La. Admin. Code tit. 43 § XIX-549

Current through Register Vol. 50, No. 9, September 20, 2024
Section XIX-549 - Land Treatment Facility Requirements
A. Land treatment facilities shall be isolated from contact with public, private, or livestock water supplies, both surface and underground.
B. The siting, design, construction, operation, testing and closure of land treatment facilities shall be approved only after an application is submitted to and approved by the commissioner pursuant to the requirements of §519, §527, and §531
C. General Requirements
1. The soil shall contain a slowly permeable horizon no less than 12 inches thick containing enough fine grained material within 3 feet of the surface to classify it as CL, OL, MH, CH, or OH under the Unified Soil Classification System.
2. The seasonal high water table shall be maintained throughout the facility's operational life at least 36" below the soil surface, either as a result of natural or artificial drainage.
3. Throughout the operational life of a land treatment cell, in order to end the treatment phase and re-enter the application phase, a cell must be shown to comply with the following criteria.

Parameter

Limitation

PH

6.5 - 9

EC

10 mmhos/cm

SAR

12

ESP

15 percent

TPH

3 percent (by weight)

Metals (ppm)

Arsenic

40

Cadmium

10

Chromium

1,000

Copper

1,500

Lead

300

Molybdenum

18

Nickel

420

Mercury

10

Selenium

10

Silver

200

Zinc

2,300

Leachate Testing*

Barium

10.0 mg/l

*The Leachate testing method for Barium is included in the Laboratory Manual for the Analysis of E and P Waste (Department of Natural Resources, August 9, 1988, or latest version).

4. The concentration of measured constituents in any groundwater aquifer shall at no time significantly exceed background water quality data.
5. Fluids collected in a land treatment cell underdrain system shall be monitored to provide early warning of possible migration of mobile E and P Waste constituents. The monitoring program shall be defined in the permit application or the facility E and P Waste management and operations plan.
6. An independent professional consultant and laboratory shall perform the necessary monitoring to assure adherence to the requirements of this Section.
7. E and P Waste Pretreatment and Treatment
a. Waste Type 12 which contains a concentration of total benzene equal to or less than 3198 mg/kg total benzene (MPC) may be placed on land treatment cells without pretreatment. However, in treating such E and P Waste, the commercial land treatment facility must meet the location criteria of §507. A 3
b. Land treatment facilities which have been approved to receive Waste Type 12 which contain more than 3198 mg/kg total benzene must pretreat the E and P Waste to a concentration less than or equal to 3198 mg/kg total benzene (MPC) before placing the E and P Waste on a land treatment cell (see §505 B)
c. Waste Type 06 which has been tested and found to contain a total benzene concentration less than or equal to 113 mg/kg (MPC) may be land treated no closer than 1,000' from a residential or public building, church, school, or hospital.
d. Waste Type 06 which has not been tested or tested and found to contain a total benzene concentration greater than 113 mg/kg (MPC) must be land treated no closer than 2,000' from a residential or public building, church, school, or hospital.
e. Free/visible oil must be removed from all E and P Waste prior to loading on a land treatment cell.
f. Produced saltwater and gas plant waste fluids, must not be disposed of by land treatment. If pretreated prior to disposal (e.g., filtered or otherwise phase separated) fluids must be injected into a Class II well.
8. Application Phase
a. E and P Waste may be applied to active land treatment cells during the application phase only. An application phase begins only under the following conditions:
i. a new constructed and approved cell begins receipt of E and P Waste;
ii. a cell containing treated E and P Waste has been shown to meet the testing criteria of §549. C and is utilized for the application of new E and P Waste receipts;
iii. a cell from which treated E and P Waste has been removed (after meeting the reuse testing criteria of §565) is utilized for the application of new E and P Waste receipts.
b. An application phase ends when either one of the following occurs:
i. three months have elapsed since the date application first began, unless an exception is granted upon proof of good cause under the provisions of §569; or
ii. 15,000 bbls/acre of E and P Waste has been applied to a cell.
c. In order to document the amount of E and P Waste applied to each land treatment cell, commercial facilities are required to:
i. indicate on each manifest (E and P Waste shipping control ticket) the number of the cell onto which each load of E and P Waste is applied;
ii. maintain a daily or weekly log of type and volume of E and P Wastes applied to each land treatment cell and the activities undertaken to bring each cell into compliance; and
iii. include in the quarterly report the amount of each type of E and P Waste applied to each cell and the activities undertaken to bring each cell into compliance during the quarter.
9. Treatment Phase. Upon completion of the application phase, land treatment cells enter the treatment phase. Remedial action (treatment) must be actively performed in order to bring a cell into compliance with this Section. Cells must reach compliance status within 24 months of the end of the application phase.
10. Land treatment cell levees must be constructed of soils which are placed and compacted in such a manner as to produce a barrier to horizontal movement of fluids. Levee construction material shall be compacted in a maximum of 8" lifts to > 90 percent standard proctor test. The levees must be properly tied into the barrier along the bottom and sides of the cells. Actual construction of the levees must be monitored and documented by professional engineering or geotechnical soil testing company. All levees must be provided with a means to prevent erosion and other degradation.
11. Rainwater and other E and P Waste fluids are not to be stored on land treatment cells. Such fluids are to be removed from cells in a timely manner and stored in appropriate facilities. Such fluids may only be used for removal of salts during the treatment phase. Otherwise, cells must remain free of excessive fluids.
12. Storm water retention (sediment) ponds constructed after January 1, 2002 must be constructed in compliance with the liner requirements for produced water pits in LAC 43:XIX.307.A and the land treatment levee requirements of §549. C 10 above. Such ponds must not have an accumulation of oil at any surface location.
D. Monitoring Requirements

Note: References for the parameters required in this Section are listed as follows.

EC-electrical conductivity (millimhos/cm for soil, micromhos/cm for water)

SAR-sodium adsorption ratio

ESP-exchangeable sodium percentage (percent)

CEC-cation exchange capacity (milliequivalents/100 gm soil)

TPH-total petroleum hydrocarbons (ppm)

Total benzene (ppm)

TCLP benzene (Toxicity Characteristic Leaching Procedure-ppm)

Total metals as follows:

As-arsenic

Ba-barium

Cd-cadmium

Cr-chromium

Cu-copper

Pb-lead

Hg-mercury

Mo-molybdenum

Ni-nickel

Se-selenium

Ag-silver

Zn-zinc

TDS-total dissolved solids

TSS-total suspended solids

Soluble cations:

Na-sodium

Ca-calcium

Mg-magnesium

Soluble anions:

CO3-carbonate

HCO3-bicarbonate

C1-chloride

SO4-sulfate

1. Prior to the receipt of E and P Waste in a newly permitted and constructed land treatment system or cell, baseline data must be provided by the following sampling and testing program.
a. Soil in the treatment zone (0-24") of each cell must be sampled for the following parameters: pH, EC, SAR, ESP, CEC, TPH, As, barium leachate, Cd, Cr, Cu, Pb, Hg, Mo, Ni, Se, Ag, and Zn.
b. Groundwater must be sampled and tested for the following parameters: pH, EC, TDS, TSS, TPH, C1, Total Benzene, Na, As, Ba, Cd, Cr, Cu, Pb, Hg, Mo, Ni, Se, Ag, and Zn.
c. Water from land treatment cell underdrain systems must be sampled and tested for the following parameters: TDS, pH, Na, Cl, EC, TPH, total benzene, Ba, Pb, Zn, and reactive sulfides.
2. The following monitoring program must be conducted during the active life of a permitted E and P Waste land treatment system.
a. Soil in the treatment zone (waste treatment zone- WTZ and upper treatment zone- UTZ) must be sampled and tested quarterly to determine E and P Waste degradation and accumulation of metals and hydrocarbons. Samples must be analyzed for the following: As, barium leachate, Cd, Cr, Cu, Pb, Hg, Mo, Ni, Se, Ag, Zn, and TPH.
b. Soil in the treatment zone (waste treatment zone-WTZ and upper treatment zone-UTZ) must be sampled and tested quarterly to determine the accumulation of salts and to provide data for determining necessary soil amendments. Samples must be analyzed for the following: pH, EC, SAR, ESP, CEC, soluble cations (Na, Ca, Mg), and soluble anions (CO3, HCO3, C1, SO4).
c. Discharge Water. A copy of each discharge monitoring report made in conformance with any applicable state and/or federal regulatory program shall be furnished to the Office of Conservation on a timely basis.
d. Land treatment cell underdrain systems must be sampled and tested quarterly to determine the presence of mobile constituents. Sampling and testing shall be performed on a quarterly basis. A composite of at least three samples per management unit (or cell if applicable) are to be analyzed for the following: TDS, pH, Na, Cl, EC, TPH, total benzene, Ba, Pb, Zn and reactive sulfides. If total benzene exceeds an action level of 0.5 ppm, the commissioner may require further assessment and testing as deemed appropriate.
e. Groundwater levels in monitor wells shall be measured monthly for a period of two years to determine seasonal fluctuation in water table. Water level shall be measured quarterly each year thereafter.
f. Groundwater from monitor wells shall be sampled quarterly to determine the impact of facility operation on groundwater. Prior to obtaining discreet representative samples, each well must be purged in accordance with EPA guidance. A composite of at least two samples per well shall be tested for the following parameters: TDS, TSS, pH, C1, Na, EC, TPH, total benzene, As, Ba, Cr, Pb, and Zn.
g. The original hard copy or original electronic copy quarterly monitoring report(s) must be received by the Office of Conservation on or before the dates listed for each quarter as followed: 1st Quarter - due April 30; 2nd Quarter - due July 31; 3rd Quarter - due October 31; 4th Quarter -due January 31. If delivered on an April 30, July 31, October 31 or January 31, the subject report(s) must be received by the Office of Conservation before the close of business, i.e., no later than 4:30 p.m. In the event that April 30, July 31, October 31, or January 31 falls on a Saturday, Sunday, or state holiday, the reporting deadline shall be the following regularly scheduled business day, before the close of business. Each quarterly report must contain the following information:
i. the status of each cell at the time of the sampling event (application phase, treatment phase, inactive, etc.), the date(s) sampling took place, and a diagram indicating sample locations for each cell;
ii. the amounts and types of E and P Waste applied to each cell during the application phase, including the beginning and ending dates of application;
iii. a brief description of treatment activities undertaken to bring each cell into compliance with the criteria of this Section, including the status of fluids (salts) removal from each cell;
iv. a compilation (chart) of test results for the present and past three quarterly sampling events;
v. copies of current laboratory test data;
vi. the size of each land treatment cell (in acres);
vii. a compilation (chart) of water depth measurements of monitor well water levels calculated from the top of casing;
viii. a potentiometric surface map contoured with water level elevations from mean sea level.
h. The Office of Conservation may approve an alternative monitoring program upon receipt of evidence that such procedure shall provide adequate monitoring during the active life of a facility.
3. Sampling and Testing Requirements
a. A stratified random sampling system shall be used to determine soil sampling locations in land treatment cells. All cells and monitor wells are to be sampled and tested for all parameters unless otherwise approved by the commissioner. Facilities are required to notify the Office of Conservation at least one week in advance of each quarterly sampling event in order for a representative of this office to be present.
b. Soil samples in land treatment cells shall be taken in the waste treatment zone (WTZ) and the upper treatment zone (UTZ). Over time, the depth of the treatment zone sampled may need to be increased due to solids buildup on land treatment cells. The degree of E and P Waste incorporation shall be noted at the time of sampling.
c. At least two samples must be taken from WTZ and UTZ for each acre of cell area.
d. Soil samples are to be analyzed using standard soil testing procedures as presented in the Laboratory Manual for the Analysis of E and P Waste (Department of Natural Resources, August 9, 1988, or latest revision).
e. Water samples are to be analyzed for required parameters according to acceptable EPA guidelines and/or the laboratory procedures as presented in the Laboratory Manual for the Analysis of E and P Waste (Department of Natural Resources, August 9, 1988, or latest revision).
f. The soil in an inactive cell may not be required to be tested for certain quarterly monitoring parameters only after two consecutive quarterly tests indicate compliance and upon receipt of written approval of this office.
E. Closure and Post-Closure Monitoring
1. Operators of land treatment systems shall submit closure and post-closure maintenance and monitoring programs to the Office of Conservation for approval. The monitoring program shall address sampling and testing schedules for soil in the treatment zone, water collected from the unsaturated zone monitoring system, surface runoff water, and groundwater.
2. Sampling and testing must be performed during the entire closure and post-closure periods. To certify closure of a land treatment system, water collected from the unsaturated zone monitoring system and groundwater must meet background water quality values; in addition, soils in the treatment zone and surface runoff water must meet the following criteria.

Parameter

Criteria

No. of Consecutive Samples

Soils in the Treatment Zone

PH

6.5 - 9

2

TPH

3.0 percent

2

EC

10 mmhos/cm

2

TCLP Benzene

0.5 ppm

2

SAR

12

2

ESP

15 percent

2

Metals (ppm)

As

10

2

Cd

10

2

Cr

1000

2

Cu

1,500

2

Pb

1000

2

Hg

10

2

Mo

18

2

Ni

420

2

Se

10

2

Ag

200

2

Zn

2,300

2

Leachate Testing*

Ba

10.0 mg/l

2

Runoff Water

PH

6.5 - 9.0

4

TPH

15 ppm

4

TCLP Benzene

0.5 ppm

4

EC

2.0 mmhos/cm

4

SAR

10

4

TSS

60 ppm

4

Chloride

500 ppm

4

Metals (ppm)

As

0.2

4

Ba

10

4

Cd

0.05

4

Cr

0.15

4

Cu

1.3

4

Hg

0.01

4

Pb

0.10

4

Se

0.05

4

Zn

1.0

4

*The Leachate testing method for Barium is included in the Laboratory Manual for the Analysis of E and P Waste (Department of Natural Resources, August 9, 1988, or latest version).

3. Post-closure monitoring shall be performed on intervals of six months, one, two and five years following certification that closure is complete.

La. Admin. Code tit. 43, § XIX-549

Promulgated by the Department of Natural Resources, Office of Conservation LR 27:1912 (November 2001), amended LR 34:1421 (July 2008), Amended LR 461105 (8/1/2020).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.