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-307 - Modification, Revocation and Reissuance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any permittee shall report to the Office
					 of Environmental Services any facility changes that result in increases in the
					 quantity of pollutants discharged or decreases in the quality of the
					 discharges. The permittee shall also report any facility changes that result in
					 decreases in the quantity of pollutants discharged or increases in the quality
					 of discharges of pollutants where such change is expected to last in excess of
					 180 days. Such report shall be by submission of a modified permit application
					 or, if the discharge does not violate the effluent limitations specified in the
					 permit, by submission of notice to the Office of Environmental Services of the
					 nature of such facility changes. The permittee shall not commence any facility
					 expansion, production increases, or process modifications that result in new or
					 increased discharges of pollutants without receiving a modified LWDPS permit or
					 written authorization from the Office of Environmental Services. The provisions
					 of this Subsection shall not apply to facility changes that were considered
					 during the permitting process.
B.
					 When the Office of Environmental Services receives any new information or
					 receives a request for modification or revocation, such permit may, after an
					 opportunity for hearing, be modified, or alternatively revoked and reissued, in
					 whole or in part, for cause, including but not limited to:
1. violations of any terms or conditions of
					 the permit;
2. obtaining a permit
					 by misrepresentation or failure to disclose fully all relevant facts;
3. a change in any condition that results in
					 either a temporary (greater than 180 days) or permanent reduction or
					 elimination of any discharge controlled by the permit;
4. the department has received new
					 information; permits may be modified during their terms for this cause only if
					 the information was not available at the time of permit issuance (other than
					 revised regulations, guidance, or test methods) and would have justified the
					 application of different permit conditions at the time of issuance;
5. material and substantial alterations or
					 additions to the permitted facility or activity which occurred after permit
					 issuance which justify the application of permit conditions that are different
					 or absent in the existing permit;
6. the standards, or prohibitions on which
					 the permit was based have been changed by promulgation of amended standards or
					 regulations or by judicial decision after the permit was issued;
7. failure to report any facility changes as
					 described in LAC 33:IX.307.A;
8.
					 change of ownership or operational control (see LAC 33:IX.311.D);
9. when the level of discharge of any
					 pollutant which is not limited in the permit exceeds the level which can be
					 achieved by the technology-based treatment requirements appropriate to the
					 permittee under a BPJ determination;
10. when the permittee demonstrates operation
					 and maintenance costs that are totally disproportionate from the operation and
					 maintenance costs considered in the development of a subsequently promulgated
					 effluent limitations guideline, but in no case may the limitations be made less
					 stringent than the subsequent guideline;
11. the nonconformance of the discharge with
					 any applicable facility, basin or areawide plans; or
12. permit inconsistency with any duly
					 promulgated effluent limitation, permit, regulation, statute, or other
					 applicable state law.