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-303 - Permit Application Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person desiring to obtain a LWDPS
					 permit from the department shall make application on forms prescribed by the
					 department and shall submit such information as required in LAC 33:IX.303.E
					 below. Such person shall submit any reasonable additional information deemed
					 necessary by the department to complete or correct deficiencies in the
					 application before processing of the application will be completed. No
					 application shall be deemed complete and ready for disposition until all
					 reasonable additional information has been supplied. A site visit by department
					 personnel shall be required if determined to be necessary by the department.
					 The department shall not make a final determination on any application until
					 such time as the applicant has supplied the requested information and otherwise
					 corrected any deficiencies.
B. All
					 applications and supporting documents shall be filed in triplicate with the
					 department.
C. Applicants shall
					 keep records of all data used to complete permit applications for a period of
					 at least five years from the date the application is signed.
D. A person discharging waste from more than
					 one facility or activity shall file a separate application for each one. A
					 single application may be filed for multiple outfalls discharging from a single
					 facility or activity, however the discharge from each outfall shall be
					 described separately in the application.
E. All applicants for a LWDPS permit shall
					 provide the following information to the Office of Environmental Services using
					 the application form provided by the department, unless the department
					 determines that such information is not required for applicant's facility or
					 activity:
1. name, mailing address, and
					 street location of the facility for which the application is
					 submitted;
2. the operator's name,
					 address, telephone number, ownership status, including the name and address of
					 the owner, if different, and status as federal, state, private, public, or
					 other entity;
3. name of
					 applicant's parent corporation(s);
4. a brief description of the nature of the
					 business, including the activities conducted by the applicant which require it
					 to obtain a permit;
5. up to four
					 Standard Industrial Classification (SIC) codes which best reflect the principal
					 products or services provided by the facility;
6. a listing of all DEQ and EPA permits for
					 the facility received or applied for by the applicant or its parent
					 corporation;
7. the location of all
					 sites, excluding temporary storage bins, involved in the storage of solid or
					 liquid waste at the facility for which the application is being made; and, the
					 method of ultimate disposal for solid or liquid waste generated by the
					 facility;
8. a topographic map (or
					 other map if a topographic map is unavailable) drawn to a reasonable scale and
					 extending not less than 1 mile beyond the property boundaries of the site,
					 depicting the facility and each of its intake and discharge structures; each of
					 its hazardous waste treatment, storage, or disposal facilities; each well where
					 fluids from the facility are injected underground; and when deemed necessary by
					 the department, those wells, springs, other surface water bodies, and drinking
					 water wells listed in public records or otherwise known by the applicant to be
					 in the map area;
9. for each
					 discharge outlet:
a.
i. the latitude and longitude to the nearest
					 second [or if this information is unavailable to at least the nearest 15
					 seconds];
ii. the Section,
					 Township, and Range information or other means, acceptable to the department,
					 to locate each discharge outlet; and
iii. the name of the immediate receiving
					 water body and river mile point where applicable;
b. when the discharge is to an unnamed
					 receiving water, the first named water, and the approximate distance thereto,
					 shall be indicated;
10.
					 a line drawing of the water flow through the facility with a water balance
					 showing operations contributing wastewater to the effluent and treatment units.
					 Similar processes, operations, or production areas may be indicated as a single
					 unit, labeled to correspond to the more detailed identification under LAC
					 33:IX.303.E.13. The water balance must show approximate average flows at intake
					 and discharge points and between units, including treatment units. If a water
					 balance cannot be determined (for example, for certain mining activities), the
					 applicant may provide instead a pictorial description of the nature and amount
					 of any sources of water and any collection and treatment measures;
11. a narrative identification of each type
					 of process, operation, or production area which contributes wastewater to the
					 effluent for each outlet, including process wastewater, cooling water, sewage,
					 and storm water runoff (including material storage area runoff); the average
					 flow which each wastewater contributes; and a description of the treatment, if
					 any, each wastewater receives, including the ultimate disposal of any solid or
					 fluid wastes other than by discharge. Information may also be required
					 concerning raw waste loads and efficiencies of treatment systems. Processes,
					 operations or production areas may be described in general terms (for example,
					 "dye-making reactor," "distillation tower"):
a. for a privately owned treatment works
					 receiving waste from off-site users, this information shall include the
					 identity and type of operation of each user of the treatment works. If wastes
					 received by such a privately owned treatment works are limited to sanitary
					 wastes, the number and types of units to be tied into the system shall be
					 indicated. All publicly owned treatment works shall include the identity and
					 type of operation of each user of the treatment works whose discharge may not
					 be adequately treated by the treatment works;
12. a description of the frequency duration
					 and flow rate of each discharge occurrence (except for storm water runoff,
					 spillage, or leaks), if any of the discharges described in LAC 33:IX.303.E.13
					 are intermittent or seasonal;
13. a
					 reasonable measure of the applicant's actual production reported in the units
					 used in the applicable effluent guideline, if an effluent guideline applies to
					 the applicant and is expressed in terms of production (or other measure of
					 operation). A reasonable measure of actual production may be production during
					 the high month of the previous year, or the monthly average for the highest of
					 the previous five years. For new sources or new discharges, actual production
					 may be estimated using projected production. The time period of the measure of
					 production should correspond to the time period of the calculated permit
					 limitations; for example, monthly production should be used to calculate
					 average monthly discharge limitations;
14. if the applicant is subject to any
					 present requirements or compliance schedules for construction, upgrading or
					 operation of waste treatment equipment, an identification of the abatement
					 requirement, a description of the abatement project, and a listing of the
					 required and projected final compliance dates;
15. an applicant is expected to know or have
					 reason to believe that a pollutant is present in an effluent based on an
					 evaluation of the expected use, production, or storage of the pollutant, or on
					 any previous analyses for the pollutant. Analyses should be made using methods
					 approved by the department:
a. each applicant
					 must report quantitative data for every outfall for the following pollutants:
i. oil and grease;
ii. biochemical oxygen demand
					 (BOD5);
iii.
					 chemical oxygen demand;
iv. total
					 organic carbon;
v. total suspended
					 solids;
vi. ammonia (as
					 N);
vii. temperature (both winter
					 and summer);
viii. pH;
ix. sulfates;
x. total dissolved solids;
xi. chlorides;
b. each applicant with processes in one or
					 more primary industry category (see LAC 33:IX.319.Appendix A) contributing to a
					 discharge must report quantitative data for the following pollutants in each
					 outfall containing process wastewater:
i. the
					 organic toxic pollutants in the fractions designated in Table I of LAC
					 33:IX.325.Appendix D for the applicant's industrial category or categories.
					 Table II of LAC 33:IX.325.Appendix D lists the organic toxic pollutants in each
					 fraction. The fractions result from the sample preparation required by the
					 analytical procedure which uses gas chromatography/mass spectrometry. A
					 determination that an applicant falls within a particular industrial category
					 for the purposes of selecting fractions for testing is not conclusive as to the
					 applicant's inclusion in that category for any other purposes;
ii. the pollutants listed in Table III of LAC
					 33:IX.325.Appendix D (the toxic metals, cyanide, and total phenols);
c. each applicant must report for
					 each outfall quantitative data for the following pollutants, if the applicant
					 knows or has reason to believe that the pollutant is discharged from the
					 outfall:
i. all pollutants listed in Table II
					 or Table III of LAC 33:IX.325.Appendix D (the toxic pollutants) for which
					 quantitative data is not otherwise required;
ii. all pollutants in Table IV of LAC
					 33:IX.325.Appendix D (certain conventional and nonconventional
					 pollutants);
d. each
					 applicant must indicate whether he knows or has reason to believe that any of
					 the pollutants in Table V of LAC 33:IX.325.Appendix D (certain hazardous
					 substances and asbestos) is discharged from each outfall. For every pollutant
					 expected to be discharged, the applicant must briefly describe the reasons the
					 pollutant is expected to be discharged, and report any quantitative data it has
					 for any pollutant;
e. each
					 applicant must report qualitative data, generated using a screening procedure
					 not calibrated with analytical standards for
					 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if it:
i. uses or manufactures
					 2,4,5-trichlorophenoxy acetic acid (2,4,5,-T); 2-(2,4,5-trichlorophenoxy)
					 propanoic acid (Silvex, 2,4,5,-TP); 2-(2,4,5-trichlorophenoxy) ethyl,
					 2,2-dichloropropionate (Erbon); 0,0-dimethyl 0-(2,4,5-trichlorophenyl)
					 phosphorothioate (Ronnel); 2,4,5-trichlorophenol (TCP); or hexachlorophene
					 (HCP); or
ii. knows or has reason
					 to believe that TCDD is or may be present in an effluent;
f. the requirements in LAC 33:IX.303.E.15.c
					 and d of this Section that an applicant must provide quantitative data for
					 certain pollutants known or believed to be present does not apply to pollutants
					 present in a discharge solely as the result of their presence in intake water;
					 however, an applicant must report such pollutants as present;
g. at the applicant's request, the
					 administrative authority may waive the reporting requirements for one or more
					 of the pollutants listed in LAC 33:IX.303.E.15.a-e of this Section.
					 Additionally, at the applicant's request, the administrative authority may
					 authorize the substitution of alternative pollutants in the analysis and
					 reporting requirements of LAC 33:IX.303.E.15.a-e;
h. each applicant should report any pollutant
					 listed in LAC 33:I.3931 (Reportable Quantity List of Pollutants) of the
					 Notification Regulations and Procedures for Unauthorized Discharges;
16. if a contract laboratory or
					 consulting firm performed any of the analyses required by LAC 33:IX.303.E.15,
					 the identity of each laboratory or firm and the analyses performed;
17. a listing of any toxic pollutant which
					 the applicant currently uses or manufactures as an intermediate, feedstock,
					 final product, or byproduct. The administrative authority may waive or modify
					 this requirement for any applicant if the applicant demonstrates that it would
					 be unduly burdensome to identify each toxic pollutant and the administrative
					 authority has adequate information to issue the permit;
18. an identification of any biological
					 toxicity tests which the applicant knows or has reason to believe have been
					 made within the last three years on any of the applicant's discharges or on a
					 receiving water in relation to a discharge;
19. a report of the history of water
					 violations and enforcement actions for that facility (including, but not
					 limited to, a summary of permit excursions for the last two years,
					 administrative orders, compliance orders, notices of violation, cease and
					 desist orders and any other enforcement actions either already resolved or
					 still pending). The department may choose, at its discretion, to require a more
					 in-depth report of violations and compliance for the applicant himself/herself
					 covering any law, permit, or order concerning pollution;
20. a discussion of feasible alternative
					 treatment methods, including no discharge, and reasons why those methods were
					 not chosen;
21. in addition to the
					 information reported on the application form, applicants shall provide such
					 other information as may reasonably be required to assess the discharges of the
					 facility and to determine whether to issue a permit. The additional information
					 may include quantitative data and bioassays to assess the relative toxicity to
					 aquatic life of the discharges and requirements to determine the cause of
					 toxicity.