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-6119 - Development and Submission of NPDES State Pretreatment Programs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Approval of
				  State Programs. No state NPDES program shall be approved under Section 402 of
				  the Act after the effective date of these regulations unless it is determined
				  to meet the requirements of Subsection F of this Section. Notwithstanding any
				  other provision of this Regulation, a state will be required to act upon those
				  authorities which it currently possesses before the approval of a state
				  pretreatment program.
B.
				  Reserved.
C. Failure to Request
				  Approval. Failure of an approved State to administer its state pretreatment
				  program in accordance with the requirements of this Section constitutes grounds
				  for withdrawal of NPDES program approval under Section 402(c)(3) of the
				  Act.
D. Reserved.
E. State Program In Lieu of POTW Program.
				  Notwithstanding the provision of LAC 33:IX.6115.A, a state with an approved
				  pretreatment program may assume responsibility for implementing the POTW
				  pretreatment program requirements set forth in LAC 33:IX.6115.F in lieu of
				  requiring the POTW to develop a pretreatment program. However, this does not
				  preclude POTWs from independently developing pretreatment programs.
F. State Pretreatment Program Requirements.
				  In order to be approved, a request for state pretreatment program approval must
				  demonstrate that the state pretreatment program has the following elements.
1. Legal Authority. The attorney general's
				  statement submitted in accordance with Subparagraph G.1.a of this Section shall
				  certify that the state administrative authority has authority under state law
				  to operate and enforce the state pretreatment program to the extent required by
				  this Chapter and by
				  40 CFR
				  123.27. At a minimum, the state
				  administrative authority shall have the authority to:
a. incorporate POTW pretreatment program
				  conditions into permits issued to POTWs; require compliance by POTWs with these
				  incorporated permit conditions; and require compliance by industrial users with
				  pretreatment standards;
b. ensure
				  continuing compliance by POTWs with pretreatment conditions incorporated into
				  the POTW permit through review of monitoring reports submitted to the state
				  administrative authority by the POTW in accordance with LAC 33:IX.6123 and
				  ensure continuing compliance by industrial users with pretreatment standards
				  through the review of self-monitoring reports submitted to the POTW or to the
				  state administrative authority by the industrial users in accordance with LAC
				  33:IX.6123;
c. carry out
				  inspection, surveillance and monitoring procedures which will determine,
				  independent of information supplied by the POTW, compliance or noncompliance by
				  the POTW with pretreatment conditions incorporated into the POTW permit; and
				  carry out inspection, surveillance and monitoring procedures which will
				  determine, independent of information supplied by the industrial user, whether
				  the industrial user is in compliance with pretreatment standards;
d. seek civil and criminal penalties, and
				  injunctive relief, for noncompliance by the POTW with pretreatment conditions
				  incorporated into the POTW permit and for noncompliance with pretreatment
				  standards by industrial users as set forth in LAC 33:IX.6123.F.1.f. The state
				  administrative authority shall have authority to seek judicial relief for
				  noncompliance by industrial users even when the POTW has acted to seek such
				  relief (e.g., if the POTW has sought a penalty which the state administrative
				  authority finds to be insufficient);
e. approve and deny requests for approval of
				  POTW pretreatment programs submitted by a POTW to the state administrative
				  authority;
f. deny and recommend
				  approval of (but not approve) requests for fundamentally different factors
				  variances submitted by industrial users in accordance with the criteria and
				  procedures set forth in LAC 33:IX.6125; and
g. approve and deny requests for authority to
				  modify categorical pretreatment standards to reflect removals achieved by the
				  POTW in accordance with the criteria and procedures set forth in LAC
				  33:IX.6113, 6117, and 6121.