A. This Chapter prescribes procedures and guidelines for implementation and operation of the Louisiana Water Discharge Permit System (LWDPS).B. Without first obtaining a LWDPS permit from the department (with the exceptions noted in LAC 33:IX.301.D and F below), no person shall: 1. discharge or allow to be discharged any pollutants into the waters of the state from any facility or activity;2. construct any new facility or undertake a new activity, the operation or conduct of which would result in a discharge into the waters of the state;3. construct, install, operate, or alter any facility or activity or any extension or modification thereof or addition thereto, the operation or conduct of which would cause increases in the quantity or degradation in the quality of the discharge of pollutants into the waters of the state or which would otherwise alter the physical, chemical, or biological properties of any waters of the state in any manner not already lawfully authorized;4. construct or use any new outlet for the discharge of any pollutants into the waters of the state.C. Specific types of facilities or activities which require a permit include, but are not limited to, the following: 1. discharge of leachate or runoff to surface waters from facilities under the jurisdiction of the Louisiana Solid Waste Management and Resource Recovery Law and the Hazardous Waste Management Law;2. discharge of rainwater runoff from areas where liquid or solid materials are stored or handled, such as to pose a potential threat of pollution to the waters of the state;3. concentrated animal feeding operations as defined in LAC 33:IX.301.J below;4. concentrated aquatic animal production facilities as defined in LAC 33:IX.301.K below;5. discharges into aquaculture projects as defined in LAC 33:IX.301.L below;6. silvicultural point sources as defined in LAC 33:IX.301.M below;7. discharge of waters/sediments resulting from the commercial dredging of shell or other natural resources.D. A person discharging or proposing to discharge the following types of wastes or wastewaters shall not be required to apply for a permit from the department pursuant to this regulation: 1. human sewage discharged from vessels from onboard toilet facilities (refer to LAC 33:IX.709.F);2. except as otherwise provided in this Chapter, storm sewer systems including canals and pumping stations operated and maintained by local, state, or federal agencies solely for the purposes of conveyance of storm water runoff, unless a particular storm water discharge has been identified by the department as a significant contributor to pollution; and the operator of such discharge has been notified of such determination. Such storm sewer systems are considered to be waters of the state and any facility or activity discharging into storm sewer systems shall be required to have permits according to the requirements of these regulations;3. a discharge directed solely into a publicly or privately owned treatment works provided the owner of such treatment works has a valid discharge permit and the department has determined that the waste may be adequately treated by the treatment works;4. water, gas, and other materials injected into a well to facilitate production of oil, gas, or other minerals;5. disposal of water derived in association with the production of oil, gas, or other minerals into a well authorized by the state Office of Conservation;6. any introduction of pollutants from nonpoint sources resulting from normal agricultural and silvicultural activities, including runoff from orchards, cultivated crops, pastures, rangelands, and forest lands. Discharges from concentrated animal feeding operations, concentrated aquatic animal production facilities, silvicultural point sources or to aquaculture projects as specified in LAC 33:IX.301.C above shall be required to have a permit;7. a discharge of dredged or fill material resulting from activities which are permitted by the U.S. Army Corps of Engineers, such as channel dredging and construction. This does not include commercial dredging of shell or other natural resources;8. any discharge in compliance with the instructions of an on-scene representative designated by the administrative authority to grant on-scene authorization to discharge.E. A permit shall not be issued for, nor will any of the following discharges be allowed: 1. a discharge of any radiological, chemical, or biological warfare agent or a high-level radioactive waste (that nuclear-industry waste resulting from the reprocessing of spent fuel rods or unreprocessed spent fuel rods);2. a discharge which, as determined by the secretary of the army acting through the chief of engineers of the U.S. Army Corps of Engineers, would substantially impair anchorage or navigation, or both;3. a point source discharge in conflict with an areawide waste treatment management plan, or amendments thereto, prepared by a management agency pursuant to Section 208(b) of the Clean Water Act (CWA), unless the administrative authority determines a variance to be appropriate;4. after the state receives delegation of the federal NPDES program, a discharge to which the regional administrator of EPA objects in writing to the department;5. a discharge to the ground waters of the state except as authorized under the Underground Injection Control Program. The administrative authority may at its discretion exempt additional classes of activities which are authorized by other state regulation;6. a discharge of oil or oil-based products for dust control or other purposes without prior approval of the administrative authority. Waste oil shall not be used for these purposes unless the origin, physical properties, and chemical properties are documented to the satisfaction of the administrative authority;7. a discharge which the administrative authority determines to be in conflict with applicable requirements of the act, these regulations, and/or constitutional and statutory mandates.F. Any unpermitted facility or activity that exists or is under construction on the effective date of these regulations and falls under the jurisdiction of Subsection B of this Section shall submit a completed application to the Office of Environmental Services within 180 days of the effective date. Upon receipt of the application by the department within the prescribed 180 days, the facility shall be deemed in compliance with Subsection B of this Section except where the administrative authority has initiated action against the facility following an investigation or complaint. All facilities or activities that meet the requirements outlined in Paragraph J.4 or K.4 of this Section shall be exempt from the requirements of this Subsection.G. When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit.H. On the effective date of these regulations the status of state permits shall be as follows. 1. All LWDPS permits shall be issued for a period not to exceed five years.2. All existing state permits issued prior to January 1, 1980 shall expire within one year of the effective date of these regulations.3. All existing state permits issued subsequent to January 1, 1980 shall expire six years after their effective date.I. Upon delegation of the NPDES program to the state, the status of NPDES permits shall be as follows. 1. For facilities with NPDES permits only, existing NPDES permits shall be adopted as LWDPS permits effective upon receipt by the permittee of written notification by the state, with an expiration date consistent with that originally designated.2. For facilities with both NPDES and existing state permits, the NPDES and existing state permit shall be consolidated into one permit. In case of conflicting permit requirements the more stringent requirement will control. This consolidated permit will be adopted as a LWDPS permit effective upon receipt by the permittee of written notification by the state and shall remain effective for a period in accordance with LAC 33:IX.301.H above (the NPDES permit expiration date shall be void).J. Concentrated Animal Feeding Operations 1. Permit Requirement. Discharges from concentrated animal feeding operations are subject to the LWDPS permit program.2. Definitions a.Animal Feeding Operation- a lot or facility (other than an aquatic animal production facility) where the following conditions are met: i. animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; andii. crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.b. Two or more animal feeding operations under common ownership are considered, for the purposes of these regulations, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.c.Concentrated Animal Feeding Operation- an animal feeding operation which meets the criteria in LAC 33:IX.321.Appendix B or which the department designates under Paragraph 3 of this Section.3. Case-by-Case Designation of Concentrated Animal Feeding Operations a. The department may designate any animal feeding operation as a concentrated animal feeding operation upon determining that it is a significant contributor of pollution to the waters of the state. In making this designation the department shall consider the following factors: i. the size of the animal feeding operation and the amount of wastes reaching waters of the state;ii. the location of the animal feeding operation relative to waters of the state;iii. the means of conveyance of animal wastes and process waste waters into waters of the state;iv. the slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal wastes and process waste waters into waters of the state; andv. other relevant factors.b. No animal feeding operation with less than the numbers of animals set forth in LAC 33:IX.321.Appendix B shall be designated as a concentrated animal feeding operation unless: i. pollutants are discharged into waters of the state through a man-made ditch, flushing system, or other similar man-made device; orii. pollutants are discharged directly into waters of the state which originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.4. A permit application shall not be required from a concentrated animal feeding operation until the department has conducted an on-site inspection of the operation and determined that the operation should and could be regulated under the permit program. However, all concentrated animal feeding operations that meet the criteria in LAC 33:IX.321.Appendix B shall so notify the Office of Environmental Services within 180 days of the effective date of these regulations.K. Concentrated Aquatic Animal Production Facilities 1. Permit Requirement. Concentrated aquatic animal production facilities, as defined in this Section, are subject to the LWDPS permit program.Concentrated Aquatic Animal Production Facility- a hatchery, fish farm, or other facility which meets the criteria in LAC 33:IX.323.Appendix C of these regulations, or which the department designates under LAC 33:IX.301.K.3 of this Section.
3. Case-by-Case Designation of Concentrated Aquatic Animal Production Facilitiesa. The department may designate as a concentrated aquatic animal production facility any warm or cold water aquatic animal production facility upon determining that it is a significant contributor of pollution to waters of the state. In making this designation the department shall consider the following factors: i. the location and quality of the receiving waters of the state;ii. the holding, feeding, and production capacities of the facility;iii. the quantity and nature of the pollutants reaching waters of the state; andiv. other relevant factors.4. A permit application shall not be required from a concentrated aquatic animal production facility until the department has conducted an on-site inspection of the facility and has determined that the facility should and could be regulated under the permit program. However, all concentrated aquatic animal production facilities that meet the criteria in LAC 33:IX.321.Appendix C shall so notify the Office of Environmental Services within 180 days of the effective date of these regulations. L. Discharges into Aquaculture Projects 1. Permit Requirement. Discharges into aquaculture projects, as defined in this Section, are subject to the LWDPS permit program.Aquaculture Project- a defined managed water area which uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals.
Designated Project Area- the portions of the waters of the state within which the permittee or permit applicant plans to confine the cultivated species, using a method or plan of operation (including, but not limited to, physical confinement) which, on the basis of reliable scientific evidence, is expected to ensure that specific individual organisms comprising an aquaculture crop will enjoy increased growth attributable to the discharge of pollutants, and be harvested within a defined geographic area.
M. Silvicultural Point Sources 1. Permit Requirement. Silvicultural point sources, as defined in this Section, are point sources subject to the LWDPS permit program.Log Sorting and Log Storage Facilities- facilities whose discharges result from the holding of unprocessed wood, for example, logs or roundwood with bark, or after removal of bark, held in self-contained bodies of water (mill ponds or log ponds) or stored on land where water is applied intentionally on the logs (wet decking).
Silvicultural Point Source- any discernible, confined and discrete conveyance related to log sorting or log storage facilities which are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the state. The term does not include nonpoint source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. However, some of these activities (such as stream crossing for roads) may involve point source discharges of dredged or fill material which may require a CWA Section 404 permit.
N. Confidentiality of Information. Provisions for confidential information may be found in LAC 33:I.Chapter 5.La. Admin. Code tit. 33, § IX-301
Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 11:1066 (November 1985), amended by the Office of the Secretary, LR 22:344 (May 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2273 (October 2000), LR 26:2538 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2504 (October 2005), LR 33:2160 (October 2007), LR 34:1901 (September 2008).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)