BOBBY JINDAL 

GOVERNOR 

~tate of JLout.stana . DEPARTMENT OF ENVIRONMENTAL QUALITY 

ENVIRONMENTAL SERVICES 

MAR 1 0 2009 

HAROLD LEGGETT, PH.D. 

SECRETARY 

CERTIFIED MAIL 7006 3450 0001 2838 6487 -RETURN RECEIPT REQUEST 

' 

File No.: LA0038890 

AI No.: 2290 Activity No.: PER2008000 I 

Mr. Carl Pasquarelli, Plant Manager 

Nalco Company 

Garyville Facility 

3628 Highway 44 

Garyville, Louisiana 7005 I 

RE: Louisiana Pollutant Discharge Elimination System (LPDES) penni!· to discharge treated 

process wastewater from the following areas: acrylamide manufacturing, emulsion 

polymerization, general purpose reactors and blenders, kathon/glutaraldehyde blends, storage 

and cleaning, evonik polymer, and the lab; process area stom1water; utility wastewaters 

including but not limited to, cooling tower blowdown, boiler blowdown, ru1d water 

demineralizer; coagulants and cleaners wastewater (aka Aluminum Process wastewater); and 

previously monitored and treated sanitary wastewater from Intemal Outfall I 01 (Outfall 001) 

ru1d the underflow stream from the raw river water intake clarification system (Outfall 002) 

to the Mississippi River, and low contamination potential stonnwater runoff (Outfalls 003, 

004, and 005) to Lake Maurepas via local drainage and Hope Canal from an existing specialty 

organic chemical mrumfacturer located at 3628 Highway 44 in Garyville, St. John the Baptist 

Parish. . 

Dear Mr. Pasquarelli: 

This Office has received and evaluated comments submitted by the general public in response to the 

public notice published in the Office of Environmental Services Public Notice Mailing List onJanuary 

6, 2009, and the L'OBSERVATEUR of LaPlace on January I 4, 2009. No comments were submitted 

by Nalco Company in response to the draft permit. The Office's response to comments submitted by 

the general public are included as a11 attaclunent to this document All changes from the Draft Penni! 

are detailed in the Addendum to the Fact Sheet and Rationale, also attached. ' · 

Pursuant to the Clean Water Act (33 U.S.C. 1251 et seq.), and the Louisiana Environmental Quality 

Act (La. R.S. 30:2001, et ~.),the attached LPDES permit has been issued. Provisions of this penni! 

may be appealed in writing pursuant to La. R.S. 2024(A) within 30 days (rom receipt of the penni!. 

A request for hearing must be sent to the following: 

Louisiana Department of Environmental Quality 

Office of the Secretary 

Attention: Hearings Clerk, Legal Division 

Post Office Box 4302 

Baton Rouge, Louisiana 7082 I -4302 

Upon the effective date this penni! shall replace the previously effective LPDES penni!, LA0038890. 

Post Of6ce Box 4313 • Baton Rouge, Louisiana 70821-4313 • Phone 225-219-3181 • Fax 225-219-3309 

· WV:'W.deq.louisiana.gov 
Nalco Company I Garyville Facility 

RE: LA0038890, AI No. 2290 

Page 2 

Monitoring results should be reported on a Discharge Monitoring Report (DMR) form per the 

schedule specified. A copy of the form to be used is attached for your convenience. 

Pursuant to LAC 33:1X.l309.1, LAC 33:IX.6509.A.1, and LAC 33:1.1701, you must pay any 

outstanding fees to the Department. Therefore, you are encouraged to verifY your facility's fee status 

by contacting LDEQ's Office of Management and Finance, Financial Services Division at (225) 219-

3863. Any outstanding fees must be remitted via a check to the Louisiana Department of 

Environmental Quality within thirty (30) days after the effective date of your permit. Failure to 

pay the full amount due in the manner and time prescribed could result in applicable enforcement 

actions as prescribed in the Environmental Quality Act, including, but not limited to revocation or 

suspension of the applicable permit, and/or a civil penalty against you. · · 

Should you have any questions concerning any part of the peimit, please feel free to contact Jenniffer 

Sheppard of the Office of Environmental Services at the address on the preceding page or by telephone 

at (225) 219-3138. To ensure that all future correspondence regarding this facility is properly filed 

into the Department's Electronic Document Management System, please reference your Agency 

Interest (Al) number lli.Q and LPDES permit number LA0038890 on all future correspondence to this 

Department, including Discharge Monitoring Reports. 

Sincerely, 

Cheryl onnier Nolan 

Assistant Secretary 

ec: J enniffer Sheppard 

Scott Guilliams 

Water Permits Division 

Public Health Chief Engineer 

Office of Public Health 

Department of Health and Hospitals 

Evelyn Rosborough (6WQ-CA) 

U.S. EPA, Region VI 

Permit Compliance Unit 

Southeast Regional Office 

Office of Environmental· Compliance 
PERMITTEE NAME/ADDRESS 

(lndude Facility Name/Locatk;m if different) 

NAME 

ADDRESS 

FACILITY 

LOCATION 

PARAMETER 

(32-37) 

Computer Reproduction EPA Fonn 3320-1 

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DISCHARGE MONITORING REPORT (DMR} 

(2-16) (17-19) 

~-- PERMIT NUMBER I [ DISCHARGE NUMBER - -~ FROM f-----t----f----j 

SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR'AUTI-IORIZEO AGENT 

Check 

0 ch

NOTE: 
LPDES Permit Number: 

Agency Interest Number: 

Company/Facility Name: 

Issuing Office: 

Prepared By: 

Permit Action: 

Date Prepared: 

RESPONSE TO COMMENTS 

FINAL PERMIT DECISION 

LA0038890 

2290 

Nalco Company 

. Garyville Facility 

3628 Highway 44 

Garyville, Louisiana 70051 

Louisiana Department of Environmental Quality 

(LDEQ) 

Office of Environmental Services 

Post Office Box 4313 

Baton Rouge, Louisiana 70821-4 3 13 

Jenniffer Sheppard 

Industrial Permits Section . 

Water Permits Division 

Phone#: 225-219-3138 

E-mail: jenniffer.sheppard@la.gov 

Final permit decision and response to comments received on 

the draft pennit publicly noticed in the L'OBSERVA TEUR of 

LaPlace on January 14, 2009 and published in the Office of 

Environmental Services Public Notice Mailing List on 

January 6, 2009. 

February 25, 2009. 

RESPONSE TO COMMENTS 

Comments from the General Public- Louisiana Environmental Action Network 

The 

Gulf 

Louisiana 

Restoration 

Environmental 

Network 

Action Network (LEAN) submitted one document on behalf of The 

2009 

and the Lower Mississippi Riverkeeper which was dated February 16, 

and included two (2) comments. 

Louisiana Environmental Action Network Comment No. 1: 

Clean 

We ask 

Water 

that DEQ 

Act. 

set discharge limits that meet the backsliding requirements of Section 402 of the 

previous 

The proposed 

permit. 

permit 

This 

allows limitations which are less stringent than the effluent limitations in the. 

Water Act. The 

is not allowed under the backsliding provisions in Section 402 of the Clean 

Phosphorus monitoring 

Fact Sheet published with this proposed permit states that the Ammonia and Total 

permit. 

requirements in the current permit are being eliminated with this proposed 

If the proposed permit is approved it would be issuing a permit with less stringent effluent 

Clean 

limitations 

Water 

than 

Act. 

in the previous pennit. This is not allowed under the backsliding limitations of the 

· 
Response to Comments and Final Penni! Decision for 

Nalco Company, Garyville Facility 

LA0038890, AI No. 2290 

Page2 

LDEO Response to Louisiana Environmental Action Network Comment No. 1: 

As stated on page 7 of the Fact Sheet and Rationale that accompanied the Draft LPDES Penni!, 

Ammonia (as N) and Total Phosphorus monitoring requirements were originally established to 

address phosphorus and nitrogen impainnents in the Mississippi River (Subsegment 070301) as 

indicated in the Court Ordered 303(d) list at the time of the last penni! issuance. The most recent 

listing for impaired waterbodies (the 2006 Final integrated Report) did not·contain phosphorus or 

nitrogen as impainnents iri Subsegment 070301. In accordance with the exceptions listed under LAC 

33:IX.2707.L.2.a.ii.(a), a penni! may be renewed, reissued, or modified to contain Jess stringent 

effluent limitations if infonnation is available that was not available at the time of penn it issuance 

and which would have justified the application of less stringent effluent limitations at the time of 

penni! issuance. 

In summary, LDEQ has detennined that the 2006 Integrated Report contains newer infonnation to 

justify removal of the monitor and report only requirements for Ammonia (as N) and Total 

Phosphorus. Therefore, no additional requirements have been added to the Final Pennit as a result 

of this comment. · 

Louisiana Environmental Action Network Comment No.2: 

We ask that an IT Analysis be performed for this facility's total discharges if rw IT analysis has been 

performed in the past. 

If this facility has never perfonned IT analysis associated with the Environmental Impact of all the 

discharges covered in this proposed penni!, and IT analysis must be perfonned. This facility has 

significant discharges which contain a variety of hazardous chemical. An IT analysis of the 

discharges needs to be done to ensure that Louisiana's environment will not be adversely impaired 

or impacted by these discharges and to insure that any such impainnent associated with the · 

discharges will be the minimum impact possible. 

LDEQ Response to Louisiana Environmental Action Network Comment No. 2: 

This Office acknowledges that an IT analysis has not been perfonned for this facility. 

In accordance with La. R.S. 30:2018(A) the applicant for a new permit or a major modification of 

an existing pennit as defined .in the rules and regulations that would authorize the treatment, storage, 

or disposal of hazardous wastes, the disposal of solid wastes, or the discharge of water pollutants or 

air emissions in sufficient quantity or concentration to constitute a major source under the rules of 

the department shall submit an environmental assessment statement as part of the permit application. 

An exclusion to this rule is outlined under La. R.S. 30:2018(E)(4) which states that an application 

for renewal or extension of existing pennits, licenses, registrations, exemptions, variances, or 

compliance schedules unless said renewal or extension encompasses changes that need to be 

addressed as major applications is not subject to these requirements. As stated on pages 21 and 22 

of the Fact Sheet and Rationale that accompanied the Draft LPDES Penni!, Nalco Company's 

Garyville Facility is regulated under the OCPSF Guidelines at 40 CFR 414, Subparts H and I. 

Limitations under these guidelines are calculated based on flow. The pennit application proposed 

an increase in flow from 0.501 MGD to 0.514 MGD, which represents a 2.5% increase at the process 

outfall (001) from the current LPDES pennit effective on January I, 2004. ~dditionally, there were 

no changes to any of Nalco Company's other outfalls (002, 003, 004, and 005r LDEQ has 

detennined that a 2.5% increase in flow would not warrant a substantial modification to the pennit: 

Therefore, since Nalco Company is ·not a major new facility and the rene~al application does not 
Response to Comments and Final Permit Decision for 

Nalco Company, Garyville Facility 

LA0038890, AI No. 2290 

Page 3 

"encompass· changes that need to be addressed as major applications", IT Questions were not 

required. 

To address your concerns regarding impacts to Louisiana's environment, it should be noted that this 

Office makes every effort to ensure compliance with all State and Federal Regulations, and water 

quality standards/numerical criteria in accordance with the requirements of the Clean Water Act. The 

renewal permit for Nalco Company's Garyville Facility includes guideline limitations that were 

based on Best Practicable Control Technology Currently A vail able (BPT) and Best A vail able 

Technology Economically Achievable (BAT) for Specialty Organic Chemical Facilities at 40 CFR 

414, Subparts H and I. In addition to these technology based effluent guideline limitations, a water 

quality screen was also performed on theses technology based effluent limitations and other 

parameters at the time of the draft permit development (included in the Fact Sheet and Rationale as 

Appendix B-1) in accordance with LDEQ's Water Quality Implementation Plan, Version 6, dated 

April 16, 2008 which included the 2.5% increase in flow. It was determined that no water quality 

based effluent limitations were required as a result of the water quality screen. Other measures taken 

to ensure protection to Louisiana's environment included: evaluation ofNalco Company's DMRs 

which did not reveal any excursions, a review ofLDEQ's last inspection report showing no areas 

of concern, a review ofNalco's enforcement history which did not reveal any open enforcement 

actions, an evaluation of the 2006 §303( d) List and Integrated Report for the receiving stream 

(Mississippi River, Subsegment 070301) which did not include any impairments, consultation with 

the Louisiana Fish and Wildlife Service for potential endangered species in the area, and concurrence 

of the established requirements in the preliminary draft permit from EPA, Region VI. . ' 

In summary, this Office has determined that IT Questions were not warranted for this renewal 

application based on the exemption li~ted under La. R.S. 30:2018(E)(4)'and that all necessary 

measures were taken to ensure minimum impact to the Mississippi River. Therefore, no additional 

requirements have been added to the Final Permit as a result of this comment. 
LPDES PERMIT NO. LA0038890, AI No .. 2290 

LPDES FACT SHEET and RATIONALE ADDENDUM 

FOR THE FINAL LOUISIANA POLLUTANT DISCHARGE ELIMINATION SYSTEM 

(LPDES) PERMIT TO DISCHARGE TOW ATERS OF LOUISIANA 

I. Company/Facility Name: Nalco Company 

Garyville Facility 

3628 Highway 44 

Garyville, Louisiana 70051 

II. Issuing Office: Louisiana Department of Environmental Quality (LDEQ) 

Office of Environmental Services 

Post Office Box 4313 

Baton Rouge, Louisiana 70821-4313 

III. Prepared By: Jenniffer Sheppard 

Industrial Permits Section 

Water Permits Division 

Phone#: 225-219-3138 

E-mail: jenniffer.sheppard@la.gov 

Date Prepared: February 26, 2009. 

IV. Permit Action/Status: 

To provide additional information regarding changes made from the Draft to the Final 

LPDES Permit for Nalco Company's Garyville Facility. 

V. Changes Made from the Draft to the Final LPDES Permit as a Result of Company 

Comments: 

None- No Comments Received from Company. 

VI. Changes Made from the Draft to the Final LPDES Permit as a Result of Comments 

from the General Public: 

None - Comments were addressed in a separate Response to Comments Attachment. 

VII. Other Changes Made by LDEQ from the Draft to the Final LPDES Permit: 

A. Stormwater Discharge language under Part II.K.3 of the Final Permit has been 

updated to include clarification of the Stormwater Pollution Prevention Plan 

requirements for renewal permit issuance. 

Part II.K.3 now reads: 

For first time permit issuance, the permittee. shall prepare, implement, and 

maintain a Storm Water Pollution Prevention Plan (SWP3) within six (6) 

months of the effective date of the final permit. For renewal permit 

issuance, the permittee shall review and update, if necessary, a Storm Water 

Pollution Prevention Plan (SWP3) within six (6) months of the effective date 

of the final permit. The terms and conditions of the SWP3 shall be an 
Fact Sheet and Rationale for 

Nalco Company, Garyville Facility 

LA0038890, AI No. 2290 

Page2 

enforceable Part of the permit. If the permittee maintains other plans that 

contain duplicative information, those plans could be incorporated by 

reference into the SWP3. Examples of these type plans include, but are not 

limited to: Spill Prevention Control and Countermeasure Plan (SPCC), Best 

Management Plan (BMP), Response Plans, etc. EPA document 832-R-92-

006 (Storm Water Management for Industrial Activities) may be used as a 

guidance and may be obtained by writing to the Water Resource Center (RC4100T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue 

NW, Washington D.C. 20460 or by calling (202) 566-1729 or via the 

Wetlands Helpline (800) 832-7828. · 

B. Permit Reopener Clause language at Part II.J has been updated to the most recent 

version and now reads: 

This permit may be modified, or alternatively, revoked and reissued, to 

·comply with any applicable effluent standard or 'limitations issued or 

approved under sections 30l(b)(2)(C) and (D); 304(b)(2); and 307(a)(2) of 

the Clean Water Act, or more stringent discharge limitations and/or 

additional restrictions in the future to maintain the water quality integrity and 

the designated uses of the receiving water bodies based upon additional water 

quality studies and/or TMDL's,if the effluent standard, limitations, water 

quality stUdies or TMDL's so issued or approved: 

I. ·Contains different conditions or is otherwise more stringent than any 

effluent limitation in the permit; or 

2. Controls any pollutant not limited in the pennit; or 

3. Require reassessment due to change in 303( d) 'status of waterbody; or 

4. Incorporates the results of any total maximum daily load allocation, 

which may be approved for the receiving water body. 

The Louisiana Department of Environmental Quality (LDEQ) reserves the 

right to modify or revoke and reissue this permit based upon any changes to 

established TMDL's for this discharge, or to accommodate for pollutant 

trading provisions in approved TMDL watersheds as necessary to achieve 

compliance with water quality standards. Therefore, prior to upgrading or 

expanding this facility, the permittee should contact the Department to 

determine the status of the work being done to establish future effluent 

limitations and additional permit conditions. 
DE0 .. LOUISIA~ OFFICE OF ENVIRONMENTAL SERVICES 

Water Discharge Permit 

PERMIT NUMBER 

LA0038890 

AI No.: 2290 

Pursuant to the Clean Water Act, as amended (33 U.S.C. 1251 et ~-), and the Louisiana Environmental Quality Act, 

as amended (La. R S. 30:2001 et ~-), rules and regulations effective or promulgated under the authority of said Acts, 

and in reliance on statements and representations heretofore made in the application, a Louisiana Pollutant Discharge . 

Elimination System permit is issued authorizing 

Type Facility: 

Location: 

Receiving Waters: 

Nalco Company 

Garyville Facility 

3628 Highway 44 

Garyville, Louisiana 70051 

· Specialty organic chemical manufacturer 

3628 Highway 44 in Garyville 

St. John the Baptist Parish 

Mississippi River (Outfalls 001 & 002) • Subsegment 070301 

Lake Maurepas via local,drainage.and Hope Canal (Outfalls 003, 004, and 005) . 

Subsegment 040602 

. t~ dischargein accordance with effluent limitations, monitoring requirements, and oth~r conditions set forth in Parts 

I, II, and ill attached hereto. · · 

This permit shall become effective oil ~ / o/d?dlfVJ 

This permit and the authorization to discharge shall expire five (5) years from·the effective date of the permit 

Issued on /; ~J..... 2tA/f · 

c • ...,l.cr ~ "'''" 

Assistant Secretary 

GALVEZ BUILDING • 602 N FIFTH STREET• P.O. BOX 43/3 • BATON ROUGE, LA 70821,4313 • (225) 219-3181 
EFFLUENT UMITATIONS AND MONITORING REQUIREMENTS 

PART I 

Page 2 of 9 

Permit No. LA0038890 

AI No. 2290 

During the period beginning the effective date and lasting through the expiration date the permittee is authorized to discharge from: 

Outfall 001, the continuous discharge of treated process wastewatedrom the following areas: acrylamide manufacturing, emulsion palymerization, 

general purpose reactors and blenders, kathon/glutara/dehyde blends, storage and cleaning, evonik polymer, and the lab; process area 

stormwater; utility wastewaters inducting but not limited to, cooling tower blowdown, boiler blowdown, and water demineralizer; coagulants and 

cleaners wastewater (aka Aluminum Process wastewater); and previously monitored and treated sanitary wastewater from Internal Outfall 101 

(estimated flow is 0.514 MGD). 

Such discharges shall ·be limited and monitored by the permittee as specified below: 

Efflyent !:;haracteri>li> Discharge Limitation~ ~onitoring Bgguirements 

Other Units 

(/bs/day, UNLESS STATED) (ug/L, UNLESS STATED) 

CO!::!VENTIONA~ AND STORET Monthly Daily Monthly Daily Measurement Sample 

NONCONVENJJONAL Code Average Maximum Average Maximum Frequ.ency Type 

Flow-MGD S0050 Report Report Contiriuous Recorder 

pH Minimum/Ma_ximum Values 00400 6.0(*1) 9.0(*1) 5/week Grab 

(Standard Units) (Min) (Max) 

BOD5 00310 170 446 !/week 24-hr. Composite 

TSS 00530 228 712 !/week 24-hr. Composite 

COD 00340 1632 3376 !/week 24-hr. Composite 

Oil and Grease 03582 43 64 !/week Grab 

METALS 1\ND QANIDE 

Total Copper 01042 0.79 1.86 1/month 24-hr. Composite 

Total Zinc 01092 1.29 2.57 !/month 24-hr. Composite 

VOLATILE COMPOUNDS 

Acrylonitrile 34215 0.34 0.87 1/year 24-hr. Composite 

Benzene 34030 0.13 0.49 !/year 24-hr. Composite 

carbon Tetrachloride 32102 0.06 0.14 1/year 24-hr. Composite 

Ch/orobenzene 34301 0.05 0.10 !/year 24-hr. Composite 

Ch/oroethane 34311 0.37 0.96 !/year 24-hr. Composite 

Chloroform 32106 0.08 0.16 !/year 24-hr. Composite 

1, 1-Dichloroeth~ne 34496 0.08 0.21 !}year 24-hr. Composite 

1,2-Dich/oroethane 34531 0.24 0.75 1/year 24-hr. Composite 

1, 1-Dich/oroethy/ene 34501 0.06 0.09. 1/year 24-hr. Composite 

1,2-trans-Dichloroethylene 34546 0.08 0.19 1/year 24-hr. Composite 

1,2-Dich/oropropane 34541 0.55 0.82 1/year 24-hr. Composite 

1,3-Dich/oropropy/en,e 51044 0.10 0.16 1/year 24-hr. Composite 

Ethylbenzene 34371 0.11 0.39 1/year . 24-hr. Composite 

Methyl Chloride 34418 0.31 0.68 1/year 24-hr. Composite 

Methylene Chloride 34423 0,14 0.32 1/year 24-hr. Composite 

T etrach/oroethy/ene 34475 0.08 0.20 1/year 24-hr. Composite 

Toluene 34010 0.09 0.29 1/year 24-hr. Composite 

1,1,1-Trichloroethane 34506 0.08 0.19 1/ye~r 24-hr. Composite 

1, 1,2-Trichloroethane 34511 0.08 0.19 !/year 24-hr. Composite 

TrichloroethYlene 39!80 0.08 0.19 !/year 24-hr. Composite 
PART I 

Page3of9 

Permit No. LA0038890 

AI No; 2290 

EFFLUENT UMITATIONS AND MONITORING REQUIREMENTS (Outfall 001 continued) 

Efflu~ot Characteristic Discbargg limitations ~onitQring R~uirements 

Other Units 

(lbs/day, UNLESS STATED) (ug/L, UNLESS STATED) 

STORET Monthly Daily Monthly Daily. Measurement Sample Code Average Maximum Average Maximum Frequency Type 

Vinyl Chloride 39175 0.37 0.96 !/year 24-hr. Composite 

AOD COMPOUND~ 

2-Chlorophenol 34586 0.11 0.35 !/year 24-hr. Composite 2,4-Dichlorophenol 34601 0.14 0.40 !/year 24-hr. Composite 2, 4-Dimethylphenol 34606 0.06 0.13 !/year 24-hr. Composite 4 ,6-Dinitro-o-Cresol 34657 0.28 0.99 l/year 24-hr. Composite 2,4-Dinitrophenol 34616 0.25 0.44 !/year 24-hr. Composite 2-Nitrophenol 34591 0.15 0.25 !/year 24-hr. Composite 4-Nitrophenol 34646 0.26 0.44 !/year 24-hr. Composite Phenol 34694 0.05 0.09 !/year 24-hr. Composite 

~A5E NEUTRAL CQ~POUNDS 

Acenaphthene 34205 . 0.08 0.21 1/yea~ 24-hr. Composite Acenaphthylene 34200 0.08 0.21 !/year 24-hr. Composite Anthracene 34220 0.08 0.21 !/year· 24-hr. Composite Benzo(a)anthracene 34526 0.08 0.21 !/year 24-hr. Composite Benzo(a)pyrene 34247 0.08 0.22 !/year 24-hr. Composite 3, 4-Benzofluoranthene 34230 0.08 0.22 !/year 24-hr. Composite Benzo( k )fl uora nthene 34242 0.08 0.21 !/year 24-hr. Composite Bis(2-ethylhexyl)phthalate 39100 0.37 1.00 !/year 24-hr. Composite Chrysene 34320 0.08 0.21 !/year 24-hr. Composite 1,2-Dichlorobenzene 34536 0.28 0.58 !/year 24-hr. Composite 1,3-Dichlorobenzene 34566 0.11 0.16 !/year 24-hr. Composite 1,4-Dichlorobenzene 34571 0.05 0.10 1/yea,r 24-hr. Composite Diethyl phthalate 34336 0.29 0.73 !/year 24-hr. Composite Dimethyl phthalate 34341 0.07 0.17 ,1/year 24-hr. Composite Di-n-butyl phthalate 39110 0.10 0.20 !/year 24-hr. Composite 2,4-Dinitrotoluene 34611 0.40 1.02 !/year 24-hr. Composite 2,6-Dinitrotoluene 34626 0.91 2.29 !/year 24-hr. Composite Fluoranthene 34376 0.09 0.24 1/year 24-hr. Composite Fluorene 34381 0.08 0.21 --- !/year 24-hr. Composite Hexachlorobenzene 39700 0.05 0.10 1/year 24-hr. Composite Hexachlorobutadiene 34391 0.07. 0.18 !/year 24-hr. Composite Hexachloroethane 34396 0.08 0.19 !/year 24-hr. Composite Naphthalene 34696 0.08 0.21 !/year 24-hr. Composite Nitrobenzene 34447 0.10 0.24 !/year 24-hr. Composite Phenanthrene 34461 0.08 0.21 !/year 24-hr. Composite Pyrene 34469 0.09 0.24 ltyear 24-hr. Composite 1,2,4-Trichlorobenzene 34551 0.24 0.50 !/year 24-hr. Composite 
PART I 

Page 4,of 9 

Permit No. LA0038890 

AI No. 2290 

EFFLUENT UMITATIONS AND MONITORING REQUIREMENTS (Outfall 001 continued) 

WHOLE EEFLUENT (ACU!EJ (Percent%, UNLESS STATED) 

TOXIC!IY IESTI~G STORET Monthly Avg 48-Hour Measurement Sample 

Code· Minimum Minimum Frequency Type 

NOEC, Pass/Fail [0/1], TEM6C Report Report !{year 24-hr. Composite 

Lethality, Static Renewal, 48-Hour Acute, 

Pjmephales promelas 

NOEC, Value [%], TOM6C Report Report !/year 24-hr. Composite 

. Lethality, Static Renewal, 48-Hour Acute, 

Pimephales promelas 

NOEC, Value[%], TQM6C Report . Report !{year 24-hr. Composite 

Coefficient of Variation, Static Renewal, 48-Hour Acute, 

Pimephales prometas 

NOEC, Pass/Fail [0/1], TEM3D Report Report !/year 24-hr. Composite 

Lethality, Static Renewal, 48-Hour Acute, 

Daphnia pulex 

NOEC, Value[%], TOM3D Report Report !/year 24-hr. Composite 

Lethality, Static Renewal, 48-Hour Acute, 

Daphnia~ 

NOEC, Value [%], TQM3D Report Report !/year 24-hr. Composite 

Coefficient of Variation, Static Renewal, 48-Hour Acute, 

Daphnia pulex 

Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): 

Outfall 001, at the point in the discharge line following the mixing of the process and sanitary effluents, but prior to combining with any other waters. 

FOOTNOTE(S): 

(*I) The permittee shall report on the Discharge Monitoring Reports both the minimum and maximum instantaneous pH values measured. 
EFFLUENT UMITATIONS AND MONITORING REQUIREMENTS (continued) 

PART I 

Page 5 of 9 

Permit' No. LA0038890 

AI No. 2290 

During the period beginning the effective date and lasting through the exoiration date the permittee is authorized to discharge from: 

Internal Outfall 101, the intermittent discharge of treated sanitary wastewater (estimated flow is O.Dl MGD). 

Such discharges shall be limited and monitored by the permittee as specified below: 

Effluent Cbaragerigic Discharge Limitations Monitoring Rgguirements 

Other Units 

(lbsjday, UNLESS STATED) (mg/l, UNLESS STATED) 

STORET Monthly Weekly Monthly Weekly Measurement Sample 

Code Average Average ~verage Average Frequency Type 

Flow-MGD S0050 Report Report !/quarter Estimate 

Fecal Coliform 

colonies/100 ml(*l) 74055 400 !/quarter Grab 

i 

Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): 

Internal Outfall 101, at the point of discharge from the treatment facility prior to combining with the waters of Final Outfall 001. 

FOOTNOTE(Sl: 

(*1) The statistical basis for Fecal Coliform shall be reported on the DMR as a daily maximum in lieu of a weekly average. 
EFFLUENT liMITATIONS AND MONITORING REQUIREMENTS (continued) 

PART I 

Page 6 of 9 

Permit No. LA0038890 

AI No. 2290 

During the period beginning the effective date and lasting through the expiration date the permittee is authorized to discharge from: 

Outfall 002, the continuous discharge of the underflow stream from the raw river water intake clarification system (estimated fiow .is 0.0635 MGD). 

Such discharges shall be limited and monitored by the permittee as specified below: 

Effluent Characteristic 

Flow-MGD 

COAGULANT$: 

STORET 

Code 

S0050 

Discharge Umitations· 

Other Units 

(lbs/day, UNLESS STATED) (mg/L, UNLESS STATED) 

Monthly Daily Monthly Daily 

Average Maximum Average Maximum 

Report Report 

Monitoring Reouirements 

Measurement 

Fr<iquency(* 1) 

Continuous 

Sample 

Type 

Recorder 

The quantity and types of all coagulants (clarifying agents) used in the intake raw river water treatment clarification system during the sampling month 

shall be recorded. Records of the quantity and type of coagulants used shall be retained for three (3) years f~llowing Part III.C.3. No DMR reporting 

shall be required. 

There shall be no discharge of fioating solids or visible foam in other than trace amounts. 

Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): 

Outfall 002, at the point of discharge in the raw river water intake clarifier's underflow line prior to combining with the process and sanitary effluents 

of Final Outfall 001. 

FOOTNOTEISl: 

(*1) When discharging. 
EFFLUENT UMITATIONS AND MONITORING REQUIREMENTS (continued) 

PART I 

Page 7 of 9 

Permit .No. LA0038890 

AI No. 2290 

During the period beginning th€ effective date and laSting through the expiration date the permittee· is authorized to discharge from: 

Outfall 003, the intermittent discharge of low contamination potential stormwater runoff from the northeast corner of the facility. 

Such discharges shall be limited and monitored by the permittee as specified below: 

Efflugot Charageristi!; Discharg~ LimitatiQDS. 

Other Units 

· MQnit~ring Reguirem~nts 

(lbs/day, UNLESS STATED) (mg/L, UNLESS STATED) I 

STORET Monthly Daily Monthly Daily Measurement Sample 

Code Average Maximum Average Maximum Frequency(* 1) Type 

Flow-MGD 50050 Report Report 1/qua~er . Estimate 

TOC 00680 50 !/quarter Grab 

Oil and Grease 03582 15 !/quarter Grab 

pH Minimum/Maximum Values 00400 6.0 (*2) 9.0 (*2) · !/quarter Grab 

(Standard Units) (Min) (Max) 

There shall be no discharge of floatinQ solids or visible foam in other than trace amounts. 

Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): 

Outfall 003, at the northeast corner of the developed facility property at a point in the drainage after the stormwater crosses the v-notch weir, but prior 

to passing through the fence between the developed property and the undeveloped property. 

FOOTNOJEISl: 

(*1) When discharging. 

(*2) The permittee shall report on the Discharge Monitortng Reports both the minimum and maximum instantaneous pH values measured. 
EFFLUENT UMITATIONS AND MONITORING REQUIREMENTS (continued) 

PART I 

Page 8 of 9 

Permit No. LA0038890 

A\ No. 2290 

During the period beginning the effective date and lasting through . the expiration date the penmittee is authorized to discharge from: 

Outfall 004, the intermittent discharge of low contamination potential stonmwater runoff from the northwest corner of the facility. · 

· Such discharges shall.be limited and monitored by the penmittee as specified below: 

Efflu~nt Chara~eristic Qischarge Limitations Monitoring R~guiremen~ 

Other Units 

(lbs/day, UNLESS STATED) (mg/L, UNLESS STATED) 

STORET Monthly Daily. Monthly Daily Measurement Sample 

Code Average Maximum Average Maximum Frequency(*!) Type 

·Fiow-MGD 50050 Report Report !/quarter Estimate 

TOC . 00680 50 !/quarter Grab 

Oil and Grease 03582 15 !/quarter Grab 

pH Minimum/Maximum Values 00400 6.0 (*2) 9.0 (*2) !/quarter Grab 

(Standard Units) (Min) (Max) 

There shall be no discharge of floating solids or visible foam in other than trace amount$. 

Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): 

Outfall 004, at the northwest corner of the developed facility property at a point in the drainage after the stonmwater crosses the v-notch weir, but prior 

to passing' through the fence between the developed property and the undeveloped property. 

FOOTNOTE($): 

(*!) When discharging. 

(*2) The penmittee shall report on the Discharge Monitoring Reports both the minimum and maximum instantaneous pH values measured. 
EFFLUENT UMITATIONS AND MONITORING REQUIREMENTS (continued) 

PART! 

Page 9 of 9 

Permit No. LA0038890 

AI No. 2290 

During the period.beginning the effective date and lasting through the exoiration date the pennittee is authorized to discharge from: . 

Outfall 005, the intennittent discharge of low contamination potential stonnwater runoff from Outfall 003, Outfall 004, and the property located 

at the northern boundary of the facility. 

Such discharges shall be limited and monitored by the pennittee as specified below: 

Efflugnt Char~geri~ic Di~barge Limitations Moni~oring Reguireme:nts 

Other Units 

(lbs/day, UNLESS STATED) (mg/L, UNLESS STATED) 

STORET Monthly Daily Monthly Daily Measurement Sample 

Code . Average Maximum Average Maximum Frequency(* 1) Type 

Flow-MGD 50050 Report Report !/quarter Estimate 

TOC 00680 50 !/quarter Grab 

Oil and Grease 03582 15 !/quarter Grab 

pH Minimum/Maximum Values 00400 6.0 (*2) 9.0 (*2) !/quarter Grab 

(Standard Units) (Min) (Max) 

There shall be no discharge of floating solids or visible foam in other than trace amounts. 

Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): 

Outfall 005, at the point of discharge from the northwest corner of the facility property prior to entering an unnamed ditch leading to Hope Canal. 

FOOTNOTECSl: 

(* !) When discharging. 

(*2) The pennittee shall report on the Discharge Monitoring Reports both the minimum and maximum instantaneous pH values measured. · 
PART II 

OTHER REQUIREMENTS 

Page 1 of 22 

Permit No. LA0038890 

AI No. 2290' 

In addition to the standard conditions required in all permits .and listed in Part 

III, the Office has established the following additional requirements in 

accordance with the Louisiana Water Quality Regulations. 

A. This permit does not in any ~ay authorize the permittee to discharge a 

pollutant not listed or quantified in the application or limited or monitored 

for in the permit. 

B. Authorization to discharge pursuant to the conditions of this permit does not 

relieve· the permittee of any liability for damages· to state waters or private 

property. For discharges to private land, this permit does not reliev~ the 

permittee from obtaining proper approval from the landowner for appropriate 

easements and 'rights of way. 

C. For definitions .ot·monitoring and sampling terminology see Part III, Section 

F. 

D. 24-HOlJR ORAL REPORTING; DAILY MAXIMUM LIMITATION VIOLATIONS 

Under the provisions of Part III.D.6.e. (3) of this permit, violations of 

daily maximum limitations for the following pollutants shall be reported 

orally to the Office of Environmental Compliance within 24 hours from the 

time the permittee became aware of the violation followed by a written report 

in five days. 

METALS 

Total Copper 

Total Zinc 

VOLATILE COMPO\JNPS 

Acrylonitrile 

Benzene 

Carbon Tetrachloride 

Chlorobenzene 

Chloroethane 

Chloroform 

1,1-Dichloroethane 

1,2-Dichloroethane 

1,1-Dichloroethylene 

1,2-trans-Dichloroethylene 

1,2-Dichloropropane 

1,3-Di"chloropropylene 

Ethylbenzene 

Methyl Chloride 

Methylene Chloride 

Tetrachloroethylene 

Toluene 

1,1,1-Tric~loroethane 

1,1,2-Trichloroethane 

Trichloroethylene 

Vinyl Chloride 
OTHER REQUIREMENTS (continued) 

ACID COMPO!JNPS 

2-Chlorophenol 

2,4-Dichlorophenol 

2,4-Dlmethylphenol 

4,6-Dinitro-o-creso~ 

2,4-Dinitrophenol 

2-Nitrophenol 

4-Nitrophenol 

Phenol 

BASE NEUTRAL COMPOUNPS 

Acenaphthene 

Acenaphthylene 

Anthracene 

Benzo(a)anthracene 

Benzo(a)pyrene 

3,4-Berizofluoranthene 

Benzo(k)fluoranthene 

Bis(2-ethylhexyl)phthalate 

Chrysene 

1,2-Dichlorobenzene 

1,3-Dichlorobenzene 

1,4-Dichlorobenzene 

Diethyl pht.halate 

Dimethyl phthalate 

Di-n-butyl phthalate 

2,4-Dinitrotoluene 

2,6-Dinitrotoluene 

Fluoranthene 

Fluorene 

Hexachlorobenzene 

Hexachlorobutadiene 

Hexachloroethane 

Naphthalene 

Nitrobenzene 

Phenanthrene 

Pyrene 

1,2,4-Trichlorobenzene 

E. COMPOSITE SAMPLING (24-HOURl 

l. STANDARD PROVISIONS 

Part I I 

Page 2 of 22 

Permit No. LA0038890 

AI No. 2290 

Unless otherwise specified in this permit, the term ':24-hour comp9site 

· sarnple 11 means a sample consisti~g of a minimum of four (4) aliquots of 

effluent collected at regular intervals over a normal 24-hour operating 

day and combined in proportion to flow or a sample continuously 

coll_ected in proportion to flow over a normal 24-hour operating p.eriod. 

L 
OTHER REQUIREMENTS (continued) 

2. VOLATILE COMPOUNDS 

Part II 

·Page 3 of 22 

Permit No. LA0038890 

AI No. 2290 

For the "24-hour composite" sampling of volatile compounds using EPA 

Methods 601, 602, 603, 624, 1624, or any other 40 CFR Part 136 (See 

LAC 33:IX.4901) method approved after the effective date of the permit, 

the permittee shall manually collect four (4) aliquots (grab samples) in 

clean zero head-space containers at regular intervals during the actual 

hours of discharge during the .24-hour sampling period using sample 

collection, .preservation, and handling techniques specified in the test 

method. These aliquots must be combined in the laboratory to represent 

the composite sample of the discharge. One of the following alternative 

methods shall be used to composite these aliquots. 

a. Each aliquot is poured into a syringe. The 'plunger is added, and 

the volume in the syringe is adjusted to 1-1/4 ml. Each aliquot (1-

l/4 ml.) is injected into the purging chamber of the purge and trap 

system. After four ( 4) injections (total 5 ml .. l, the chamber is 

purged. Only one analysis or run is required since the aliquots are 

combined prior to analysis. 

b. Chill the four (4) aliquots to 6 Degrees Celsius. These aliquots 

must be of equal volume. Carefully pour the contents of each of. the 

four aliquots into a 250-500 ml. flask which is chilled in a wet ice 

bath. Stir. the mixture gently with a ·clean glass rod while in the 

ice bath. Carefully fill two (2) or more clean 40 ml. zero headspace vials from the flask and dispose of the remainder of the 

mixture. Analyze one of the aliquots to determine the concentration 

of the composite sample. The remaining aliquot (s) are replicate 

composite samples that can be analyzed if desired or necessary. 

c. Alternative sample compositing methods may be used following written 

approval by this Office. 

The individual samples resulting from the application of these 

compositing methods shall be analyzed following the procedures specified 

for the selected test method. The resulting analysis shall be reported 

as the daily composite concentration. 

As an option to the above compositing methods, the permittee may 

manually collect four ( 4) aliquots (grab samples I in clean zero headspace containers at regular intervals during the actual hours of 

discharge during the 24-hour sampling period using sample collection, 

preservation, and handling techniques specified in the test method. A 

separate analysis shall be conducted for each discrete grab sample 

following the approved test methods. The determination of daily 

composite concentration shall be the arithmetic average (weighted by 

flow) of all grab samples collected during the 24-hour sampling period. 
OTHER REQUIREMENTS (continued) 

Part II 

Page 4 of 22 

Permit No. ·LA0038890 

AI No. 2290 

F. 40 CFR PART 136 !See LAC 33:IX.49011 ANALYTICAL REQUIREMENTS 

Unless otherwise specified in this permit, monitoring shall be conducted 

according to analytical, apparatus and materials, sample collection, 

preservation, ·handling, etc., procedures listed at 40 CFR Part 136, and in 

particular, Appendices A, B, and C (See LAC 33:IX.4901). 

G. FLOW MEASUREMENT "ESTIMATE" SAMPLE TYPE 

If the flow measurement sample type in Part I is specified as "estimate", 

flow measurements shall not be subject to the accuracy provisions established 

at Part III.C.6 of this permit. The daily flow value may be estimated using 

best engineering judgement. 

H. MINIMUM QUANTIFICATION !.EVEL !MOL\ 

If any individual analytical test ·result is less than the minimum quantification level listed ·below; a value of zero (0) may be used for that 

individual result for the Discharge Monitoring Report (DMR) calculations and 

reporting requirements. 

NONCONVENTIONAL 

Phenolics, Total Recoverable (4AAP) 

Chlorine (Total Residual) 

3-Chlorophenol 

· 4 -Chlorophenol 

2,3-Dichlorophenol 

2,5-Dichlorophenol 

2,6-Dichlorophenol 

3,4-Dichlorophenol 

2,4-D 

2,4,5-TP (Silvex) 

METALS AND CYANIDE 

Antimony (Total) 

Arsenic (Total) 

~eryllium (Total) 

Cadmium (Total) 

Chromium 

Chromium 

Chromium 

Copper 

Lead 

(Total) 

(3+) 

(6+) 

(Total) 

(Total) 

Mercury (Total) 

Molybdenum (Total) 

Nickel (Total) 

Nickel (Total) 

Selenium (Total) 

Silver (Total) 

Thallium (Total) 

Zinc (Total) 

Cyanide (Total) 

Freshwater 

Marine 

MOL lug/L\ 

5 

100 

10 

10 

10 

10 

10 

10 

10 

4 

MOL lug/L\ 

60 

10 

5 

1 

10 

10 

10 

10 

5 

0.2 

30 

40 

5 

5 

2 

10 

20 

20 
Part II 

Page 5 of 22 

Permit' No. LA0038890 

AI No. 2290 

OTHER REQUIREMENTS (continued) 

DIOXIN 

2,3,7,8-TCDD 

VOLATILE COMPOUNDS 

Acrolein 

Ac'ryloni trile 

Benzene 

Bromoform 

Carbon Tetrachloride 

Chlorobenzene 

Chlo~odibromomethane 

Chloroethane 

2-Chloroethylvinylether 

Chloroform 

Dichlorobromornethane 

1,1-Dichloroethane 

1,2-Dichloroethane 

1,1-Dichloroethylene 

1,2-Dichloropropane 

1,3-Dichloropropylene 

Ethylbenzene 

Methyl Bromide [Bromomethane] 

Methyl Chloride [Chloromethane] 

Methylene Chloride 

1,1,2,2-Tetrachloroethane 

Tetrachloroethylene 

Toluene 

1,2-trans-Dichloroethylene 

1,1,1-Trichloroethane 

1,1,2-Trichloroethane 

Trichloroethylene 

Vinyl Chloride 

ACIP COMPOUNpS 

2-Chlorophenol 

2,4-Dichlorophenol 

2,4-Dirnethylphenol 

4,6-Dinitro-o-Cresol [2-Methyl-4,6-Dinitrophenol] 

2·, 4 -Dinitrophenol 

2-Nitrophenol 

4-Nitrophenol 

p-Chloro-m-Cresol [4-Chloro-3-Methylphenol] 

Pentachlorophenol 

Phenol 

2,4,6-Trichloiophenol 

BASE/NEUTRAL COMPOUNDS 

Acenaphthene 

Acenaphthylene 

Anthracene 

Benzidine 

Benzo(a)anthracene 

Benzo(a)pyrene 

MOL lug/Ll 

0.00001 

MOL lug/Ll 

50 

50 

10 

10 

10'. 

10 

10 

50 

.10 

10 

10 

10 

10 

10 

10 

10 

10 

50 

50 

20 

10 

10 

10 

10 

10 

10 

10 

10 

MOl, I lla /L l 

10 

10 

10 

50 

50 

20 

50 

10 

50 

10 

10 

MOL I lla /!, l 

10 

10 

10 

50 

10 

10 
Part II 

Page 6 of 22 

Permit No. LA0038890 

AI No. 2290· 

OTHER REQUIREMENTS (continued) 

3,4-Benzofluoranthene 

Benzo(ghi)perylene 

Benzo(k)fluoranthene 

Bis(2~chloroethoxy) Methane 

Bis(2-chloroethyl) Ether 

Bis(2-chloroisopropyl) Ether 

Bis(2-ethylhexyl) Phthalate 

4-Bromophenyl Phenyl Ether 

Butylbenzyl Phthalate 

2-Chloronapthalene 

4-Chlorophenyl Phenyl Ether 

Chrysene 

Dibenzo(a,h)anthracene 

1,2-Dichlorobenzene 

1,3-Dichlorobenzene 

1,4-Dichlorobenzene 

3,3'-Dichlorobenzidine 

Diethyl Phthalate 

Dimethyl Phthalate 

Di-n-Butyl Phthalate 

2,4-Dinitrotoluene 

2,6-Dinitrotoluene 

Di-n-octyl Phthalate 

1,2-Diphenylhydrazine 

Fluoranthene 

Fluorene 

Hexachlorobenzene 

Hexachlorobutadiene 

Hexach1orocyclopentadiene 

Hexachloroethane 

Indeno(1,2,3-cd)pyrene [2,3-o-Phenylene Pyrene] 

I sophorone · 

Naphthalene 

Nitrobenzene 

n-Nitrosodimethylamine 

n-Nitrosodi-n-Propylamine 

n-Nitrosodiphenylamine 

Phenanthrene 

Pyrene 

1,2,4-Trichlorobenzene 

. PESTICIQES 

Aldrin 

Alpha-BHC 

Beta-BHC 

Gamma-BHC [Lindane] 

Delta-BHC 

Chlordane 

4,4'-DDT 

4,4'-DDE [p,p-DDX) 

4,4'-DDD [p,p-TDE] 

Dieldrin 

Alpha-Endosulfan 

10 

20 

10 

10 

10 

10 

10 

10 

10 

10 

10 

10 

20 

) 10 

10 

10 

50 

10 

10 

10 

10 

10 

10 

20 

10 

10 

10 

10 

10 

20 

20 

10 

10 

10 

50 

20 

20 

10 

10 

10 

!:JQL {ng/Ll 

0.05 

0.05 

0.05 

0.05 

0.05 

0.2 

0.1 

0.1 

0.1 

0.1 

0.1 
Part II 

Page 7 of 22 

OTHER REQUIREMENTS (continued) 

Permit No. LA0038890 

AI No. 2290 

Beta-Endosulfan 

Endosulfan Sulfate 

Endrin 

Endrin Aldehyde 

Heptachlor 

Heptachlor Epoxide [BHC-Hexachlorocyclohexane] 

PCB-1242 

PCB-1254 

PCB-1221 

PCB-1232 

PCB-1248 

PCB-1260 

PCB-1016 

Toxaphene 

0.1 

0.1 

0.1 

0.1 

0.05 

0.05 

1.0 

1.0 

1.0 

1.0 

1.0 

1.0 

1.0 

5.0 

The permittee may develop an effluent specific method detection limit (MDL) 

in accordance with Appendix B to 40 CFR Part 136 (See LAC 33:IX.4901). For 

any pollutant for which the permittee determines an effluent specific MDL, 

the permittee shall send to this Office a report containing QA/QC 

documentation, analytical results, and calculations necessary to demonstrate 

that the effluent specific MDL was correctly calculated. An effluent 

specific minimum quantificat~on level {MQL) shall be determined in accordance 

with the following calculation: 

MQL ~ 3 . 3 x MDL 

Upon written approval by this Office, the effluent specific MQL may be 

utilized by the permittee for all future Discharge Monitoring Report (DMR) 

calculations and reporting requirements. 

r. The permittee shall achieve compliance with the effluent limitations and 

monitoring requirements specified for discharges in accordance with the 

following schedul.e: 

Effective date of the permit 

J. PERMIT REOPENER CLAUSE 

This permit may be modified, or alternatively, ·revoked and reissued, to 

comply with any applicable effluent standard or limitations issued or 

approved under ·sections 301 (b) (2) (C) and (D); 304 (b) (2); and 307 (a) (2r of the 

Clean Water Act, or more stringent discharge limitationS: and/or additional 

restrictions in the fut~re to maintain the water quality integrity and the 

designated uses of th~ receiving water bodies based upoh additional water 

quality studies and/or TMDL's,if the effluent standard, limitations, water 

quality studies or TMDL's so issued or. approved: 

1. Contain~ different conditions or is otherwise more stringent than any 

effluent limitation in the permit; or 

2. Controls any pollutant not limited in the permit; or 

' . 
OTHER REQUIREMENTS (continued) 

Part II 

Page 8 of 22 

Permit No.· LA0038890 

AI No. 2290 

3. Require reassessment due to change in 303(d) status of waterbody; or 

4. Incorporates the results of any total maximum daily load allocation, 

which may be approved for the receiving water body. 

The Louisiana Department of Environmental Quality (LDEQ) ·reserves the right 

to modify or revoke and reissue this permit based upon any changes to 

established TMDL' s for this discharge, or to accommodate for pollutant 

trading provisions in approved TMDL watersheds as necessary to achieve 

compliance with water quality standards. Therefore, prior to upgrading or 

expanding this facility, the permittee should contact the Department to 

determine the status of the work being done to establish future effluent 

limitations ~nd additional permit conditions. 

K. STORMWATER QISCHARGES 

1. This section applies to all storrnwater discharges from the facility, 

either through permitted outfalls or through outfall~ which are not 

listed in the permit or as sheet flow. The purpose of the pollution 

prevention plan is to identify potential sources of pollution that would 

reasonably be expected to affect the quality of stormwater and identify 

the practices that will be used to prevent or reduce the pollutants. in 

stormwater discharges. 

2. Any runoff leaving the developed areas of the facility, other than the 

permitted outfall(s), exceeding 50 mg/L TOC, 15 mg/L Oil and Grease, or 

having a pH less than 6.0 or greater than 9.0 standard units shall be a 

violation of this permit. Any discharge in excess of these limitations, 

which is attributable to qffsite contamination shall not be considered 

a violation of this perrni t .. A visual inspection of t,he facility shall 

be conducted and a report made annually as describe'd in Paragraph 4 

below. 

3. For first time permit issuance, the permittee shall prepare, implement, 

and-maintain a Storm Water Pollution Prevention Plan (SWP3) within six 

(6) months of the effective date of the final permit. For renewal 

permit issuance, the permittee shall review and upda.te, if necessary·, 

a Storm Water Pollution Prevention Plan (SWP3) within six (6) months of 

the effective date of the final permit. The terms and conditions of the 

SWP3 shall be an enforceable Part of the permit. ·If the permittee 

maintains other plans that contain duplicative inf.ormation, those plans 

could be incorporated by reference into the SWP3. Examples of these 

type plans include, but are not limited to: Spill Prevention Control 

and Countermeasure Plan (SPCC), Best Management Plan (BMP), Response 

Plans, etc. EPA document 832~R-92-006 (Storm Water Management for 

Industrial Activities) may be used as a guidance and may be obtained by 

writing to the Water Resource Center (RC-4100T), U.S. Environmental 

Protection Agency, 1200 Pennsylvania Avenue NW, Washington D.C. 20460 or 

by calling (202) 566-1729 or via the Wetlands Helpline (800) 832-7828. 

4. The following conditions are applicable to all facilities and shall be 

included in the SWP3 for the facility. 
OTHER REQUIREMENTS (continued) 

Part II 

Page 9 of 22 

Permit No. LA0038890 

AI No. 2290 

a. The permittee shall conduct an annual inspection of the facility 

site to identify areas contributing to the storm water discharge 

from developed areas of the facility and eva.luate whether measures 

to reduce pollutant loadings identified in the SWP3 are adequate and 

have been properly implemented in accordance with the terms of the 

permit or whether additional control measures are needed. 

b. The permittee shall develop a site map which includes all areas 

where storrnwater may contact potential pollutants or substances 

which can cause pollution. Any location where reportable quantities 

leaks or. spills have previously occurred are to be documented in the 

SWP3. The SWP3 shall contain a description of the potential 

pollutant sources, including, the type and quantity ·<?f material 

present and what action has been taken to assure stormwater 

precipitation will not directly contact the substances and result in 

contaminated runoff. 

c. Where experience indicates a reasonable potential for equipment 

failure (e.g. a tank overflow or leakage)·, natural condition of 

(e.g. precipitation), or other circumstances ·which result in 

significant amounts of pollutants reaching surface waters, the SWP3 

should include a prediction of the direction, rate of flow and total 

quantity of pollutants which could be· discharged from the facility 

as a result of each condition or circumstance. 

d. The permittee shall maintain for a period of three yea~s a record 

summarizing the results of the inspection and a certification that 

the facility is in compliance with the SWP3, and identifying any 

incidents of noncompliance. The· .summary report should. contain, at 

a minimum, the date and time of inspection, name of inspector(s), 

conditions· found, and.changes to be made to -the SWP3. 

e. The summary report and the following certification shall be signed 

in accordance with LAC 33: IX. 2503. The summary report is to be 

attached to the SWP3 and provided to the Department upon request. 

"I certify under penalty of law that this document and all 

attachments were prepared under my direction or supervision in. 

accordance with a system designed to assure that qualified personnel 

.properly gather and evaluate the information submitted. Based on my 

inquiry of the person or persons who manage the system, or those 

persons directly responsible for gathering the, information, the 

information submitted is, to the best of my knowledge and belief, 

true, accurate, and complete. I am aware that there are significant 

penalties for submitting fa~se . information·, including the 

possibility of fine and imprisonment for knowing· violatioils." 

Signatory requirements for the certification may be found-in Part 

III, Section 0.10 of this permit. 

f. The permittee shall make-available to the Department, upon request, 

a copy of the SWP3 and any supporting documentation. 
OTHER REQUIREMENTS (continued) 

Part II 

Page 10 of 22 

Permit N_o. LA00388 90 

AI No. 2290 

5. The following shall be included in the SWP3, if applicable. 

a. The permittee shall utilize all reasonable methods to minimize any 

adverse impact on.the drainage system including but not limited to: 

i. maintaining adequate roads and driveway surfaces; 

.ii. removing debris and accumulated solids from the drainage 

system; and 

iii. cleaning up immediately any spill by sweeping, absorbent pads, 

or other appropriate methods. 

b. All spilled product and· other spilled wastes shall be immediately 

cleaned up and disposed of·according to all applicable regulations, 

Spill Prevention and Control (SPC) plans or Spill Prevention Control 

and Countermeasures (SPCC) plans. Use of detergents, emulsifiers, 

or dispersants to clean up spilled product is prohibited except 

where necessary to comply with State or Federal safety regulations 

(i.e., requirement for non-slippery work'surface) except where the 

cleanup practice does not result in a discharge Bnd does not leave 

residues exposed.to future storrn·events. In all such cases, initial 

cleanup shall be done by physical removal and chemical· usage shall 

be minimized. 

c. All equipment, parts, dumpsters; trash bin.s, petroleum products, 

chemical solvents, detergents, or other materials exposed to 

stormwater shall be maintained in a manner which prevent~ 

contamination of stormwater by pollutants·. 

d. All waste fuel, lubricants, coolants, solvents, o~ other fluids used 

in the repair or maintenance .of vehicles or equipment shall be 

recycled or contained for proper disposal. Spills of these 

materials are to be cleaned up by dry means whenever possible. 

e. If applicable, all storage tank installations' (with a capacity 

greater than 660 ·gallons for an individual container, or 1, 320 

gallons for two or more containers· in aggregate within a common 

storage area) shall be constructed so that a secondary means of 

containment is provided for the entire contents of the largest tank 

plus sufficient freeboard to allow for precipitation. Diked areas 

.should be sufficiently impervious to contain spills. 

f. All diked areas surrounding storage tanks or sto,rmwater collection 

basins shall be· free of residual oil or other contaminants so as to 

prevent the accidental discharge of these materials in the event of 

flooding, dike failure, or improper draining of the diked area. All 

drains from diked areas shall be equipped with valves which shall be 

kept in the closed condition except during periods of supervised 

discharge: 

g. All check valves, tanks, drains, or other potential sources of 

pollutant releases shall be insp~cted and maintained ~n .a regular 

basis to assure their proper operation and to preVent the discharge 

of pollutants. 
OTHER REQUIREMENTS (continued) 

Part II 

Page 11 of 22 

Permit No. LA0038890 

AI No. 2290 

h. The permittee ·shall assure compliance with all applicable 

regulations promul9ated under the Louisiana Solid Waste and Resource 

Recovery Law and the Hazardous Waste Management Law (L.R.S. 30:2151, 

etc.). Management practices required under above regulations shall 

be referenced in the SWP3. 

i. The permittee shall amend the SWP3 whenever there is a change in the 

facility or change in the operation of the facility which materially 

increases the potential for the ancillary_activities to result in a 

discharge of significant amounts of pollutants. 

j. If the SWP3 proves to be ineffective in achieving the general 

objectives of preventing the release of significant amounts of 

pollutants to water of the state, then the specific objectives and 

requirements of the SWP3 shall be subject to modification to 

incorporate revised SWP3 requirements: 

6. Facility Specific SWP3 Conditions: 

None 

L. DISCHARGE MONITORING REPORTS 

Monitoring results must be reported on a Discharge Monitoring Report (DMR) 

form (EPA No. 3320-1 or an approved substitute). All monitoring reports must 

be retained for a period of at least three (3) years from the date of the 

sample measurement. The permittee shall make.available to this Department, 

upon request, copies of all monitoring data required by this permit. 

If there is no discharge during the reporting period, plac;:e an "X" in the !:!Q 

DISCHARGE box located in the upper right corner of the Discharge Monitoring 

Report for that outfall. 

Moni taring results for each reporting period ·shall be summarized on a 

Discharge Monitoring Report IDMR) Form (one DMR form per monitoring period 

per outfall) and submitted to the Office of Environmental Compliance either 

hand delivered or postmarked no later than the 15th day of the month 

following each reporting period. 

1. For pararneter(s) with monitoring frequencies of 1/rnonth or more frequent 

(i.e. continuous, 5/week, 1/week, 2/month, etc.), DMRs shall be 

submitted in accordance with the following schedule: 

Submit DMR postmarked by the 15th day .of the followipg month. 
OTHER REQUIREMENTS (continued) 

Part II 

Page 12 of 22 

Permit No. LA0038890 

AI No. 2290 

2. For parameter(s) that require a monitoring frequency of 1/2 months, DM~s 

shall be submitted in accordance with the following ~chedule: 

Monitoring Perjod 

January l- February 28(29) 

March l - April 30 

May l - June 30 

July l - August 31 

September l - October 31 

November l -December 31 

OMR Postmark Date 

March 15th 

May 15th 

July 15th 

September 15th 

November 15th 

January 15th 

3. For parameter(s) that require a monitoring frequency of quarterly, DMRs 

shall be submitted in accordance with the following schedule:. 

Monitoring Period 

January, February, March 

April, May, June 

July, August, September 

October, November, December 

OMR PostiDark Date 

April 15th ' 

July 15th 

October 15th 

January 15th 

4. For parameter(s} that require a semiannual rnonitori~g frequency, DMRs 

shall be submitted in accordance with the following schedule: 

Monitoring P.eriod 

·January- June 

July - December 

OMR Postmark pate 

July 15th 

January 15th 

5. For pararneter(s) that require an annual monitoring frequency, DMRs shall 

be submitted in accordance with the following schedule: 

Monitoring Period DMR Postmark pate 

January-December January 15th 

Duplicate copies of DM~'s (one set of originals and one set of copies) signed 

and certified as required by LAC 33:IX.2503, and all other reports (one set 

of originals) required by this permit shall be submitted to the Permit 

Compliance Unit at the following address:· 

Department of Environmental Quality 

Office of Environmental Compliance 

Permit Compliance Unit 

Post Office Box 4312 

Baton Rouge, Louisiana 70821-4312 
OTHER REQUIREMENTS (continued) 

Part II 

Page 13 of 22 

Permit No. LA0038890 

AI No. 2290 

M. 48 HR ACUTE BIOMONITORING REQUIREMENTS: FRESHWATER 

It is unlaw~ul and a violation of this permit for a" permittee or the 

designated agent to manipulate test samples in any manner, to delay shipment, 

or to"terminate a toxicity test. once initiated~ all toxicity tests must be 

completed unless specific authority has been granted· by the Louisiana 

Department of Environmental Quality. 

1. SCOPE AND METHODOLOGY 

a. The permittee shall test the effluent for toxicity in 

accordance with the provisions in this se·ction. 

APPLICABLE TO OUTFALL(S): 

REPORTED ON DMR AS FINAL OUTFALL: 

CRITICAL DILUTION: 

EFFLUENT DILUTION SERIES: 

COMPOSITE SAMPLE TYPE: 

TEST SPECIES/METHODS: 

001 

TXl. 

0.018% 

0.008%, 0.010%, 0.014%, 

0.018%, and 0.025% 

Defined at PART I 

40 CFR Part 136 (See LAC 

33: IX. 4901) 

Daphnja ~ acute static renewal 48-hour definitive toxicity 

test using EPA 821-R-02-012, or the latest ~pdate thereof. A 

minimum of five (5) replicates with ten (10) organisms per 

replicate must. be used in the control and in each effluent 

dilution of this test. 

Pimephales promelas (Fathead minnow) acute static renewal 

48-hour definitive toxicity test using EP~ 821-R-02-012, or 

the latest update. thereof. A minimum of five (5) replicates 

with ten (10) organisms per replicate must be used in the 

control and in each effluent dilution of this test. 

b. The NOEC (No Observed Effect Concentration)'is defined as the 

greatest effluent dilution at and below which lethality that 

is statistically different from the control (0% effluent) at 

the 95% confidence level does not occur. 

c. This permit may be reopened to require whole' effluent toxicity 

limits, chemical specific effluent limit~, additional testing, 

and/or other appropriate actions to address toxicity. 

d. Test failure is defined as a dernonstratio~ of statistically 

significant sub-lethal or lethal effects to:a test species at 

or below the effluent critical dilution. 
OTHER REQUIREMENTS (continued) 

2. PERSISTENT LETHALITY 

Part II 

Page l4 of 22 

Permit No. LA0038890 

AI No. 2290 

The requirements of this subsection apply only when a toxicity test 

demonstrates significant lethal effects at or below the critical 

dilution. Significant lethal effects are herein defined as a 

statistically significant difference at the 95% confidence level 

between the survival of the appropriate test organism in a specified 

effluent dilution and the control (0% effluent). 

If any valid test demonstrates significant lethal effects to a test 

species at or below the cr~tical dilution, the frequency of teSting 

for that species is automatically increased to once per quarter for 

the term of the permit. 

a. The permittee shall conduct.a total of three (3) additional 

tests for any species that demonstrates statistically 

significant lethal toxic.effects at the critical dilution or 

lower effluent dilutions. The additional tests shall be 

conducted monthlY during. the next three consecutive months in 

which a discharge occurs to determine; if toxicity is 

persistent or occurs on a periodic basis. The purpose of this 

testing is to determine whether toxicity is present at a level 

and frequency that will provide toxic sample results to use in 

performing a Toxicity Reduction Evaluation (TRE). If no 

additional test failures occur during the retest monitoring 

period, the testing frequency will be once per quarter for the 

term of the permit or until another test f8ilure occurs. The 

permittee may substitute one of the additional tests in lieu 

of one routine toxicity test. A full report shall be prepared 

for each test required by this section in accordance with 

procedures outlined in Item 4 of this section 'and submitted 

with the period discharge monitoring report (DMR) to the 

permitting authority for review. 

b. If any of the valid additional tests demonstrates significant 

lethal effects at or below the critical dilution, the 

permittee shall initiate Toxicity Reduction Evaluation (TRE) 

req1:1irements as specified in Item 6 of this section. The 

permittee shall notify the Department of Environmental 

Quality, Office of Environmental Compliance Permit 

Compliance Unit in writing within 5 days of the failure in any 

retest, and the TRE initiation date will be the test 

completion date of the first failed retest. A TRE may also be 

required due to a demonstration of intermittent lethal effects 

at or below the critical dilution, or for failure to perform 

the required retests. 

c. The provisions of Item 2.a are suspended upon submittal of the 

TRE Action Plan. 
OTHER REQUIREMENTS (continued} 

3. REQUIRED TOXICITY TESTING CONDITIONS 

a. Test Acceptance 

Part I I 

Page 15 of 22 

Permit No. LA0038890 

AI No. 2290 

The permittee shall repeat a test, including the control and 

all effluent .dilutions, if the procedures and quality 

assurance requirements defined in the test methods or in this 

permit are not ·satisfied, including the following additiona·l 

criteria: 

i. Each toxicity test control (0% effluent} must have a 

survival equal to or greater than 90%. 

ii. The percent coefficient of variation between replicates 

shall be 4 0% or less in the control · ( 0% effluent} for: 

Daphnia ~ survival test; and Fathead minnow survival 

test. 

iii. The percent coefficient of variation between replicates 

shall be 40% or less in the critical dilution, unJess 

significant lethal effects are exhibited for: Daphnia 

~ survival test; and Fathead minnow survival test. 

Test failure may not be construed or reported as invalid due 

to a coefficient of variation value of greater than 40%. A 

repeat test shall be conducted within the required reporting 

period of ·any test determined to be invalid. 

b. Statistical Interpretation 

For the Daphnia PJ.l.l.e.l> survival test and the. Fathead minnow 

survival test, the s.tatistical analyses used to determine if 

there is a statistically significant difference between the 

control and the critical dilution shall be in accordance with 

the methods for determining the No Observed Effect 

Concentration (NOEC} as described in EPA 821-R-02-012, or the 

.most recent update thereof. 

If the conditions of Test Acceptability are met in Item 3.a 

above and the percent surviVal Of the test organism is equal 

to or greater than 90% in the critical dilution concentration 

and all lower dilution concentrations, the test shall be 

considered to be a passing test regardless of the NOEC, and 

the permittee shall report ·a NOEC of not less than the 

critical dilution for the DMR reporting requirements found in 

Item 4 bel.ow. 

c. QiJution Water 

i. Dilution water used in the toxicity tests will be 

receiving water collected as close to the point of 

discharge as possible but unaffected by the discharge. 
OTHER REQUIREMENTS (continued) 

Part II 

Page 16 of 22 

Permit No. LA0038890 

AI No. 2290 

The permittee shall substitute synth~tic dilution water 

of similar pH, hardness and alkalinity to the closest 

downstream perennial water for; 

(A) ·toxicity ·tests conducted on effluent discharges 

to receiving water classified as intermittent 

streams; and 

(B) toxicity tests conducted "on effluent discharges 

where no receiving water is available due to zero 

flow conditions. 

ii. If the receiving water is unsatisfactory as a result of 

instream toxicity (fails to fulfill the test acceptance 

criteria of Item 3. a), the permittee may substitute 

synthetic dilution water for the re·cei ving water in all 

subsequent tests provided the ·unacceptable receiving 

water test met the following stipulations: 

(A) a synthetic dilution water control which fulfills 

the test acceptance requirements of Item 3.a·was 

run . concurrently with the receiving water 

control; 

(B) the test indicating receiving water toxicity has 

been carried out to completiori (i.e., 48 hours); 

(C) the permittee includes all test 

indicating receiving water toxicity with 

report and information required by Item 

and 

results 

the full 

4 below; 

(D) the synthetic dilution water shall have a pH, 

hardness and alkalinity similar to that of the 

receiving water or closest d~wnstream perennial 

water not adversely affected' by the discharge, 

provided the magnitude of these parameters will 

not _cause toxicity in the synthetic dilution 

water. 

d. Samples and Composites 

i. The permittee shall collect two 24~hour flow-weighted 

composite samples from the outfall (S)' listed at Item l.a 

above. A 24-hour composite sample consists of a minimum 

of 4 effluent portions collected at e'qual time intervals 

representative of a 24-hour operating day and combined 

proportional tO flow or a sample continuously collected 

proportional· to flow over a 24-hour 1

operating day. 

ii. The permittee shall collect a sec_ond 24-hour composite 

sample for use during the 24-hour renewal of each 

dilUtion concentration for both tests. The permittee 
Part II 

Page 17 of 22 

Permit No. LA0038890 

AI· No. 2290 

OTHER REQUIREMENTS {continued) 

must collect the 24-hour composite samples so that the 

maximum holding time for any effluent sample shall not 

exceed 36 hours. The permittee must have initiated the 

toxicity test within 36 hours after the collection of 

the last portion of the first 24-hour composite sample. 

Samples shall be chilled to 0-6 degrees Centigrade 

during collection, shipping and/or storage. 

iii. The permittee must collect the 24-hour composite samples 

such that the effluent samples are representative of any 

periodic episode of chlorination,. 

potentially toxic substance 

intermittent basis. 

biocide usage or other 

discharged on an 

iv. If the flow from the outfall {s) being tested ceases 

during the collection of effluent samples, the 

requirements for the minimum nwnber of effluef!t samples, 

the minimum number of effluent portions and the sample 

holding time are waived during that sampling period. 

However, the permittee must collect an effluent 

composite sample volume during the period of discharge 

that is sufficient to complete the required toxicity 

tests with daily renew~l of effluent. When possible, 

the effluent samples used for the toxicity tests shall 

be collected on separate days. The effluent compoSite 

sample collection duration and the static renewal 

protocol associated with the abbreviated sample 

collection must be documented in the full report 

required in Item 4. of this section. 

4 . REPORTING 

a. A valid test must be completed and test results must be 

submitted for each spec_ies during each Monitoring Period. The 

permittee shall prepare a full report of the results of all 

tests condu.cted pursuant to this Part in accordance with the 

Report Preparation Section of EPA 821-R~02-012, . for every 

valid or invalid toxicity test initiated, whether carried to 

completion or not. The permittee shall retain each full 

report pursuant to the provisions of Part III.C.3 of this 

permit. For any test which fails, is co~sidered invalid or. 

which' is terminated early for any reason, the full report must 

be submitted for agency review. The permittee shall submit 

the first full report to the following address: 

Department of Environmental Quality 

Office of Environmental Compliance 

Enforcement Division 

P.O. Box 4312 

Baton Rouge, Louisiana 70821-4312 

Attn: Perrnit.Cornpliance Unit 
OTHER REQUIREMENTS (continued) 

Part II 

Page 18 of 22 

Permit No. LA0038890 

AI No. 2290. 

b. The permittee shall submit the results of each valid toxicity 

test on the DMR for that Monitoring Period in accordance with 

Part III.D.4 of this permit. Submit retest information 

clearly marked as such on the DMR for the Monitoring Period in 

which the retest occucred. Only results of valid tests are to 

be reported on the DMR. The permittee shall submit the Table 

.1 Summary Sheet with each valid test. 

i. Pimephales promela·s (Fathead minnow) 

(A) If the No Observed Effect Concentration (NOEC) 

for survival is less than the critical dilution, 

enter a "1"; otherwise, enter a "0" for Parameter 

No. TEM6C. 

(B) Report the NOEC value for survival, Parameter No. 

TOM6C. 

(C) Report the highest (critical dilution or control) 

Coefficient of Variation, Parameter No. TQM6C. 

ii. Daphnia~ 

(A) If the NOEC .for survival is less than the 

critical dilution, enter a· ''1''; otherwise, enter 

a "0" for Parameter No. TEM3D. 

(B) Report the NOEC value for survival, Parameter No: 

TOM3D. 

(C) Report the highest (critical di'lution or control) 

Coefficient of Variation, Parameter No. TQM3D. 

iii. The permit.tee shall report the following results for all 

Y8LIQ toxicity retests on the DMR for that Monitoring 

Period. 

(A) Retest #1 (STORET 22415): If the li.l.:.tl. monthly 

re.test following failure of a routine test for 

either test .species results in an NOEC for 

survival less than the critical dilution, report 

a ''1"; otherwise, report a ''0''~ 

(B) Retest #2 (STORET 22416): If the second monthly 

retest following failure of a routine test for 

either test species results in an NOEC for 

survival less than the critical dilution, report 

a "1"; otherwise, report a "0". 

(C) Retest #3 (STORET 51443): If .the .t.hi..!:.Q monthly 

retest. following failure of a routine test for 

either test species results in an NOEC for 
OTHER REQUIREMENTS (continued) 

Part II 

Page 19 of :22 

Permit No. 'LA00388 90 . AI No. 2290 

survival less than the critical dilution, report 

a "1"; otherwise, report a "0". 

If, for any reason, a retest cannot be performed during 

the Monitoring Period in which the triggering routine 

test failure.is experienced, the permittee shall report 

it on the following Monitoring Period's DMR, and the 

comments section of the DMRs shall be annotated to that 

effect. If retesting is not required dpring a given 

Monitoring Period, the permittee shall leave these DMR 

fields blank. 

The permittee shall submit the toxici'ty t'esting information 

contained in Table 1 of this permit with the DMR subsequent to 

each and every toxicity test Monitoring Period. The·DMR and 

the summary tables should be sent to the address indicated in 

4. a. 

5. MONITORING FREQUENCY REDUCTION 

a. Upon successfully passing the first four quarters of WET 

testing after permit issuance/reiss.uance and in the absence of 

subsequent lethal toxicity for one or both test species. at or 

below the critical dilution, the permittee may apply for a 

testing frequency reduction. If grantep, the monitoring 

frequency for that test species may be reduced to not less 

than once per year for the less sensitive species (usually the 

Fathead minnOw) and not l.ess than once per 'six months for. the 

more sensitive test species (usually th'e Daphnia pulex). 

Monitoring frequency ·reduction shall not apply to monitoring 

frequencies of. once per year. 

b. CERTIFICATION - The permittee must certify ,in writing that no 

test failures have occurred. and that all tests meet all test 

acceptability criter{a in Item 3.a. above. In addition, the 

permit tee' must provide a list with each test performed 

including test initiation date, species, NOEC's for lethal and 

sub-lethal eff~cts and the max~mum coeffi~ient of variation 

for the controls. Upon review and acceptance of this 

information the agency will issue a letter of confirmation of 

the monitoring frequency reduction. A copy: of the letter will 

be forwarded to the agency's Permit Compliance Unit to update 

the permit reporting requirements. 

c. This monitoring frequency reduction applies o:1ly until the 

expiration date of this permit, at which t'ime the Monitoring 

Frequency/Monitoring Period for both test species reverts to 

once per quarter until the p~rmit is re-issued. 

d. SURVIVAL FAILURES - If any test fails the survival endpoint at 

any time during the.term of this permit, three monthly retests 

are required and the monitoring frequency for the affected 

test species shall be increased to once per. quarter until the 
OTHER REQUIREMENTS (continued) 

Part II 

Page 20 of 22 

Permit No. LA0038890 

AI No. 2290 

permit is reissued. Monthly retesting is not required if the 

permittee is performing a TRE. 

6. TOXICITY REQ{JCTTON EVALUATION !TRE! 

a. Within ninety ( 90) days of confirming lethality in the. 

retests, the permittee shall submit a Toxicity RedUction 

Evaluation (TRE) Action Plan and Schedule for conducting a 

TRE. The TRE Action. Plan shall specify the approach and 

methodology to be used in performing the. TRE. A Toxicity 

Reduction Evaluation is an investigation intended to determine 

those actions necessary to achieve compliance with water 

quality-based effluent requirements/and or chemical-specific 

limits by reducing an effluent's toxicity to an acceptable 

level. A TRE is defined as a step-wise proCess which combines 

toxicity testing and analyses of the physical and chemical 

characteristics of a toxic effluent to identify the 

constituents causing effluent toxicity and/or tieatment 

methods which will reduce the effluent toxicity. The TRE 

Action Plan shall lead to the successful elimination of 

effluent toxicity at the critical dilution and include the 

following: 

i. Specific Activities. The plan shall detail the specific 

approach.the permittee intends to ut~lize in conducting 

the TRE. The approach may include toxicity 

characterizations, identifications · and confirmation 

activities, source evaluation, treatability studies, or 

alternative approaches. When the permittee conducts 

Toxicity Characterization Procedures the permittee shall 

perform multiple characterizations and follow the 

procedures specified in the document "Methods for 

Aquatic Toxicity Identification Evaluations: Phase I 

Toxicity Characterization Procedures" (EPA-600/6-91/003) 

or alternate procedures. When the Permittee conducts 

Toxicity Identification Evaluations and Confirmations, 

the permittee shall perform multiple identifications and 

follow the methods specified in the documents "Methods 

for Aquatic Toxicity Identification Evaluations, Phase 

II Toxicity Identification Procedures for Samples 

Exhibiting Acute and Chronic Toxicity" (EPA/600/R92/080) and "Methods for Aquatic Toxicity Identification 

Evaluations, Phase III Toxicity Confirmation Procedures 

for Samples Exhibiting Acute and Chronic Toxicity" 

(EPA/600/R-92/081), as appropriate. 

The document.s referenced above may be obtained through 

the National Technical Information Service (NTIS) by 

phone at (703) 487-4650, or by writing: 
OTHER REQUIREMENTS (continued) 

Part II 

Page 21 of ·22 

Permit No. LA0038890 

AI No. 2290 

U.S. Department of Commerce 

National Technical Information Service 

5285 Port Royal Road 

Springfield, Va. 22161 

ii. Sampling Plan (e.g., locations, methods, holding times, 

chain of custody, preservation, etc.). The effluent 

sample volume collected for all tests shall be adequate 

to perform the toxicity test, toxicity characterization, 

identification and co"nfirmation procedures, and conduct 

chemical specific analyses when a probable toxicant has 

been identified; 

Where the permittee has identified o~ suSpects specific 

pollutant(s) and/or source(s) of effluent toxicity, the 

permittee shall conduct, concurrent with toxicity 

testing, chemical specifiC analyses for the identified 

and/or suspected pollutant(s) and/or source(s) of 

effluent toxicity. Where lethality was demonstrated 

within 24 hours of test initiation, each composite 

sample shall be analyzed independently. Otherwise the 

permittee may substitute a composite' sample, comprised 

of equal portions of the individual composite samples, 

for the chemical specific analysis; 

iii. Quality Assurance Plan (e.g., QA/QC i:nplementation, 

corrective actions, etc.); and 

iv. Project Organization (e.g., project staff, project 

manager, consulting services, etc.).· 

b. The permittee shall initiate the TRE Action Plan within thirty 

(30) days of plan and schedule submittal. The permittee shall 

assume all risks for failUre to achieve the, required toxicity 

reduction. 

c. The permittee shall submit a quarterly TRE Activities Report, 

with the Discharge Monitoring Report in the months of January, 

April, July and October, containing information on toxicity 

reduction evaluation activities including: 

i. any data and/or 'substantiating documentation which 

identify the pollutant(s) and/or source(s) of effluent 

toxicity; 

ii. any studie~/evaluations and results on the treatability 

of the facility's effluent toxicity; and 

iii. any data which identify effluent •toxicity Gontrol 

mechanisms that will reduce effluent toxicity to the 

level necessary to achieve compliance with permit 
OTHER REQUIREMENTS (continued) 

Part II 

Page 22 of 22 

Permit No. LA0038890 

AI No. 2290 

biomoni taring requirements and/or, ·CheJ"D,ical-specific 

limi t"s. 

The TRE Activities Report shall be submitted to the following 

addresses: 

Department of Environmental Quality. 

Office of Environmental Compliance. 

Enforcement Division 

P.O. Box 4312 

Baton Rouge, Louisiana 70821-4312 

Attn: Permit Compliance Unit 

U.S. Environmental Protection Agency, Region 6 

Water Enforcement Branch, 6 EN-WC 

1445 Ross Avenue 

Dallas, Texas 75202 

d. The permittee shall submit a Final Report on Toxicity 

Reduction Evaluation Activities no later than twenty-eight 

(28) months from confirming lethality· in .the retests, which 

provides information pertaining to the specific control 

mechanism selected that will, when implemented, result in the 

permittee achieving compliance with petmit biornonitoring 

requirements and/or chemical-specific limits. The report will 

also provide a specific corrective action schedule for 

implementing the selected control mechanism. 

A copy of the ·Final Report on Toxicity Reduction Evaluation 

Activities shall ?lso be submitted to the above addresses. 

e. Quarterly testing during the TRE is a minimum rnoni taring 

requirement. LDEQ recommends that permittees required to 

perform· a TRE not rely on quarterly testing alone to ensure 

success in the TRE, and that additional screening tests be 

performed to capture toxic samples for identification of 

toxicants. At the end of the TRE, LDEQ will consider all 

information submitted and establish appropriate controls to 

prevent future toxic discharges, including WET and/or· 

chemical-specific limits ·per state regulations at LAC 

33:IX.2707.D.1.e. 
TABLE 1 

SUMMARY SHEET 

Daphnia pulex ACUTE SURVIVAL TEST RESULTS 

PERMITTEE: Nalco Company 

FACILITY SITE: Garyville Facility 

LPDES PERMIT NUMBER: LA0038890. 2290 

OUTFALL IDENTIFICATION: 001 

OUTFALL SAMPLE IS FROM SINGLE ------- MULTIPLE DISCHARGES 

BIOMONITORING LABORATORY: ______________________________________ _ 

DILUTION WATER· USED: -,--::-:--::--::-:::c-,. RECEIVING WATER ___ LAB WATER 

CRITICAL DILUTION 0.018% DATE TEST INITIATED ____________ _ 

1. LOW-FLOW LETHALITY: 

Is the mean survival at 48 hours significantly less (p~O.OS) than the 

control survival for the low flow or critical dilution? 

TIME OF REP 

READING 

c 

D 

_______ yes _______ no 

DILUTION SERIES D~c'n~c-nADUNTA 

. . - . ' -. -' ' .. ·· .. ,. . . _. .. . ,. .',' . 

I 

lt.~{I~t~f· ;;~: : ~~~.~:::,~~~ .. ~ ... ~·;..~: ~c~p==~IP===~IP===~I====~I====~~====~I 

:i:t;:. Jti. t'x~.J iP~i===U====~I====~F===IF====lF==~I 

~:\;·i~~i;:;; .. ·.~~:·m=.· =: ~F==~F==~i=====H=====lF====li======ll 

MEAN ~ 

2. Are the test results to be considered valid? __ yes __ no 

If __2L_no (test invalid), what are the reasons for invalidity? 

3. Is this a retest of a previous'invalid test? 

Is this a retest of a previous test failure? 

yes no 

yes __ no 

4. Enter percent effluent corresponding to each NOEC (No Observed Effect 

Concentration) for Daphnia ~: 

NOEC % effluent 

%. effluent 
TABLE 1 

SUMMARY SHEET 

Pimephales promelas ACUTE SURVIVAL TEST RESULTS 

PERMITTEE: Nalco Company 

FACILITY·SITE: Garyville Facility 

LPDES PERMIT NUMBER: LA0038890. 2290 

OUTFALL IDENTIFICATION: 001 

OUTFALL SAMPLE IS FROM SINGLE MULTIPLE DISCHARGES 

BIOMONITORING LABORATORY: ______ ~~~~~~~------~~~~~ 

DILUTION WATER USED: RECEIVING WATER _____ LAB WATER 

CRITICAL DILUTION 0.018% DATE TEST INITIATED ____________ __ 

1 .. LOW-FLOW LETHALITY: 

Is the mean survival at 48 hours significantly less. {p~0.05) than the 

control survival for the low flow or critical dilution? 

____ -,-_yes _______ no 

DILUTION SERIES RESULTS-PIMEPHALES 

I MEAN I t?~:;~ I II II II II II 

2. Are the test results to be considered valid? ____ yes no 

If ____x__no {test invalid), what are the reasons for invalidity? 

3. Is this a retest of a previous invalid test? yes ___ '_no 

Is this a retest of a previous test failure? yes ____ no 

4. Enter percent effluent corresponding to each NOEC {No Observed Effect 

Concentrati~n} for Pimephales: 

NOEC % effluent 

LC50 4 8 % effluent 
REVISED 4/25/07 Page 1 of 17 

PART Ill 

STANDARD CONDITIONS FOR LPDES PERMITS 

SECTION A. GENERAL CONDITIONS 

1. Introduction 

In accordance with the provisions of LAC ·33:1X.2701, et seq., this permit incorporates either expressly or by 

reference ALL conditions and requirements applicable to Louisiana Pollutant Discharge Elimination System 

Permits (LPDES) set forth in the Louisiana Environmental Quality Act (LEQA), as amended, as well as ALL 

applicable regulations. · 

2. Dutv to Comply 

The . permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a 

violation of the Clean Water Act (CWA) and the Louisiana Environmental Quality Act and is grounds for 

enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a 

permit renewal application. .. 

3. Penalties for Violation of Permit Conditions 

a. LA. R. S. 30:2025 provides for civil penalties for violations of these regulations and the Louisiana 

Environmental Quality Act. LA. R. S. 30:2076.2 provides for criminal penalties for violation of any 

provisions of the LPDES or any order or any permit condition or limitation issued under or implementing 

any provisions of the LPDES program. (See Section E. Penalties for Violation of Permit Conditions for 

additional details). 

b. Any person may be assessed an administrative penalty by the State Administrative Authority under LA. 

R. S. 30:2025 for violating a permit condition or limitation implementing any of lhe requirements of the 

LPDES program in a permit issued under the regulations or the Louisiana Environmental Quality Act. 

4. Toxic Pollutants 

a. Other effluent limitations and standards under Sections 301, 302, 303, 307, 318, and 405 of the Clean 

Water Act. If any applicable toxic effluent standard or prohibition (including any schedule of compliance 

specified in such effluent standard or prohibilion) is promulgated under Section 307(a) of the Clean 

Water Act for a toxic pollutant and that standard or prohibition is more stringent than any limitation on 

the pollutant in this permit, the state administrative authority shall institute proceedings under these 

regulations to modify or revoke and reissue the permit to conform to the· toxic effluent standard or 

prohibition. 

b. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of 

the Clean Water Act for toxic pollutants and with standards for sewage sludge ~use or disposal 

established under Section 405(d) of the Clean Water Act within the time provided in the regulations that · 

establish lhese standards or prohibitions, or standards for sewage sludge use or disposal, even if the 

permit has not yet been modified to incorporate the requirement. 

5. Dutv to Reapply 

a. Individual Permits. If the permittee wishes to continue an activity regulated by lhis permil after the 

expiration date of this permit, the permittee must apply for and obtain' a new permit. The new 

application shall be submitted at least 180 days before the expiration date of the existing permit, unless 

permission for a later date has· been granled by the state ·administrative authority. (The state 

administrative authority shall not grant perm·,ssion for applications to be submitted later than the 

expiration date of the existing permit.) Continuation of expiring permits shall be governed by regulations 

promulgated at LAC 33:1X.2321 and any subsequent amendments. 

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b. General Permits. General permits expire five years after the effeclive date. The 180-day reapplication 

period as defined above is not applicable to general permit authorizations. Reissued general permits 

may provide automatic coverage for permittees authorized under the previous version of the permit, and 

no new application is required. Requiremenls for obtaining authorization under the reissued general 

permit will be outlined in Part I of the new permit. Permittees authorized lo discharge under an expiring 

general permit should follow the requirements for obtaining coverage under the new general permit to 

maintain discharge authorization. · ' 

6. Permit Aclion 

This permit may be modified, revoked and reissued, or terminated for cause in accordance with LAC 

33:1X.2903, 2905,2907, 3105 and 6509. The causes may include, but are not limited to, the following: 

a. Noncompliance by the permittee with any condition of the permit; 

b. The permittee's failure in the application or during the permit issuance process to disclose fully all 

relevant facts, or the permittee's misrepresentation of any relevant facts at any time; 

c. A determination that the permitted activity endangers human health or the environment and can only be 

regulated to acceptable levels by permit modification or termination; 

d. A change in any condition that requires either a temporary or a permanent reduction or elimination of 

any discharge; or 

e. Failure to pay applicable fees under the provisions of LAC 33: IX. Chapter 13; 

f. Change of ownership or operational control; 

The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, 

or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 

7. Property Rights 

This permit does not convey any property rights of any sort, or any exclusive privilege. 

8. Duty to Provide Information 

The permittee shall furnish to the state administrative authority, within a reasonable time, any information 

which the state administrative authority may request to determine whether cause exists for modifying, 

revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The 

permittee shall also furnish to the state administrative authority, upon request, copies of records required to 

be kept by this permit. · · 

9. Criminal and Civil Liability 

Except as provided in permit condilions on "Bypassing" and "Upsets", nothing in this permit shall be 

construed to relieve the permittee from civil or criminal penalties for noncompliance. Any false or materially 

misleading representation or concealment of information required to be reported by the provisions of the 

permit, the Act, or applicable regulations, which avoids or effectively defeats the regulator)! purpose of the 

Permit may subject the Permittee to criminal enforcement pursuant to La. R.S. 30:2025. 

10. Oil and Hazardous Substance Liability . 

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the 

permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under 

Section 311 of the Clean Water Act. 

11. State Laws 

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the 

permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law 

or regulation under authority preserved by Section 510 of the Clean Water Act. 

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12. Severability 

If any provision of these rules and regulations, or the application thereof, is held lo be invalid, the remaining 

provisions of these rules and regulations shall not be affected, so long as they 'can be given effect without 

the invalid provision. To this end, the provisions of these rules and regulations are declared to be severable. 

13. Dilution 

' A permittee shall not achieve any effluent concentration by dilution unless specifically authorized in the 

permit. A permittee shall not increase the use of process water or cooling water or otherwise attempt to 

dilute a discharge as a partial or complete substitute for adequate treatment to achieve permit limitations or 

water quality. 

14. Facilities Requiring Approval from Other State Agencies 

In accordance with La R.S.40.4(A)(6) the plans and specifications of all sanitary sewerage treatment 

systems, both public and private, must be approved by the Department of Health and Hospitals state health 

officer or his designee. It is unlawful for any person, firm, or corporation, both municipal and private to 

operate a sanitary sewage treatment facility without proper authorization from the state health officer. 

In accordance with La R.S.40.1149, it is unlawful for any person, firm or corporation, both municipal and 

private, operating a sewerage system to operate that system unless the competency of the operator is duly 

certified by the Department of Health and Hospitals state health officer. Furthermore, it is unlawful for any 

person to perform the duties of an operator without being duly certified. 

In accordance with La R.S.48.385, it is unlawful for any industrial wastes, sewage, septic tanks effluent, or 

any noxious or harmful matter, solid, liquid or gaseous to be discharged into the side· or cross ditches or 

placed upon the rights-of-ways of state highways without the prior written consent of the Department of 

Transportation and Development chief engineer or his duly authorized representative and of the secretary of 

the Department of Health and Hospitals. · 

SECTION B. PROPER OPERATION AND MAINTENANCE 

1. Need to Halt or Reduce not a Defense 

It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt 

or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 

2. Duty to Mitigate 

The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit 

which has a reasonable likelihood of adversely affecting human health or the environment. The permittee 

shall also take all reasonable steps to minimize or correct any adverse impact on the environment resulting 

from noncompliance with the permit, including such accelerated or additional monttoring as necessary to 

determine the nature and impact of the noncomplying discharge. 

3. Proper Operation and Maintenance 

a. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and 

control (and related appurtenances) which are installed or used by the permittee to achieve compliance 

with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory 

controls and appropriate quality assurance procedures. This provision requires the operation of back-up 

or auxiliary facilities or similar systems which are installed by a permittee only when the operation is 

necessary to achieve compliance with the conditions of the permit. 

b. The permittee shall provide an adequate operating staff which is duly qualified to carry out operation,· 

maintenance and other functions necessary to ensure compliance with the conditions of this permit. 

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4. Bypass ofTreatment Facilities 

a. Bypass. The intentional diversion of waste streams from any portion of a treatment facility. 

b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient 

operation. These bypasses are not subject to the provisions of Section B.4.c. and 4.d of these standard conditions. . 

c. Notice 

.(1} Anticipated bypass. If the permittee knows in advance of the need for a:bypass, it shall submit prior 

notice to the Office of Environmental Services, Water Permits Division, if possible at least ten days 

before the date of the bypass. 

(2} Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in 

LAC 33:1X.2701.L.6, (24-hour notice} and Section D.6.e. of these standard conditions. · 

d. Prohibition of bypass 

(1} Bypass is prohibited, and the state administrative authority may take enforcement action against a 

permittee for bypass, unless: 

(a} Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;. ' 

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment 

facilities, retention of untreated wastes, or maintenance during normal periods of equipment 

downtime. This condition is not satisfied if adequate back-up equipment should have been 

installed in the exercise of reasonable engineering judgment to prevent a bypass which 

occurred during normal periods of equipment downtime or preventive maintenance; and, 

(c) The permittee submitted notices as required by Section B.4.c of these standard conditions. 

(2} The slate administrative authority may approve an anticipated bypass after considering its adverse 

effects, if the state administrative authority determines that it will meet the three conditions listed in Section B.4.d{1} of these standard conditions. · 

5. Upset Conditions 

a. Upset. An exceptional incident in which there is 'unintentional and temporary noncompliance with 

technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not .include noncompliance to the extent caused by operational error, 

improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, 

or careless or improper operation. 

b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance 

with such technology-based permit effluent limitations if the requirements of Section B.5.c. are met. No determination made during administrative review of claims that noncompliance was caused by upset, 

and before an action for noncompliance, is final administrative action subject to judicial review. 

c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative 

defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other 

relevant evidence that: 

(1} An upset occurred and that the permittee can identify the cause(s} of the upset; 

(2} The permitted facility was at the time being properly operated; and 

(3} The permittee submitted notice of the upset as required by LAC 33:1X.2701.L.6.b.ii. and Section D.6.e.(2} of these standard conditions; and ' ' 

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(4) The permittee complied with any remedial measures required ~Y Section B.2 of lhese standard 

conditions. 

d. Burden of proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of 

an upset has the burden of proof. 

6. Removed Substances 

Solids, sewage sludges, filter backwash, or other pollutants removed in the course of treatment or 

wastewater control shall be properly disposed of in a manner such as to prevent any pollutant from such 

materials from entering waters of the state and in accordance with environmental regulations. 

7. Percent Removal 

For publicly owned treatment works, the 30-day average percent removal for Biochemical Oxygen Demand 

and Tolal Suspended Solids shall not be Jess than 85 percent in accordance with LAC 33:1X.5905.A.3. and 

B.3. 

SECTION C. MONITORING AND RECORDS 

1. Inspection and Entry 

The permittee shall allow the state administrative authority or an authorized representative (including an 

authorized contractor acting as a representative of the. Administrator), upon the presentation of credentials 

and other documents as may be required by the law to: 

a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or 

where records must be kept under the conditions of this permit. 

Enter upon the permittee's premises where a discharge source is or might be located or in which 

monitoring equipment or records required by a permit are kept for inspection or sampling purposes. 

Most inspections will be unannounced and should be allowed to begin immediately, but in no case shall 

begin more than thirty (30) minutes after the time the inspector presents his/her credentials and 

announces the purpose(s) of the inspection. Delay in excess of thirty (30) minutes shall constitute a 

violation of this permit. However, additional time can be granted if the inspector or the Administrative 

Authority determines that the circumstances warrant such acticin; and 

b. Have access to and copy, at reasonable times, any records that the department or its authorized 

representative determines are necessarY for the enforcement of this permit. For records maintained in 

either a central or private office that is open only during normal office hours and is closed at the time of 

inspection, the records shall be made available as soon as the office is open, but in no case later than 

the close of business the next working day; · 

c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), 

practices, or operations regulated or required under this permit; and 

d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise 

authorized by the Clean Water Act or the Louisiana Environmental Quality Act, any substances or 

parameters at any location. 

e. Sample Collection 

(1) When the inspector announces that samples will be collected, the permittee will be given an 

additional thirty (30) minutes to prepare containers in order to collect duplicates. If the permittee 

cannot obtain and prepare sample containers within this time, he is considered to have waived his 

right to collect duplicate samples and the sampling will proceed immediately. Further delay on the 

part of the permittee in allowing initiation of the sampling will constitute a violation of this permit. 

(2) At the discretion of the administrative authority, sample collection shall proceed immediately 

(without the additional 30 minutes described in Section C.1.a. above) and the inspector shall supply 

· the permittee with a duplicate sample. 

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f. It shall be the responsibility of the permittee to ensure that a facility representative familiar with 

provisions of its wastewater discharge permit, including any other conditions or limitations, be available 

either by phone or in person at the facility during all hours of operation. The absence of such personnel 

on-site who are familiar with the permil shall not be grounds for delaying the initiation of an inspection 

except in situations as described in Section C.1.b. of these standard conditions. The permittee shall be 

responsible for providing witnesses/escorts during inspections. Inspectors shall abide by all company 

safety rules and shall. be equipped with standard safety equipment (hard· hat, safety shoes, safety 

glasses) normally required by industrial facilities. 

g. Upon written request copies of field notes, drawings, etc., taken by department personnel during an 

inspection shall be provided to the permittee after the final inspection report has been completed. 

2. Representative Sampling 

Samples and measurements taken for the purpose of monitoring shall be representative of the monitored 

activity. All samples shall be taken at the outfall location(s) indicated in the permit. The state administrative 

authority shall be notified prior to any changes in the outfall location(s). Any changes in the outfall 

location(s) may be subject to modification, revocation and reissuance in accordance with LAC 33:1X.2903. 

: 3. Retention of Records 

Except for records of monitoring information required by this permit related to the permittee's sewage sludge 

use and disposal activities, which shall be retained for a period of at least five years (or longer as required 

by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and 

maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies 

of all reports required by this permit, and records of all data used to complete the application for this permit, 

for a period of at least 3 years from the date of the sample, measurement, report,,or application. This period 

may be ex1ended by request of the state administrative authority at any time.· 

4. Record Contents 

Records of monitoring information shall include: 

a. The date, exact place, and time of sampling or measurements; 

b. The individual(s) who performed the sampling or measurements; 

c. The date(s) analyses were performed; 

d. The time(s) analyses were begun; 

e. The individual(s) who performed the analyses; 

f. The analytical techniques or methods used; 

g. The results of such analyses; and 

h. The results of all quality control procedures. 

5. Monitoring Procedures 

a. Monitoring results must be conducted according to test procedures approved under 40 CFR Part 136 or, 

in the case of sludge use or disposal, approved under 40 CFR Part 136 unless otherwise specified in 40 

CFR Part 503, unless other test procedures have been specified in this permit 

b. The permittee shall calibrate and perform maintenance procedures on all monitoring and analytical 

instruments at intervals frequent enough to insure accuracy of measurements and shall maintain 

appropriate records of such activities. 

c. The permittee or designated laboratory shall have an adequate analytical quality assurance/quality 

control program to produce· defensible data of know precision and accuracy. All quality control 

measures shall be assessed and evaluated on an on-going basis and quality control acceptance criteria 

shall be used to determine the validity of the data. All method specific quality control as prescribed in 

the method shall be followed. If quality control requirements are not included in the method, the 

permittee or designated laboratory shall follow the quality control requirements as. prescribed in the 

Approved Edition (40 CFR Part 136) .Standard Methods for the Examination of Water and Wastes, 

Sections 1 020A and 1 0208. General sampling protocol shall follow guidelines established in the 

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"Handbook for Sampling and Sample Preservation of Water and Wastewater, 1982 "U.S. Environmental 

Protection Agency. This publication is available from the National Technical Information Service (NTIS), 

Springfield, VA 22161, Phone number (800) 553-6847. Order by NTIS publication number PB-83-

124503. 

6. Flow Measurements 

Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be 

selected and used to ensure the accuracy and reliability of measurements of the volume of monitored 

discharges. The devices shall be installed, calibrated, and maintained to insure that the accuracy of the 

measurements are consistent with the accepted capability of that type of device. Devices selected shall be 

capable of measuring flows with a maximum deviation of less than 1 0% from true discharge rates 

throughout the range of expected discharge volumes. Guidance in selection, installation, calibration and 

operation of acceptable flow measurement devices can be obtained from the following references: 

a. "A Guide to Methods and Standards for the Measurement of Water Flow, .. 1975," U.S. Department of Commerce, ·National Bureau of Standards. This publication is available from the National Technical 

Information Service (NTIS), Springfield, VA 22161, Phonenumber (800) 553-6847. Order by NTIS 

publication number COM-75-10683: 

b. "Flow Measurement in Open Channels and Closed Conduits, Volumes 1 and 2," U.S. Department of 

Commerce, National Bureau of Standards. This publication is available from the National Technical 

Service (NTIS), Springfield, VA, 22161, Phone number (800) 553-6847. Order by NTIS publication 

number PB-273 535. 

c. "NPDES Compliance Flow Measurement Manual," U.S. Environmental Protection Agency, Office of Water Enforcement. This publication is available from the National Technical Information Service 

(NTIS), Springfield, VA 22161, Phone number (800) 553-6847. Order by NTIS publication number PB82-131178. 

7. Prohibition for Tampering: Penalties 

a. LA R.S. 30:2025 provides for punishment of any person who falsifies, tampers with, or knowingly renders 

inaccurate any monitoring device or method required to be maintained under this permit. 

b. LA R.S. 30:2076.2 provides for penalties for any person who knowingly makes any false statemenl, 

representation, or certification in any record or other document submitted or required to be maintained 

under this permit, including monitoring reports or reports of compliance or non compliance. 

8. Additional Monitoring by the Permittee 

If the Permittee monitors any pollutant more frequently than required by the permit using test procedures 

approved under 40 CFR Part 136 (See LAC 33:1X.4901) or, in the case of sludge use and disposal, 

approved under 40 CFR Part 136 (See LAC 33:1X.4901) unless otherwise specified in 40 CFR Part 503, or 

as specified in the permit, the results of this monitoring shall be included in the calculation and reporting of 

the data submitted in the DMR or sludge reporting form specified by the state administrative authority. 

9. Averaging of Measurements 

Calculations for all limitations which require averaging of measurements shall utilize an .arithmetic mean unless otherwise specified by the state administrative authority in the permit. 

10. Laboratorv Accreditation 

a. LAC 33:1.Subpart 3, Chapters 45-59 provide requirements for an accreditation program specifically 

applicable to commercial laboratories, wherever located, that provide chemical analyses, analytical 

results, or other test data to the department, by contract or by agreement, and the data is: 

(1) Submitted on behalf of any facility, as defined in R.S.30:2004; 

(2) Required as part of any permit application; 

(3) Required by order of the department; 

(4) Required to be included on any monitoring reports submitted to the department; 

(5) Required to be submitted by contractor 

(6) Otherwise required by department regulations. 

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b. The department laboratory accreditation program, Louisiana Environmental Laboratory Accreditation 

Program (LELAP) is. designed to ensure the accuracy, precision, and reliability of the data generated, as 

well as the use of department-approved methodologies in generation of that data. Laboratory data generated by commercial environmental laboratories that are not (LELAP) accredited will not be accepted by the department. Retesting of analysis will be required by an accredited commercial 

laboratory. 

Where retesting of effluent is not possible (i.e. data reported on DMRs for prior month's sampling), the 

data generated will be considered invalid and in violation of the LPDES permit. 

c. Regulations on the Louisiana Environmental Laboratory Accreditation Program and a list of labs that 

have applied for accreditation are available on the department website located under DIVISIONS 7 LAB ORA TORY SERVICES at the following link 

http://www.deg.louisiana.gov 

Questions concerning the program may be directed to (225) 219-9800. 

SECTION D. REPORTING REQUIREMENTS 

1. Facilitv Changes 

The permittee shall give notice to the state administrative authority as soon as possible of any planned 

physical alterations or additions to the permitted facility. Notice is required only when: 

a.· The alteration or addition to a permitted facility may meet one of the criteria for determining whether 

a facility is a new source in 40 CFR 122.29(b); or 

b. The alteration or addition could significantly change the nature or increase the quantity of pollutants 

discharged.' This notification applies to pollutants which are subject neither to effluent limitations in 

the permit, nor to notification requirements under LAC 33: IX.2703.A.1. 

c. For Municipal Permits. Any new introduction of pollutants into the POTW from an indirect 

discharger which would be subject to Section 301, or 306 of the CWA if it were directly discharging 

those pollutants; and any substantial change in the volume or character of pollutants being 

introduced into that POTW by a source introducing pollutants into the POTW at the time of 

issuance of the permit. In no case are any new connections, ·,ncreased flows, or significant 

changes in influent quality permitted that will cause violation of the effluent limitations specified 

herein. 

2. Anticipated Noncompliance 

The permittee shall give advance notice to the state administrative authority of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 

3. Transfers 

This permit is not transferable to any person except after notice to the state administrative authority .. The 

state administrative authority may require modification or revocation and reissuance of the permit to change 

the name of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act or the Louisiana Environmental Quality Act. (See LAC 33:1X.2901; in some cases, modification or 

revocation and reissuance is mandatory.) 

A permit may be transferred by the permittee to a new owner or operator only if the permit has been 

modified or revoked and reissued (under LAC· 33:1X.2903. A.2.b), or a minor modification made (under LAC 33: IX.2905) to identify the new permittee and incorporate such other requirements as may be necessary 

under the Clean Water Act and the Louisiana Environmental Quality Act. 

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4. Monitoring Reports 

Monitoring results shall be reported at the intervals and in the form specified in Part I or Part II of this permit 

The permittee shall submit properly compleled Discharge Monitoring Reports (DMRs) on the form 

specified in the permil. Preprinted DMRs are provided to majors/92-500's and other designated 

facilities. Please contact the Permit Compliance Unit concerning preprints. Self-generated DMRs must · 

be pre-approved by the Permit Compliance Unit prior to submittal. Self-generated DMRs are approved 

on an individual basis. Requests for approval of self-generated DMRs should be submitted to: 

Supervisor, Permit Compliance Unit 

Office of Environmental Compliance 

Post Office Box 4312 

Baton Rouge, LA 70821-4312 

Copies of blank DMR templates, plus instructions for completing them, and EPA's LPDES Reporting 

Handbook are available at the department website located at: 

http://www.deg.louislana.gov/portai/Default.aspx?tabid=2276 

5. Compliance Schedules 

Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements 

contained in any compliance schedule of this permit shall be submitted no later than 14 days followin·g each 

schedule date. 

6. Requirements for Notification 

a. Emergency Notification 

As required by LAC 33.1.3915, in the event of an unauthorized discharge that does cause an emergency 

condition, the discharger shall notify the hotline (DPS 24-hour Louisiana Emergency Hazardous 

Materials Hotline) by telephone at (225) 925-6595 (collect calls accepted 24 hours a day) immediately (a 

reasonable period of time after taking prompt measures to determine the nature, quantity, and potential 

off-site impact of a release, considering the exigency of the circumstances), but in no case later than 

one hour after learning of the discharge. (An emergency condition is any condition which could 

reasonably be expected to endanger the health and safety of the .public, cause significant adverse 

impact to the land, water, or air environment, or cause severe damage to property.) Notification required 

by this section will be made regardless of the amount of discharge. Prompt Notification Procedures are 

listed in Section D.6.c. of these standard conditions. 

A written report shall be provided within seven calendar days after the notification. The report shall 

contain the information listed in Section D.6.d. of these standard conditions and any additional 

information in LAC 33:1.3.925.B. 

b. Prompt Notification 

As required by LAC 33:1.3917, in the event of an unauthorized discharge that exceeds a reportable 

quantity specified in LAC 33:1.Subchapter E, but does not cause an emergency condition, the discharger 

shall promptly notify the department within 24 hours after learning of the discharge. Notification should 

be made to the Office of Environmental Compliance, Surveillance Division Single Point of Contact 

(SPOC) in accordance with LAC 33:1.3923. · 

In accordance with LAC 33:1.3923, prompt notification shall be provided. within a time frame not to 

exceed 24 hours and· shall be given to the Office of Environmental Compliance, Surveillance Division 

Single Point of Contact (SPOC) as follows: · 

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(1) by the Online Incident Reporting screens found at 

http://www3.deq.louisiana.gov/surveillance/irf/forms/ ;or 
REVISED 4/25/07 Page 10 of 17 

(2) 

(3) 

by e-mail utilizing the Incident Report Form and instructions found at 

http://www.deq.louisiana.gov/portai/Default.aspx?tabid=279;or 

by telephone at (225) 219-3640 during office hours, or (225) 342-1234 after hours and 

on weekends and holidays. 

c. Content of Prompt Notifications. The following guidelines will be utilized as appropriate, based on the 

conditions and circumstances surrounding any unauthorized discharge, to provide relevant information 

regarding the nature of the discharge: . 

(1) the name of the person making the notification and the telephone number where ·any return calls 

from response agencies can be placed; 

(2) the name and location of the facility or site where the unauthorized discharge is imminent or has 

occurred, using common landmarks. In the event of an inc·tdent involving transport, include the 

name and address of the transporter and generator; 

(3) the date and time the incident began and ended, or the estimated time of continuation if the 

discharge is continuing; 

(4) the extent of any injuries and identification of any known personnel hazards that response agencies 

may·face; 

(5) the common or scientific chemical name, the U.S. Department of Transportation hazard 

classification, and the best estimate of amounts of any and all discharged pollutants; 

(6) a brief description of the incident sufficient to allow response agencies to formulate their level and 

extent of response activity. · 

d. Written Notification Procedures. Written reports for any unauthorized discharge that requires notification 

under Section D.6.a. or 6.b., or shall be submitted by the discharger to the Office of Environmental 

Compliance, Surveillance Division SPOC in accordance with LAC 33:1X.3925 within seven calendar 

days after the notification required by D.6.a. or 6.b., unless otherwise provided for in a valid permit or 

other department regulation. Written notification reports shall include, but ncit be limited to, the following 

information: 

(1) the name, address, telephone number, Agency Interest "(AI) number (number assigned by the 

department) if applicable, and any other applicable identification numbers of the person, company, 

or other party who is filing the written report, and specific identification that the report is the written 

follow-up report required by this section; 

(2) the time and date of prompt notification, the state official contacted when reporting, the name of 

person making that notification, and identification of the site or facility, vessel, transport vehicle, or 

storage area from which the unauthorized discharge occurred; 

(3) date(s), time(s), and duration of the unauthorized discharge and, if not corrected, the anticipated 

time it is expected to continue; 

(4) details of the circumstances (unauthorized discharge description and root cause) and events 

leading to any unauthorized discharge, including incidents of loss of sources of radiation, and if the 

release point is subject to a permit: 

(a) the current permitted limit for the pollutant(s) released;and 

(b) the permitted release poinVoutfall I D. 

(5) the common or scientific chemical name of each specific pollutant that was released as the result of 

an unauthorized discharge, including the CAS number and U.S. Department" of Transportation 

hazard classification, and the best estimate of amounts of any and all released pollutants (total 

amount of each compound expresse~ in pounds, including calculations): 

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(6) a statement of the actual or probable fate or disposition of the pollutant or source of radiation and 

what off-site impact resulted; 

(7) remedial actions taken, or to be taken, to stop unauthorized discharges or to recover pollutants or 

. sources of radiation. 

(8) Written notification reports shall be submitted to the Office of Environmental Compliance, 

Surveillance Division SPOC by mail or fax. The transmittal envelope and report or fax cover page 

and report should be clearly marked "UNAUTHORIZED DISCHARGE NOTIFICATION REPORT." 

Please see LAC 33:1.3925.8 for additional written notification procedures. 

e. Twenty-four Hour Reporting. The permittee shall report any noncompliance which may endanger human 

health or the environment. Any information shall be provided orally within 24 hours from the time the 

permittee becomes aware of the circumstances. A written ·submission shall also be provided within five 

days of the time the permittee becomes aware of the circumstances. The written submission shall 

contain a description of the noncompliance and its cause; the period of noncompliance, including exact 

dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to 

continue; and; steps taken . or planned to reduce, eliminate,· and prevent recurrence of the 

noncompliance. The following shall be included as information which must be reported within 24hours: 

(1) Any unanticipated bypass which exceeds any effluent limitation in the permit (see LAC 

33:1X.2701.M.3.b.); 

(2) Any upset which exceeds any effluent limitation in the permit; 

(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the state 

administrative authority in Part II of the permit to be reported within 24 hours (LAC 33:1X.2707.G.). 

7. Other Noncompliance 

The permittee shall report all instances of noncompliance not reported under Section D.4., 5., and 6., at the 

time monitoring reports are submitted . .The· reports shall contain the information listed in Section D.6.e. 

8. Other Information 

Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or 

submitted incorrect information in a permit application or in any report to the state administrative authority, it 

shall promptly submit such facts or information. 

· 9. Discharges of Toxic Substances 

In addition to the reporting requirements under Section D.1-8, all existing manufacturing, commercial, 

mining, and silvicultural dischargers must notify the Office of Environmental Services, Water Permits 

Division as soon as they know or have reason to believe: 

a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent 

basis, of any toxic pollutant: 

i. listed at LAC 33:1X.7107, Tables II and Ill (excluding Total Phenols) which is not limited in the 

permit, if that discharge will exceed the highest of the following notification levels: 

(1) One hundred micrograms per liter (100 ~gil); 

(2) Two hundred micrograms per liter (200 ~gil) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ~gil) for 2,4 -dinitro-phenol and for 2-methyl-~,6-dinitrophenol; and one 

milligram per liter (1 mgil) for antimony; · 

(3) Five (5) times the maximum concentration value reported for that pollutant in the permit 

application in accordance with LAC33:1X.2501.G.7; or 

(4) The level established by the state administrative authority in accordance with LAC 

33:1X.2707.F; or 

ii. which exceeds the reportable quantity levels for pollutants at LAC 33:1. Subchapter E. 

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b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or 

infrequent basis, of a toxic pollutant: 

i. listed at LAC 33:1X.7107, Tables II and Ill (excluding Total Phenols) which is not limited in the 

permit, if that discharge will exceed the highest of the following "notification levels": 

(1) Five hundred micrograms per liter (500 ~g/L); 

(2) One milligram per liter (1 mg/L) for antimony; 

(3) Ten (10) times the maximum concentration va.lue reported for that pollutant in the permit 

application in accordance with LAC 33:1X.2501.G.7; or 

(4) The level established by the state administrative authority in accordance with LAC 

33:1X.2707.F; or 

ii. which exceeds the reportable quantity levels for pollutants at LAC 33:1. Subchapter E. 

1 0. Signatory Requirements 

All applications, reports, or information submitted to the state administrative authority shall be signed and 

certified. 

a. All permit applications shall be signed as follows: 

(1) For a corporation - by a responsible corporate officer. For the purpose of this section, a 

responsible corporate officer means: 

(a) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal 

business function, or any other person who performs similar policy or decision making functions 

for the corporation; or, . · . 

(b) The manager of one or more manufacturing, production, or operating facilities, provided: the 

manager is authorized to make management decisions that govern the operation of the 

regulated facility, including having the explicit or implicit duty of making major capital investment 

recommendations and initiating and directing other comprehensive measures to ensure long 

term environmental compliance with environmental laws. and regulations; the manager can 

ensure that the necessary systems are established or actions taken to gather complete and 

accurate information for permit application requirements; and the authority to sign documents 

has been assigned or delegated to the manager in accordance with corporate procedures. 

NOTE: DEQ does not require specific assignments or delegations of authority to responsible corporate 

officers identified in Section D.10.a.(1)(a). The agency will presume that these responsible ccrporate 

officers have the requisite authority to sign permit applications ·unless the corporation has notified the 

state administrative authority to the contrary. Corporate procedures governing authority to sign permit 

applications may provide for assignment or delegation to applicable corporate positions under Section 

D.10.a.(1)(b) rather than to specific individuals. 

(2) For a partnership or sole proprietorship - by a general partner or the proprietor, respectively; or 

(3) For a municipality, state, federal. or other public agency - by either a principal executive officer or 

ranking elected official. For purposes of this section, a principal executive officer of a federal 

agency includes: 

(a) The chief executive officer of the agency, or 

(b) A senior executive officer having responsibility for the overall operations of a principal 

geographic unit of the agency (e.g., Regional Administrators of EPA). · 

b. All reports required by permits and other information requested by the state administrative authority shall 

be signed by a person described in Section D.10.a., or by ·a duly authorized representative of that 

person. A person is a duly authorized representative only if: 

(1) The authorization is made in writing by a person described in Section D.10.a. of these standard 

conditions; 

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(2) The authorization specifies either an individual or .a position having responsibility for the overall 

operation of the regulated facility or activity such as the position of plant manager, operator of a 

well or a well field, superintendent, position of equivalent responsibility, or an individual or position 

having overall responsibility for environmental matters for the company, (a duly authorized 

representative may thus be either a named individual or an individual occupying a named position; 

and, 

(3) The written authorization is submitted to the state administrative authority. 

c. Changes to authorization. If an authorization under Section D.10.b. is no longer accurate because a 

different individual or position has responsibility for the overall operation of the facility, a new 

authorization satisfying the requirements of Section D.1 O.b. must be submitted to the state 

administrative authority prior to or together with any reports, information, or applications to be signed by 

an authorized representative. 

d. Certification. Any person signing a document under Section D.10. a. or b. above, shall make the 

following certification: · 

"I certify under penalty of law thaf this document and all attachments were prepared under my direction 

or supervision in accordance with a system designed to assure that qualified personnel properly gather 

and evaluate the information submitted. Based on my inquiry of the person or persons who manage the 

system, or those persons directly responsible for gathering the information, the information submitted is, 

to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are 

significant penalties for submitting false information, including the possibility of fine and imprisonment for 

knowing violations." 

11. Availability of Reports 

All recorded information (completed permit application forms, fact sheets, draft permits, or any public 

document) not classified as confidential information under R.S. 30:2030(A) and 30:207 4(D) and designated 

as such in accordance with these regulations (LAC 33:1X.2323 and LAC 33:1X.6503) shall be made available 

to the public for inspection and copying during normal working hours in accordance with the Public Records 

Act, R.S. 44:1 et seq. · 

Claims of confidentiality for the following will be denied: 

a. The· name and address of any permit applicant or permittee; 

b. Permit applications, permits, and effluent data. 

c. Information required by LPDES application forms provided by the state administrative authority urider 

LAC 33:1X.2501 may not be claimed confidential. This includes information submitted on the forms 

themselves and any attachments used to supply information required by the forms. 

SECTION E. PENAL TIES FOR VIOLATIONS OF PERMIT CONDITION 

1. Criminal 

a. Negligent Violations 

The louisiana Revised Statutes LA. R. S. 30:2076.2 provides that any person who negligently violates 

any provision of the LPDES, or any order issued by the secretary under the LPDES, or any permit 

condition or limitation implementing any such provision in a permit issued under the LPDES by the 

secretary, or any requirement imposed in a pretreatment program approved under the.LPDES is subject 

to a fine of not tess than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not 

more than 1 year, or both. If a conviction of a person is for a violation committed after a first conviction 

of such person, he shall be subject to a fine of not more than $50,000 per day of violation, or 

imprisonment of not more than two years, or both. 

b. Knowing Violations 

The louisiana Revised Statutes LA. R. S. 30:2076.2 provides that any person who knowingly violates 

any provision of the LPDES, or any permit condition or limitation implementing any such provisions in a 

permit issued under the LPDES, or any requirement imposed in a pretreatment program approved under 

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the LPDES is subject to a fine of not less than $5,000 nor more lhan $50,000 per day of violation, or 

imprisonment for not more than 3 years, or both. If a conviction of a person is for a violation committed 

. after a first conviction or" such person, he shall be subject to a fine of not more than $100,000 per day of· 

violation, or imprisonment of not more than six years, or both. 

c. Knowing Endangerment 

The Louisiana Revised Statutes LA R. S. 30:2076.2 provides that any person who knowingly violates 

any provision of the LPDES, .or any order issued by the secretary under the LPDES, or any permit 

condition or limitation implementing any of such provisions in a permit issued under the LPDES by the 

secretary; and who knows at that time that he thereby places another person in imminent danger of 

death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000, or 

by imprisonment for not more than 15 years, or both. A person which is an organization shall, upon 

conviction of violating this Paragraph, be subject to a fine of not more than one million dollars. . If a 

conviction of a person is for a violation committed after a first conviction' of such person under this 

Paragraph, the maximum punishment shall be doubled with respect to both fine and imprisonment. 

d. False Statements· 

The Louisiana Revised Statutes LA. R. S. 30:2076.2 provides that any person who knowingly makes 

any false material statement, representation, or certification in any application, record, report, plan, or 

other document filed or required to be maintained under the LPDES or who knowingly falsifies, tampers 

with, or renders inaccurate, any monitoring device or method required to be maintained under the 

LPDES, shall, upon conviction, be subject to a fine of not more than $10,000, or imprisonment tor not 

more than 2 years, or both. If a conviction of a person is for a violation committed after a first conviction 

of such person under this Subsection, he shall be subject to a fine of not more than $20,000 per day of 

violation, or imprisonment of not more than 4 years, or both. · 

2. Civil Penalties 

The Louisiana Revised Statutes LA. R. S. 30:2025 provides that any person found to be in violation of any 

requirement of this Subtitle may be liable for a civil penalty, to be assessed by the secretary, an assistant 

secretary, or the court, of not more than the cost to the state of any response action made necessary by 

such violation which is not voluntarily paid by the violator, and a penalty of not more than $32,500 for each 

day of violation. However, when any such violation is done intentionally, willfully, or knowingly, or results in 

a discharge or disposal which causes irreparable or severe damage to the environment or if the substance 

discharged is one which endangers human life or health, such person may be liable for an additional penalty 

of not more than one million dollars. · 

(PLEASE NOTE: ·These penalties are listed in their entirety in Subtitle II of Title 30 of the Louisiana Revised 

Statutes.) 

SECTION F. DEFINITIONS 

All definitions contained in Section 502 of the Clean Water Act shall apply to this permit and are incorporated 

herein by reference. Additional definitions of words or phrases used in this permit are as follows: 

1. Clean Water Act (CWA) means the Clean Water Act (formerly referred to as the Federal Water Pollution 

Control Act or the Federal Water Pollution Control Act Amendments of 1972) Pub.L.92-500, as amended by 

Pub.L. 95-217, Pub.L. 95-576, Pub.L. 96-483 and Pub.L. 97-117, 33 U.S.C. 1251 et. seq.). 

2: Accreditation means the formal recognition by the department of a laboratory's competence wherein specific 

tests or types of tests can be accurately and successfully performed in compliance with all minimum 

requirements set forth in the regulations regarding laboratory accreditation. 

3. Administrator means the Administrator of the U.S. Environmental Protection Agency, or an authorized 

representative. 

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4. Applicable Standards and Limitations means all state, interstate and federal standards and limitations to 

which a discharge is subject under the Clean Water Act, including, effluent limitations, water quality 

standards of performance, toxic effluent standards or prohibitions, best management practices, and 

pretreatment standards under Sections 301, 302, 303, 304, 306, 307, 308 and 403. 

5. Applicable water quality standards means all water quality standards to which a discharge is subject under 

the Clean Water Act. 

6. Commercial Laboratory means any laboratory, wherever located, that performs analyses or tests for third 

parties for a fee or other compensation and provides chemical analyses, analy1ical results, or other test data 

to the department. The term commercial laboratory does not include laboratories accredited by the 

Louisiana Department of Health and Hospitals in accordance with R.S.49:1001 et seq. 

7. Daily Discharge means the discharge of a pollutant measured during a calendar day or any 24-hour period 

that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations 

expressed in terms of mass, the daily discharge is calculated as the total mass of the pollutant discharged 

over the sampling day. For pollutants with limitations expressed in other units of measurement, the daily 

discharge is calculated as the average measurement of the pollutant over the sampling day. Daily 

discharge determination of concentration made using a composite sample shall be the concentration· of the 

composite sample. 

8. Daily Maximum discharge limitation means the highest allowable "daily discharge". 

9. Director means the U.S. Environmental Protection Agency Regional Administrator, or the state 

administrative authority, or an authorized representative. 

1 o. Domestic septage means either liquid or solid material removed from a septic tank, cesspool, portable toilet, 

Type Ill marine sanitation device, or. similar treatment works that receives only domestic sewage. Domestic 

septage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment 

works that receives either commercial wastewater or industrial wastewater and does not include grease 

removed from grease trap at a restaurant. · · 

11. Domestic sewage means waste and wastewater from humans, or household operations that is discharged to 

or otherwise enters a treatment works. · · : 

12. Environmental Protection Agency or (EPA\ means the U.S. Environmental Protection Agency. 

13. Grab sample means an individual sample collected over a period of time not exceeding 15 minutes, unless 

more time is needed to collect an adequate sample, and is representative of the discharge. 

14. Industrial user means a nondomestic discharger, as identified in 40 CFR 403, introducing pollutants to a 

publicly owned treatment works. 

15. LEQA means the Louisiana Environmental Quality Act. 

16. Louisiana Pollutant Discha.rge Elimination System ILPDESl means those portions of the Louisiana 

Environmental Quality Act and the Louisiana Water Control Law and all regulations promulgated under their 

authority which are deemed equivalent to the National Pollutant Discharge Elimination System (NPDES) 

under the Clean Water Act in accordance with Section 402 of the Cleari Water Act and all applicable federal 

regulations. · 

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17. Monthly Average, other than for fecal coliform bacteria, discharge limitations are calculated as the sum of all 

"daily discharge(s)" measured during a calendar month divided by the number of "daily discharge(s)" 

measured during that month. When the permit establishes monthly average concentration effluent 

limitations or conditions, and flow is measured as continuous record or with a totalizer, the monthly average 

concentration means the arithmetic average (weighted by flow) of all "daily discharge(s)" of concentration 

determined during the calendar month where C = daily discharge concentration, F = _daily flow and n = 

number of daily samples; monthly average discharge= 

C,F, + C2F2 + ... + C,F, 

F1 + F2 + ... + F, 

When the permit establishes monthly average concentration effluent limitations or conditions, and the flow 

is not measured as a continuous record, then the monthly average concentration means the arithmetic 

average of all "daily discharge(s)" of concentration determined during the.calenqar month. 

The monthly average for fecal coliform bacteria is the geometric mean of the values for all effluent samples 

collected during a calendar month. 

18. National Pollutant Discharge Elimination System (NPDESl means the national program for issuing, 

modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing· and 

enforcing pretreatment requirements, under Sections 307, 318,402, and 405 of the Clean Water Act. 

19. Severe property damage means substantial physical damage to property, damage to the treatment facilities 

that causes them to become inoperable, or substantial and permanent loss of natural resources that can 

reasonably be expected to occur in the absence of a bypass .. Severe property damage does not mean 

economic loss caused by delays in production. 

20. Sewage sludge means a solid, semi-solid, or liquid residue generated during the treatment of domestic 

sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or 

solids removed in primary, secondary, or advanced wastewater treatment processes; portable toilet 

pumpings, type Ill marine sanitation device pumpings (33 CFR part 159); and a material derived from 

sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a 

sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic 

sewage in a treatment works. 

21. Treatment works means any devices and systems used in the storage, treatment, recycling and reclamation 

of municipal sewage and industrial wastes of a liquid nature to implement Section 201 of the Clean Water 

Act, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, 

including intercepting sewers, sewage collection syste.ms, pumping, power and other equipment, and their 

appurtenances, extension, improvement, remodeling, additions, and alterations thereof. (See Part 212 of the 

Clean Water Act) 

22. For fecal coliform bacteria, a sample consists of one effluent grab portion collected during a 24-hour period 

at peak loads. 

23.The term MGD shall mean million gallons per day. 

24.The term mg/L shall.mean milligrams per liter or parts per million (ppm). 

25.The term J!9Lb shall mean micrograms per liter or parts per billion (ppb).· 

26.The term ng/L shall mean nanograms per liter or parts per trillion (ppt). 

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27. Weekly average, ·ather than for fecal coliform bacteria, is the highest allowable arithmetic mean of the daily 

discharges over a calendar week, calculated as the sum of all "daily discharge(s)" measured during a 

calendar week divided by the number of "daily discharge(s)' measured during that week. When the permit 

establishes weekly average concentration effluent limitations ·or conditions, and flow is 'measured as 

continuous record or with a totalizer, the weekly average concentration means the arithmetic average 

(we.ighted by flow) of all "daily discharge(s)" of concentration determined during the calendar week where C 

= daily discharge concentration, F = daily flow and n = number of daily samples; weekly average discharge 

= C,F, + C,F, + ... + C,F, 

Ft + F2 + ... + Fn 

When the permit establishes weekly average concentration effluent limitations or conditions, and the flow is 

not measured as a continuous record, then the weekly average concentration rrieans the arithmetic average 

of all "daily discharge(s)" of concentration determined during the calendar week. · 

The weekly average for fecal coliform bacteria is the geometric mean of the values for all effluent samples 

collected during a calendar week. 

28. Sanitary Wastewater Term(s): 

a. 3-hour composite sample consists of three effluent portions collected no closer together than one hour 

(with the first portion collected no earlier than 10:00 a.m.) over the 3-h.our period and composited 

according to flow, or a sample continuously collected in proportion to flow over the 3-hour period. 

b. 6-hour composite sample consists of six effluent portions collected no closer together than one hour 

(with the first portion collected no eartier than 10:00 a.m.) over the 6-hour period and composited 

according to flow, or a sample continuously collected· in proportion to flow over the 6-hour period. 

c.12-hour composite sample consists of 12 effluent portions collected no closer together than one hour 

over the 12-hour period and composited according to flow, or a sample continuously collected in 

proportion to flow over the 12-hour period. The daily sampling intervals shall include the highest flow 

periods. 

d. 24-hour composite sample consists of a minimum of 12 effluent portions collected at equal time 

intervals over the 24-hour period and combined proportional to flow or a sample continuously collected 

in proportion to flow over the 24-hour period. 

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