Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 61 - General Pretreatment Regulations for Existing and New Sources of Pollution › Section IX-6105 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of
				  this Chapter, except as discussed below, the general definitions,
				  abbreviations, and methods of analysis set forth in  40 CFR Part 401  shall apply
				  to this regulation.
Act
- the Clean Water Act (CWA as defined
					 in LAC 33:IX.2313 and the appropriate provisions of the LEQA and
					 regulations.
Approval Authority
- the state
					 administrative authority in an NPDES state with an approved state pretreatment
					 program and the appropriate EPA regional administrator in a non NPDES state or
					 NPDES state without an approved state pretreatment program.
Approved POTW Pretreatment Program
or
Program
or
POTW Pretreatment Program
- a
					 program administered by a POTW that meets the criteria established in this
					 regulation (LAC 33:IX.6115 and 6117) and which has been approved by a EPA
					 regional administrator or state administrative authority in accordance with LAC
					 33:IX.6121 of this regulation.
Best Management Practices (BMPs)
-
					 schedules of activities, prohibitions of practices, maintenance procedures, and
					 other management practices to implement the prohibitions listed in LAC
					 33:IX.6109.
BMPs
also include treatment requirements,
					 operating procedures, and practices to control plant site runoff, spillage or
					 leaks, sludge or waste disposal, or drainage from raw materials storage.
Control Authority
- a POTW, if the POTW's
					 pretreatment program submission has been approved in accordance with the
					 provisions in LAC 33:IX.6121; or the
approval authority,
as
					 defined in this Subsection, if the submission has not been approved.
EPA Regional Administrator
- the
					 appropriate EPA Regional Administrator.
Indirect Discharge
or
Discharge
- the introduction of pollutants into a POTW from any
					 non-domestic source regulated under Section 307(b), (c) or (d) of the
					 Act.
Industrial User
or
User
-
					 a source of indirect discharge.
Interference
- a discharge which, alone or
					 in conjunction with a discharge or discharges from other sources, both:
a. inhibits or disrupts the POTW, its treatment processes
					 or operations, or its sludge processes or operations, use or disposal;
					 and
b. therefore is a cause of a violation of any requirement
					 of the POTW's LPDES permit (including an increase in the magnitude or duration
					 of a violation) or of the prevention of sewage sludge use or disposal in
					 compliance with the following statutory provisions and regulations or permits
					 issued thereunder (or more stringent state or local regulations): Section 405
					 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title
					 II, more commonly referred to as the Resource Conservation and Recovery Act
					 (RCRA), and including state regulations contained in any state sludge
					 management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air
					 Act, the Toxic Substances Control Act, and the Marine Protection, Research and
					 Sanctuaries Act.
National Pretreatment Standard, Pretreatment
					 Standard
, or
Standard
- any regulation containing
					 pollutant discharge limits promulgated in accordance with Section 307(b) and
					 (c) of the Act, which applies to industrial users. This term includes
					 prohibitive discharge limits established pursuant to LAC 33:IX.6109.
New Source
-
a. any building, structure, facility, or installation from
					 which there is or may be a discharge of pollutants, the construction of which
					 commenced after the publication of proposed pretreatment standards under
					 Section 307(c) of the Act which will be applicable to such source if such
					 standards are thereafter promulgated in accordance with that Section, provided
					 that:
i. the building, structure, facility or installation is
					 constructed at a site at which no other source is located; or
ii. the building, structure, facility or installation
					 totally replaces the process or production equipment that causes the discharge
					 of pollutants at an existing source; or
iii. the production or wastewater generating processes of
					 the building, structure, facility or installation are substantially independent
					 of an existing source at the same site. In determining whether these are
					 substantially independent, factors such as the extent to which the new facility
					 is integrated with the existing plant, and the extent to which the new facility
					 is engaged in the same general type of activity as the existing source should
					 be considered.
b. Construction on a site at which an existing source is
					 located results in a modification rather than a new source if the construction
					 does not create a new building, structure, facility or installation meeting the
					 criteria of Subparagraph 1.b and c above but otherwise alters, replaces, or
					 adds to existing process or production equipment.
c. Construction of a new source as defined under this
					 Paragraph has commenced if the owner or operator has:
i. begun, or caused to begin as part of a continuous
					 on-site construction program:
(a). any placement, assembly, or installation of facilities
					 or equipment; or
(b). significant site preparation work including clearing,
					 excavation, or removal of existing buildings, structures, or facilities which
					 is necessary for the placement, assembly, or installation of new source
					 facilities or equipment; or
ii. entered into a binding contractual obligation for the
					 purchase of facilities or equipment which are intended to be used in its
					 operation within a reasonable time. Options to purchase or contracts which can
					 be terminated or modified without substantial loss, and contracts for
					 feasibility, engineering, and design studies do not constitute a contractual
					 obligation under this Paragraph.
NPDES State
- a state (as defined in LAC
					 33:IX.2313) or interstate water pollution control agency with an NPDES permit
					 program approved pursuant to Section 402(b) of the Act.
Pass Through
- a discharge which exits the
					 POTW into waters of the United States in quantities or concentrations which,
					 alone or in conjunction with a discharge or discharges from other sources, is a
					 cause of a violation of any requirement of the POTW's LPDES permit (including
					 an increase in the magnitude or duration of a violation).
Permit
- an NPDES or LPDES permit issued
					 to a POTW pursuant to Section 402 of the Act.
POTW Treatment Plant
- that portion of the
					 POTW which is designed to provide treatment (including recycling and
					 reclamation) of municipal sewage and industrial waste.
Pretreatment
- the reduction of the amount
					 of pollutants, the elimination of pollutants, or the alteration of the nature
					 of pollutant properties in wastewater prior to or in lieu of discharging or
					 otherwise introducing such pollutants into a POTW. The reduction or alteration
					 may be obtained by physical, chemical or biological processes, process changes
					 or by other means, except as prohibited by LAC 33:IX.6105.
Approved POTW
					 Pretreatment Program or Program or POTW Treatment Program.
Appropriate
					 pretreatment technology includes control equipment, such as equalization tanks
					 or facilities, for protection against surges or slug loadings that might
					 interfere with or otherwise be incompatible with the POTW. However, where
					 wastewater from a regulated process is mixed in an equalization facility with
					 unregulated wastewater or with wastewater from another regulated process, the
					 effluent from the equalization facility must meet an adjusted pretreatment
					 limit calculated in accordance with LAC 33:IX.6111.E.
Pretreatment Requirements
- any
					 substantive or procedural requirement related to pretreatment, other than a
					 national pretreatment standard, imposed on an industrial user.
Significant Industrial User
-
a. except as provided in Subparagraph b of this definition,
					 the term
significant industrial user
means:
i. all industrial users subject to categorical pretreatment
					 standards under LAC 33:IX.6111 and 40 CFR Chapter I, Subchapter N (LAC
					 33:IX.4903); and
ii. any other industrial user that:
(a). discharges an average of 25,000 gallons per day or
					 more of process wastewater to the POTW (excluding sanitary, noncontact cooling
					 and boiler blowdown wastewater);
(b). contributes a process wastestream which makes up 5
					 percent or more of the average dry weather hydraulic or organic capacity of the
					 POTW treatment plant; or
(c). is designated as such by the
control
					 authority,
as defined in this Subsection, on the basis that the
					 industrial user has a reasonable potential for adversely affecting the POTW's
					 operation or for violating any pretreatment standard or requirement (in
					 accordance with LAC 33:IX.6115.F.6);
b. the control authority may determine that an industrial
					 user subject to categorical pretreatment standards under LAC 33:IX.6111 and 40
					 CFR Chapter I, Subchapter N is a non-significant categorical industrial user
					 rather than a
significant industrial user
on a finding that
					 the industrial user never discharges more than 100 gallons per day (gpd) of
					 total categorical wastewater (excluding sanitary, non-contact cooling and
					 boiler blowdown wastewater, unless specifically included in the pretreatment
					 standard) and the following conditions are met:
i. the industrial user, prior to the control authority's
					 finding, has consistently complied with all applicable categorical pretreatment
					 standards and requirements;
ii. the industrial user annually submits the certification
					 statement required in LAC 33:IX.6123.Q together with any additional information
					 necessary to support the certification statement; and
iii. the industrial user never discharges any untreated
					 concentrated wastewater;
c. upon a finding that an industrial user meeting the
					 criteria in Clause a.ii of this definition has no reasonable potential for
					 adversely affecting the POTW's operation or for violating any pretreatment
					 standard or requirement, the
control authority
(as defined in
					 this Subsection) may at any time, on its own initiative or in response to a
					 petition received from an industrial user or POTW, and in accordance with LAC
					 33:IX.6115.F.6, determine that such industrial user is not a
significant industrial user
.
a. a request by a POTW for approval of a pretreatment
					 program to the EPA or the state administrative authority;
b. a request by a POTW or the state administrative
					 authority for authority to revise the discharge limits in categorical
					 pretreatment standards to reflect POTW pollutant removals; or
c. a request to the EPA by an NPDES State for approval of
					 its State pretreatment program.
Water Management Division Director
- one
					 of the Directors of the Water Management Divisions within the Regional Offices
					 of the Environmental Protection Agency or this person's delegated
					 representative.
At 49 FR 5132,
					 Feb. 10, 1984, Paragraphs (i) and (n) were suspended until further
					 notice.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)