Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 31 - General LPDES Program Requirements › Section IX-3101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				  the definitions given in LAC 33:IX.2313 and
				  40
				  CFR 123.2(LPDES) and
				  501.2 (sludge
				  management), the definitions below apply to LAC 33:IX.Chapters 31-35.
Administrator
- the administrator of the
					 U.S. Environmental Protection Agency, or an authorized representative.
Application
- the standard forms for
					 applying for a permit, including any additions, revisions, or modifications to
					 the forms or forms approved by EPA for use in approved states, including any
					 approved modifications or revisions.
Appropriate Act and Regulations
- the
					 Clean Water Act (CWA) and applicable regulations promulgated under those
					 statutes. In the case of an approved state program, appropriate Act and
					 regulations includes program requirements.
CWA
- the Clean Water Act (formerly
					 referred to as the Federal Water Pollution Control Act of Federal Pollution
					 Control Act Amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 95-217
					 and Pub. L. 95-576;
					 33 U.S.C.
					 1251 et seq.
Director
- the EPA regional administrator,
					 the state administrative authority or the tribal director as the context
					 requires, or an authorized representative. When there is no approved state or
					 tribal program, and there is an EPA administered program, Director means the
					 EPA regional administrator. When there is an approved state or tribal program,
					 director normally means the state administrative authority or tribal director.
					 In some circumstances, however, EPA retains the authority to take certain
					 actions even when there is an approved state or tribal program. (For example,
					 when EPA has issued an NPDES permit prior to the approval of a state program,
					 EPA may retain jurisdiction over that permit after program approval; see
					 40 CFR 123.1) 
					 In such cases, the term director means the EPA regional administrator and not
					 the state administrative authority or tribal director.
Draft Permit
- a document prepared under
					 LAC 33:IX.3107 indicating the director's tentative decision to issue or deny,
					 modify, revoke and reissue, terminate, or reissue a permit. A notice of intent
					 to terminate a permit and a notice of intent to deny a permit as discussed in
					 LAC 33:IX.3105, are types of draft permits. A denial of a request for
					 modification, revocation and reissuance or termination, as discussed in LAC
					 33:IX.3105, is not a draft permit. A proposed permit is not a draft
					 permit.
EPA
- the United States Environmental
					 Protection Agency.
EPA Regional Administrator
- the regional
					 administrator of the appropriate regional office of the Environmental
					 Protection Agency or the authorized representative of the EPA regional
					 administrator.
Facility or Activity
- any LPDES point
					 source, or treatment works treating domestic sewage, or any other facility or
					 activity (including land or appurtenances thereto) that is subject to
					 regulation under the LPDES program.
Federal Indian Reservation (in the case of
					 NPDES)
- all land within the limits of any Indian reservation under the
					 jurisdiction of the United States Government, notwithstanding the issuance of
					 any patent, and including rights-of-way running through the reservation.
General Permit (LPDES)
- an LPDES permit
					 authorizing a category of discharges or activities under the LEQA within a
					 geographical area.
Indian Tribe
-f or the NPDES program, the
					 term Indian tribe means any Indian tribe, band, group, or community recognized
					 by the secretary of the Interior and exercising governmental authority over a
					 federal Indian reservation.
Interstate Agency
- an agency of two or
					 more states established by or under an agreement or compact approved by the
					 Congress, or any other agency of two or more states having substantial powers
					 or duties pertaining to the control of pollution as determined and approved by
					 the Administrator under the appropriate Act and regulations.
Major Facility
- any, LPDES facility or
					 activity classified as such by the EPA regional administrator, or, in the case
					 of approved state programs, the EPA regional administrator in conjunction with
					 the state administrative authority.
NPDES
- National Pollutant Discharge
					 Elimination System.
Owner or Operator
- owner or operator of
					 any facility or activity subject to regulation under the LPDES program.
Permit
- an authorization, license, or
					 equivalent control document issued by EPA under NPDES or by the state under
					 LPDES to implement the requirements of LAC 33:IX.Chapters 31 and 33 and LAC
					 33:IX.Chapters 23-29,  40 CFR 123 . Permit includes NPDES or LPDES general
					 permit. Permit does not include any permit which has not yet been the subject
					 of final agency action, such as a draft permit or a proposed permit.
Person
- an individual, association,
					 partnership, corporation, municipality, state, federal, or tribal agency, or an
					 agency or employee thereof.
Schedule of Compliance
- a schedule of
					 remedial measures included in a permit, including an enforceable sequence of
					 interim requirements (for example, actions, operations, or milestone events)
					 leading to compliance with the appropriate Act and regulations.
Site
- the land or water area where any
					 facility or activity is physically located or conducted, including adjacent
					 land used in connection with the facility or activity.
State
- any of the states of the United
					 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
					 Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the
					 Commonwealth Northern Mariana Islands, or an Indian tribe that meets the
					 statutory criteria which authorize EPA to treat the tribe in a manner similar
					 to that in which it treats a state.
State Administrative Authority
- the chief
					 administrative officer of any state, interstate, or tribal agency operating an
					 approved program, or the delegated representative of the state administrative
					 authority.
B. For the
				  purposes of LAC 33:IX.Chapters 31 and 33 the term:
Director
*-the state administrative
					 authority or EPA regional administrator and is used when the accompanying
					 provision is required of EPA-administered programs and of state programs under
					 40 CFR
					 123.25(NPDES). The term EPA
					 regional administrator is used when the accompanying provision applies
					 exclusively to EPA-issued permits and is not applicable to state programs under
					 these Sections. While states are not required to implement these latter
					 provisions, they are not precluded from doing so, notwithstanding use of the
					 term EPA regional administrator.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)