LAC 33:VII.301. Exempted Waste

A. All solid wastes, as defined by the Act and these regulations, are subject to the provisions of these regulations, except as follows: 1. wastes regulated under other authority and not processed or disposed of in solid waste facilities permitted under these regulations, including but not limited to, the following wastes: a. agricultural-crop residues, aquacultural residues, silvicultural residues, and other agricultural wastes stored, processed, or disposed of on the site where the crops are grown or that are stored, processed, or disposed in accordance with a best management practice plan that has been provided to the Office of Environmental Services and approved in writing by the Department of Agriculture, and within the jurisdiction of the Department of Agriculture; b. mining overburden, spoils, tailings, and related solid wastes within the jurisdiction of the Department of Natural Resources, Office of Conservation; c. produced-waste fluids and muds resulting from the exploration for or production of petroleum and geothermal energy, and all surface and storage waste facilities incidental to oil and gas exploration and production, within the jurisdiction of the Department of Natural Resources, Office of Conservation; d. uncontaminated dredge or earthen excavation spoil; e. solid wastes while they are stored at residences or commercial establishments and regulated by local ordinance, or within the jurisdiction of the Department of Health and Hospitals; f. uncontaminated residues from beneficiation of earthen material; g. uncontaminated storm water and uncontaminated noncontact cooling water; h. infectious waste or other hospital or clinic wastes that are not processed or disposed of in solid waste processing or disposal facilities permitted under these regulations; and i. sewage sludge (including domestic septage) that is generated, treated, processed, composted, blended, mixed, prepared, transported, used, or disposed of in accordance with LAC 33:IX.Chapter 73. Sewage sludge and domestic septage not managed in accordance with LAC 33:IX.Chapter 73 shall be managed in accordance with these regulations; and 2. wastes excluded by the definition of solid waste in the Act and/or as otherwise specified in the Act, including: a. hazardous wastes subject to regulation under R.S. 30:2171 et seq.; b. solid or dissolved material in domestic sewage (such as domestic-oxidation ponds), except separated sludges; c. solid or dissolved materials in irrigation-return flow; d. discharges that are downstream from point sources subject to permit under R.S. 30:2074, except waste contained in solid waste facilities prior to the final discharge point, provided, however, that: i. wastewaters in existing ditches that are downstream of a designated internal state or federal wastewater discharge point are exempt from the definition of solid waste if they require no further treatment to meet final state or federal wastewater discharge point permit limits or if they require only pH adjustment to meet final pH permit limits, or suspended solids settling specifically to meet final total suspended solids permit limits; ii. wastewasters in existing ditches upstream of a designated final state or federal wastewater discharge point that require no further treatment to meet final state or federal permit limits or that only require pH adjustment to meet final pH permit limits, or solids settling specifically to meet total suspended solids permit limits, are exempt from the definition of solid waste; iii. solids or sludges in ditches are exempt from the definition of solid waste until such time as such solids or sludges are removed from the ditches for disposal, provided however, that this exclusion from the definition of solid waste only applies to solids and sludges derived from wastewaters described in Clauses A.2.d.i and ii of this Section; iv. the administrative authority reserves the right to withdraw the exemption for wastewaters in Clauses A.2.d.i and ii of this Section if the wastewaters contribute to groundwater contamination; e. source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); f. compost produced by an individual for his own beneficial use, as provided in R.S. 30:2416(G); g. uncontaminated scrap metal materials that are purchased for resale to be recycled or reused and are not destined for disposal; h. automotive fluff that results from the shredding of automobiles by a scrap metal recycling facility authorized under the laws of the state of Louisiana and from which metals have been recovered to the maximum extent practicable by the scrap metal recycling facility; and i. post-use polymers or recovered feedstocks that are either converted through advanced recycling, or are stored, for the purpose of conversion, at an advanced recycling facility prior to conversion and are managed at an advanced recycling facility that stores or converts post-use polymers or recovered feedstocks, provided all of the following requirements are met: i. the storage of the post-use polymers or recovered feedstocks prior to conversion shall not exceed reasonable time frames; ii. where there is an analogue ingredient, the post-use polymers or recovered feedstocks shall be managed in a manner consistent with the analogous ingredient or otherwise be adequately contained to prevent releases to the environment; iii. if there is no analogous ingredient, the post-use polymers or recovered feedstocks shall be adequately contained to prevent releases to the environment; iv. the post-use polymers or recovered feedstocks shall provide a useful contribution to the production or manufacturing process or be used to produce a valuable product or intermediate. A contribution is useful if it contributes a valuable ingredient to the product or intermediate or is an effective substitute for a commercial product. The product or intermediate is valuable if either: (a). post-use polymvers or recovered feedstocks are sold to a third party; or (b). post-use polymers or recovered feedstocks are used as an effective substitute for a commercial product or as an ingredient or intermediate in an industrial process; v. the use of post-use polymers or recovered feedstocks shall result in products that contain contaminants at levels that are comparable in concentration to or lower than those found in traditional products that are manufactured with post-use polymer products; vi. prior to conducting any advanced recycling activities, the person conducting such activities shall submit written notification to the department in accordance with LAC 33:V.401.D.