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In re Basf Corporation's Exemption Permit From Hazardous Waste Land Disposal Restrictions7/31/2000
KUHN, J. concurs
This is an appeal by citizen groups from a decision of the Louisiana Department of Environmental Quality (DEQ), in a permit action, to grant an exemption to BASF Corporation (BASF) from the statutory ban on the land disposal of hazardous waste.
FACTUAL AND PROCEDURAL HISTORY
BASF filed an application with DEQ seeking approval to continue operating an injection well for the disposal of waste hydrochloric acid (HCl) at its facility in Geismer, Louisiana. On May 30, 1995, DEQ issued its decision to approve the application for an exemption. The Louisiana Environmental Action Network (LEAN) and the Ascension Parish Residents Against Toxic Pollution (APRATP) appealed that decision to this court. That appeal was transferred to the Nineteenth Judicial District Court subsequent to a legislative change in appellate jurisdiction over DEQ decisions. Thereafter, the district court remanded the matter to the DEQ Secretary to make basic findings supported by the evidence and ultimate findings which flow rationally from the basic findings, and for the articulation of a rational connection between the facts found and the decision granting the exemption to BASF, as required by Save Ourselves, Inc. v. Louisiana Environmental Control Commission, 452 So.2d 1152, 1159 (La. 1984).
On December 22, 1997, DEQ issued its findings, in compliance with the order of the district court, maintaining its previously issued decision granting an exemption in favor of BASF. Again, LEAN and APRATP filed a petition for judicial review in the district court. On September 15, 1998, the district court signed a judgment which affirmed the decision of DEQ and dismissed appellants' petition for review. From this judgment, LEAN and APRATP appeal.
On appeal, appellants urge this court to find that the district court erred in affirming the decision of DEQ, in short, because they allege alternative disposal methods were available and because they maintain DEQ should have required more extensive monitoring of the injection well.
DISCUSSION
APPLICABLE LAW
This matter is governed by LSA-R.S. 30:2193, which currently provides:
A. It is the determination of the legislature that Louisiana is particularly ill-suited both hydrologically and climatically to hazardous waste land disposal methods and past land disposal methods, siting criteria, and maintenance procedures have, despite the degree of stringency, been inadequate to insure the health of the citizens of the state and in maintaining the integrity of the environment generally and water resources specifically. It is further determined that eventual releases of hazardous constituents from land disposal facilities are highly probable if land disposal methods continue to be relied upon and that there presently exists alternatives which may be used to destroy, reduce, or lessen the toxicity of or lessen the leaching potential of hazardous wastes. In order to preclude further environmental damage and endangerment to the citizens of the state, it is the purpose of this Section to provide for restrictions and incentives designed to encourage alternative methods of hazardous waste disposal, destruction, and reduction; to lessen the possibility of hazardous waste releases from existing land disposal sites; and to provide for the eventual prohibition of land disposal of hazardous waste.
B. As used in this Section, the following terms shall have the meaning ascribed to them in this Subsection, unless the context clearly indicates otherwise:
(1) "Containment system" means a system designed to contain hazardous waste or materials within the confines of a haza
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