§ 30:2173 — Definitions

Louisiana § 30:2173

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§2173. Definitions
As used in this Chapter, the following terms shall have the meaning
ascribed to them in this Section, unless the context of use clearly indicates
otherwise:
(1) "Abandoned site fund" shall mean the Abandoned Hazardous
Waste Site Fund as created by R.S. 30:2205.
(2) "Disposal" means the discharge, deposit, injection, dumping,
spilling, leaking, or placing of any hazardous waste into or on any land or
water so that such waste, or any constituent thereof, may enter the environment
or be emitted into the air or discharged into any waters, including ground
waters.
(3) "Hazardous waste" means any waste, or combination of wastes,
which because of its quantity, concentration, physical, or chemical
characteristics may cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible illness, or
pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed of, or
otherwise managed. Such definition shall be applied only to those wastes
identified and designated as such by the department, consistent with applicable
federal laws and regulations.
(4) "Manifest" means the system and forms used for identifying the
quantity, composition, origin, routing, and destination of hazardous wastes
during its transportation from the point of generation to any point of disposal,
treatment, or storage.
(5) "Pollution source" means the site or location of a discharge or
potential discharge, including such surrounding property necessary to secure
or quarantine the area from access by the general public.
(6) "Processing, treatment, or disposal facility" means any facility or
location where any treatment, incineration, processing, or deposition of
hazardous waste occurs or is contained.
(7) "Reusable material" means any waste material which is destined for
reuse or reprocessing, but which because of quantity, concentration, or
physical or chemical characteristics may:
(a) Cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness; or
(b) Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed of, or
otherwise managed and which have been designated by the department as
requiring special handling and tracking due to their hazardous characteristics
and the danger caused by improper handling.
(8) "Storage" means the containment of hazardous waste on a
temporary basis, for such time as may be permitted by regulations, in such a
manner as not to constitute disposal of such hazardous waste.
(9) "Transfer facility" means any transportation-related facility
designed and constructed to be used exclusively for the handling of regulated
hazardous wastes including loading docks, parking areas, storage areas, and
other similar areas where shipments of hazardous waste are held during the
normal course of transportation.
(10) "Transportation" means the movement of hazardous wastes from
the point of generation or storage to the point of treatment, storage, or disposal
by any means of commercial or private transport. The term does not apply to
the movement of hazardous wastes on the premises of a hazardous waste
generator or on the premises of a permitted hazardous waste treatment, storage,
or disposal facility.
(11) "Treatment" means any method, technique, or process, including
neutralization, designed to change the physical, chemical, or biological
character or composition of any hazardous waste so as to neutralize such waste
or render it nonhazardous, safer for transport, amenable for recovery or
storage, or reduced in volume. The term includes any activity or processing
designed to change the physical form or chemical composition of hazardous
waste to render it nonhazardous.
(12) "Waste" means any garbage, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility, and other
discarded material, including solid, liquid, semisolid, or contained gaseous
material resulting from industrial, commercial, mining, or agricultural
operations, and from community activities, but does not include solid or
dissolved material in domestic sewage, or solid or dissolved materials in
irrigation return flows or industrial discharges which are point sources subject
to permits under R.S. 30:2074, or source, special nuclear, or byproduct
material as defined by R.S. 30:2103.

Legislative History

Acts 1979, No. 449, §1, eff. Jan. 1, 1980; Acts 1980, No. 194, §12; Acts 1982, No. 800, §1, eff. Aug. 4, 1982; Acts 1984, No. 826, §1, eff. July 13, 1984; Acts 1985, No. 669, §1; Acts 1990, No. 1012, §1.