La. Admin. Code tit. 33 § IX-317

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

Section IX-317 - Special Permits/Programs

A. General Permits

1. The department may issue general permits for certain categories of minor facilities or activities where individual permits are not necessary in order to adequately protect the environment or the public health. Before a general permit is issued the following conditions must be met:

a. there must be several minor sources or activities which involve the same or substantially similar types of operations;

b. these facilities or activities discharge or dispose of the same or similar types of wastes;

c. the same or similar monitoring requirements, effluent limitations and operating conditions apply to these facilities or activities; and

d. these facilities or activities would be more appropriately controlled under a general permit than under individual permits.

2. Although general permits may include activities throughout the state, they may also be restricted to more limited geographical areas.

3. All persons operating a source or conducting an activity described in a general permit become permittees, unless the source or activity is specifically covered by an individual permit.

4. In order for the department to maintain an updated list, a facility or activity that is covered by a general permit may be required to register with the department in accordance with the requirements of the general permit.

5. Any permittee covered by an individual permit may request that the individual permit be canceled or allowed to expire if the permitted source or activity is also covered by a general permit. As long as the source or activity is covered by an individual permit, as well as a general permit, the conditions and limitations of the individual permit govern, until such time as it is cancelled or expires.

6. Any permittee not wishing to be covered by a general permit may make application for an individual permit in accordance with permit procedures.

7. The department may revoke the authorization to discharge in accordance with a general permit as it applies to any person and require such person to apply for and obtain an individual permit if:

a. the covered source or activity is a significant contributor to pollution or creates other environmental problems;

b. the permittee is not in compliance with the terms and conditions of a general permit; or

c. conditions or standards have changed so that the source or activity no longer qualifies for a general permit.

B. Experimental Permits

1. To promote the development of water pollution control technology for innovative processes or techniques, the department may issue experimental permits that do not contain provisions generally found in permits provided that the applicant submits clear, cogent, and convincing proof that the process or technique has a reasonable and substantial chance for success.

2. All experimental permits shall not exceed one year in duration.

C. Temporary Permits

1. The department may issue a temporary or interim permit to a person to allow discharge of pollutants where:

a. such discharge is unpermitted;

b. the discharge consists of pollutants not covered by an effective permit; or

c. the discharge consists of pollutants that are covered by an effective permit but the permit limits will be exceeded.

2. This temporary permit may be issued provided that:

a. the applicant submits a complete application;

b. the applicant can reasonably ensure that there is no public opposition to this permit.

3. Under circumstances where the administrative authority determines that time is a critical factor, oral requests are acceptable but must be followed within five days with a written request.

4. A temporary permit may be oral or written. Oral permission may only be given by the administrative authority. If oral permission is granted, it shall be followed within five days by a written temporary permit.

5. All temporary permits shall not exceed 90 days in duration.

D. All requests for general permits, experimental permits, or temporary permits shall be in writing with the exceptions already noted. Such permits shall be subject to the provisions found in LAC 33:IX.307, 309, and 311 of these regulations.

La. Admin. Code tit. 33, § IX-317

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 26:2543 (November 2000).

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