Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 23 - Definitions and General LPDES Program Requirements › Section IX-2317 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. No permit may be
				  issued:
1. when the conditions of the permit
				  do not provide for compliance with the applicable requirements of the CWA and
				  the LEQA, or regulations promulgated under the CWA and the LEQA;
2. when the applicant is required to obtain a
				  state or other appropriate certification under Section 401 of the CWA and
				  40 CFR 124.53
				  and that certification has not been obtained or waived;
3. by the state administrative authority
				  where the EPA regional administrator has objected to issuance of the permit
				  under
				  40 CFR
				  123.44;
4. when the imposition of conditions cannot
				  ensure compliance with the applicable water quality requirements of all
				  affected states;
5. when, in the
				  judgment of the secretary, anchorage and navigation in or on any of the waters
				  of the state would be substantially impaired by the discharge;
6. for the discharge of any radiological,
				  chemical, or biological warfare agent or high-level radioactive
				  waste;
7. for any discharge
				  inconsistent with a plan or plan amendment approved under Section 208(b) of the
				  CWA;
8. for any discharge to the
				  territorial sea, the waters of the contiguous zone, or the oceans in the
				  following circumstances:
a. before the
				  promulgation of guidelines under Section 403(c) of the CWA (for determining
				  degradation of the waters of the territorial seas, the contiguous zone, and the
				  oceans) unless the director determines permit issuance to be in the public
				  interest; or
b. after promulgation
				  of guidelines under Section 403(c) of the CWA, when insufficient information
				  exists to make a reasonable judgment whether the discharge complies with
				  them;
9. to a new source
				  or a new discharger, if the discharge from its construction or operation will
				  cause or contribute to the violation of water quality standards. The owner or
				  operator of a new source or new discharger proposing to discharge into a water
				  segment which does not meet applicable water quality standards or is not
				  expected to meet those standards even after the application of the effluent
				  limitations required by Sections 301(b)(1)(A) of the CWA, and for which the
				  state or interstate agency has performed a pollutants load allocation for the
				  pollutant to be discharged, must demonstrate, before the close of the public
				  comment period, that:
a. there are sufficient
				  remaining pollutant load allocations to allow for the discharge; and
b. the existing dischargers into that segment
				  are subject to compliance schedules designed to bring the segment into
				  compliance with applicable water quality standards. The state administrative
				  authority may waive the submission of information by the new source or new
				  discharger required by this Paragraph if the state administrative authority
				  determines that the state administrative authority already has adequate
				  information to evaluate the request. An explanation of the development of
				  limitations to meet the criteria of this Paragraph is to be included in the
				  fact sheet to the permit under LAC 33:IX.2515.