La. Admin. Code tit. 33 § IX-107
Act- Act 449 of the 1979 Louisiana Legislature which established Section 2001 et seq., of Title 30 of the Louisiana Revised Statutes of 1950 and any subsequent amendment to these Sections.
Activity-any conduct, operation or process which causes or may cause the discharge of pollutants into the waters of the state.
Administrative Authority- the Secretary of the Department of Environmental Quality or his designee or the appropriate assistant secretary or his designee.
Applicant- the person or other legal entity applying for a permit under the Louisiana Water Discharge Permit System (LWDPS).
Application- the standard LWDPS permit forms for applying for a permit, including any additions, revisions or modifications to the forms.
Aquifer- a geologic formation, group of formations, or part of a formation that is capable of yielding significant groundwater to wells or springs.
Artificial Heat- heat that is derived from unnatural sources such as power plant and other industrial cooling processes.
Assistant Secretary- the assistant secretary of the appropriate office of the Department of Environmental Quality.
Average Monthly Discharge Limitation- the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
Average Weekly Discharge Limitation- the highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.
Basin- the drainage area of the designated body of water and its tributaries.
Best Available Control Technology Economically Achievable (BAT)- the degree of effluent reduction attainable through the application of the very best control and treatment technology employed by a specific point source within the industrial category or subcategory taking into account such factors as the age of equipment and facilities involved, the process employed, the engineering aspects of the application of various types of control techniques, process changes, the cost of achieving such effluent reduction in relation to the effluent reduction benefits to be achieved, non-water-quality environmental impact (including energy requirements), and such other factors as the administrative authority deems appropriate.
Best Conventional Pollutant Control Technology (BCT)- the degree of effluent reduction attainable through consideration of the reasonableness of the relationship between the costs of attaining a reduction in effluents and the effluent reduction benefits derived, and the comparison of the cost and level of reduction of such pollutants from the discharge from publicly owned treatment works to the cost and level of reduction of such pollutants from a class or category of industrial sources, taking into account such factors as the age of equipment and facilities involved, the process employed, the engineering aspects of the application of various types of control techniques, process changes, non-water-quality environmental impact (including energy requirements), and such other factors as the administrative authority deems appropriate.
Best Management Practices (BMP)- schedules of activities, prohibitions of practices, maintenance procedures and other management practices designed to prevent or reduce the pollution of the waters of the state, including treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal, or drainage from raw material storage.
Best Practicable Control Technology Currently Available (BPT)- the degree of effluent reduction attainable through the application of the average of the best existing performance by plants of various sizes, ages, and unit processes within the industrial category and/or subcategory taking into account consideration of the total cost of application of technology in relation to the effluent reduction benefits to be achieved from such application and taking into account such factors as the age of equipment and facilities involved, the process employed, the engineering aspects of the application of various types of control techniques, process changes, non-water-quality environmental impact (including energy requirements), and such other factors as the administrative authority deems appropriate.
Biological Monitoring- the determination of the effects on aquatic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants (A) by techniques and procedures, including sampling of organisms representative of appropriate levels of the food chain appropriate to the volume and the physical, chemical, and biological characteristics of the effluent, and (B) at appropriate frequencies and location.
Certification- approval by the administrative authority that any activity which may result in any discharge into or potential change of the waters of the state and as such requires application for a federal permit, will comply with the applicable provisions of Sections 301 (Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance) and 307 (Toxic and Pretreatment Effluent Standards) of the Federal Water Pollution Control Act (FWPCA) as amended.
Clean Water Act (CWA)- the Public Law 92-500 as amended by Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et seq. The CWA was formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972.
Construction- the commencement of on-site placement, fabrication, assembly, erection, or installation of a wastewater source, treatment works, or sewer, or the reinstallation at a new site of any wastewater source, existing treatment works, or sewer.
Contaminant- any physical, chemical, biological, or radiological substance or matter in water.
Conventional Pollutant- biochemical oxygen demand (BOD), total suspended solids (TSS), pH, fecal coliform, and oil and grease.
Cooling Water- any water which is used primarily for cooling of raw materials, products, or equipment.
Daily Average Concentration- the arithmetic average (weighted by flow value) of all the daily determination of concentrations made during a calendar month. Daily determinations of concentration made using a composite sample shall be the concentration of the composite sample. When grab samples are used, the daily determination of concentration shall be the arithmetic average (weighted by flow value) of all the samples collected during that calendar day or specified 24-hour period that reasonably represents the calendar day for purposes of sampling.
Daily Average Mass Discharge- the total discharge by weight during a calendar month divided by the number of days in the month that the facility was operating. Where less than daily sampling is required, the daily average discharge shall be determined by the summation of all the measured daily discharges by weight divided by the number of days during the calendar month when the measurements were made.
Daily Discharge- the discharge of a pollutant measured during a calendar day or within any specified 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day.
Daily Maximum Concentration- the daily determination of concentration for any calendar day or specified 24-hour period that reasonably represents the calendar day for purposes of sampling.
Daily Maximum Mass Discharge- the total discharge by weight during any calendar day or specified 24-hour period that reasonably represents the calendar day for purposes of sampling.
Department- the Department of Environmental Quality.
DEQ- the Department of Environmental Quality.
Designated Use- a use of the waters of the state as established by the water quality standards provided in LAC 33:IX.1111. These uses include, but are not limited to, primary and secondary contact recreation, fish and wildlife propagation, drinking water supply, oyster propagation, agriculture, and outstanding natural resource waters.
Discharge- the placing, releasing, spilling, percolating, draining, pumping, leaking, seeping, emitting, disposing, bypassing or other escaping of pollutants into the air, waters, subsurface water or ground as the result of a prior act or omission; or the placing of pollutants into barrels, or similar containers under conditions and circumstances that leaking, seeping, draining or escaping of the pollutants can be reasonably anticipated.
Discharge Monitoring Report (DMR) Form- the approved state form, including any subsequent additions, revisions or modifications, for the reporting of self-monitoring results by permittees.
Disposal- the discharging, depositing, injecting, dumping, spilling, leaking, or placing of any solid or semi-solid sludge, liquid waste, hazardous waste, radioactive material, or solid waste into or on any land or water so that such waste, or any constituent thereof, may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
Disposal Well- a well which is used for the injection of pollutants into subsurface strata.
Dissolved Oxygen- the amount of oxygen dissolved in water, commonly expressed as a concentration in terms of milligrams per liter, mg/L.
Drilling Fluids- any fluid sent down the hole, including drilling muds and any specialty products, from the time a well is begun until final cessation of drilling in that hole.
Drilling Mud- a heavy suspension used in drilling a well, introduced down the drill pipe and through the drill bit.
Dystrophic Waters- waters which are stained with organic material and which are low in dissolved oxygen due to natural conditions.
Effluent- wastewater discharged to the waters of the state.
Effluent Limitations- any applicable state or federal quality or quantity limitation which imposes any restriction or prohibition on quantities, discharge rates, and concentrations of pollutants which are discharged into the waters of the state.
Effluent Limited Segment (EL)- any stream segment where water quality is meeting and will continue to meet applicable water quality standards or where there is adequate demonstration that water quality will meet applicable standards after the application of effluent limitations required by the Clean Water Act as amended or these regulations.
Emergency Condition- any condition which could reasonably be expected to endanger the health and safety of the public, cause significant adverse impact to the water environment, or cause severe damage to property.
Enterococci-a group of fecal bacteria used as an indicator of fecal contamination and predictor of human illness.
EPA- the United States Environmental Protection Agency.
Facility- a pollution source, or any public or private property or site and all contiguous land and structures, other appurtenances and improvements, where any activity is conducted which discharges or may result in the discharge of pollutants into waters of the state.
Fecal Coliform- a gram negative, non-spore-forming, rod-shaped bacteria found in the intestinal tract of warm-blooded animals.
Freeboard- the distance between the fluid surface in an impoundment or other container and the lowest portion of the impoundment levee or other potential overflow point.
Fresh Warmwater Fish- those fish species whose populations reproduce in relatively warm water (above 20°C, 68°F), and low salinity (less than 2 ppt), including but not limited to, black basses, and freshwater sunfish and catfish.
General Permit- a LWDPS permit authorizing a category of similar discharges within a geographical area.
Groundwater- water in the saturated zone beneath the land surface.
Hazardous Substance- any hazardous material, hazardous waste, or reusable material which has corrosive, ignitable, infectious, or reactive characteristics as defined by department regulations.
LC50- the numerical limit or concentration of a test material which is lethal to 50 percent of exposed aquatic organisms in a specified period of time.
Land Management Plan- a land use plan approved by the United States Soil Conservation Service or the State Department of Transportation and Development, Soil and Water Conservation Committee.
Landfill- a secured area in which waste is deposited for ultimate disposal and covered with soil.
Leachate- any liquid, including any soluble, suspended, or miscible materials in the liquid, that has percolated through, or drained from, hazardous waste or other substances.
Major Facility- any facility classified as such by the administrative authority.
Maximum Daily Discharge Limitation- the highest allowable daily discharge.
mg/L- milligrams per liter; it is essentially equivalent to parts per million in dilute aqueous solutions.
Migrating- any movement by leaching, spilling, discharging, or any other uncontained or uncontrolled manner except as permitted by law or other regulations of the department.
Minor Facility- any facility not classified as a major facility by the administrative authority.
ng/L- nanograms per liter; it is essentially equivalent to parts per trillion in dilute aqueous solutions.
National Pollutant Discharge Elimination System (NPDES)- EPA's national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 402, 318, and 405 of the CWA.
Nonconventional Pollutants- all pollutants (including toxic pollutants) other than those listed as conventional pollutants.
NonpointSource-a diffuse source of water pollution that does not discharge through a point source but instead flows freely across exposed natural or man-made surfaces such as agricultural or urban runoff and runoff from construction, mining, or silvicultural activities.
Operator-the person or legal entity responsible for the operation and/or maintenance of a facility with a discharge covered by these regulations.
Owner-t he person or legal entity holding legal title to a facility with a discharge covered by these regulations.
Permit- written authorization issued by the administrative authority to discharge, emit or dispose of liquid, gaseous, semi-solid or solid waste or reusable materials, or radioactive material from, or at, a site or facility, including all conditions set forth therein.
Person- any individual, municipality, public or private corporation, partnership, firm, the United States Government and any agent or subdivision thereof, or any other juridical person.
Point Source- any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
Pollutant- any substance introduced into the waters of the state by any means that would tend to degrade the chemical, physical, biological, or radiological integrity of such environment.
Pollution Source- the immediate site or location of a discharge or potential discharge, including such surrounding property necessary to secure or quarantine the area from access by the general public.
Primary Contact Recreation- any recreational or other water contact use involving prolonged or regular full-body contact with the water and in which the probability of ingesting appreciable amounts of water is considerable. Examples of this type of water use include swimming, skiing, and diving.
Priority Pollutant- any substance listed in LAC 33:IX.325. Appendix D, Tables II and III.
Process Wastewater- any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product.
Proposed Permit- a document prepared indicating the tentative decision by the administrative authority to issue, deny, modify, revoke and reissue, terminate or renew a permit.
Public Water Supply- a surface or underground raw water source which, after conventional treatment, will provide safe, clear, potable, and aesthetically pleasing water for uses which include, but are not limited to human consumption, food processing and cooking, and as a liquid ingredient in foods and beverages.
Publicly Owned Treatment Works (POTW)- any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by the state, or a municipality, or a parish. This definition includes sewers, pipes, or other conveyances, only if they convey wastewater to a POTW providing treatment.
Receiving Waters- the waters of the state into which an effluent is, or may be, discharged.
Release- the accidental or intentional spilling, leaking, pumping, pouring, emitting, or dumping of pollutants which, when released, become wastes into or on any land, water, or groundwater.
Sanitary Landfill- a type of facility for the disposal of solid waste by deposit in a landfill in layers, covered with suitable cover material to a depth and at a frequency sufficient to control disease vectors and odors, and in such a manner that protects the environment, and is so located, contoured, and drained that it will not constitute a source of water pollution.
Sanitary Sewage- treated or untreated wastewaters which contain human metabolic and domestic wastes.
Secondary Contact Recreation- any recreational or other water contact use in which body contact with the water is either incidental or accidental and the probability of ingesting appreciable amounts of water is minimal. Examples of this type of water use include fishing, wading, and boating.
Secondary Treatment- that level of treatment described in LAC 33:IX.711 of these regulations.
Secretary- the Secretary of the Department of Environmental Quality.
7Q10 Flow- the minimum seven consecutive day average stream flow with a recurrence interval of once every 10 years.
Sewage Sludge- any solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. Sewage sludge includes, but is not limited to, solids removed during primary, secondary, or advanced wastewater treatment, scum, domestic septage, portable toilet pumpings, Type III marine sanitation device pumpings (33 CFR Part 159), and sewage sludge products. Sewage sludge does not include grit or screenings, or ash generated during the incineration of sewage sludge.
Site- the geographic location, other than a facility, of a discharge.
Source- a facility, activity or location which discharges pollutants into the waters of the state.
Spill Event- the accidental or unauthorized leaking or releasing of a substance from its intended container or conveyance structure that has the potential to be discharged or results in a discharge to waters of the state. Discharges resulting from circumstances identified, reviewed, and made part of the public record with respect to a valid LWDPS permit are not considered spill events.
Stream Segment- a section of a stream for which hydraulic and water quality characteristics are reasonably uniform. A river basin is subdivided into stream segments.
Surface Water- all lakes, bays, rivers, streams, springs, ponds, impounding reservoirs, wetlands, swamps, marshes, water sources, drainage systems and other surface water, natural or artificial, public or private within the state or under its jurisdiction that are not a part of a treatment system allowed by state law, regulation, or permit.
10 Year, 24 Hour Rainfall Event- a statistical projection of the maximum amount of rain that falls at a given location in a 24-hour period at a frequency of once every 10 years.
Total Dissolved Solids (TDS)- the amount of solid material dissolved in water commonly expressed as a concentration in terms of mg/L.
Total Suspended Solids (TSS)- the amount of solid material suspended in water commonly expressed as a concentration in terms of mg/L.
Toxic Pollutants- those priority pollutants designated as such by the U.S. Environmental Protection Agency and listed in LAC 33:IX.325.Appendix D, Tables II and III.
Toxic Substances- any element, compound, or mixture which at sufficient exposure levels induces deleterious, acute or chronic physiological effects on an organism.
Treatment- any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any reusable material or waste so as to neutralize such reusable material or waste or render it nonhazardous, safer for transport, amenable for recovery or storage, or reduced in volume. The term also includes any activity or processing designed to change the physical form or chemical composition of hazardous waste to render it nonhazardous.
Treatment Works- any plant or other works which accomplishes the treating, stabilizing, or holding of wastes or pollutants.
ug/L- micrograms per liter; it is essentially equivalent to parts per billion in dilute aqueous solutions.
Unauthorized Discharge- a continuous, intermittent or one-time discharge, whether intentional, anticipated, or unanticipated, from any source, permitted or unpermitted, which is in contravention of any provision of the act or of any permit terms and conditions, or of any applicable regulation, compliance schedule, variance or exception of the administrative authority.
Untreated Wastes- wastes which have not been treated in any treatment works.
Vessel- any type of watercraft used, or capable of being used, as a means of transportation on the water.
Waste- any material for which no use or reuse is intended and which is to be discarded.
Waste Load Allocation- that portion of the assimilative capacity of the receiving water apportioned to a specific discharger in such a way that water quality standards are maintained under design conditions.
Wastewater- liquid waste resulting from commercial, municipal, private or industrial processes. This includes but is not limited to, cooling and condensing waters, sanitary sewage, industrial waste and contaminated rainwater runoff.
Water Pollution- the introduction into waters of the state by any means, including dredge and fill operations, of any substances in concentrations which tend to degrade the chemical, physical, biological, or radiological integrity of such waters, including, but not limited to, the discharge of brine from salt domes which are located on the coastline of Louisiana and Gulf of Mexico into any waters off said coastline and extending therefrom 3 miles into the Gulf of Mexico.
Water Quality Limited Segment (WQL)- any stream segment where the stream does not meet applicable water quality standards or will not meet applicable water quality standards even after application of the effluent limitations required by the Clean Water Act, as amended, or these regulations.
Water Quality Management Plan- an approved water quality management plan prepared pursuant to the Act [R.S. 30:1094(A)(1)].
Water Quality Standard (WQS)- a definite numerical criterion value or general criterion statement or policy statement promulgated by the administrative authority to enhance or maintain water quality, and to provide for, and fully protect, a designated use of the waters of the state.
Waters of the State- both the surface and underground waters within the state of Louisiana including all rivers, streams, lakes, estuaries, ground waters and all other water courses and waters within the confines of the state, and all bordering waters and the Gulf of Mexico.
Wetlands- those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
La. Admin. Code tit. 33, § IX-107