LAC 33:V.3307. Hazardous Constituents

A. The administrative authority will specify in the facility permit the hazardous constituents to which the groundwater protection standard of LAC 33:V.3305 applies. Hazardous constituents are constituents identified in LAC 33:V.3105, Table 1 that have been detected in groundwater in the uppermost aquifer underlying a regulated unit, and that are reasonably expected to be in or derived from waste contained in a regulated unit, unless the administrative authority has excluded them under LAC 33:V.3307.B. B. The administrative authority upon sufficient demonstration by the permittee may exclude any LAC 33:V.3105, Table 1 constituents from the list of hazardous constituents specified in the facility permit if he finds that these constituents are not capable of posing a substantial present or potential hazard to human health or the environment. In deciding whether to grant an exemption, the administrative authority will consider the following: 1. potential adverse effects on groundwater quality, considering: a. the physical and chemical characteristics of the waste in the regulated unit, including its potential for migration; b. the hydrogeological characteristics of the facility and surrounding land; c. the quantity of groundwater and the direction of groundwater flow; d. the proximity and withdrawal rates of groundwater users; e. the current and future uses of groundwater in the area; f. the existing quality of groundwater including other sources of contamination, and their cumulative impact on the groundwater quality; g. the potential for health risks caused by human exposure to waste constituents; h. the potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and i. the persistence and permanence of the potential adverse effects; and 2. potential adverse effects on hydraulically-connected surface water quality, considering: a. the volume and physical and chemical characteristics of the waste in the regulated unit; b. the hydrogeological characteristics of the facility and surrounding land; c. the quantity and quality of groundwater, and the direction of groundwater flow; d. the patterns of rainfall in the region; e. the proximity of the regulated unit to surface waters; f. the current and future uses of surface waters and any waters in the area, and any water quality standards established for those surface waters; g. the existing quality of surface water, including other sources of contamination, and the cumulative impact on surface water quality; h. the potential for health risks caused by human exposure to waste constituents; i. the potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and j. the persistence and permanence of the potential adverse effects. C. In making any determination under LAC 33:V.3307.B of this Section about the use of groundwater in the area around the facility, the administrative authority will consider any identification of underground sources of drinking water and exempted aquifers.