La. Admin. Code tit. 33 § IX-303

Current through Register Vol. 50, No. 5, May 20, 2024

Section IX-303 - Permit Application Information

A. Any person desiring to obtain a LWDPS permit from the department shall make application on forms prescribed by the department and shall submit such information as required in LAC 33:IX.303.E below. Such person shall submit any reasonable additional information deemed necessary by the department to complete or correct deficiencies in the application before processing of the application will be completed. No application shall be deemed complete and ready for disposition until all reasonable additional information has been supplied. A site visit by department personnel shall be required if determined to be necessary by the department. The department shall not make a final determination on any application until such time as the applicant has supplied the requested information and otherwise corrected any deficiencies.

B. All applications and supporting documents shall be filed in triplicate with the department.

C. Applicants shall keep records of all data used to complete permit applications for a period of at least five years from the date the application is signed.

D. A person discharging waste from more than one facility or activity shall file a separate application for each one. A single application may be filed for multiple outfalls discharging from a single facility or activity, however the discharge from each outfall shall be described separately in the application.

E. All applicants for a LWDPS permit shall provide the following information to the Office of Environmental Services using the application form provided by the department, unless the department determines that such information is not required for applicant's facility or activity:

1. name, mailing address, and street location of the facility for which the application is submitted;

2. the operator's name, address, telephone number, ownership status, including the name and address of the owner, if different, and status as federal, state, private, public, or other entity;

3. name of applicant's parent corporation(s);

4. a brief description of the nature of the business, including the activities conducted by the applicant which require it to obtain a permit;

5. up to four Standard Industrial Classification (SIC) codes which best reflect the principal products or services provided by the facility;

6. a listing of all DEQ and EPA permits for the facility received or applied for by the applicant or its parent corporation;

7. the location of all sites, excluding temporary storage bins, involved in the storage of solid or liquid waste at the facility for which the application is being made; and, the method of ultimate disposal for solid or liquid waste generated by the facility;

8. a topographic map (or other map if a topographic map is unavailable) drawn to a reasonable scale and extending not less than 1 mile beyond the property boundaries of the site, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and when deemed necessary by the department, those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known by the applicant to be in the map area;

9. for each discharge outlet:

a.

i. the latitude and longitude to the nearest second [or if this information is unavailable to at least the nearest 15 seconds];

ii. the Section, Township, and Range information or other means, acceptable to the department, to locate each discharge outlet; and

iii. the name of the immediate receiving water body and river mile point where applicable;

b. when the discharge is to an unnamed receiving water, the first named water, and the approximate distance thereto, shall be indicated;

10. a line drawing of the water flow through the facility with a water balance showing operations contributing wastewater to the effluent and treatment units. Similar processes, operations, or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification under LAC 33:IX.303.E.13. The water balance must show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined (for example, for certain mining activities), the applicant may provide instead a pictorial description of the nature and amount of any sources of water and any collection and treatment measures;

11. a narrative identification of each type of process, operation, or production area which contributes wastewater to the effluent for each outlet, including process wastewater, cooling water, sewage, and storm water runoff (including material storage area runoff); the average flow which each wastewater contributes; and a description of the treatment, if any, each wastewater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge. Information may also be required concerning raw waste loads and efficiencies of treatment systems. Processes, operations or production areas may be described in general terms (for example, "dye-making reactor," "distillation tower"):

a. for a privately owned treatment works receiving waste from off-site users, this information shall include the identity and type of operation of each user of the treatment works. If wastes received by such a privately owned treatment works are limited to sanitary wastes, the number and types of units to be tied into the system shall be indicated. All publicly owned treatment works shall include the identity and type of operation of each user of the treatment works whose discharge may not be adequately treated by the treatment works;

12. a description of the frequency duration and flow rate of each discharge occurrence (except for storm water runoff, spillage, or leaks), if any of the discharges described in LAC 33:IX.303.E.13 are intermittent or seasonal;

13. a reasonable measure of the applicant's actual production reported in the units used in the applicable effluent guideline, if an effluent guideline applies to the applicant and is expressed in terms of production (or other measure of operation). A reasonable measure of actual production may be production during the high month of the previous year, or the monthly average for the highest of the previous five years. For new sources or new discharges, actual production may be estimated using projected production. The time period of the measure of production should correspond to the time period of the calculated permit limitations; for example, monthly production should be used to calculate average monthly discharge limitations;

14. if the applicant is subject to any present requirements or compliance schedules for construction, upgrading or operation of waste treatment equipment, an identification of the abatement requirement, a description of the abatement project, and a listing of the required and projected final compliance dates;

15. an applicant is expected to know or have reason to believe that a pollutant is present in an effluent based on an evaluation of the expected use, production, or storage of the pollutant, or on any previous analyses for the pollutant. Analyses should be made using methods approved by the department:

a. each applicant must report quantitative data for every outfall for the following pollutants:

i. oil and grease;

ii. biochemical oxygen demand (BOD₅);

iii. chemical oxygen demand;

iv. total organic carbon;

v. total suspended solids;

vi. ammonia (as N);

vii. temperature (both winter and summer);

viii. pH;

ix. sulfates;

x. total dissolved solids;

xi. chlorides;

b. each applicant with processes in one or more primary industry category (see LAC 33:IX.319.Appendix A) contributing to a discharge must report quantitative data for the following pollutants in each outfall containing process wastewater:

i. the organic toxic pollutants in the fractions designated in Table I of LAC 33:IX.325.Appendix D for the applicant's industrial category or categories. Table II of LAC 33:IX.325.Appendix D lists the organic toxic pollutants in each fraction. The fractions result from the sample preparation required by the analytical procedure which uses gas chromatography/mass spectrometry. A determination that an applicant falls within a particular industrial category for the purposes of selecting fractions for testing is not conclusive as to the applicant's inclusion in that category for any other purposes;

ii. the pollutants listed in Table III of LAC 33:IX.325.Appendix D (the toxic metals, cyanide, and total phenols);

c. each applicant must report for each outfall quantitative data for the following pollutants, if the applicant knows or has reason to believe that the pollutant is discharged from the outfall:

i. all pollutants listed in Table II or Table III of LAC 33:IX.325.Appendix D (the toxic pollutants) for which quantitative data is not otherwise required;

ii. all pollutants in Table IV of LAC 33:IX.325.Appendix D (certain conventional and nonconventional pollutants);

d. each applicant must indicate whether he knows or has reason to believe that any of the pollutants in Table V of LAC 33:IX.325.Appendix D (certain hazardous substances and asbestos) is discharged from each outfall. For every pollutant expected to be discharged, the applicant must briefly describe the reasons the pollutant is expected to be discharged, and report any quantitative data it has for any pollutant;

e. each applicant must report qualitative data, generated using a screening procedure not calibrated with analytical standards for 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if it:

i. uses or manufactures 2,4,5-trichlorophenoxy acetic acid (2,4,5,-T); 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP); 2-(2,4,5-trichlorophenoxy) ethyl, 2,2-dichloropropionate (Erbon); 0,0-dimethyl 0-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel); 2,4,5-trichlorophenol (TCP); or hexachlorophene (HCP); or

ii. knows or has reason to believe that TCDD is or may be present in an effluent;

f. the requirements in LAC 33:IX.303.E.15.c and d of this Section that an applicant must provide quantitative data for certain pollutants known or believed to be present does not apply to pollutants present in a discharge solely as the result of their presence in intake water; however, an applicant must report such pollutants as present;

g. at the applicant's request, the administrative authority may waive the reporting requirements for one or more of the pollutants listed in LAC 33:IX.303.E.15.a-e of this Section. Additionally, at the applicant's request, the administrative authority may authorize the substitution of alternative pollutants in the analysis and reporting requirements of LAC 33:IX.303.E.15.a-e;

h. each applicant should report any pollutant listed in LAC 33:I.3931 (Reportable Quantity List of Pollutants) of the Notification Regulations and Procedures for Unauthorized Discharges;

16. if a contract laboratory or consulting firm performed any of the analyses required by LAC 33:IX.303.E.15, the identity of each laboratory or firm and the analyses performed;

17. a listing of any toxic pollutant which the applicant currently uses or manufactures as an intermediate, feedstock, final product, or byproduct. The administrative authority may waive or modify this requirement for any applicant if the applicant demonstrates that it would be unduly burdensome to identify each toxic pollutant and the administrative authority has adequate information to issue the permit;

18. an identification of any biological toxicity tests which the applicant knows or has reason to believe have been made within the last three years on any of the applicant's discharges or on a receiving water in relation to a discharge;

19. a report of the history of water violations and enforcement actions for that facility (including, but not limited to, a summary of permit excursions for the last two years, administrative orders, compliance orders, notices of violation, cease and desist orders and any other enforcement actions either already resolved or still pending). The department may choose, at its discretion, to require a more in-depth report of violations and compliance for the applicant himself/herself covering any law, permit, or order concerning pollution;

20. a discussion of feasible alternative treatment methods, including no discharge, and reasons why those methods were not chosen;

21. in addition to the information reported on the application form, applicants shall provide such other information as may reasonably be required to assess the discharges of the facility and to determine whether to issue a permit. The additional information may include quantitative data and bioassays to assess the relative toxicity to aquatic life of the discharges and requirements to determine the cause of toxicity.

F. The following additional information shall be required in all applications for new permits and if not addressed by the applicant, the application is incomplete and not acceptable for review.

1. Have the potential and real adverse environmental effects of the proposed facility been avoided to the maximum extent possible?

2. Does a cost benefit analysis of the environmental impact costs balanced against the social and economic benefits of the proposed facility demonstrate that the latter outweighs the former?

3. Are there alternative projects which would offer more protection to the environment than the proposed facility without unduly curtailing nonenvironmental benefits?

4. Are there alternative sites which would offer more protection to the environment than the proposed facility site without unduly curtailing nonenvironmental benefits?

5. Are there mitigating measures which would offer more protection to the environment than the facility as proposed without unduly curtailing nonenvironmental benefits?

G. Enforcement Actions

1. The department may take enforcement action as prescribed by state law or regulation against any person who:

a. fails to submit an application as required by law;

b. knowingly makes any false statement, representation, or certification in any application, record, report, or other documents filed with the department pursuant to the state law or the rules and regulations pursuant to state law. Violations of this provision can subject the violator to the penalties provided for in the act for perjury or false statements.

2. The department may take enforcement action as prescribed by state law or regulation against any person who:

a. fails to correct deficiencies in the application; or upon becoming aware that any relevant facts or information were omitted in a permit application or in any report to the department, fails to promptly submit such facts or information;

b. fails to submit when requested in writing any additional information deemed necessary by the department;

c. fails to take necessary action(s) to complete permit issuance such as payment of fees or publication of required notices.

3. Exception. In cases where the application is withdrawn by the applicant, a written notification must be provided to the Office of Environmental Services stating that no discharge or other activity that would require a permit under these regulations is currently taking place. Provided that the application was not made in response to previous enforcement action, the applicant is then exempt from enforcement action for causes listed under Paragraph G.2 of this Section.

H. Signatories and Authorization

1. All permit applications shall be signed as follows:

a. for a corporation, by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means:

i. a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or

ii. the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

b. for a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or

c. for a municipality, parish, state, federal or other public agency, by either a principal executive officer or ranking elected official. For purposes of this Section, a principal executive officer of a federal agency includes:

i. the chief executive officer of the agency; or

ii. a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

2. A state permit application and all other forms and reports required by these regulations may be signed by a duly authorized representative of the applicant, if:

a. the authorization is made in writing by a person described in LAC 33:IX.303.H.1 of this Section;

b. the authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as a position of plant manager, operator of a well or well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (a duly authorized representative may thus be either a named individual or any individual occupying a named position); and

c. the written authorization is submitted to the Office of Environmental Services.

3. If an authorization under this Subsection is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Paragraph H.2 of this Section shall be submitted to the Office of Environmental Services prior to or together with any reports, information, or applications to be signed by an authorized representative.

4. Any person signing any document under this Subsection shall make the following certification.

"I certify under penalty of law that this document and all attachments were prepared under the direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."

La. Admin. Code tit. 33, § IX-303

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 11:1066 (November 1985), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2539 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2505 (October 2005), LR 33:2161 (October 2007).

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