La. Admin. Code tit. 33 § IX-1105

Current through Register Vol. 50, No. 5, May 20, 2024
Section IX-1105 - Definitions

Acute Toxicity- any lethal or deleterious effect on representative sensitive organisms that results from a single dose or exposure of a chemical or mixture of chemicals within a short period of time, usually less than 96 hours.

Administrative Authority- the Secretary of the Department of Environmental Quality, or his designee or the appropriate assistant secretary or his designee.

Ambient Toxicity- the effect measured by a toxicity test on a sample collected from a water body.

Artificial Heat- heat derived from unnatural sources, such as power plants and other industrial cooling processes.

Background Condition- a concentration of a substance in a particular environment that is indicative of minimal influence by human (anthropogenic) sources.

Biological and Aquatic Community Integrity- the condition of the aquatic community inhabiting a specified habitat as measured by community structure and function.

Bottomland Hardwood Swamps- those areas inundated or saturated by surface water or groundwater of negligible to very low salinity at a frequency and duration sufficient to support, and that under normal conditions do support, bottomland hardwood vegetation. These ecosystems are commonly found wherever streams or rivers occasionally cause flooding beyond their channel confines. They are deciduous forested wetlands, made up of different species of gum (Nyssa spp.), oak (Quercus spp.), dwarf palmetto (Sabal minor), and bald cypress (Taxodium distichum), and other species. These swamps cannot tolerate continuous flooding; typically areas are flooded two to six months per year.

Brackish Marshes-those areas inundated or saturated by surface water or groundwater of moderate salinity at a frequency and duration sufficient to support, and that under normal circumstances do support, brackish emergent vegetation. Typical vegetation includes bulltongue (Sagittaria spp.), wild millet (Echinochloa walteri), bullwhip (Scirpus californicus), sawgrass (Cladium jamaicense), wiregrass (Spartina patens), three-cornered grass (Scirpus olneyi), and widgeongrass (Ruppia maritima). Brackish marshes are also characterized by interstitial water salinity that normally ranges between 3 and 15 parts per thousand.

Brackish Water- surface water (creeks, bayous, rivers, lakes, estuaries) having an average salinity of 2 parts per thousand or greater and less than 10 parts per thousand; does not apply to wetland interstitial salinity regime.

Chronic Toxicity- toxicity that, after long-term exposure, exerts sublethal negative effects on, or is lethal to representative, sensitive organisms.

CleanTechniques-an integrated system of sample collection and laboratory analytical procedures designed to detect concentrations of trace metals below criteria levels and eliminate or minimize inadvertent sample contamination that can occur during traditional sampling practices.

Cypress-Tupelo Swamps-those areas inundated or saturated by surface water or groundwater of negligible to very low salinity at a frequency and duration sufficient to support, and that under normal circumstances do support, cypress-tupelo vegetation. Typical vegetation includes water tupelo (Nyssa sylvatica var. aquatica), bald cypress (Taxodium distichum), red maple (Acer rubrum), buttonbush (Cephalanthus occidentalis), and common wax myrtle (Myrica cerifera). Cypress-tupelo swamps can tolerate continuously flooded conditions and are divided into two subtypes: continuously flooded and seasonally flooded. Continuously flooded swamps are those areas that have standing water present all year round. They range from forests with a closed canopy to open canopy conditions with understory freshwater emergent wetland vegetation. Seasonally flooded swamps are those areas that are typically flooded for more than six months per year. They typically have a closed canopy that limits understory vegetation.

Degradation-a lowering of water quality, as demonstrated by data analysis, water quality models, or other scientifically defensible method.

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.

Diffuser- a device or defined technology that provides for the rapid and efficient mixing of wastewater effluents with the receiving water so that toxic conditions and other impacts in the vicinity of the discharge are minimized.

Dissolved Oxygen- the amount of oxygen dissolved in water, commonly expressed as a concentration in terms of milligrams per liter (mg/L).

Drinking 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 inclusion as a liquid ingredient in foods and beverages.

Ecoregion- a relatively homogeneous area of similar ecological characteristics such as climate, land surface form, soils, potential natural vegetation, land use, hydrology, and other ecologically relevant variables.

Effluent- wastewater discharged to the waters of the state.

Effluent Limitation-any applicable state or federal qualitative or quantitative limitation that imposes any restriction or prohibition on quantities, discharge rates, and concentrations of pollutants discharged into the waters of the state.

Enterococci-a group of fecal bacteria used as an indicator of fecal contamination and predictor of human illness.

Estuary- an area where freshwater systems and saltwater systems interact. Such areas can extend from coastal areas into inland rivers and streams as far as the limit of tidal influence or as far as the saltwater wedge reaches. Estuarine salinities are variable and influenced by physical (i.e., tide, sedimentation, precipitation), chemical (i.e., variable salinities), and biological (i.e., vegetation, faunal populations) factors.

Excepted Use- a water body classification reflecting natural conditions and/or physical limitations that preclude the water body from meeting its designated use(s). Such classifications include, but are not limited to, man-made waters, naturally dystrophic waters, and intermittent streams.

Existing Use- those uses actually attained in the water body on or after November 28, 1975. They may or may not be designated uses.

Fecal Coliform- a gram negative, non-spore-forming, rod-shaped bacteria found in the intestinal tract of warm-blooded animals.

Forested Wetlands-a category of wetlands that includes bottomland hardwood swamps, cypress-tupelo swamps, and oligotrophic seasonally flooded pine forests as defined in this Section.

Fresh Warmwater Biota-aquatic life species whose populations typically inhabit waters with warm temperatures (seasonal averages above 20°C, 68°F) and low salinities (less than two parts per thousand), including, but not limited to, black bass; freshwater sunfish; freshwater catfish; and characteristic freshwater aquatic invertebrates and wildlife.

Fresh Water- surface water (creeks, bayous, rivers, lakes) having an average salinity of less than 2 parts per thousand; does not apply to wetland interstitial salinity regime.

Freshwater Emergent Wetlands (including freshwater marshes)-those areas inundated or saturated by surface water or groundwater of negligible to very low salinity at a frequency and duration sufficient to support, and that under normal circumstances do support, freshwater emergent vegetation. Typical vegetation includes cattail (Typha angustifolia), bulltongue (Sagittaria spp.), maiden cane (Panicum hemitomon), water hyacinth (Eichhornia crassipes), pickerelweed (Pontederia cordata), alligator weed (Alternanthera philoxeroides), and pennywort (Hydrocotyle spp.). Freshwater emergent wetlands also are characterized by interstitial water salinity that is normally less than 2 parts per thousand. There are two subtypes of freshwater emergent wetlands: floating and attached. Floating wetlands are those areas where the wetland surface substrate is detached and is floating above the underlying deltaic plain (also called "buoyant" and "flotant"). Attached wetlands are those areas where the vegetation is attached to the wetland surface and is contiguous with the underlying wetland substrate and can be submerged or emergent.

g/L- grams per liter.

Harmonic Mean Flow- a statistical value used to calculate permit limits where 7Q10 flow is not appropriate. This calculation is intended for positive numbers and non-zero values, thereby, precluding the use of negative flow values. The formula is as follows:

Click Here To View Image

where:

H = harmonic mean

n = number of samples

x = actual samples

Highest Attainable Use-the modified aquatic life, wildlife, or recreation use that is both closest to the uses specified in section 101(a)(2) of the Clean Water Act and attainable, based on the evaluation of the factor(s) in LAC 33:IX.1109.B.3 that preclude(s) attainment of the use and any other information or analyses that were used to evaluate attainability. There is no required highest attainable use where the state demonstrates the relevant use specified in section 101(a)(2) of the Clean Water Act and subcategories of such a use are not attainable.

Intermittent Streams- streams that provide water flow continuously during some seasons of the year but little or no flow during the drier times of the year.

LC50-the numeric limit or concentration of a test material that is lethal to 50 percent of the exposed aquatic organisms within a specified period of time.

Man-Made Water Body- a body of water that has been anthropogenically created or altered and is used primarily for drainage, conveyance, or retention of water for purposes of irrigation, transportation, sanitation, flood relief, water diversion, or natural resource extraction. The physical and hydrological characteristics of man-made water bodies are not conducive to the establishment of a balanced population of aquatic biota or to the full support of recreational activities.

Marine Water- of, relating to, or found in surface waters with average salinities greater than or equal to 10 parts per thousand; does not apply to wetland interstitial salinity regime.

[MICRO]g/L- micrograms per liter.

mg/L- milligrams per liter.

Naturally Dystrophic Waters- waters which are stained with organic material and which are low in dissolved oxygen because of natural conditions.

ng/L- nanograms per liter.

Non-Forested Wetlands- a category of wetlands that includes freshwater emergent wetlands, brackish marshes, and salt (saline) marshes as defined in this Section.

Nonpoint Source- 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 silviculture activities that are not regulated as point sources.

Non-101(a)(2) Use-any use unrelated to the protection and propagation of fish, shellfish, wildlife or recreation in or on the water.

Oligotrophic Seasonally Flooded Pine Forests- palustrine, seasonally saturated pine communities on hydric soils that may become quite dry for part of the year and generally occur in flat or nearly flat areas not associated with a river or stream system. They are usually dominated by loblolly pine (Pinus taeda). These pine forests are seasonally flooded and receive very low nutrient inputs. Because of their oligotrophic nature, these forests are characterized by unique understory vegetation communities that may include insectivorous plants.

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, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state, commissions, and interstate bodies.

Point Source- a 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, or vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Pollutant Minimization Program-a structured set of activities to improve processes and pollutant controls that will prevent and reduce pollutant loadings in the context of LAC 33:IX.1109.E.

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.

Process Heat- heat derived from unnatural sources such as power plants and other industrial cooling processes.

Practicable-technologically possible, economically viable, and able to be put into practice, in the context of LAC 33:IX.1109.A.2.b.

Receiving Waters- the waters of the state into which an effluent is, or may be, discharged.

Salt (Saline) Marshes-those areas that are inundated or saturated by surface water or groundwater of salinity characteristic of nearshore Gulf of Mexico ambient water at a frequency and duration sufficient to support, and that under normal circumstances do support, saline emergent vegetation. Typical vegetation includes oystergrass (Spartina alterniflora), glasswort (Salicomia spp.), black rush (Juncus roemerianus), saltwort (Batis maritima), black mangrove (Avicennia germinans), and saltgrass (Distichlis spicata). Salt marshes are also characterized by interstitial water salinity that normally exceeds 16 parts per thousand.

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.

7Q10 Flow- the minimum average stream flow for seven consecutive days with a recurrence interval of once every 10 years.

Surface Water- all lakes, bays, rivers, streams, springs, ponds, impounding reservoirs, wetlands, swamps, marshes, water sources, drainage systems, and other surface waters, 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.

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 Substances- elements, compounds, or mixtures that at sufficient exposure levels induce deleterious acute or chronic physiological effects on an organism.

Use Attainability Analysis (UAA)- a structured scientific assessment of the factors (chemical, physical, biological, and economic) affecting the attainment of designated water uses in a water body. Recommendations for the revision of the water quality standards may be based upon a use attainability analysis.

Wastewater- liquid waste resulting from commercial, municipal, private, or industrial processes. Wastewater includes, but is not limited to, cooling and condensing waters, sanitary sewage, industrial waste, and contaminated rainwater runoff.

Water Body Exception Classification-a water body classification indicating natural conditions and/or physical limitations that preclude the water body from meeting water quality criteria. Classifications include, but are not limited to, man-made water bodies, naturally dystrophic waters, and intermittent streams.

Water Pollution- the introduction into the waters of the state by any means, including dredge-and-fill operations, of any substance in a concentration that tends to degrade the chemical, physical, biological, or radiological integrity of such waters, including, but not limited to, the discharge of brine from salt domes that are located on the coastline of Louisiana and the Gulf of Mexico into any waters off said coastline and extending there from 3 miles into the Gulf of Mexico.

Water Quality Standard-an established set of provisions consisting of antidegradation requirements (policy and/or proceedures), designated uses, and water quality criteria (narrative or numeric) to protect the designated uses and general policies included at the states discretion, in order to meet the objectives in section 101(a) of the Clean Water Act.

Water Quality Standards Variance (WQS Variance)-a time-limited designated use and criterion for a specific pollutant(s) or water quality parameter(s) that reflect the highest attainable condition during the term of the water quality standards variance.

Waters of the State (or State Waters)-all surface and underground waters and watercourses within the state of Louisiana, whether natural or man-made, including but not limited to, all rivers, streams, lakes, wetlands, and groundwaters, within the confines of the state, and all bordering waters extending three miles into the Gulf of Mexico.

Wetlands- those areas that have one or more of the following attributes: support hydrophytic (water tolerant) vegetation during most of the year; contain predominately undrained hydric (water saturated) soils; and/or are periodically inundated or saturated by surface water or groundwater.

Whole Effluent Toxicity- the total toxic effect of an effluent measured directly with a toxicity test.

La. Admin. Code tit. 33, § IX-1105

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 10:745 (October 1984), amended LR 15:738 (September 1989), LR 17:264 (March 1991), LR 20:883 (August 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:2401 (December 1999), LR 26:2545 (November 2000), LR 29:557 (April 2003), LR 30:1473 (July 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 33:456 (March 2007), LR 33:827 (May 2007), LR 35:445 (March 2009), amended by the Office of the Secretary, Legal Division, LR 402243 (11/1/2014), Amended by the Office of the Secretary, Legal Division, LR 42736 (5/1/2016), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 461545 (11/1/2020).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2074(B)(1).