reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10541 - Application for a Grant or Loan

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  person may apply for a grant or loan from the waste tire management fund by
				  making application to the Department of Environmental Quality, Office of
				  Management and Finance. The grant or loan application must be submitted on a
				  form obtained from the department, which shall be available on the departments
				  website. Along with this form, the request for a grant or loan must include
				  information on the following non-exclusive items:
1. a detailed description of the project for
				  which the grant or loan is requested and how the project meets the requirements
				  of LAC 33:VII.10539;
2. the amount
				  of the grant or loan request;
3.
				  the projected time frame for completion of the project for which the grant or
				  loan is requested;
4. an analysis
				  of how the grant or loan monies will be used to encourage market research and
				  the development of products from waste tires that are marketable and that
				  provide a beneficial use, and/or provide for the promotion of those waste tire
				  products that have beneficial use;
5. a detailed explanation of how the grantee
				  will account for the use of the grant or loan funds;
6. procedures for reporting to the department
				  on an annual basis the status of the project. The department may require
				  additional reporting;
7. how the
				  recipient will provide for any permits that may be necessary in order for the
				  project to be completed, and the status of the applicants efforts to obtain the
				  necessary permits; and
8. any other
				  information deemed necessary by the department.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10543 - Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure to
				  Comply. The grantee shall comply with all provisions of the grant agreement or
				  loan agreement. In the event of a violation, the administrative authority may
				  take any enforcement action authorized by the Act, including but not limited
				  to:
1. issuance of a compliance
				  order;
2. issuance of a notice of
				  potential penalty and/or a penalty;
3. filing suit for recovery of the grant or
				  loan amounts; or
4. the placing of
				  a lien on any real property of the grantee for the amount of the grant or loan
				  funds.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 111 - Appendices › Section VII-11101 - Public Notice Example-Appendix A

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following is an example of a public
				  notice to be placed in the local newspaper for intention to submit a permit
				  application to the Office of Environmental Services for existing/proposed waste
				  tire processing facilities and collection centers.
PUBLIC NOTICE OF INTENT TO SUBMIT PERMIT
					 APPLICATION
[NAME OF APPLICANT/FACILITY]
FACILITY [location], PARISH [location], LOUISIANA
Notice is hereby given that [name of applicant] does intend
					 to submit to the Department of Environmental Quality, Office of Environmental
					 Services, Waste Permits Division an application for a permit to operate a
					 [Waste Tire Processing/Waste Tire Collection Center] in [parish name], which is
					 approximately [identify the physical location of the site by direction and
					 distance from the nearest town].
Comments concerning the facility may be filed with the
					 secretary of the Louisiana Department of Environmental Quality at the following
					 address:
Louisiana Department of Environmental Quality
Office of Environmental Services
Waste Permits Division
Post Office Box 4313
Baton Rouge, Louisiana 70821-4313
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:2411-2422.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 1 - General Provisions › Section IX-101 - Scope and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  regulations establish requirements and procedures for permitting, enforcement,
				  monitoring, and surveillance, and spill control activities of the Department of
				  Environmental Quality.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 1 - General Provisions › Section IX-103 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  regulations are promulgated under authority of the Louisiana Environmental
				  Quality Act (R.S.
				  30:2001 et seq.) by order of the Secretary of
				  the Department of Environmental Quality.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 1 - General Provisions › Section IX-105 - Repeals

Current through Register Vol. 50, No. 6, June 20, 2024
These regulations replace in their entirety the following
					 rules, regulations, and/or orders.
A.
				  "A Regulation Requiring the Submission of Reports for the Discharge of
				  Industrial Waste and for the Construction or Alteration of Treatment Works"-
				  adopted August 1, 1951.
B. "Rule
				  Relative to Effluent Limitations on Process Generated Wastewater and Mine
				  Dewatering Discharges Associated with Extraction of Sand and/or Gravel"-
				  effective February 20, 1979.
C.
				  "Rule Relative to Discharges Associated with Extraction of Sand and/or Gravel"-
				  effective July 1, 1978.
D. "Order
				  Relative to the Discharge of Wastes From Sugar Mills"- effective September 1,
				  1955.
E. "Proposed Effluent
				  Limitations Guidelines for Sugar Processing Industries, Both Raw Cane Sugar
				  Processing and Cane Sugar Refining"- never formally adopted; public meeting to
				  consider these guidelines was held on July 22, 1975.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 1 - General Provisions › Section IX-109 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any
				  provisions of these rules and regulations or the application thereof to any
				  person or circumstance is held invalid, such invalidity shall not affect other
				  provisions or applications which can be given effect without the invalid
				  provision or application; and, to this end, provisions of these rules and
				  regulations are declared to be severable.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 1 - General Provisions › Section IX-111 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
				  regulations shall be in full force and effective as of the date of their
				  promulgation except where specifically exempted within the text of these
				  chapters.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 3 - Permits › Subchapter A - General Requirements › Section IX-301 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
					 prescribes procedures and guidelines for implementation and operation of the
					 Louisiana Water Discharge Permit System (LWDPS).
B. Without first obtaining a LWDPS permit
					 from the department (with the exceptions noted in LAC 33:IX.301.D and F below),
					 no person shall:
1. discharge or allow to be
					 discharged any pollutants into the waters of the state from any facility or
					 activity;
2. construct any new
					 facility or undertake a new activity, the operation or conduct of which would
					 result in a discharge into the waters of the state;
3. construct, install, operate, or alter any
					 facility or activity or any extension or modification thereof or addition
					 thereto, the operation or conduct of which would cause increases in the
					 quantity or degradation in the quality of the discharge of pollutants into the
					 waters of the state or which would otherwise alter the physical, chemical, or
					 biological properties of any waters of the state in any manner not already
					 lawfully authorized;
4. construct
					 or use any new outlet for the discharge of any pollutants into the waters of
					 the state.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 3 - Permits › Subchapter A - General Requirements › Section IX-305 - Permit Limitations and Other Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
In general, the limitations imposed on discharges shall
						be those indicated by the appropriate effluent limitations or standards. All
						permits must contain effluent limitations requiring control and treatment
						equivalent to secondary treatment, best practicable control technology
						currently available (BPT), best conventional technology (BCT) for conventional
						pollutants, and/or best available control technology economically achievable
						(BAT) for nonconventional or toxic pollutants. However, the permitting
						authority may impose different or more stringent limitations in accordance with
						the following.
A. More stringent or
					 seasonally variable effluent limitations or New Source Performance (NSP)
					 standards may be imposed when they are necessary to assure compliance with
					 water quality standards for the receiving water bodies.
B. More stringent or seasonally variable
					 effluent limitations or New Source Performance (NSP) standards may be imposed
					 when so indicated by levels of treatment or wasteload allocations contained in
					 approved basin plans.
C. In the
					 absence of applicable effluent limitations or standards the discharge
					 limitations shall be based on the best professional judgement (BPJ) of the
					 permitting authority. In the exercise of best professional judgement the
					 permitting authority shall consider:
1. the
					 raw materials and processes involved;
2. the potential for waste generation of such
					 materials and processes;
3.
					 applicable in-plant and end-of-pipe treatment and control;
4. the levels of reduction of pollutants
					 attainable by various treatment and control measures;
5. other pertinent factors such as
					 non-water-quality environmental impacts and costs of treatment and control;
					 and
6. potential impacts upon the
					 receiving water body as indicated by predictive mathematical water quality
					 models, biological toxicity tests, and/or other environmental assessment
					 techniques currently in use, established or recognized by relevant
					 environmental scientific disciplines.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 3 - Permits › Subchapter A - General Requirements › Section IX-309 - Renewal and Termination

Current through Register Vol. 50, No. 6, June 20, 2024
A. At least
					 180 days prior to the expiration date of a LWDPS permit issued pursuant to
					 state law and this regulation, a permittee who wishes to continue to operate
					 under such permit shall submit an application for renewal to the Office of
					 Environmental Services.
B. After
					 receipt of an application for renewal of a LWDPS permit by a permittee, the
					 department shall review the application and before issuing a draft permit shall
					 be assured that:
1. the permittee is in
					 compliance with or has substantially complied with the terms, conditions,
					 requirements, and schedules for compliance of the existing permit;
2. the department has up-to-date information
					 on the permittee's production levels, waste treatment practices and the nature,
					 contents and frequency of the permittee's discharge; and
3. the discharge is consistent with
					 applicable effluent standards and limitations, water quality standards, and
					 other applicable requirements, including any additions to, or revisions or
					 modifications of the effluent standards and limitations, water quality
					 standards or other applicable requirements.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 3 - Permits › Subchapter A - General Requirements › Section IX-311 - Standard Permit Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
In addition to the following standard conditions
						required in all permits, the department shall establish additional requirements
						as deemed necessary on a case-by-case basis, to provide for and ensure
						compliance with all applicable requirements of the act, these regulations, and
						constitutional and statutory mandates.
A. Violations. The permittee shall comply
					 with all conditions of the permit. No pollutant shall be discharged more
					 frequently or in greater amounts than authorized by the permit. The permit does
					 not in any way authorize the permittee to discharge a pollutant not listed or
					 quantified in the application or limited or monitored for in the permit. The
					 discharge of any pollutant not specifically authorized by a permit, or these
					 regulations, or that was not specifically listed as a component of the
					 discharge in the permit application may be considered a violation of the act.
					 The discharge of any pollutant in quantities exceeding permitted limits or a
					 discharge from a source or at a location not authorized by a permit shall be a
					 violation of the act. Any permit noncompliance constitutes a violation of the
					 act and is grounds for:
1. enforcement action
					 under the act;
2. permit
					 termination, revocation and reissuance, or modification; or
3. denial of a permit renewal.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 3 - Permits › Subchapter A - General Requirements › Section IX-313 - Fact Sheets

Current through Register Vol. 50, No. 6, June 20, 2024
A. The fact
					 sheet shall briefly set forth the principal facts considered in preparing the
					 draft permit. The department shall send this fact sheet to the applicant and,
					 on request, to any other interested party. A fact sheet shall be prepared for
					 every:
1. draft permit for a major facility
					 or activity;
2. general
					 permit;
3. draft permit which the
					 department determines is the subject of widespread public interest or raises
					 major issues.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 3 - Permits › Subchapter A - General Requirements › Section IX-315 - Public Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. A public
					 notice shall be issued for every draft permit generated by the department, and
					 it shall contain:
1. the name of the
					 applicant and the location of the facility or activity;
2. a concise description of the applicant's
					 activities and operations which result in the discharge identified in the
					 permit application;
3. the name of
					 the waterway to which the discharge is made, or is proposed to be
					 made;
4. a statement of the
					 tentative determination to issue or deny the permit for the discharge
					 identified in the application;
5. a
					 concise description of the procedures for the formulation of final
					 determinations including information on the comment period prescribed in LAC
					 33:IX.315.D or other means by which interested persons may comment on the
					 tentative determinations; and
6.
					 the address and telephone number of the office where more information on the
					 application may be obtained or where copies of the draft permit and fact sheet
					 (where applicable) may be inspected or copied subject to the rules in LAC
					 33:IX.315.F.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 3 - Permits › Subchapter A - General Requirements › Section IX-317 - Special Permits/Programs

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 General Permits
1. The department may issue
					 general permits for certain categories of minor facilities or activities where
					 individual permits are not necessary in order to adequately protect the
					 environment or the public health. Before a general permit is issued the
					 following conditions must be met:
a. there
					 must be several minor sources or activities which involve the same or
					 substantially similar types of operations;
b. these facilities or activities discharge
					 or dispose of the same or similar types of wastes;
c. the same or similar monitoring
					 requirements, effluent limitations and operating conditions apply to these
					 facilities or activities; and
d.
					 these facilities or activities would be more appropriately controlled under a
					 general permit than under individual permits.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 3 - Permits › Subchapter B - Appendices › Section IX-319 - Appendix A-Primary Industry Categories

Current through Register Vol. 50, No. 6, June 20, 2024
Adhesives and Sealants
Aluminum Forming
Auto and Other Laundries
Battery Manufacturing
Coal Mining
Coil Coating
Copper Forming
Electrical and Electronic Components
Electroplating
Explosives Manufacturing
Foundries
Gum and Wood Chemicals
Inorganic Chemicals Manufacturing
Iron and Steel Manufacturing
Leather Tanning and Finishing
Mechanical Products Manufacturing
Nonferrous Metals Manufacturing
Paint and Ink Formulation
Pesticides
Petroleum Refining
Pharmaceutical Preparations
Photographic Equipment and Supplies
Plastics Processing
Plastic and Synthetic Materials Manufacturing
Porcelain Enameling
Printing and Publishing
Pulp and Paper Mills
Rubber Processing
Soap and Detergent Manufacturing
Steam Electric Power Plants
Textile Mills
Timber Products Processing
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2001 et seq., and in particular Section
						2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 3 - Permits › Subchapter B - Appendices › Section IX-321 - Appendix B-Criteria for Determining a Concentrated Animal Feeding Operation

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
					 animal feeding operation is a concentrated animal feeding operation for
					 purposes of LAC 33:IX.301.J if either of the following criteria are met:
1. more than the numbers of animals specified
					 in any of the following categories are confined:
a. 1,000 slaughter and feeder
					 cattle;
b. 700 mature dairy cattle
					 (whether milked or dry cows);
c.
					 2,500 swine each weighing over 25 kilograms (approximately 55
					 pounds);
d. 500 horses;
e. 10,000 sheep or lambs;
f. 55,000 turkeys;
g. 100,000 laying hens or broilers (if the
					 facility has continuous overflow watering);
h. 30,000 laying hens or broilers (if the
					 facility has a liquid manure system);
i. 5,000 ducks; or
j. 1,000 animal units; or
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 3 - Permits › Subchapter B - Appendices › Section IX-323 - Appendix C-Criteria for Determining a Concentrated Aquatic Animal Production Facility

Current through Register Vol. 50, No. 6, June 20, 2024
A. A hatchery,
					 fish farm, or other facility is a concentrated aquatic animal production
					 facility for purposes of LAC 33:IX.301.K if it contains, grows, or holds
					 aquatic animals in either of the following operations:
1. cold water fish species or other cold
					 water aquatic animals in ponds, raceways, or other similar structures which
					 discharge at least 30 days per year but does not include:
a. facilities which produce less than 9,090
					 harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per
					 year; and
b. facilities which feed
					 less than 2,272 kilograms (approximately 5,000 pounds) of food during the
					 calendar month of maximum feeding;
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 5 - Enforcement › Section IX-501 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure to
				  comply with any of the provisions of these regulations or of the terms and
				  conditions of any permit granted or order issued hereunder constitutes a
				  violation of the act.
B. Actual or
				  potential economic losses resulting from the necessity to halt or reduce a
				  permitted activity in order to maintain compliance with the conditions of a
				  permit shall not be a defense for a permittee in any enforcement
				  action.
C. The discharge of any
				  pollutant not specifically authorized by a permit, or these regulations, or
				  that was not specifically listed as a component of the discharge in the permit
				  application may be considered a violation of the act.
D. The discharge of any pollutant in
				  quantities exceeding permitted limits or a discharge from a source or at a
				  location not authorized by a permit shall be a violation of the act.
E. Upon delegation of the NPDES program, the
				  department shall notify the regional administrator of NPDES permit violations
				  and of the means by which the department proposes to correct or require the
				  correction of such violations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 5 - Enforcement › Section IX-503 - Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person may
				  file an oral or written complaint concerning an alleged violation or
				  environmental problem with the Office of Environmental Compliance in the manner
				  provided in LAC 33:I.3923. The complainant may remain anonymous, if desired,
				  and such a request for anonymity shall not be considered as a prejudicial
				  factor in evaluation of the appropriate response to the complaint.
B. All complaints or other information
				  concerning a violation shall be investigated as expeditiously as possible
				  except in the following cases:
1. when the
				  department has reason to believe, due to prior investigation or personal
				  knowledge by the staff of the situation, that the complaint is
				  spurious;
2. when the department
				  has previously investigated the situation described in the complaint and, in
				  the judgment of the staff, additional investigation is unwarranted;
				  or
3. when a minor violation of a
				  permitted discharge limit is reported by the permittee that does not pose a
				  threat to the environment or public health. However, all reports of such
				  violations shall be placed in the permittee's files and reviewed periodically
				  for possible enforcement action.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 5 - Enforcement › Section IX-505 - Administrative Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Administrative enforcement consists of procedures and actions which are
				  initiated, decided, and enforced by the administrative authority, outside of
				  civil or criminal actions in the courts. Upon receipt of information or a
				  report of investigation that substantiates a violation, the administrative
				  authority may commence enforcement proceedings under the act.
B. Enforcement Actions
1. Upon a determination that a violation of
				  the act or rules has occurred or is about to occur, the administrative
				  authority may initiate one or more of the actions set forth in
				  R.S.
				  30:2025.
2. Termination, Modification, or Revocation
				  and Reissuance of Permits
a. The
				  administrative authority may for cause terminate, modify, or revoke and reissue
				  any permit issued or continued under the authority of the act or these
				  regulations. Prior to taking such action the administrative authority shall
				  notify the permittee by personal service, or by certified mail, return receipt
				  requested, of the proposed action and the facts or circumstances which warrant
				  it and shall provide an opportunity for the permittee to show cause why the
				  permit should not be terminated, revoked and reissued, or modified.
b. Prior notification of the termination,
				  revocation and reissuance, or modification of a permit shall not be required in
				  the following cases:
i. the administrative
				  authority finds that immediate action is required to protect public health,
				  safety or welfare or to prevent severe environmental damage;
ii. the action taken was initiated at the
				  request of the permittee;
iii. a
				  civil penalty may be assessed according to the provisions of the act for each
				  day of violation of the act or these regulations and for each day of continued
				  violation or noncompliance resulting from failure to take corrective action
				  within the time specified in a Compliance Order or Emergency Cease and Desist
				  Order.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 5 - Enforcement › Section IX-507 - Civil and Criminal Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The administrative authority may file any civil action necessary in an
				  appropriate court to enforce the provisions of the act and these regulations
				  including, but not limited to, assessment or collection of penalties, recovery
				  of damages, and enforcement of an order, permit or license. In such suits the
				  administrative authority shall be represented by the attorney general and the
				  department shall immediately compile and transmit to the attorney general all
				  information and reports in the department records necessary for evaluation and
				  preparation of suit.
B. At any time
				  the administrative authority determines that a criminal violation of the act
				  may have occurred, it shall notify the district attorney for the appropriate
				  jurisdiction. The department shall thereafter provide the district attorney
				  with all factual and technical information necessary for evaluation of the
				  violations. Failure of the district attorney to initiate prosecution after
				  notification by the administrative authority shall not preclude appropriate
				  enforcement action by the administrative authority.
C. Upon institution of any civil suit by the
				  administrative authority through the attorney general or upon institution by
				  any district attorney of any criminal proceeding for a violation under the act
				  or rules, the department shall fully cooperate in, and provide appropriate
				  technical and legal assistance for the prosecution of such actions.
D. The assessment of penalties will be in
				  accordance with
				  R.S. 30:2025(E)(3) and
				  (4) with consideration for the fair and
				  equitable treatment of the regulated community. Additional factors which may be
				  considered include the gravity of the offense, the economic benefit of
				  noncompliance, the standard of care by the operator, the size and toxicity of
				  the discharge, the degree of damages incurred, the ability to pay, and any
				  mitigating efforts by the discharger.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 7 - Effluent Standards › Section IX-701 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this Chapter is to establish a list of categories and classes of discharges for
				  which effluent limitations, standards of performance, pretreatment standards,
				  standards for toxic substances, and other standards have been or are to be
				  established; and to set forth general terms for the application of such
				  limitations and standards to the control of wastewater discharges through the
				  Louisiana Water Discharge Permit System (LWDPS).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 7 - Effluent Standards › Section IX-703 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  categories and classes of discharges are covered by this Chapter.
Sand and Gravel Extraction
LAC 33:IX.705
Sugar Processing
LAC 33:IX.707
Exploration for and Production of Oil and Natural
								Gas
LAC 33:IX.708
Miscellaneous Small Dischargers
LAC 33:IX.709
Secondary Treatment for Sanitary Sewage
LAC 33:IX.711
Chlorine-Bleaching Pulp and Paper Mill Dischargers
LAC 33:IX.713
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 7 - Effluent Standards › Section IX-709 - Miscellaneous Small Dischargers

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicability. The provisions of this Part are applicable to discharge of
				  wastewater pollutants or pollutant properties from the categories of small
				  dischargers or facilities set forth herein and represent all levels of
				  pollution control, including the best practicable control technology currently
				  available, the best conventional pollutant control technology, the best
				  available technology economically achievable, and standards of performance for
				  new sources.
B. Sanitary and
				  Domestic Waste Discharges with an Average Daily Flow of Less than 2,500 Gallons
				  per Day
1. Waste discharges and their
				  associated control facilities shall comply with all requirements of the state
				  and local health authorities.
2.
				  Waste discharges shall not exceed the following daily maximum concentration
				  limitations:
a. five day biochemical oxygen
				  demand-maximum concentration allowed in accordance with Secondary Treatment
				  Effluent Standards (LAC 33:IX.711);
b. total suspended solids-maximum
				  concentration allowed in accordance with Secondary Treatment Effluent Standards
				  (LAC 33:IX.711);
c. oil and
				  grease-20 mg/L.
3.
				  Discharges within 1 mile of waters designated for primary contact recreation
				  use shall not exceed a maximum fecal coliform organisms concentration of
				  400/100 mL.
4. Discharges within 2
				  miles of shellfish propagation areas shall not exceed a maximum fecal coliform
				  organisms concentration of 200/100 mL.
5. When a discharge, or group of discharges,
				  results in a violation of water quality standards, the department reserves the
				  right to impose more stringent requirements.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 7 - Effluent Standards › Section IX-711 - Secondary Treatment for Sanitary Sewage

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability. This Section provides
				  information on the level of effluent quality attainable through the application
				  of secondary or equivalent treatment.
B. Definitions. The following definitions are
				  applicable to terms used in this Section. Definitions of other terms and
				  meanings of abbreviations are set forth in LAC 33:IX.107.
BOD5- the five day measure of the
					 pollutant parameter biochemical oxygen demand.
CBOD5-the five day measure of the
					 pollutant parameter carbonaceous biochemical oxygen demand.
C. Secondary Treatment for Sanitary Sewage.
				  The following paragraphs describe the minimum level of effluent quality
				  attainable by secondary treatment in terms of BOD5, TSS,
				  and pH.
1. BOD5
a. The 30-day average shall not exceed 30
				  mg/L.
b. The 7-day average shall
				  not exceed 45 mg/L.
c. The 30-day
				  average percent removal shall not be less than 85 percent.
d. At the option of the administrative
				  authority, in lieu of the parameter BOD5, the parameter
				  CBOD5 may be substituted with the following levels of
				  the CBOD5 effluent quality provided:
i. the 30-day average shall not exceed 25
				  mg/L;
ii. the 7-day average shall
				  not exceed 40 mg/L;
iii. the 30-day
				  average percent removal shall not be less than 85 percent.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 7 - Effluent Standards › Section IX-713 - Chlorine-Bleaching Pulp and Paper Mill Dischargers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability. The effluent limitations
				  and other provisions of this Section are applicable to discharges of wastewater
				  associated with the production activities of bleached kraft pulp and paper
				  mills.
B. Definitions
Chlorine-Bleaching Pulp and Paper Mill
					 Dischargers
- pulp and paper mills utilizing caustic sulfide reagents
					 to process wood chips under high heat and pressure, producing brown paper and
					 subsequently adding chlorine or chlorine compounds to produce bleached white
					 paper.
C. Effluent Guidelines. The
				  following effluent limitations establish the quantity or quality of pollutants
				  or pollutant properties that may be discharged by a facility subject to this
				  Section after applying to process wastes with the treatment technology
				  currently available. The relaxation of effluent limits based upon state water
				  quality standards or best professional judgement shall be prohibited.
Concentration in pg/L (ppq)
Pollutant or Pollutant Property
Daily Average
Daily Maximum
2,3,7,8-Tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD)
NA
20
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 9 - Spill Prevention and Control › Section IX-901 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  establishes requirements for contingency planning and implementation of
				  operating procedures and best management practices to prevent and control the
				  discharge of pollutants resulting from spill events. For the purpose of this
				  Chapter,
spill event
means the accidental or unauthorized
				  leaking or releasing of a substance from its intended container or conveyance
				  structure that has the potential to be discharged or results in a discharge to
				  the waters of the state. Discharges resulting from circumstances identified,
				  reviewed, and made part of the public record with respect to a valid LPDES
				  permit are not considered spill events.
B. The preparation and implementation of a
				  Spill Prevention and Control Plan (hereinafter referred to as "plan") is
				  required for any facility or person meeting the applicability
				  criteria.
C. This Chapter
				  establishes minimal procedures, methods, equipment, control structures and
				  response actions necessary for compliance.
D. Definitions. The following definitions
				  apply to terms used in this Chapter. Definitions of other terms and meanings of
				  abbreviations are set forth in LAC 33:IX.107.
Oil
- any kind or form of oil, including
					 but not limited to: fats, oils, or greases from animal, fish, or marine mammal
					 origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels;
					 and other oils and greases including petroleum, fuel oil, sludge, synthetic
					 oils, mineral oils, oil refuse, and oil mixed with waste other than dredged
					 spoil.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 9 - Spill Prevention and Control › Section IX-903 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions
				  of this Chapter apply to:
1. all substances
				  listed in LAC 33:I.3931 of the Notification Regulations and Procedures For
				  Unauthorized Discharges, other than
oil
as defined in LAC
				  33:IX.901.D, that are in liquid form at temperatures ranging between 0° and
				  35°C and pressures at or near 760 mm Hg;
2.
oil
as defined in LAC
				  33:IX.901.D; and
3. any other
				  substance that the administrative authority declares, in light of the
				  circumstances presented, offers sufficient danger of pollution of the waters of
				  the state to justify application of the provisions of this Chapter.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 9 - Spill Prevention and Control › Section IX-905 - Requirements for Preparation and Implementation of Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. Operators of facilities in operation or
				  under construction on or before the effective date of these regulations that
				  meet the criteria outlined in LAC 33:IX.903 shall prepare a plan within 180
				  days of the effective date of these regulations. The plan shall be fully
				  implemented as soon as possible after preparation, but not later than one year
				  after it was prepared. The Office of Environmental Services may, upon written
				  request, grant additional implementation time to existing facilities in those
				  cases where substantial upgrading or modification may be required in order to
				  comply with this Chapter.
B.
				  Operators of facilities meeting the criteria outlined in LAC 33:IX.903 that
				  become operational 180 days after the effective date of these regulations shall
				  prepare a plan within 180 days after the facility begins operation and shall be
				  fully implemented as soon as possible, but not later than one year after such
				  facility begins operation.
C.
				  Operators of facilities for which a plan is required shall keep a complete copy
				  of the plan at the facility if the facility is normally attended at least eight
				  hours per day, or at the nearest office within the state if the facility is not
				  so attended. The plan shall be made available to authorized representatives of
				  the department for on-site review during normal working hours. Plans need not
				  be submitted to the department unless a request to do so has been made by an
				  authorized representative of the department.
D. Amendment of Plans by the Department.
				  After review of the plan by the department and/or upon receiving notice of a
				  spill pursuant to the notification requirements of
				  R.S.
				  30:2025(J), the department
				  may require the operator of the facility to amend the plan if it finds that the
				  plan does not meet the requirements of this Chapter.
E. Amendments of Plans by Owners/Operators.
				  Owners or operators of facilities shall amend the plan for such facility
				  whenever there is a modification in facility design, construction, storage
				  capacity, operation or maintenance which renders the existing plan inadequate.
				  The amendment shall be implemented prior to or concurrent with the facility
				  modification.
F. Periodic Review of
				  Plans. Operators of facilities shall review the plan every five years and shall
				  amend the plan within 90 days of the review to include more effective
				  prevention and control technology if such technology will significantly reduce
				  the likelihood of a spill event and if such technology has been field proven at
				  the time of the review.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 9 - Spill Prevention and Control › Section IX-907 - Guidelines for the Preparation and Implementation of a Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. The plan shall be prepared in accordance
				  with sound engineering practices. If the plan calls for additional facilities
				  or procedures, methods, or equipment not yet fully operational, these items
				  shall be discussed, and the details of installation and operational start-up
				  shall be explained individually. The department recognizes that the designs of
				  major facilities differ and that in certain cases the appropriate methods for
				  spill prevention and control must be site-specific. While the guidelines
				  presented herein suggest the use of specific methodologies for this purpose,
				  alternate methods may be employed if it can be demonstrated to the satisfaction
				  of the department that the alternate methods will adequately prevent and
				  control spills, and that they are reasonably equivalent to the suggested
				  methods. A complete plan shall follow the sequence outlined in LAC
				  33:IX.903.B-F.
B. A complete plan
				  shall include the following:
1. name of
				  facility;
2. name of the operator
				  of the facility;
3. mailing address
				  of the facility;
4. location of the
				  facility;
5. date and year of
				  initial facility operation;
6. a
				  brief but adequate description of the facility, including an indication of the
				  nearest potential receiving waters;
7. the identity, amount, and location of
				  substances stored at the facility meeting the applicability criteria outlined
				  in LAC 33:IX.903; and
8. facility
				  capability and procedures for taking corrective actions and/or countermeasures
				  when a spill event occurs.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 11 - Surface Water Quality Standards › Section IX-1101 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this Chapter is to establish surface water quality standards that will:
1. provide for the protection and
				  preservation of the abundant natural resources of Louisiana's many and varied
				  aquatic ecosystems;
2. protect the
				  public health and welfare that might otherwise be threatened by degradation of
				  water quality;
3. protect or
				  enhance the quality of state waters for designated uses; and
4. serve the objectives of the Louisiana
				  Water Control Law and Federal Clean Water Act (hereafter referred to as the
				  Clean Water Act).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 11 - Surface Water Quality Standards › Section IX-1103 - Authorization

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to the
				  specific authorization provided for in Section 2074. B(1) of the Louisiana
				  Water Control Law (R.S. 30:2071-2078) and in conformity with Section 303(c) of
				  the Clean Water Act ( P.L. 92-500 as amended) and 48 FR 51405, November 8,
				  1983, the state of Louisiana has established these surface water quality
				  standards to prohibit, control, or abate water pollution in state
				  waters.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2074(B)(1).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 11 - Surface Water Quality Standards › Section IX-1107 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The standards
				  provided in this Chapter are official regulations of the state, and any person
				  who discharges pollutants into the waters of the state in such quantities as to
				  cause these standards to be violated shall be subject to the enforcement
				  procedures of the state as specified in
				  R.S.
				  30:2025.
B. Since aquatic systems receive organic and
				  inorganic materials from natural and man-made sources and receive physical
				  inputs from natural and man-made sources, due allowances will be made for
				  situations where low dissolved oxygen concentrations or other water quality
				  conditions attributable to natural sources are at variance with the standards.
				  To allow for such situations, the numeric criteria will not be applied below
				  the 7Q10 or other appropriate critical flow as defined in LAC 33:IX.1115.C.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2074(B)(1).