatment of Waste Types 06 and 12 as listed below:

Special Conditions	Restricted Distance
Land treatment of Waste Type 06:
[LESS THAN EQUAL TO] 113 mg/kg total benzene (MPC)	1,000'
Not tested or > 113 mg/kg total benzene (MPC)	2,000'
Land treatment of Waste Type 12
[LESS THAN EQUAL TO] 3198 mg/kg total benzene (MPC)	2,000'
> 3198 mg/kg total benzene (MPC)	(banned)
Land treatment of all other E and P Waste types	1,000'

4. where the subsurface geology of any proposed injection zone (reservoir) does not exhibit the following characteristics:

a. adequate thickness and areal extent of the proposed injection zone; and

b. adequate clay confining beds separating the top of the proposed injection zone and the base of the lowermost underground source of drinking water;

5. where permanent E and P Waste storage containers, vessels, land treatment cells, and storm water retention (sediment) ponds are located in a "V" or "A" zone as determined by flood hazard boundary or rate maps and other information published by the Federal Emergency Management Agency (FEMA) unless adequate levees are constructed to at least 1 foot above the 100-year flood elevation as certified by a professional engineer or surveyor and able to withstand the velocity of the 100-year flood. Existing facilities located in a "V" or "A" zone will be required to build facility levees above the 100-year flood elevation as certified by a professional engineer or land surveyor. As conditions change and new data is made available by FEMA, owners of existing commercial facilities and transfer stations will be required to update their facilities accordingly;

6. where such area, or any portion thereof, has been designated as wetlands by the U.S. Corps of Engineers during, or prior to, initial facility application review, unless the applicable wetland and DNR Coastal Management Division coastal use permits are obtained;

7. where other surface or subsurface conditions exist which in the determination of the Commissioner of Conservation would cause the location to pose a threat of substantial, adverse effects on public health or safety or the environment at or near the location.

B. If the owner of the residence or commercial building or the administrative body responsible for the public building, hospital, church or public park waives the distance requirements of §507. A.2 above, such waiver must be in writing, shall contain language acceptable to the commissioner, and shall be included in the permit application.

C. Transfer stations are exempt from the location requirement of 500 feet from a commercial building.

D. Any encroachment upon applicable location criteria after the date the notice of intent is published or the application is filed, whichever is earlier, shall not be considered a violation of this Section.

La. Admin. Code tit. 43, § XIX-507

Promulgated by the Department of Natural Resources, Office of Conservation, LR 26:2817 (December 2000), amended LR 27:1901 (November 2001), LR 29:938 (June 2003), Amended LR 41951 (5/1/2015), Amended LR 451601 (11/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.