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-2301 - General Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  conditions and requirements in this Chapter apply only to facilities and
				  discharges within the scope of coverage of the NPDES program and to permits
				  issued in accordance with the assumption of the NPDES program. Provisions of
				  the federal regulations addressing sewage sludge use and disposal have been
				  retained and state terminology has been substituted for federal terminology as
				  appropriate. Unless specifically indicated in LAC 33:IX.Chapter 73 as being
				  applicable, requirements relative to a state sewage sludge management program
				  in LAC 33:IX.Chapters 23-71 are not applicable until the Department of
				  Environmental Quality (DEQ) receives the sewage sludge management program
				  authority, in accordance with   40 CFR Part 501   under the NPDES program. Until
				  DEQ receives the sewage sludge management program authority, in accordance with
				  40 CFR Part 501 under the NPDES program, the requirements relative to the state
				  sewage sludge management program are those in LAC 33:IX.Chapter 73. In
				  accordance with
				  R.S.
				  40:4(A)(6), plans and
				  specifications for a sanitary wastewater treatment facility are reviewed and
				  approved by the state health officer or his designee.
B. In accordance with
				  40 CFR
				  123.1(i) all requirements in
				  LAC 33:IX.Chapters 5-21 that are within the scope of coverage of the NPDES
				  program shall apply to the LPDES program. Any requirements that are less
				  stringent than the NPDES program requirements shall not apply. Any requirements
				  that are not within the scope of coverage of the NPDES program may only be
				  applied and enforced as state-only requirements. Examples of requirements that
				  are not within the scope of coverage of the NPDES program include, but are not
				  limited to, regulations relative to groundwater, permits required for
				  non-point-source discharges, and permits required for shell dredging
				  activities.
C. LAC 33:IX.Chapters 1
				  and 3 shall not apply to any facility or discharge that is within the scope of
				  coverage of the NPDES program.
D.
				  Upon assumption of the NPDES program by the state, the status of NPDES and
				  LWDPS permits shall be as follows:
1. for
				  facilities with valid NPDES permits only, the existing NPDES permits shall
				  become LPDES permits with an expiration date consistent with that originally
				  designated;
2. for facilities with
				  both valid NPDES and valid LWDPS permits, the NPDES permit shall become the
				  LPDES permit and become enforceable under these regulations. The LWDPS permit
				  will also remain in effect and be enforceable under these regulations until
				  such time as it expires or is terminated;
3. for facilities with valid LWDPS permits
				  only, the LWDPS permit shall remain in effect and be enforceable under these
				  regulations until such time as the LWDPS permit expires or is terminated and an
				  LPDES permit is issued; and
4. for
				  facilities for which an extension has been authorized by EPA under the NPDES
				  program, such extension shall become enforceable under the LPDES program, and
				  any valid NPDES permit applications for such facilities, which have been
				  submitted in a timely manner (LAC 33:IX.2321.A and B and 2701.B), shall become
				  LPDES permit applications upon the effective date of these
				  regulations.