reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 11 - Surface Water Quality Standards › Section IX-1113 - Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. Introduction
1. Water quality criteria are elements of the
				  water quality standards that set general and numeric limitations on the
				  permissible amounts of a substance or other characteristics of state waters.
				  General and numeric criteria are established to promote restoration,
				  maintenance, and protection of state waters. A criterion for a substance
				  represents the limits for that substance at which water quality will remain
				  sufficient to support a designated use.
2. Water quality criteria for the waters of
				  Louisiana are based on their present and potential uses and the existing water
				  quality indicated by data accumulated through monitoring programs of the
				  department and other state and federal agencies as well as universities and
				  private sources. In some cases, available water quality and flow data are not
				  adequate to establish criteria. Criteria in these cases are established on the
				  basis of the best information available from water bodies that are similar in
				  hydrology, water quality, and physical configuration.
3. General and numeric water quality criteria
				  may be modified to take into account site-specific, local conditions. Whenever
				  data acquired from the sources named in LAC 33:IX.1113.A.2 or other sources
				  indicate that criteria should be modified, the department will develop and
				  recommend revised site-specific criteria. The revised criteria will be
				  submitted to the EPA for approval and promulgated in accordance with
				  established procedures including, but not limited to, those in the Louisiana
				  Administrative Procedure Act,
				  R.S.
				  49:950 et seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 11 - Surface Water Quality Standards › Section IX-1115 - Application of Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Background
1. The water quality standards set forth in
				  this Chapter are the foundation for a range of programs that establish water
				  quality goals for water body segments thereby ensuring suitable aquatic
				  ecosystems. Water quality standards are derived for individual water segments
				  on the basis of the designated use or uses of the segment and the natural
				  qualities of the waters.
2. An
				  established water quality criterion represents the general or numeric
				  concentration limit or characteristic of a constituent in a water body segment
				  that is allowed by the state. For some toxic substances, however, criteria
				  provide both acute and chronic limits for the protection of aquatic life in
				  fresh and marine waters, and separate limits for the protection of human
				  health. Criteria apply at all times, except where natural conditions cause them
				  to be exceeded or where specific exemptions in the standards apply. Water uses,
				  pollution sources, natural conditions, and the water quality criteria are all
				  considered in the departments determination of appropriate permit limits for
				  each wastewater discharge to a water body.
3. The difference between an ambient
				  concentration and a water quality criterion should not be construed as the
				  amount of a constituent that can be discharged. The antidegradation statement
				  requires that all waters which exceed the water quality standards be maintained
				  at their existing high quality, which can be lowered only after demonstrating
				  that allowing lower water quality is necessary to accommodate important
				  economic and or social development in the area in which the waters are located.
				  In addition, before a lowering of high water quality can be allowed, an
				  analysis of alternatives shall be performed to demonstrate that the lowering of
				  high water quality is necessary. More stringent requirements apply to those
				  waters designated as outstanding natural resource waters, as described in LAC
				  33:IX.1109.A.3.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 11 - Surface Water Quality Standards › Section IX-1119 - Implementation Plan for Antidegradation Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. Summary and Purpose
1. As stated in LAC 33:IX.1109.A of these
				  regulations, the antidegradation policy provides a legal framework for the
				  basic maintenance and protection of all designated water uses. It also outlines
				  methods that the state uses to protect state waters from water quality
				  degradation and some of the state and federal rules and regulations that
				  authorize them.
2. This Section
				  explains the specific procedures used by the department as the state's
				  designated water quality management agency to implement the Antidegradation
				  Policy.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 11 - Surface Water Quality Standards › Section IX-1121 - Regulation of Toxic Substances Based on the General Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. Introduction
1. The water quality standards in this
				  Chapter provide for the protection of human, plant, and animal life from the
				  deleterious effects of toxic substances. The general criteria (LAC
				  33:IX.1113.B.5), in particular, require that state waters be free from the
				  effects of toxic substances. This requirement is especially applicable to those
				  toxic substances for which no numeric criteria are established.
2. The following methods are developed to
				  protect state waters from the effects of toxic substances as required under the
				  general criteria and where no numeric criteria exist. The methods follow the
				  permitting policies of the department. The resulting permit (effluent)
				  limitations imposed on discharges prevent toxic in-stream conditions as
				  required under the general criteria.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 11 - Surface Water Quality Standards › Section IX-1123 - Numeric Criteria and Designated Uses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Water Quality Management Basins and
				  Ecoregions
1. Basins
Basin Name
Basin Number
Atchafalaya River Basin
01
Barataria Basin
02
Calcasieu River Basin
03
Lake Pontchartrain Basin
04
Mermentau River Basin
05
Vermilion-Teche River Basin
06
Mississippi River Basin
07
Ouachita River Basin
08
Pearl River Basin
09
Red River Basin
10
Sabine River Basin
11
Terrebonne Basin
12
2.
				  Ecoregions
Ecoregion Name
Abbreviation
Atchafalaya River Ecoregion
AR
Coastal Chenier Marshes Ecoregion
CCM
Coastal Deltaic Marshes Ecoregion
CDM
Gulf Coastal Prairie Ecoregion
GCP
Lower Mississippi River Alluvial Plains
								Ecoregion
LMRAP
Mississippi River Ecoregion
MR
Pearl River Ecoregion
PR
Red River Alluvium Ecoregion
RRA
Sabine River Ecoregion
SR
South Central Plains Flatwoods Ecoregion
SCPF
South Central Plains Southern Tertiary Uplands
								Ecoregion
SCPSTU
South Central Plains Tertiary Uplands
								Ecoregion
SCPTU
Southern Plains Terrace and Flatwoods
								Ecoregion
SPTF
Terrace Uplands Ecoregion
TU
Upper Mississippi River Alluvial Plains
								Ecoregion
UMRAP
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 13 - Louisiana Water Pollution Control Fee System Regulation › Section IX-1301 - Scope and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				  purpose of these regulations to establish a fee system for funding the
				  operation and activities under these regulations of the Department of
				  Environmental Quality in accordance with the Louisiana Environmental Quality
				  Act,
				  R.S.
				  30:2001 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2014(B)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 13 - Louisiana Water Pollution Control Fee System Regulation › Section IX-1303 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  regulations provide fees as required by
				  R.S.
				  30:2014(B) and
				  2089.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2014(B)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 13 - Louisiana Water Pollution Control Fee System Regulation › Section IX-1305 - Short Title

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  regulations shall be known and may be cited by the short title "Water Program
				  Fee Regulations."
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2014(B)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 13 - Louisiana Water Pollution Control Fee System Regulation › Section IX-1307 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. All terms used
				  in these regulations, unless the context otherwise requires or unless
				  specifically defined in the Louisiana Environmental Quality Act, or in
				  substantive regulations promulgated by the Secretary of the Department of
				  Environmental Quality, shall have their usual meaning. In addition, for
				  purposes of these regulations, the following definitions apply.
Administrative Authority
- the Secretary
					 of the Department of Environmental Quality or his designee or the appropriate
					 assistant secretary or his designee.
Annual Fee
-the fee which is paid annually
					 based on the state's fiscal year (July 1 to June 30). This fee shall be
					 applicable to all facilities subject to regulation under the Louisiana Water
					 Control Law,
					 R.S. 30:2071
					 et seq.
Department
- the Department of
					 Environmental Quality.
Due Date
- the date indicated on the
					 invoice.
Facility
-for the purposes of the
					 Louisiana Water Pollution Control Fee System, a pollution source, or any public
					 or private property or site and all contiguous land and structures, other
					 appurtenances and improvements, where an activity is conducted that discharges
					 or may result in the discharge of pollutants into waters of the state.
Inactive Facility
-any facility which has
					 been permanently closed and inoperative except for minor and essential
					 maintenance activities for a period of at least one year but retains a valid
					 permit to facilitate a potential resumption of operations. Facilities that are
					 temporarily closed for maintenance or turnaround activities or inventory
					 reduction are not considered to be inactive.
Major Facility
-for the purposes of the
					 Louisiana Water Pollution Control Fee System, any facility classified as such
					 by the administrative authority.
Minor Facility
-any facility not
					 classified as a major facility by the administrative authority.
Municipal Facility
-any facility operated
					 by the state or a city, town, village, district or parish governing authority
					 for the purpose of providing necessary public services.
New, Modified, or Reissued Permit Fee
-
					 the fee applicable to any such permit action.
Permit or License
- for the purposes of
					 the Louisiana Water Pollution Control Fee System, written authorization issued
					 by the administrative authority to discharge, emit, or dispose of liquid,
					 gaseous, semi-solid or solid waste or reusable materials, or radioactive
					 material from or at a site or facility, including all conditions set forth
					 therein.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2014(B)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 13 - Louisiana Water Pollution Control Fee System Regulation › Section IX-1309 - Fee System

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicability. Fees established by these regulations shall be applicable to all
				  facilities subject to regulation under the Louisiana Water Control Law,
				  R.S. 30:2071
				  et seq., including those with no discharge and/or closed system
				  permits.
B. Annual Fee
1. The annual fee shall be calculated by
				  multiplying the rating points times the rate factor except that the annual fee
				  for each general permit shall be established by the administrative authority as
				  provided below.
2. The rating
				  points shall be computed using the appropriate Annual Fee Rating
				  Worksheet.
3. The rate factor shall
				  be applied per rating point as follows:
a.
				  for municipal facilities:
i. $162.80 per
				  rating point as of July 1, 2017; and
ii. $104.81 per rating point from July 1,
				  1998, through June 30, 1999;
iii.
				  $112.12 per rating point as of July 1, 1999;
iv. $134.54 per rating point as of July 1,
				  2002; and
v. $148.00 per rating
				  point as of July 1, 2003; and
b. for all other facilities:
i. $299.16 per rating point as of July 1,
				  2017.
ii. $192.60 per rating point
				  from July 1, 1998, through June 30, 1999;
iii. $206.03 per rating point as of July 1,
				  1999;
iv. $247.24 per rating point
				  as of July 1, 2002; and
v. $271.96
				  per rating point as of July 1, 2003.
4. The annual fee shall be paid each year a
				  facility is subject to regulation under the Louisiana Water Control Law,
				  R.S. 30:2071
				  et seq. The year shall correspond with the state's fiscal year, July 1 through
				  June 30.
5. For new facilities, the
				  annual fee may be prorated to correspond to the start-up date.
6. The annual fee for inactive facilities may
				  be reduced by 50 percent during any fiscal year in which the facility was
				  inactive for the entire fiscal year. In no case shall the fee be reduced below
				  the minimum fee.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 13 - Louisiana Water Pollution Control Fee System Regulation › Section IX-1311 - Instructions for Completing Treatment Works Treating Domestic Sewage Annual Fee Rating Worksheet

Current through Register Vol. 50, No. 6, June 20, 2024
A. Facility
				  Complexity Designation
1. Determine the
				  specific industrial category applicable to the facility.
2. From the permit application, determine SIC
				  codes. Also determine processes and products reported. Compare this information
				  to LAC 33:IX.1319 to determine the applicable industrial category and the
				  related complexity designation. When more than one category applies, select the
				  one with the highest complexity designation. Record the SIC code applicable to
				  the category selected in the first SIC code blank and all other reported SIC
				  codes in the second blank. Record the SIC title.
3. Check the applicable complexity
				  designation and record the associated points in the complexity points blank.
NOTE: Any industrial category not listed in LAC 33:IX.1319
					 is automatically assigned a Complexity Designation I except under the
					 circumstances noted in LAC 33:IX.1309.L.2.
4. The SIC codes listed in the tables are not
				  exhaustive and any questions concerning the appropriate SIC code or complexity
				  designation for a particular facility will be decided by the administrative
				  authority.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 13 - Louisiana Water Pollution Control Fee System Regulation › Section IX-1313 - Treatment Works Treating Domestic Sewage Annual Fee Rating Worksheet

Current through Register Vol. 50, No. 6, June 20, 2024
Invoice No._______________
ANNUAL FEE RATING WORKSHEET
PERMIT NO.__________
1. FACILITY COMPLEXITY DESIGNATION
Primary SIC _______________ Other SIC __________
Complexity Designation =
__________ I ( 0 points)
__________ II (10 points)
__________III (20 points)
__________ IV (30 points)
__________ V (40 points)
__________ VI (50 points)
COMPLEXITY DESIGNATION POINTS __________
2. FLOW VOLUME AND TYPE
A. Wastewater Type I
Is total Daily Average Discharge greater than 60
					 mgd?
_________Yes, then points =
30
_________No, then
Points = 0.5 X Total Daily Average Discharge (mgd)
Points = 0.5 X________ = ____________
Total Points = __________
B. Wastewater Type II
Is total Daily Average Discharge greater than 5
					 mgd?
________Yes, then points =
50
________No, then
Points=10 X Total Daily Average Discharge (mgd)
Points=10 X ________ = _____________
Total Points = __________
C. Wastewater Type III
Is total Daily Average Discharge greater than 25
					 mgd?
________Yes, then points =
50
________No, then
Points=2 X Total Daily Average Discharge (mgd)
Points=2 X ________ = ______________
Total Points = __________
FLOW VOLUME AND TYPE POINTS _______________
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 13 - Louisiana Water Pollution Control Fee System Regulation › Section IX-1315 - Instructions for Completing Industrial Facility (all non-Treatment Works Treating Domestic Sewage) Annual Fee Rating Worksheet

Current through Register Vol. 50, No. 6, June 20, 2024
A. Facility Complexity Designation
1. Determine the specific industrial category
				  applicable to the facility.
2. From
				  the permit application, determine SIC codes. Also determine processes and
				  products reported. Compare this information to LAC 33:IX.1319 to determine the
				  applicable industrial category and the related complexity designation. When
				  more than one category applies, select the one with the highest complexity
				  designation. Record the SIC code applicable to the category selected in the
				  first SIC code blank and all other reported SIC codes in the second blank.
				  Record the SIC title.
3. Check the
				  applicable complexity designation and record the associated points in the
				  complexity points blank.
Note: Any industrial category not listed in LAC 33:IX.1319
					 is automatically assigned a Complexity Designation I except under the
					 circumstances noted in LAC 33:IX.1309.L.2.
4. The SIC codes listed in the tables are not
				  exhaustive and any questions concerning the appropriate SIC code or complexity
				  designation for a particular facility will be decided by the administrative
				  authority.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 13 - Louisiana Water Pollution Control Fee System Regulation › Section IX-1317 - Industrial Facility (all non-Treatment Works Treating Domestic Sewage) Annual Fee Rating Worksheet

Current through Register Vol. 50, No. 6, June 20, 2024
Invoice No._______________
ANNUAL FEE RATING WORKSHEET
PERMIT NO.__________
1. FACILITY COMPLEXITY DESIGNATION
Primary SIC _______________ Other SIC __________
Complexity Designation =
__________ I ( 0 points)
__________ II (10 points)
__________III (20 points)
__________ IV (30 points)
__________ V (40 points)
__________ VI (50 points)
COMPLEXITY DESIGNATION POINTS __________
2. FLOW VOLUME AND TYPE
A. Wastewater Type I
Is total Daily Average Discharge greater than 400
					 m?
_________Yes, then points = 200
_________No, then
Points = 0.5 X Total Daily Average Discharge (mgd)
Points = 0.5 X ________ = _______
Total Points = __________
B. Wastewater Type II
Points =10 X Total Daily Average Discharge (mgd)
Points =10 X ________ = ________
Total Points = __________
C. Wastewater Type III
Points = 2 X Total Daily Average Discharge (mgd)
Points = 2 X _______ = __________
Total Points = __________
FLOW VOLUME AND TYPE POINTS _____________
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 15 - Water Quality Certification Procedures › Section IX-1501 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				  30:2074(B)(3) authorizes the
				  adoption and promulgation by the Secretary of the Department of Environmental
				  Quality of rules and regulations to prevent water pollution.
B.R.S.
				  30:2074(A)(3) establishes
				  the procedures for issuance of certifications for applicants for federal
				  permits.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2074(A)(3).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 15 - Water Quality Certification Procedures › Section IX-1503 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. These procedures
				  apply to all water quality certifications which applicants for federal licenses
				  or permits are required to provide to the appropriate federal agency.
B. In the event that certification is
				  requested for a proposed federal license or permit which is determined by the
				  administrative authority to contain terms and conditions equivalent to an
				  existing state permit previously issued under the Louisiana Water Discharge
				  Permit System (LWDPS), such LWDPS permit shall be considered the legal
				  equivalent to a certification issued by the administrative authority under this
				  Chapter, and no separate certification is required.
C. Upon delegation of the NPDES program to
				  the state, the provisions of this Chapter with regard to NPDES permit
				  certifications will no longer be applicable.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2074(A)(3).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 15 - Water Quality Certification Procedures › Section IX-1507 - Procedures for Issuance of Water Quality Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application Requirements
1. Application Requirements. Any person,
				  desiring issuance of a state water quality certification, shall file an
				  application for certification with the Department of Environmental Quality at
				  its office in Baton Rouge. The application should include:
a. the date of application;
b. the name, address, or principal place of
				  business of the applicant;
c. if
				  the applicant is a corporation, the state in which it is incorporated, the name
				  of its principal officers and the name and address of the Louisiana agent for
				  service of process;
d. the name of
				  the individual who shall be primarily responsible for conduct of the activity
				  for which certification is sought (plant manager or other person responsible
				  for facility operation);
e. the
				  nature of the activity to be conducted by the applicant, including estimates of
				  volume of excavation for dredge and fill activities;
f. whether the discharge is occurring or
				  proposed, including an estimated schedule for all proposed
				  activities;
g. the location of the
				  discharge, stating if applicable, the municipality, the parish, the drainage
				  basin, the name of the receiving water, and the location of the point of
				  discharge with regard to the receiving water;
h. the nature of the receiving water,
				  including type (creek, river, swamp, canal, lake or pond), nature (fresh,
				  brackish or salt), and direction of flow;
i. description of waste treatment works, if
				  any, that will receive and process the wastewater before discharge into the
				  receiving water;
j. the type of
				  discharge, including chemical composition, quantity (expressed as gallons per
				  unit of time), frequency, temperature, and kinds and quantities of pollutants
				  or contaminants;
k. projected
				  future variations in the nature of the discharge;
l. the type, diameter or cross-section and
				  length of any conduit conveying the discharge;
m. names and addresses of adjoining riparian
				  owners; and
n. maps, drawings, or
				  plats at an appropriate scale and referenced to a commonly used set of
				  geographic coordinates (latitude/longitude or section/range/township) which
				  provide sufficient detail to accurately delineate:
i. the boundaries of the lands owned or to be
				  utilized by the applicant in carrying out any activity;
ii. the location and extent of receiving
				  waters in the vicinity of said lands;
iii. the location, dimensions, and type of
				  any temporary or permanent structures or conveyances erected or to be erected
				  on said lands; and
iv. the location
				  of discharges into receiving waters.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 17 - Rules Governing Disposal of Waste Oil, Oil Field Brine, and All Other Materials Resulting from the Drilling for, Production of, or Transportation of Oil, Gas or Sulfur (As Amended January 27, 1953) › Section IX-1701 - Adopted by the Stream Control Commission, State of Louisiana, under Authority of Section 1435, Chapter 3, Part I, of Title 56, Louisiana Revised Statutes of 1950

Current through Register Vol. 50, No. 6, June 20, 2024
A. Crude oil, waste
				  oil, oil sludge, oil-water emulsion, or oil bearing mixtures of any kind shall
				  be gathered and destroyed by burning or otherwise on the lease where the wastes
				  originate, and in such manner as to eliminate any pollution hazard.
B. No oily fluids shall be discharged to, or
				  allowed to flow on the ground, or be carried from the original lease in open
				  ditches, or discharged or allowed to flow into any stream, lake or other body
				  of water.
C. Each producing well,
				  except those over marsh and water, all oil booster pumps, and any pump used to
				  move oil or oily fluids, shall be provided with a surrounding gathering ditch
				  or equally effective device, to prevent the escape of oily wastes from the
				  location, such ditch to be graded to a gathering sump which shall be cleaned
				  regularly by removal and destruction of oily wastes. All spillage of oil shall
				  be promptly gathered and destroyed.
1. On all
				  pumping wells, over water or marsh, there shall be installed an adequate
				  impervious deck or other device with catch tank installed around the wellhead.
				  The catch tank should be equipped with a "stiff-leg" to enable the operator to
				  dispose of excess rainfall.
2. All
				  drilling barges, whether for workover or drilling new wells shall be equipped
				  with a device at the open end or ends of keyways to prevent oil or oil fluids
				  from escaping therefrom. This device shall be so installed as to be adjustable
				  for tidal changes and all oil collected within keyways shall be picked up and
				  disposed of in compliance with LAC 33:IX.1701.C.1 and 2.
3. All barges containing drilling, workover
				  or power units shall be equipped with a coaming or other device as to drain all
				  oil or oily fluids into a catch tank.
4. All necessary steps shall be taken to
				  avoid loss of oil during workover operation.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 19 - State of Louisiana Stream Control Commission › Section IX-1901 - Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective July
				  1, 1968, it shall be the order of the Louisiana Stream Control Commission that
				  no oil field wastes, including salt water, produced by gas or oil field
				  operations in the state of Louisiana shall be allowed to drain or flow into
				  waters of the state except:
1. salt water may
				  be disposed of in normally saline waters, tidally affected waters, brackish
				  waters or other waters unsuitable for human consumption or agricultural
				  purposes. Where quality of receiving waters is not clearly brackish, saline or
				  tidally affected, or unsuitable for human consumption or agricultural purposes,
				  individual judgment shall be rendered by the Stream Control Commission;
				  and
2. as further provided under
				  the applicable rules and regulations of the Department of
				  Conservation.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 21 - Clean Water State Revolving Fund › Subchapter A - Clean Water State Revolving Fund › Section IX-2101 - Introduction to the Clean Water State Revolving Fund (CWSRF)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The 1972
					 amendments to the Federal Water Pollution Control Act of 1956, commonly
					 referred to as the Clean Water Act, provided for a strong federal role in the
					 construction of publicly owned wastewater treatment works by increasing the
					 level of federal aid and expanding the federal grant share to 75 percent in an
					 effort to increase the pace of wastewater treatment facility construction and
					 eliminate the backlog of needed facilities. Congress intended that states and
					 municipalities eventually assume full responsibility for financing, building,
					 operating, maintaining, and replacing their treatment facilities.
B. The 1977 amendments to the Clean Water Act
					 began shifting responsibility to state and local governments by authorizing the
					 U.S. Environmental Protection Agency (EPA) to delegate most of its construction
					 grants management functions to the states. The 1981 amendments further reduced
					 the federal role by reducing the annual federal authorization by half, reducing
					 the federal grant share, narrowing the eligible funding categories, and
					 reducing the eligible treatment capacity to that required to meet existing
					 needs.
C. The 1987 amendments to
					 the Clean Water Act set forth a schedule and mechanism for completing the
					 transition to full state and municipal responsibility. The EPA continued to
					 have the authority to allot funds to states for the award of grants to
					 municipalities to construct wastewater treatment facilities through Federal
					 Fiscal Year (FY) 1990. A new authority was created in the amendments that
					 allowed EPA to make grants to capitalize clean water state revolving funds
					 (CWSRF)s, the primary purpose of which is to provide loans and other financial
					 assistance to municipalities for the construction of wastewater treatment
					 facilities. Beginning in FY 1987, states were able to exercise an option to use
					 a portion of their annual construction grants allotments for the capitalization
					 of CWSRFs. The last year in which funds were appropriated for direct project
					 funding through construction grants was FY 1990. Separate appropriations for
					 CWSRF capitalization grants were authorized from FY 1989-FY 1994. Although
					 Congress has continued to provide funding beyond FY 1994 at its discretion, the
					 funding for CWSRFs may stop.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2011(D)(1).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 21 - Clean Water State Revolving Fund › Subchapter A - Clean Water State Revolving Fund › Section IX-2103 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Act 349 of the
					 1986 Regular Session of the Louisiana Legislature enacted
					 R.S.
					 30:2011(D)(4), 2074(A)(4)
					 and (B)(6), and 2078 relative to the Louisiana Environmental Quality Act. Those
					 subsections were amended by Act 296 in the 2010 Regular Session of the
					 Louisiana Legislature. Together, Acts 349 and 296 established the CWSRF;
					 authorized the administrative authority of the Department of Environmental
					 Quality to apply for and accept certain grants for the CWSRF; provided for
					 matching funds; required that money received through such grants and state
					 matching funds be deposited into the CWSRF; provided for the use,
					 capitalization, investment, and disposition of the funds; provided for an
					 exemption to certain public bond trust restrictions; and provided for related
					 matters.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2011(D)(1).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 21 - Clean Water State Revolving Fund › Subchapter A - Clean Water State Revolving Fund › Section IX-2107 - Eligibility for Participation in Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Loans may be made only to
eligible
					 recipients
as defined in LAC 33:IX.2105 for the construction of
wastewater facilities
as defined in LAC 33:IX.2105 necessary
					 to serve the population designated in the approved planning area for the
municipality
as defined in LAC 33:IX.2105, or to an
applicant
as defined in LAC 33:IX.2105 to implement an
					 approved nonpoint source management plan. Loans to applicants may be used to
					 develop and implement estuary conservation and management plans.
B. Not every
cost
as defined
					 in LAC 33:IX.2105 associated with an applicant's wastewater treatment project
					 may be an
allowable cost
as defined in LAC 33:IX.2105 for loan
					 participation. Allowable cost determinations are based on applicable law and
					 regulations. Allowable costs may include those listed in LAC 33:IX.2121 of
					 these rules and regulations.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2011(D)(1).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 21 - Clean Water State Revolving Fund › Subchapter A - Clean Water State Revolving Fund › Section IX-2109 - Priority System

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state's
priority system
as defined in LAC 33:IX.2105 and the criteria
					 contained therein will be used to generate an annual project priority list. The
					 project priority list will consist of an ordered listing of all projects
					 submitted by applicants that qualify for participation in the CWSRF
					 program.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2011(D)(1).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 21 - Clean Water State Revolving Fund › Subchapter A - Clean Water State Revolving Fund › Section IX-2111 - Application Process for Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Any potential applicant applying for a project loan shall first submit a
					 completed preapplication form and associated documentation to the department.
					 All qualified projects for which a preapplication is submitted shall be
					 included on the next fiscal year's project priority list in accordance with the
					 S.T.E.T. priority system.
B.
					 Applicants selected by the department to be tentatively funded for loan
					 assistance in the current fiscal year shall be notified in writing.
C. An applicant notified by the department
					 for tentative funding shall submit a completed application package to the
					 department for review and approval. The contents of the application shall be
					 consistent with the information detailed in the preapplication form. The
					 application package shall include all application forms and schedules required
					 by the department and documents necessary to demonstrate the necessity, and
					 benefits, and costs associated with the project. Supporting documents may
					 include, but are not limited to, the following:
1. feasibility studies, engineering reports,
					 and environmental impact evaluations required by LAC 33:IX.2125;
2. project plans and
					 specifications;
3. financial
					 information (possibly including project schedules, financial audits, copies of
					 ordinances, State Bond Commission approval, and other required forms);
					 and
4. other documents that may be
					 deemed necessary by the department.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 21 - Clean Water State Revolving Fund › Subchapter A - Clean Water State Revolving Fund › Section IX-2113 - Loans

Current through Register Vol. 50, No. 6, June 20, 2024
A. Loans shall be
					 made only to eligible applicants that:
1. meet
					 the requirements of
financial capability
as defined in LAC
					 33:IX.2105 set by the department to assure sufficient revenues to operate and
					 maintain the facility for its useful life and to repay the loan;
2. possess an acceptable source of revenue
					 for repayment of the loan. Acceptable sources of revenue for municipalities may
					 include
charges
as defined in LAC 33:IX.2105, sales taxes,
					 property taxes, other sources of revenue that may be legally dedicated, and
					 revenue that is deemed acceptable by the department;
3. agree to operate and maintain the
					 wastewater facility so that the facility will function properly over the design
					 life of the facility, which shall not be less than the term of the
					 loan;
4. agree to properly maintain
					 financial records, to allow an audit of the project's financial records by a
					 certified public accountant, and to make these records available to the
					 department upon request;
5. provide
					 a written assurance, signed by an attorney, that the applicant has proper
					 title, easement and right-of-way to the property upon or through which the
					 project is to be constructed or extended; and
6. agree to provide a written notice to the
					 department of completion of the project; and
7. ensure that the expenditure of funds by
					 loan recipients for
construction
as defined in LAC 33:IX.2105
					 or other eligible project costs shall begin within six months after entering
					 into a binding commitment or on a more stringent time frame as may be required
					 by financing agreements. Failure by the loan recipient to start the expenditure
					 of funds within one year after entering into a binding commitment will result
					 in the withdrawal of all financial assistance from the CWSRF.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 21 - Clean Water State Revolving Fund › Subchapter A - Clean Water State Revolving Fund › Section IX-2115 - Project Construction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 applicant shall comply with all state and federal laws, rules and regulations
					 related to construction of the project. These items shall include, but shall
					 not be limited to:
1. public bid
					 laws;
2. procurement of
					 professional services;
3.
					 procurement of construction contractor;
4. Davis-Bacon Act (40 U.S.C. §
													3141  et
					 seq.) and related acts (if applicable);
5. performance and payment
bonds
as defined in LAC 33:IX.2105;
6. noncompetitive procurement; and
7. civil rights act.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 21 - Clean Water State Revolving Fund › Subchapter A - Clean Water State Revolving Fund › Section IX-2117 - Events of Default and Remedies

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The provisions for events of default and remedies will be specified in the loan
					 agreement and indentures specifically for each individual loan
					 recipient.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2011(D)(1).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 21 - Clean Water State Revolving Fund › Subchapter A - Clean Water State Revolving Fund › Section IX-2119 - Miscellaneous

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
					 shall have an annual audit conducted of the fiscal operation of the CWSRF for
					 submission to the governor and the legislature.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2011(D)(1).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 21 - Clean Water State Revolving Fund › Subchapter A - Clean Water State Revolving Fund › Section IX-2121 - Allowable Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Allowable costs
as defined in LAC 33:IX.2105 may include, but
					 may not be limited to, the following:
1. costs
					 of salaries, benefits, and expendable material the applicant incurs for the
					 project;
2. costs under
					 construction contracts;
3.
					 professional and consultant services;
4. facilities planning directly related to a
					 treatment works;
5. sewer system
					 evaluation;
6. project feasibility
					 and engineering reports;
7. costs
					 of complying with the National Environmental Policy Act, including costs of
					 public notices and hearings;
8.
					 preparation of construction drawings, specifications, estimates, and
					 construction contract documents;
9.
					 landscaping;
10. removal and
					 relocation or replacement of utilities, for which the applicant is legally
					 obligated to pay;
11. materials
					 acquired, consumed, or expended specifically for the project;
12. a reasonable inventory of laboratory
					 chemicals and/or other supplies necessary to initiate operation of the
					 project;
13. start-up services for
					 new treatment works, in accordance with guidance issued by the
					 department;
14. project
					 identification signs, if necessary;
15. development of a municipal pre-treatment
					 program and purchase of monitoring equipment and construction of facilities to
					 be used by the municipal treatment works in the pre-treatment program;
					 and
16. costs of complying with
					 procurement requirements.
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-2311 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. Scope of the
				  LPDES Permit Requirement
1. The LPDES program
				  requires permits for the discharge of pollutants from any point source into
				  waters of the state. The terms pollutant, point source, and waters of the state
				  are defined in LAC 33:IX.2313.
2.
				  The permit program established under LAC 33:IX.Chapters 23-29 also applies to
				  owners or operators of any treatment works treating domestic sewage, whether or
				  not the treatment works is otherwise required to obtain an LPDES permit in
				  accordance with Paragraph A.1 of this Section, unless all requirements
				  implementing Section 405(d) of the CWA applicable to the treatment works
				  treating domestic sewage are included in a permit issued under the appropriate
				  provisions of Subtitle C of the Solid Waste Disposal Act, Part C of the Safe
				  Drinking Water Act, the Marine Protection, Research, and Sanctuaries Act of
				  1972, or the Clean Air Act, or under state permit programs approved by the
				  administrator as adequate to assure compliance with Section 405 of the
				  CWA.
3. The state administrative
				  authority may designate any person subject to the standards for sewage sludge
				  use and disposal as a treatment works treating domestic sewage as defined in
				  LAC 33:IX.2313, where he or she finds that a permit is necessary to protect
				  public health and the environment from the adverse effects of sewage sludge or
				  to ensure compliance with the technical standards for sludge use and disposal
				  developed under CWA Section 405(d) Any person designated as a treatment works
				  treating domestic sewage shall submit an application for a permit under LAC
				  33:IX.2501 within 180 days of being notified by the state administrative
				  authority that a permit is required. The state administrative authority's
				  decision to designate a person as a treatment works treating domestic sewage
				  under this Paragraph shall be stated in the fact sheet or statement of basis
				  for the permit.
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-2319 - Effect of a Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Except for any toxic effluent standards
				  and prohibitions imposed under
				  Section
				  307 of the CWA and standards for
				  sewage sludge use or disposal under 405(d) of the CWA, compliance with a permit
				  during its term constitutes compliance, for purposes of enforcement, with
				  Sections 301, 302, 306, 307, 318, 403, and 405 (a)-(b) of the CWA. However, a
				  permit may be modified, revoked and reissued, or terminated during its term for
				  cause as set forth in LAC 33:IX.2903, 2907, and 6509.
2. Compliance with a permit condition which
				  implements a particular standard for sewage sludge use or disposal shall be an
				  affirmative defense in any enforcement action brought for a violation of that
				  standard for sewage sludge use or disposal pursuant to Sections 405(e) of the
				  CWA.
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-2321 - Continuation of Expiring Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  When DEQ is the permit-issuing authority, the conditions of an expired permit
				  continue in force under
				  R.S.
				  30:2023(C),
				  R.S.
				  49:961(B), and LAC
				  33:IX.2301.D.4 until the effective date of a new permit (see LAC 33:IX.3123)
				  if:
1. the permittee has submitted a timely
				  application under LAC 33:IX.2501 which is a complete (under LAC 33:IX.2501.E)
				  application for a new permit; and
2. the state administrative authority,
				  through no fault of the permittee does not issue a new permit with an effective
				  date under LAC 33:IX.3123 on or before the expiration date of the previous
				  permit (for example, when issuance is impracticable due to time or resource
				  constraints).
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-2323 - Confidentiality of Information

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Claims of confidentiality for the following information will be denied:
1. the name and address of any permit
				  applicant or permittee;
2. permit
				  applications, permits, and effluent data.