La. Admin. Code tit. 33 § IX-2301

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

Section IX-2301 - General Conditions

A. The conditions and requirements in this Chapter apply only to facilities and discharges within the scope of coverage of the NPDES program and to permits issued in accordance with the assumption of the NPDES program. Provisions of the federal regulations addressing sewage sludge use and disposal have been retained and state terminology has been substituted for federal terminology as appropriate. Unless specifically indicated in LAC 33:IX.Chapter 73 as being applicable, requirements relative to a state sewage sludge management program in LAC 33:IX.Chapters 23-71 are not applicable until the Department of Environmental Quality (DEQ) receives the sewage sludge management program authority, in accordance with 40 CFR Part 501 under the NPDES program. Until DEQ receives the sewage sludge management program authority, in accordance with 40 CFR Part 501 under the NPDES program, the requirements relative to the state sewage sludge management program are those in LAC 33:IX.Chapter 73. In accordance with R.S. 40:4(A)(6), plans and specifications for a sanitary wastewater treatment facility are reviewed and approved by the state health officer or his designee.

B. In accordance with 40 CFR 123.1(i) all requirements in LAC 33:IX.Chapters 5-21 that are within the scope of coverage of the NPDES program shall apply to the LPDES program. Any requirements that are less stringent than the NPDES program requirements shall not apply. Any requirements that are not within the scope of coverage of the NPDES program may only be applied and enforced as state-only requirements. Examples of requirements that are not within the scope of coverage of the NPDES program include, but are not limited to, regulations relative to groundwater, permits required for non-point-source discharges, and permits required for shell dredging activities.

C. LAC 33:IX.Chapters 1 and 3 shall not apply to any facility or discharge that is within the scope of coverage of the NPDES program.

D. Upon assumption of the NPDES program by the state, the status of NPDES and LWDPS permits shall be as follows:

1. for facilities with valid NPDES permits only, the existing NPDES permits shall become LPDES permits with an expiration date consistent with that originally designated;

2. for facilities with both valid NPDES and valid LWDPS permits, the NPDES permit shall become the LPDES permit and become enforceable under these regulations. The LWDPS permit will also remain in effect and be enforceable under these regulations until such time as it expires or is terminated;

3. for facilities with valid LWDPS permits only, the LWDPS permit shall remain in effect and be enforceable under these regulations until such time as the LWDPS permit expires or is terminated and an LPDES permit is issued; and

4. for facilities for which an extension has been authorized by EPA under the NPDES program, such extension shall become enforceable under the LPDES program, and any valid NPDES permit applications for such facilities, which have been submitted in a timely manner (LAC 33:IX.2321.A and B and 2701.B), shall become LPDES permit applications upon the effective date of these regulations.

E. In addition to the requirements in LAC 33:IX.Chapters 23-63, the conditions of LAC 33:IX.Chapter 65 shall apply to the LPDES program.

F. All references to the Code of Federal Regulations (CFR) contained in this Chapter shall refer to those regulations published in the July 1, 2009 CFR, unless otherwise noted.

La. Admin. Code tit. 33, § IX-2301

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended LR 23:199 (February 1997), LR 23:722 (June 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1467 (August 1999), LR 26:1609 (August 2000), LR 27:2231 (December 2001), LR 28:996 (May 2002), LR 29:700 (May 2003), repromulgated LR 30:230 (February 2004), LR 30:752 (April 2004), amended by the Office of Environmental Assessment, LR 31:920 (April 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 32:604 (April 2006), LR 33:641 (April 2007), LR 33:2365 (November 2007), LR 34:867 (May 2008), LR 35:1110 (June 2009), LR 36:2275 (October 2010).

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