La. Admin. Code tit. 33 § IX-1507

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-1507 - Procedures for Issuance of Water Quality Certification

A. Application Requirements

1. Application Requirements. Any person, desiring issuance of a state water quality certification, shall file an application for certification with the Department of Environmental Quality at its office in Baton Rouge. The application should include:

a. the date of application;

b. the name, address, or principal place of business of the applicant;

c. if the applicant is a corporation, the state in which it is incorporated, the name of its principal officers and the name and address of the Louisiana agent for service of process;

d. the name of the individual who shall be primarily responsible for conduct of the activity for which certification is sought (plant manager or other person responsible for facility operation);

e. the nature of the activity to be conducted by the applicant, including estimates of volume of excavation for dredge and fill activities;

f. whether the discharge is occurring or proposed, including an estimated schedule for all proposed activities;

g. the location of the discharge, stating if applicable, the municipality, the parish, the drainage basin, the name of the receiving water, and the location of the point of discharge with regard to the receiving water;

h. the nature of the receiving water, including type (creek, river, swamp, canal, lake or pond), nature (fresh, brackish or salt), and direction of flow;

i. description of waste treatment works, if any, that will receive and process the wastewater before discharge into the receiving water;

j. the type of discharge, including chemical composition, quantity (expressed as gallons per unit of time), frequency, temperature, and kinds and quantities of pollutants or contaminants;

k. projected future variations in the nature of the discharge;

l. the type, diameter or cross-section and length of any conduit conveying the discharge;

m. names and addresses of adjoining riparian owners; and

n. maps, drawings, or plats at an appropriate scale and referenced to a commonly used set of geographic coordinates (latitude/longitude or section/range/township) which provide sufficient detail to accurately delineate:

i. the boundaries of the lands owned or to be utilized by the applicant in carrying out any activity;

ii. the location and extent of receiving waters in the vicinity of said lands;

iii. the location, dimensions, and type of any temporary or permanent structures or conveyances erected or to be erected on said lands; and

iv. the location of discharges into receiving waters.

2. Processing Fee

a. A one-time processing fee will be assessed all applicants to help defray the costs of this expanded program. The fee schedule will be as follows.

Noncommercial Activities	$37/application
Commercial Activities	$385/application

b. Payment shall accompany the application for certification. The department shall consider the application incomplete and initiation of the application review process will not begin until payment of the processing fee is received. Payment shall be by one of the methods listed in LAC 33:IX.1309.M.1-2.b and shall be nonrefundable.

3. Exemptions from Processing Fee. All 402 permit applications will be exempt from this fee since fees are already assessed as part of the state permit system.

4. Approved Land Management Plan Requirement. Applicants whose applications involve the clearing of land for agricultural purposes shall submit to the Office of Environmental Services an approved land management plan for the land to be cleared before the application will be deemed adequate.

5. Power to Request Additional Information. The administrative authority may request, and the applicant shall furnish, any additional information deemed necessary for the proper consideration of the application to determine if the proposed discharge meets all applicable effluent limitations, water quality related effluent limitations, water quality standards, new source performance standards, and toxic and pretreatment standards.

6. Omissions from Applications. If the applicant considers that it is not feasible or is unnecessary to furnish any portion of the information required by Paragraphs 1 and 2 of this Section, applicant shall submit a detailed statement explaining the reasons for omission of any such information; but if the administrative authority does not concur in such omission, applicant shall submit the omitted information.

7. Confidentiality of Information. Any information submitted by the applicant, as required by an application for certification, and declared as confidential by the applicant shall be handled in accordance with LAC 33:I.Chapter 5.

8. Signing of Applications. Applications will be considered valid only if the application bears the signature of an individual authorized by a company, corporation, municipality, governmental agency, or an individual if the individual is the applicant. The signatory shall certify that all information contained in the application is true and correct to the best of his knowledge.

B. Alternative Application Submittal. Any applicant may elect to submit to the Office of Environmental Services a duplicate of the proposed federal permit application in lieu of a separate application for state certification. Such submittal must include a cover letter requesting state certification and indicating that the attached copy of a federal permit application is to serve as the application for state certification.

C. Application Review

1. All applications will be reviewed for adequacy of content in accordance with application criteria and the type and extent of the proposed activity. The application shall be considered incomplete until payment of the processing fee is received. The administrative authority reserves the right to request additional information where it is deemed necessary to make a final certification decision. An application will be deemed complete if the administrative authority does not indicate otherwise by a written response to the applicant within 30 days.

2. The administrative authority reserves the right to conduct investigations concerning the application as deemed necessary. The applicant shall cooperate to the extent that he shall furnish additional information, allow access to lands or works of the applicant, and lend such assistance as shall be reasonable.

3. All applications will be reviewed in terms of compliance with State Water Quality Standards, the approved Water Quality Management Plan for the water body affected by the activity, and applicable state water laws, rules, and regulations.

D. Public Notice Requirements

1. Notice by Publication. Within 10 days after the review process is completed by the administrative authority, the applicant will be sent a public notice. The applicant shall publish the public notice one time in the official journal of the state and one time in at least one or more, at the discretion of the administrative authority, local newspapers or journals of general circulation in each parish in which the activity is to be conducted.

a.The Advocate of Baton Rouge is the official journal of the state.

b. A period of 10 calendar days after the date of publication will be allowed for public comment.

c. Contents of the notice shall be as follows:

i. name and address of applicant;

ii. activity proposed in the application;

iii. nature and location of the activity;

iv. date of and final action proposed by the administrative authority;

v. name and address of administrative authority's representative to whom comments shall be submitted;

vi. statement that comments will be received for 10 days following publication; and

vii. statement that additional information is on file with administrative authority, may be inspected at any time during normal working hours, and shall be made available upon payment of cost of printing to the administrative authority.

d. The applicant shall provide proofs of publication of the public notice to the administrative authority.

2. The administrative authority shall send a copy of the public notice to any person on a mailing list developed by the administrative authority or publish the public notice in a department bulletin mailed to such persons and to any person who requests a copy of the public notice for the particular action.

3. Notice of Hearing. If the administrative authority determines that a hearing, as hereinafter provided for, should be held concerning the granting or denial of the certification, notice of the hearing shall be published one time in the official journal of the state, and one time in at least one or more at the discretion of the administrative authority, newspapers or journals having general circulation in the locality in which the activity will occur. The notice shall be published at least 30 days prior to the date of the hearing. The notice shall state the time, place, and nature of the hearing. In addition, a copy of the notice shall be served on the applicant and the person or persons requesting the hearing at least 30 days prior to the date of the hearing.

4. Notice List. A copy of the notice of the hearing shall be mailed to each person on the notice list maintained by the administrative authority in accordance with the rules of procedure of the commission and to any person who specifically requests notice of a hearing on a specific application.

5. Notice to Other Persons. The administrative authority may give written notice to such other persons as is deemed necessary.

6. Other Notices. Notices required by this Section for state certification shall be in addition to any other notice concerning the same activity by the applicant or any federal agency unless the various state and/or federal agencies have adopted a procedure for the issuance of joint public notices.

7. Payment of Costs of Public Notice. The applicant shall bear the costs of publication of notices required by LAC 33:IX.1507.D in accordance with R.S. 30:2074(A)(3). When a hearing is requested by the applicant, and is held, the applicant shall bear the costs of publishing that hearing notice.

E. Public Hearings

1. Public Hearing on Certification Application

a. A public hearing may be held in connection with the consideration of an application for an original water quality certification or when it is proposed that an existing certification be modified or revoked.

b. Any person may request in writing within the comment period specified in the public notice required by LAC 33:IX.1507.D of this regulation that a public hearing will be held to consider material matters at issue in a certification application. Upon receipt of any such request, the administrative authority shall determine whether the issues raised are substantial and there is a valid public interest to be served by holding a public hearing.

c. Public hearing(s) are appropriate when there is significant public opposition to a proposed certification and the case involves significant economic, social, or environmental issues.

d. If the determination is made to hold a public hearing, the administrative authority shall so notify the applicant by registered or certified mail, return receipt requested, and shall publish and give notice as required by LAC 33:IX.1507.D of these regulations. Such hearing will be held within 90 days following date of notification.

2. Hearing for Applicant upon Certification Denial. If the certification is denied by the administrative authority, the applicant may make a request for a hearing, in writing, to the administrative authority within 10 days after notification of denial, unless the reason for the denial is a determination by the administrative authority at a prior hearing that the activity or proposed activity of the applicant would violate applicable provisions of the Federal Clean Water Act or the Louisiana Environmental Quality Act or any regulations thereof. The administrative authority may in its sole discretion, for good cause shown, grant such request. If request for hearing is granted, notice shall be given as required by LAC 33:IX.1507.D of these regulations.

3. Hearing Location. Every hearing held pursuant to this Section shall be held before the administrative authority at a location convenient to the nearest population center affected by the proposed certification, unless the administrative authority specifically designates some other location.

4. Hearing Records. The record of each hearing held under this Section shall remain open for a period of 30 days after the date of the hearing to received written comments. Written comments and statements received within the 30 day period shall become part of the official hearing record.

5. Other Hearings. Joint public hearings are encouraged whenever approved by federal and/or state agencies. No hearing under this Section, however, shall preclude or replace any hearing required by other laws and regulations of the state of Louisiana or any federal agency unless provision has been made for joint public hearings.

F. Issuance of Certification

1. Time Limit for Final Action. All applications for the certification shall be granted or denied within 60 days after the application is deemed complete by the administrative authority unless:

a. the applicant or federal agency agrees, in writing, to a longer period;

b. final decision is to be made pursuant to a public hearing;

c. applicant or federal agency fails to furnish information necessary to the completion of the application;

d. applicant or federal agency refuses the administrative authority access to records or premises for the purposes of gathering information necessary to the certification decision;

e. information necessary to the certification decision is unavailable; or

f. the application for certification is for an NPDES permit which requires an extended review period in accordance with an agreement with the federal agency.

2. Time Limit for Final Action after Hearing. All applications for certification shall be granted or denied within 90 days after public hearing unless applicant otherwise agrees in writing, or unless LAC 33:IX.1507.F.1.c-f apply.

3. Conditions for Certification

a. If, after review of the application and any comments, publication of public notices, public hearing if applicable, expiration of the required periods for public comment, and receipt of proofs of publication, it is determined that the proposed project will not violate State Water Quality Standards, is in accordance with an approved Water Quality Management Plan, or applicable state water laws, rules, or regulations, the administrative authority will issue a letter of no objection with a statement of water quality certification to the applicant and forward a copy of the certification to the applicable federal agency.

b. The letter of certification will include any stipulations or conditions necessary to ensure compliance with state Water Quality Standards, approved Water Quality Management Plans, or applicable state water laws, rules, or regulations.

c. Notification of Denial, Modification, or Revocation of Certification

i. In the event that the administrative authority denies, modifies or revokes certification or for any reason is unable to approve the application, it shall so notify the applicant by certified or registered mail, return receipt requested, specifying in such notification the reasons for the denial, modification, or revocation or inability to approve the application.

ii. A copy of the notification of denial, modification or revocation shall be mailed to the appropriate federal agency or agencies.

G. Modification of Certification

1. Requests for revision of an application or modification of an existing certification shall include a description of the proposed changes in accordance with guidelines for content of applications.

2. Requests for modification of an existing certification will require notice in accordance with LAC 33:IX.1507.D of this regulation under the following conditions, or at the discretion of the administrative authority.

a. The proposed modification could result in violations of state Water Quality Standards, an approved Water Quality Management Plan, or applicable laws, rules, or regulations based on LAC 33:IX.1507.C or LAC 33:IX.1507.F.3 of this regulation.

b. A public hearing was conducted with regard to the original certification.

c. The federal agency requiring the application for modification requires public notice.

H. Revocation of Certification

1. Any certification issued pursuant to this regulation is subject to revocation or modification for violation of any guideline, criterion, or condition under which the certification was approved.

2. Any certification issued pursuant to this regulation is subject to revocation or modification upon a determination that information contained in the application or presented in support thereof is incorrect or if conditions under which the certification was made have changed.

La. Admin. Code tit. 33, § IX-1507

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 10:496 (July 1984), amended by the Office of the Secretary, LR 22:345 (May 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2550 (November 2000), LR 29:690 (May 2003), LR 29:2052 (October 2003), amended by the Office of Environmental Assessment, LR 30:2027 (September 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2507 (October 2005), LR 33:2163 (October 2007), LR 35:2181 (October 2009), Amended by the Office of the Secretary, Legal Division, LR 43949 (5/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2074(A)(3).