reglab/statecodes huggingface dataset:
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-6129 - Net/Gross Calculation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Application. Categorical pretreatment standards may be adjusted to reflect the
				  presence of pollutants in the industrial user's intake water in accordance with
				  this Section. Any industrial user wishing to obtain credit for intake
				  pollutants must make application to the control authority. Upon request of the
				  industrial user, the applicable standard will be calculated on a "net" basis
				  (i.e., adjusted to reflect credit for pollutants in the intake water), if the
				  requirements of Subsection B of this Section are met.
B. Criteria
1. Calculations shall be done on a net basis
				  if:
a. the applicable categorical
				  pretreatment standards contained in 40 CFR Subchapter N specifically provide
				  that the standards shall be applied on a net basis; or
b. the industrial user demonstrates that the
				  control system it proposes or uses to meet applicable categorical pretreatment
				  standards would, if properly installed and operated, meet the standards in the
				  absence of pollutants in the intake waters.
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-6131 - Upset Provision

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definition.
				  For the purposes of this Section,
upset
means an exceptional
				  incident in which there is unintentional and temporary noncompliance with
				  categorical pretreatment standards because of factors beyond the reasonable
				  control of the industrial user. An upset does not including noncompliance to
				  the extent cause by operational error, improperly designed treatment
				  facilities, inadequate treatment facilities, lack of preventive maintenance, or
				  careless or improper operation.
B.
				  Effect of an Upset. An upset shall constitute an affirmative defense to a
				  action brought for noncompliance with categorical pretreatment standards if the
				  requirements of Subsection C of this Section are met.
C. Conditions Necessary for a Demonstration
				  of Upset. An industrial user who wishes to establish the affirmative defense of
				  upset shall demonstrate, through properly signed, contemporaneous operating
				  logs, or other relevant evidence that:
1. an
				  upset occurred and the industrial user can identify the cause(s) of the
				  upset;
2. the facility was at the
				  time being operated in a prudent and workmanlike manner and in compliance with
				  applicable operation and maintenance procedures;
3. the industrial user has submitted the
				  following information to the POTW and control authority within 24 hours of
				  becoming aware of the upset (if this information is provided orally, a written
				  submission must be provided within five days):
a. a description of the indirect discharge
				  and cause of noncompliance;
b. the
				  period of noncompliance, including exact dates and times or, if not corrected,
				  the anticipated time the noncompliance is expected to continue;
c. steps being taken and/or planned to reduce
				  eliminate and prevent recurrence of the noncompliance.
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-6133 - Bypass

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
Severe Property Damage
- substantial
					 physical damage to property, damage to the treatment facilities that causes
					 them to become inoperable, or substantial and permanent loss of natural
					 resources that can reasonably be expected to occur in the absence of a bypass.
					 Severe property damage does not mean economic loss caused by delays in
					 production.
B. Bypass Not
				  Violating Applicable Pretreatment Standards or Requirements. An industrial user
				  may allow any bypass to occur which does not cause pretreatment standards or
				  requirements to be violated, but only if it also is for essential maintenance
				  to assure efficient operation. These bypasses are not subject to the provision
				  of Subsections C and D of this Section.
C. Notice
1. If an industrial user knows in advance of
				  the need for a bypass, it shall submit prior notice to the control authority,
				  if possible at least 10 days before the date of the bypass.
2. An industrial user shall submit oral
				  notice of an unanticipated bypass that exceeds applicable pretreatment
				  standards to the control authority within 24 hours from the time the industrial
				  user becomes aware of the bypass. A written submission shall also be provided
				  within five days of the time the industrial user becomes aware of the bypass.
				  The written submission shall contain a description of the bypass and its cause;
				  the duration of the bypass, including exact dates and times, and, if the bypass
				  has not been corrected, the anticipated time it is expected to continue; and
				  steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
				  bypass. The control authority may waive in the written report on a case-by-case
				  basis if the oral report has been received within 24 hours.
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-6135 - Modification of POTW Pretreatment Programs

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Either the approval authority or
				  a POTW with an approved POTW pretreatment program may initiate program
				  modification at any time to reflect changing conditions at the POTW. Program
				  modification is necessary whenever there is a significant change in the
				  operation of a POTW pretreatment program that differs from the information in
				  the POTW's submission, as approved under LAC 33:IX.6121.
B. Substantial Modifications Defined
1. The following are substantial
				  modifications for purposes of this Section:
a. modifications that relax POTW legal
				  authorities (as described in LAC 33:IX.6115.F.1), except for modifications that
				  directly reflect revision to the general pretreatment regulations, LAC
				  33:IX.Chapters 61 or 49, and reported in accordance with Subsection D of this
				  Section;
b. modifications that
				  relax local limits, except for the modifications to local limits for pH and
				  reallocations of the Maximum Allowable Industrial Loading of a pollutant that
				  do not increase the total industrial loadings for the pollutant, which are
				  reported in accordance with Subsection D of this Section. Maximum Allowable
				  Industrial Loadings mean the total mass of a pollutant that all industrial
				  users of a POTW (or a subgroup of industrial users identified by the POTW) may
				  discharge in accordance with limits developed under LAC 33:IX.6109.C;
c. changes to the POTW's control mechanism,
				  as described in LAC 33:IX.6115.F.1.c;
d. a decrease in the frequency of
				  self-monitoring or reporting required of industrial users;
e. a decrease in the frequency of industrial
				  user inspections or sampling by the POTW;
f. changes to the POTW's confidentiality
				  procedures; and
g. other
				  modifications designated as substantial modifications by the approval authority
				  on the basis that the modification could have significant impact on the
				  operation of the POTW's pretreatment program, could result in an increase in
				  pollutant loadings at the POTW, or could result in less stringent requirements
				  being imposed on industrial users of the POTW.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 63 - Ocean Discharge Criteria › Section IX-6301 - Scope and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  establishes guidelines for issuance of LPDES permits for the discharge of
				  pollutants from a point source into the territorial seas, the contiguous zone,
				  and the oceans.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 63 - Ocean Discharge Criteria › Section IX-6303 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Irreparable Harm
- significant undesirable
					 effects occurring after the date of permit issuance which will not be reversed
					 after cessation or modification of the discharge.
Marine Environment
- territorial seas, the
					 contiguous zone and the oceans.
Mixing
Zone
- the zone
					 extending from the sea's surface to seabed and extending laterally to a
					 distance of 100 meters in all directions from the discharge point(s) or to the
					 boundary of the zone of initial dilution as calculated by a plume model
					 approved by the state administrative authority, whichever is greater, unless
					 the state administrative authority determines that the more restrictive mixing
					 zone or another definition of the mixing zone is more appropriate for a
					 specific discharge.
No Reasonable Alternatives
-
1. no land-based disposal sites, discharge point(s) within
					 internal waters, or approved ocean dumping sites within a reasonable distance
					 of the site of the proposed discharge the use of which would not cause
					 unwarranted economic impacts on the discharger, or, notwithstanding the
					 availability of such sites;
2. on-site disposal is environmentally preferable to other
					 alternative means of disposal after consideration of:
a. the relative environmental harm of disposal on-site, in
					 disposal sites located on land, from discharge point(s) within internal waters,
					 or in approved ocean dumping sites; and
b. the risk to the environment and human safety posed by
						the transportation of the pollutants.
Unreasonable Degradation of the Marine
						Environment
-
1. significant adverse changes in ecosystem diversity,
						productivity and stability of the biological community within the area of
						discharge and surrounding biological communities;
2. threat to human health through direct exposure to
						pollutants or through consumption of exposed aquatic organisms; or
3. loss of esthetic, recreational, scientific or economic
						values which is unreasonable in relation to the benefit derived from the
						discharge.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 63 - Ocean Discharge Criteria › Section IX-6305 - Determination of Unreasonable Degradation of the Marine Environment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state
				  administrative authority shall determine whether a discharge will cause
				  unreasonable degradation of the marine environment based on consideration of:
1. the quantities, composition and potential
				  for bioaccumulation or persistence of the pollutants to be
				  discharged;
2. the potential
				  transport of such pollutants by biological, physical or chemical
				  processes;
3. the composition and
				  vulnerability of the biological communities which may be exposed to such
				  pollutants, including the presence of unique species or communities of species,
				  the presence of species identified as endangered or threatened pursuant to the
				  Endangered Species Act, or the presence of those species critical to the
				  structure or function of the ecosystem, such as those important for the food
				  chain;
4. the importance of the
				  receiving water area to the surrounding biological community, including the
				  presence of spawning sites, nursery/forage areas, migratory pathways, or areas
				  necessary for other functions or critical stages in the life cycle of an
				  organism;
5. the existence of
				  special aquatic sites including, but not limited to marine sanctuaries and
				  refuges, parks, national and historic monuments, national seashores, wilderness
				  areas and coral reefs;
6. the
				  potential impacts on human health through direct and indirect
				  pathways;
7. existing or potential
				  recreational and commercial fishing, including finfishing and
				  shellfishing;
8. any applicable
				  requirements of an approved Coastal Zone Management plan;
9. such other factors relating to the effects
				  of the discharge as may be appropriate;
10. marine water quality criteria developed
				  pursuant to Section 304(a)(1) of the Act.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 63 - Ocean Discharge Criteria › Section IX-6307 - Permit Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				  state administrative authority on the basis of available information including
				  that supplied by the applicant pursuant to LAC 33:IX.6309 determines prior to
				  permit issuance that the discharge will not cause unreasonable degradation of
				  the marine environment after application of any necessary conditions specified
				  in LAC 33:IX.6307.D, he may issue a LPDES permit containing such
				  conditions.
B. If the state
				  administrative authority, on the basis of available information including that
				  supplied by the applicant pursuant to LAC 33:IX.6309 determines prior to permit
				  issuance that the discharge will cause unreasonable degradation of the marine
				  environment after application of all possible permit conditions specified in
				  LAC 33:IX.6307.D, he may not issue a LPDES permit which authorizes the
				  discharge of pollutants.
C. If the
				  state administrative authority has insufficient information to determine prior
				  to permit issuance that there will be no unreasonable degradation of the marine
				  environment pursuant to LAC 33:IX.6305, there shall be no discharge of
				  pollutants into the marine environment unless the state administrative
				  authority on the basis of available information, including that supplied by the
				  applicant pursuant to LAC 33:IX.6309 determines that:
1. such discharge will not cause irreparable
				  harm to the marine environment during the period in which monitoring is
				  undertaken; and
2. there are no
				  reasonable alternatives to the on-site disposal of these materials;
				  and
3. the discharge will be in
				  compliance with all permit conditions established pursuant to Subsection D of
				  this Section.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 63 - Ocean Discharge Criteria › Section IX-6309 - Information Required to be Submitted by Applicant

Current through Register Vol. 50, No. 6, June 20, 2024
A. The applicant is responsible for providing
				  information which the state administrative authority may request to make the
				  determination required by this Chapter. The state administrative authority may
				  require the following information as well as any other pertinent information:
1. an analysis of the chemical constituents
				  of any discharge;
2. appropriate
				  bioassays necessary to determine the limiting permissible concentrations for
				  the discharge;
3. an analysis of
				  initial dilution;
4. available
				  process modifications which will reduce the quantities of pollutants which will
				  be discharged;
5. analysis of the
				  location where pollutants are sought to be discharged, including the biological
				  community and the physical description of the discharge facility;
6. evaluation of available alternatives to
				  the discharge of the pollutants including an evaluation of the possibility of
				  land-based disposal or disposal in an approved ocean dumping site.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 65 - Additional Requirements Applicable to the LPDES Program › Section IX-6501 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				  the requirements in LAC 33:IX.Chapters 23-63, the conditions of this Chapter
				  will apply to the LPDES program.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 65 - Additional Requirements Applicable to the LPDES Program › Section IX-6503 - Request for Nondisclosure of Confidential Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Maintenance of Confidential Information.
				  In accordance with
				  R.S.
				  30:2030 and
				  30:2074(D),
				  the following shall apply to all requests for nondisclosure of confidential
				  information.
1. Information determined to be
				  confidential by the department shall be segregated from any information
				  determined to be nonconfidential, provided in cases where confidential
				  information cannot be reasonably extracted or separated from nonconfidential
				  information, the whole document shall be confidential. Confidential information
				  shall be maintained in a locked file separate from nonconfidential information.
				  The file shall be labeled "confidential," with access appropriately
				  controlled.
2. Any person who seeks
				  authorization to information that has been determined confidential must qualify
				  under
				  R.S
				  30:2030(A)(2) and be duly
				  authorized by the administrative authority. The administrative authority shall
				  make the determination to grant such authorization based on a request by such
				  person. The administrative authority may request in writing the requestor's
				  name, affiliation, and the need for access to the information based on the act
				  or applicable federal or state law. Any person authorized under
				  R.S.
				  30:2030(A)(2) who gains
				  access to a confidential file shall sign an access log that indicates his
				  understanding of the confidential status and his responsibility to protect the
				  information from being disclosed to the public. The person shall also indicate
				  in the access log which file was removed, the date and time the file was
				  removed, the affiliation of the person, if not with the department, and the
				  time and date the file was returned.
3. Except for members of the department
				  staff, authorized persons shall review a confidential file under the
				  supervision of a department staff member. Confidential information shall be
				  removed from the file no longer than is strictly necessary.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 65 - Additional Requirements Applicable to the LPDES Program › Section IX-6505 - Additional LPDES Permit Application Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to the requirements in LAC
				  33:IX.2501.F, all applicants shall provide the following information to the
				  administrative authority using the application form provided by the department,
				  unless the department determines that such information is not required for the
				  applicant's facility or activity:
1. the
				  street location of the facility for which the application is submitted;
				  and
2. the name and address of the
				  owner, if different from the operator.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 65 - Additional Requirements Applicable to the LPDES Program › Section IX-6507 - Enforcement Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department may take enforcement action as prescribed by state law or regulation
				  against any person who:
1. fails to submit an
				  application as required by law;
2.
				  knowingly makes any false statement, representation, or certification in any
				  application, record, report, or other documents filed with the department
				  pursuant to the act or these regulations. Violations of this provision may
				  subject the violator to the penalties provided for in the act for perjury or
				  false statements;
3. fails to
				  correct deficiencies in the application; or upon becoming aware that any
				  relevant facts or information were omitted in a permit application or in any
				  report to the department, fails to promptly submit such facts or
				  information;
4. fails to take
				  necessary action(s) to complete permit issuance such as payment of fees or
				  publication of required notices;
5.
				  fails to comply with any condition of the permit; or
6. fails to pay applicable fees under the
				  provisions of LAC 33:IX.Chapter 13.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 65 - Additional Requirements Applicable to the LPDES Program › Section IX-6509 - Additional Requirements for Permit Renewal and Termination

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  are causes, in addition to those found in LAC 33:IX.2907, for terminating a
				  permit during its term or for denying a permit renewal:
1. failure to pay applicable fees under the
				  provisions of LAC 33:IX.Chapter 13;
2. due consideration of the facility's
				  history of violations and compliance;
3. change of ownership or operational control
				  (see LAC 33:IX.2901); and/or
4.
				  failure to provide or maintain financial security in accordance with LAC
				  33:IX.Chapter 67.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 65 - Additional Requirements Applicable to the LPDES Program › Section IX-6511 - Duty to Mitigate

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition
				  to the requirements in LAC 33:IX.2701.D, the permittee shall take all
				  reasonable steps to minimize or correct any adverse impact on the environment
				  resulting from noncompliance with the permit, including such accelerated or
				  additional monitoring as necessary to determine the nature and impact of the
				  noncomplying discharge.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 65 - Additional Requirements Applicable to the LPDES Program › Section IX-6513 - Inspection and Entry

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				  the requirements in LAC 33:IX.2701.I, the permittee shall allow the
				  administrative authority or an authorized representative, upon presentation of
				  credentials and other documents as may be required by law, to:
1. enter upon the permittee's premises where
				  a discharge source is or might be located or in which monitoring equipment or
				  records required by a permit are kept for inspection or sampling purposes. Most
				  inspections will be unannounced and should be allowed to begin immediately, but
				  in no case shall begin more than 30 minutes after the time the inspector
				  presents his/her credentials and announces the purpose(s) of the inspection.
				  Delay in excess of 30 minutes shall constitute a violation of these
				  regulations. However, additional time may be granted if the inspector or the
				  administrative authority determines that the circumstances warrant such action;
				  and
2. have access to and copy any
				  records that the department or its authorized representative determines are
				  necessary for the enforcement of these regulations. For records maintained in
				  either a central or private office that is open only during normal office hours
				  and is closed at the time of inspection, the records shall be made available as
				  soon as the office is open, but in no case later than the close of business the
				  next working day.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 65 - Additional Requirements Applicable to the LPDES Program › Section IX-6515 - Monitoring and Recordkeeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				  addition to the requirements in LAC 33:IX.2701.J.3, records of monitoring
				  information shall include:
1. the time(s)
				  analyses were begun; and
2. the
				  results of all quality control procedures.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 65 - Additional Requirements Applicable to the LPDES Program › Section IX-6517 - Additional Requirements for Bypass and Upset Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bypass. In the case of an unanticipated
				  bypass, notice shall be submitted within 24 hours (LAC 33:IX.2701.M.3.b) unless
				  an earlier notice is required in
				  R.S.
				  30:2025(J).
B. Upset. Upon becoming aware of an upset,
				  notice shall be submitted within 24 hours (LAC 33:IX.2701.N.3.c) unless an
				  earlier notice is required in
				  R.S.
				  30:2025(J) and/or
				  30:2076(D).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 65 - Additional Requirements Applicable to the LPDES Program › Section IX-6519 - Fact Sheets

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition
				  to the requirements in LAC 33:IX.3111, the following information is required in
				  all fact sheets:
1. the name of the applicant
				  and location of the facility or activity; and
2. the name of the water body to which the
				  discharge is made or is proposed to be made.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 65 - Additional Requirements Applicable to the LPDES Program › Section IX-6521 - Public Notice and Availability of Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to the requirements in LAC
				  33:IX.3113, publication of the notice one time in the newspaper(s) specified by
				  the department and submission of proof of publication will be required. The
				  costs of publication shall be borne by the applicant.
B. All recorded information (completed permit
				  application forms, fact sheets, draft permits, or any public document) not
				  classified as confidential information under
				  R.S.
				  30:2030(A) and
				  30:2074(D)
				  and designated as such in accordance with these regulations (LAC 33:IX.2323 and
				  2763) shall be made available to the public for inspection and copying in
				  accordance with the Public Records Act,
				  R.S.
				  44:1 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 67 - Financial Security › Section IX-6701 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Subsection
				  shall be applicable to the following actions, for privately-owned sewage
				  treatment facilities regulated by the Public Service Commission, when taken
				  after July 1, 1999:
1. issuance of a new
				  discharge permit;
2. renewal of an
				  existing discharge permit;
3.
				  modification of an existing discharge permit; and
4. transfer of an existing discharge permit
				  to a different permittee.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 67 - Financial Security › Section IX-6705 - Amount of Required Financial Security

Current through Register Vol. 50, No. 6, June 20, 2024
A. The amount of the financial security must
				  be equal to or greater than $1 per gallon of wastewater discharge per day from
				  the facility, as determined by the administrative authority, up to a maximum of
				  $25,000.
B. The secretary may, in
				  his discretion, allow a single financial security instrument to satisfy the
				  requirements of this Chapter for up to four permits held by the same permittee,
				  if the amount of financial security provided by that instrument is large enough
				  to satisfy the requirements of Subsection A of this Section for the facility
				  with the greatest amount of wastewater discharge per day.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Sections
					 2074(B)(3) and (4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 67 - Financial Security › Section IX-6707 - Conditions for Forfeiture

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  secretary or his designee may enter an order requiring forfeiture of all or
				  part of the financial security, if he determines that:
1. the continued operation or lack of
				  operation and maintenance of the facility covered by this Subsection represents
				  a threat to public health, welfare, or the environment because the permittee is
				  unable or unwilling to adequately operate and maintain the facility or the
				  facility has been actually or effectively abandoned by the permittee. Evidence
				  justifying such determination includes, but is not limited to:
a. the discharge of pollutants exceeding
				  limitations imposed by applicable permits;
b. failure to utilize or maintain adequate
				  disinfection facilities;
c. failure
				  to correct overflows or backups from the collection system;
d. a declaration of a public health emergency
				  by the state health officer; and
e.
				  a determination by the Public Service Commission that the permittee is
				  financially unable to properly operate or maintain the system;
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 67 - Financial Security › Section IX-6709 - Use of Proceeds

Current through Register Vol. 50, No. 6, June 20, 2024
A. The proceeds
				  of any forfeiture shall be used by the secretary, or by any receiver appointed
				  by a court under
				  R.S.
				  30:2075.3, to address or correct the
				  deficiencies at the facility or to maintain and operate the system, as deemed
				  necessary by the secretary under LAC 33:IX.6707.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Sections
					 2074(B)(3) and (4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 71 - Appendices › Section IX-7101 - Appendix A-Primary Industry Categories

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any permit issued after June 30, 1981 to
				  dischargers in the following categories shall include effluent limitations and
				  a compliance schedule to meet the requirements of Section 301(b)(2)(A), (C),
				  (D), (E) and (F) of the CWA, whether or not applicable effluent limitations
				  guidelines have been promulgated. See LAC 33:IX.2707 and 2711.
Adhesives and Sealants
Aluminum Forming
Auto and Other Laundries
Battery Manufacturing
Coal Mining
Coil Coating
Copper Forming
Electrical and Electronic Components
Electroplating
Explosives Manufacturing
Foundries
Gum and Wood Chemicals
Inorganic Chemicals Manufacturing
Iron and Steel Manufacturing
Leather Tanning and Finishing
Mechanical Products Manufacturing
Nonferrous Metals Manufacturing
Ore Mining
Organic Chemicals Manufacturing
Paint and Ink Formulation
Pesticides
Petroleum Refining
Pharmaceutical Preparations
Photographic Equipment and Supplies
Plastics Processing
Plastic and Synthetic Materials Manufacturing
Porcelain Enameling
Printing and Publishing
Pulp and Paper Mills
Rubber Processing
Soap and Detergent Manufacturing
Steam Electric Power Plants
Textile Mills
Timber Products Processing
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 71 - Appendices › Section IX-7103 - Appendix B-Criteria for Determining a Concentrated Animal Feeding Operation-Reserved

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 71 - Appendices › Section IX-7105 - Appendix C-Criteria for Determining a Concentrated Aquatic Animal Production Facility

Current through Register Vol. 50, No. 6, June 20, 2024
A. A hatchery,
				  fish farm, or other facility is a concentrated aquatic animal production
				  facility for purposes of LAC 33:IX.2507 if it contains, grows, or holds aquatic
				  animals in either of the following categories:
1. cold water fish species or other cold
				  water aquatic animals in ponds, raceways, or other similar structures which
				  discharge at least 30 days per year but does not include:
a. facilities which produce less than 9,090
				  harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per
				  year; and
b. facilities which feed
				  less than 2,272 kilograms (approximately 5,000 pounds) of food during the
				  calendar month of maximum feeding;
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 71 - Appendices › Section IX-7111 - Appendix F-Incorporated Places with Populations Greater than 250,000

Current through Register Vol. 50, No. 6, June 20, 2024
According to Latest Decennial Census for the State of
					 Louisiana by the Bureau of Census
Incorporated Place New Orleans
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 71 - Appendices › Section IX-7113 - Appendix G-Incorporated Places with Populations Greater than 100,000 and Less than 250,000

Current through Register Vol. 50, No. 6, June 20, 2024
According to Latest Decennial Census for the State of
					 Louisiana by the Bureau of Census
Incorporated Place
Baton Rouge
Shreveport
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 71 - Appendices › Section IX-7115 - Appendix H-Parishes with Unincorporated Urbanized Areas with a Population of 250,000 or More

Current through Register Vol. 50, No. 6, June 20, 2024
According to the Latest Decennial Census for the State of
					 Louisiana by the Bureau of Census
No Listings for Louisiana
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 71 - Appendices › Section IX-7117 - Appendix I-Parishes with Unincorporated Urbanized Areas Greater than 100,000, But Less than 250,000

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  According to the Latest Decennial Census for the State of Louisiana by the
				  Bureau of Census
Table 1.
Unincorporated Urbanized Parish
Population
East Baton Rouge
102,539
Jefferson
140,836
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 71 - Appendices › Section IX-7121 - Appendix K-Industrial Categories Subject to National Categorical Pretreatment Standards-Reserved

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 71 - Appendices › Section IX-7123 - Appendix L-Selected Industrial Subcategories Considered Dilute for Purposes of the Combined Wastestream Formula

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following industrial subcategories
				  considered to have dilute wastestreams for purposes of the combined wastestream
				  formula. They either were or could have been excluded from categorical
				  pretreatment standards pursuant to Paragraph 8 of the Natural Resources Defense
				  Council Inc. et al v. Costle Consent Decree (the decree) for one or more of the
				  following four reasons:
1. the pollutants of
				  concern are not detectable in the effluent from the industrial user (Paragraph
				  8(a)(iii) of the decree);
2. the
				  pollutants of concern are present only in trace amounts and are neither causing
				  nor likely to cause toxic effects (Paragraph 8(a)(iii) of the
				  decree);
3. the pollutants of
				  concern are present in amounts too small to be effectively reduced by
				  technologies known to the administrator or the state administrative authority
				  (Paragraph 8(a)(iii) of the decree); or
4. the wastestream contains only pollutants
				  which are compatible with the POTW (Paragraph 8(b)(i) of the decree). In some
				  instances, different rationale were given for exclusion under Paragraph 8 of
				  the decree. However, EPA has reviewed these subcategories and has determined
				  that exclusion could have occurred due to one of the four reasons listed in
				  this Appendix.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 71 - Appendices › Section IX-7125 - Appendix M-Sampling Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
I. COMPOSITE METHOD
A. It is recommended that influent and
				  effluent operational data be obtained through 24-hour flow proportional
				  composite samples. Sampling may be done manually or automatically, and
				  discretely or continuously. If discrete sampling is employed, at least 12
				  aliquots should be composited. Discrete sampling may be flow proportioned
				  either by varying the time interval between each aliquot or the volume of each
				  aliquot. All composites should be flow proportional to either the stream flow
				  at the time of collection of the influent aliquot or to the total influent flow
				  since the previous influent aliquot. Volatile pollutant aliquots must be
				  combined in the laboratory immediately before analysis.
B. Effluent sample collection need not be
				  delayed to compensate for hydraulic detention unless the POTW elects to include
				  detention time compensation or unless the approval authority requires detention
				  time compensation. The approval authority may require that each effluent sample
				  is taken approximately one detention time later than the corresponding influent
				  sample when failure to do so would result in an unrepresentative portrayal of
				  actual POTW operation. The detention period should be based on a 24-hour
				  average daily flow value. The average daily flow should in turn be based on the
				  average of the daily flows during the same month of the previous
				  year.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 3 - Louisiana Sewage Sludge and Biosolids Program › Chapter 73 - Standards for the Use or Disposal of Sewage Sludge and Biosolids › Subchapter A - Program Requirements › Section IX-7301 - General Provisions [Formerly§6901]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose and
					 Applicability
1. Purpose
a. This Chapter establishes standards for the
					 use or disposal of sewage sludge generated during the treatment of domestic
					 sewage in a treatment works and of domestic septage (hereafter referred to
					 collectively as
sewage sludge
for the purposes of this
					 Chapter), biosolids, and grease that was pumped or removed from a food service
					 facility and mixed with sewage sludge.
b. The standards established in this Chapter
					 include:
i. general requirements and other
					 requirements for bulk biosolids, general management practices and other
					 management practices for bulk biosolids, pollutant limits, pathogen and vector
					 attraction reduction requirements, and operational standards;
ii. sampling and monitoring requirements,
					 recordkeeping and reporting requirements, specific exclusions, and prohibitions
					 and restrictions regarding the use and disposal of sewage sludge and
					 biosolids;
iii. the siting,
					 operation, and financial assurance requirements for commercial preparers of
					 sewage sludge or land appliers of biosolids; and
iv. requirements and standards for
					 transporters and vehicles utilized for the transporting of sewage
					 sludge.
c. This Chapter
					 establishes requirements for the person who prepares sewage sludge that is
					 disposed in a landfill.
d. In
					 addition, this Chapter contains specific prohibitions and restrictions
					 regarding the use and disposal of sewage sludge and biosolids.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 3 - Louisiana Sewage Sludge and Biosolids Program › Chapter 73 - Standards for the Use or Disposal of Sewage Sludge and Biosolids › Subchapter A - Program Requirements › Section IX-7303 - Land Application [Formerly Section 6903]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability
1. This Section applies to:
a. any person who prepares sewage sludge or
					 biosolids that are applied to the land;
b. any person who applies biosolids to the
					 land;
c. sewage sludge or biosolids
					 that are applied to the land; and
d. the land on which sewage sludge or
					 biosolids are applied.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 3 - Louisiana Sewage Sludge and Biosolids Program › Chapter 73 - Standards for the Use or Disposal of Sewage Sludge and Biosolids › Subchapter A - Program Requirements › Section IX-7305 - Siting and Operation Requirements for Commercial Preparers of Sewage Sludge [Formerly Section 6905]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Exemptions
1. A
publicly owned
					 treatment works (POTW)
, as defined in LAC 33:IX.7301.B, shall be
					 exempted from the siting requirements in Subsection B of this Section and the
					 facility closure requirements in Paragraph C.3 of this Section if the POTW
					 prepares only sewage sludge generated at the POTW or sewage sludge generated at
					 a facility that is owned or operated by the POTW and the POTW's sewage sludge
					 treatment facility is located within the POTW's boundary or
					 perimeter.
2. An existing facility
					 that has been issued a sewage sludge and biosolids use or disposal permit shall
					 be exempted from the siting requirements in Subsection B of this
					 Section.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 3 - Louisiana Sewage Sludge and Biosolids Program › Chapter 73 - Standards for the Use or Disposal of Sewage Sludge and Biosolids › Subchapter A - Program Requirements › Section IX-7307 - Financial Assurance Requirements for Commercial Preparers of Sewage Sludge and Commercial Land Appliers of Biosolids [Formerly Section 6907]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose and
					 Applicability. The purpose of this Section is to establish the financial
					 assurance (the word
security
may be used interchangeably with
assurance
) requirements for:
1. commercial preparers of sewage sludge for
					 meeting the requirements applicable during operation and closure; and
2. commercial land appliers of biosolids
					 during operation and closure.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 3 - Louisiana Sewage Sludge and Biosolids Program › Chapter 73 - Standards for the Use or Disposal of Sewage Sludge and Biosolids › Subchapter A - Program Requirements › Section IX-7309 - Pathogens and Vector Attraction Reduction [Formerly Section 6909]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Scope. This
					 Section contains the following:
1. the
					 requirements for a sewage sludge to be classified either as Exceptional Quality
					 or Class B biosolids with respect to pathogens;
2. the site restrictions for land on which
					 Class B biosolids are applied; and
3. the alternative vector attraction
					 reduction requirements for biosolids that are applied to the land.