La. Admin. Code tit. 33 § IX-6307

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-6307 - Permit Requirements

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.

D. All permits which authorize the discharge of pollutants pursuant to Subsection C of this Section shall:

1. require that a discharge of pollutants will:

a. following dilution as measured at the boundary of the mixing zone not exceed the limiting permissible concentration for the liquid and suspended particulate phases of the waste material as described in 40 CFR Parts 227.27(a)(2) and (3), 227.27(b), and 227.27(c) of the Ocean Dumping Criteria; and

b. not exceed the limiting permissible concentration for the solid phase of the waste material or cause an accumulation of toxic materials in the human food chain as described in 40 CFR Parts 227.27(b) and (d) of the Ocean Dumping Criteria;

2. specify a monitoring program, which is sufficient to assess the impact of the discharge on water, sediment, and biological quality including, where appropriate, analysis of the bioaccumulative and/or persistent impact on aquatic life of the discharge;

3. contain any other conditions, such as performance of liquid or suspended particulate phase bioaccumulation tests, seasonal restrictions on discharge, process modifications, dispersion of pollutants, or schedule of compliance for existing discharges, which are determined to be necessary because of local environmental conditions; and

4. contain the following clause:

"In addition to any other grounds specified herein, this permit shall be modified or revoked at any time if, on the basis of any new data, the state administrative authority determines that continued discharges may cause unreasonable degradation of the marine environment."

La. Admin. Code tit. 33, § IX-6307

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), repromulgated by the Office of Environmental Assessment, Environmental Planning Division, LR 30:233 (February 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)