La. Admin. Code tit. 33 § IX-2313
Administrator- the administrator of the United States Environmental Protection Agency, or an authorized representative.
Animal Feeding Operation- a lot or facility (other than an aquatic animal production facility) where the following conditions are met:
a. animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and
b. crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.
Applicable Standards and Limitations- all state, interstate, and federal standards and limitations to which a discharge, a sewage sludge use or disposal practice, or a related activity is subject under the CWA, including effluent limitations, water quality standards, standards of performance, toxic effluent standards or prohibitions, best management practices, pretreatment standards and standards for sewage sludge use or disposal under Sections 301, 302, 303, 304, 306, 307, 308, 403, and 405 of the CWA.
Application- the standard forms for applying for a permit, including any additions, revisions or modifications to the forms; or forms approved by EPA for use in approved states, including any approved modifications or revisions.
Approved Program or Approved State- a state or interstate program which has been approved or authorized by EPA under 40 CFR Part 123.
Aquaculture Project- a defined managed water area that uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals.
Average Monthly Discharge Limitation- the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
Average Weekly Discharge Limitation- the highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.
Best Management Practices (BMPs)- schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
BMPs- best management practices.
Bypass- the intentional diversion of waste streams from any portion of a treatment facility.
Class I Sludge Management Facility- any POTW identified under LAC 33:IX.6115.A as being required to have an approved pretreatment program (including such POTWs located in a state that has elected to assume local program responsibilities pursuant to LAC 33:IX.6119.E) and any other treatment works treating domestic sewage classified as a Class I sludge management facility by the EPA regional administrator, or, in the case of approved state programs, the EPA regional administrator, in conjunction with the state administrative authority, because of the potential for its sludge use or disposal practices to adversely affect public health and the environment.
Concentrated Animal Feeding Operation- an animal feeding operation that meets the criteria in LAC 33:IX.7103.Appendix B, or that the state administrative authority designates under LAC 33:IX.2505.C.
Concentrated Aquatic Animal Production Facility- a hatchery, fish farm, or other facility that meets the criteria in LAC 33:IX.7105.Appendix C, or that the state administrative authority designates under LAC 33:IX.2507.C.
Contiguous Zone- the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone.
Continuous Discharge- a discharge which occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities.
CWA- the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et seq.
CWA and Regulations- the Clean Water Act (CWA) and applicable regulations promulgated thereunder. In the case of an approved state program, it includes state program requirements.
Daily Discharge- the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day.
Direct Discharge- the discharge of a pollutant.
Director- the EPA regional administrator or the state administrative authority, as the context requires, or an authorized representative. When there is no approved state program, and there is an EPA administered program, director means the EPA regional administrator. When there is an approved state program, director normally means the state administrative authority. In some circumstances, however, EPA retains the authority to take certain actions even when there is an approved state program. (For example, when EPA has issued an NPDES permit prior to the approval of a state program, EPA may retain jurisdiction over that permit after program approval, see 40 CFR 123.1.) In such cases, the term director means the EPA regional administrator and not the state administrative authority.
Discharge- when used without qualification means the discharge of a pollutant.
Discharge of a Pollutant- any addition of any pollutant or combination of pollutants to waters of the state from any point source, or any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. This definition includes additions of pollutants into waters of the state from: surface runoff which is collected or channelled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition of pollutants by any indirect discharger.
Discharge Monitoring Report (DMR)- the uniform form, including any subsequent additions, revisions, or modifications for the reporting of self-monitoring results by permittees. DMRs must be used by approved states as well as by EPA. EPA will supply DMRs to any approved state upon request. The forms may be modified to substitute the state agency name, address, logo, and other similar information, as appropriate, in place of EPA's.
DMR- discharge monitoring report.
Draft Permit- a document prepared under LAC 33:IX.3107 indicating the state administrative authority's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in LAC 33:IX.3105, are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination, as discussed in LAC 33:IX.3105, is not a draft permit. A proposed permit is not a draft permit.
Effluent Limitation- any restriction imposed by the director on quantities, discharge rates, and concentrations of pollutants which are discharged from point sources into waters of the state, the waters of the contiguous zone, or the ocean.
Effluent Limitations Guidelines- a regulation published by the administrator under Section 304(b) of the CWA to adopt or revise effluent limitations.
Environmental Protection Agency (EPA)- the United States Environmental Protection Agency.
EPA- the United States Environmental Protection Agency.
Facility or Activity- any LPDES point source or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the LPDES program.
Federal Indian Reservation- all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation.
General Permit- an LPDES permit issued under LAC 33:IX.2515 authorizing a category of discharges under the Louisiana Environmental Quality Act (LEQA) within a geographical area.
Hazardous Substance- any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Indian Country-
a. all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation;
b. all dependent Indian communities within the borders of the United States, whether within the originally or subsequently acquired territory thereof, and whether within or without the limits of a state; and
c. all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
Indian Tribe- any Indian tribe, band, group, or community recognized by the secretary of the Interior and exercising governmental authority over a federal Indian reservation.
Indirect Discharger- a nondomestic discharger introducing pollutants to a publicly owned treatment works.
Interstate Agency- an agency of two or more states established by or under an agreement or compact approved by the Congress, or any other agency of two or more states having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator under the CWA and regulations.
Major Facility- any LPDES facility or activity classified as such by the EPA regional administrator, or, in the case of approved state programs, the EPA regional administrator in conjunction with the state administrative authority.
Maximum Daily Discharge Limitation- the highest allowable daily discharge.
Municipal Separate Storm Sewer System-as defined at LAC 33:IX.2511.B.4 and 7.
Municipality- a city, town, borough, county, parish, district, association, or other public body created by or under state law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA.
National Pollutant Discharge Elimination System (NPDES)- the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 402, 318, and 405 of the CWA.
New Discharger- any building, structure, facility, or installation:
a. from which there is or may be a discharge of pollutants;
b. that did not commence the discharge of pollutants at a particular site prior to August 13, 1979;
c. which is not a new source; and
d. which has never received a finally effective permit for discharges at that site. This definition includes an indirect discharger which commences discharging into waters of the state after August 13, 1979. It also includes any existing mobile point source (other than an offshore or coastal oil and gas exploratory drilling rig or a coastal oil and gas developmental drilling rig) such as a seafood processing rig, seafood processing vessel, or aggregate plant, that begins discharging at a site for which it does not have a permit; and any offshore or coastal mobile oil and gas exploratory drilling rig or coastal mobile oil and gas developmental drilling rig that commences the discharge of pollutants after August 13, 1979, at a site under EPA's permitting jurisdiction for which it is not covered by an individual or general permit and which is located in an area determined by the EPA regional administrator in the issuance of a final permit to be an area of biological concern. In determining whether an area is an area of biological concern, the state administrative authority shall consider the factors specified in LAC 33:IX.6305.A.1-10. An offshore or coastal mobile exploratory drilling rig or coastal mobile developmental drilling rig will be considered a new discharger only for the duration of its discharge in an area of biological concern.
New Source- any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:
a. after promulgation of standards of performance under Section 306 of the CWA which are applicable to such source; or
b. after proposal of standards of performance in accordance with Section 306 of the CWA which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal.
NPDES- National Pollutant Discharge Elimination System.
Owner or Operator- the owner or operator of any facility or activity subject to regulation under the LPDES program.
Permit- an authorization, license, or equivalent control document issued by EPA under NPDES or by the state administrative authority under LPDES to implement the requirements of LAC 33:IX.Chapters 23-35 and 40 CFR Part 123. Permit includes an NPDES or LPDES general permit (LAC 33:IX.2515). Permit does not include any permit which has not yet been the subject of final agency action, such as a draft permit or a proposed permit.
Person- an individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof.
Point Source- any 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, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff. (See LAC 33:IX.2315).
Pollutant- for the purposes of the Louisiana Pollutant Discharge Elimination System, as defined in the act, dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, except those regulated under the Atomic Energy Act of 1954, 42 U.S.C. 2011 et seq., as amended, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. For the purposes of the Louisiana Pollutant Discharge Elimination System, as defined in the act, pollutant does not mean:
a. water, gas, waste, or other material that is injected into a well for disposal in accordance with a permit approved by the Department of Natural Resources or the Department of Environmental Quality; or
b. water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the state in which the well is located, and if the state determines that the injection or disposal will not result in the degradation of ground or surface water resources.
Note: Radioactive materials covered by the Atomic Energy Act are those encompassed in its definition of source, by product, or special nuclear materials. Examples of materials not covered include radium and accelerator-produced isotopes. See Train v. Colorado Public Interest Research Group, Inc., 426 U.S. 1 (1976).
POTW- publicly owned treatment works.
Primary Industry Category- any industry category listed in the NRDC settlement agreement (Natural Resources Defense Council et al. v. Train, 8 E.R.C. 2120 (D.D.C. 1976), modified 12 E.R.C. 1833 (D.D.C. 1979)); also listed in LAC 33:IX.7101.Appendix A.
Privately Owned Treatment Works- any device or system which is:
a. used to treat wastes from any facility whose operator is not the operator of the treatment works; and
b. not a POTW.
Process Wastewater- any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by product, or waste product.
Proposed Permit- a LPDES permit prepared after the close of the public comment period (and, when applicable, any public hearing and administrative appeals) which is sent to EPA for review before final issuance by the state. A proposed permit is not a draft permit.
Publicly Owned Treatment Works (POTW)- a treatment works, as defined by Section 212 of the Act, that is owned by a state or municipality (as defined by Section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality, as defined in Section 502(4) of the Act, that has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
Recommencing Discharger- a source which recommences discharge after terminating operations.
Regional Administrator- the EPA regional administrator of the appropriate regional office of the Environmental Protection Agency or the authorized representative of the EPA regional administrator.
Schedule of Compliance- a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the CWA and regulations.
Secondary Industry Category- any industry category which is not a primary industry category.
Secretary- the Secretary of the Army, acting through the chief of engineers.
Septage- the liquid and solid material pumped from a septic tank, cesspool, or similar domestic sewage treatment system, or a holding tank when the system is cleaned or maintained.
Sewage from Vessels- human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes that are discharged from vessels and regulated under Section 312 of the CWA.
Sewage Sludge- any solid, semi-solid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. Sewage sludge includes, but is not limited to, solids removed during primary, secondary, or advanced wastewater treatment, scum, domestic septage, portable toilet pumpings, Type III marine sanitation device pumpings ( 33 CFR Part 159), and sewage sludge products. Sewage sludge does not include grit or screenings, or ash generated during the incineration of sewage sludge.
Sewage Sludge Use or Disposal Practice- the collection, storage, treatment, transportation, processing, monitoring, use, or disposal of sewage sludge.
Silvicultural Point Source-as defined at LAC 33:IX.2513.B.1.
Site- the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
Sludge-Only Facility-any treatment works treating domestic sewage whose methods of sewage sludge use or disposal are subject to regulations promulgated in accordance with Section 405(d) of the CWA, and is required to obtain a permit under LAC 33:IX.2311.A.2.
Standards for Sewage Sludge Use or Disposal- the regulations promulgated pursuant to Section 405(d) of the CWA which govern minimum requirements for sludge quality, management practices, and monitoring and reporting applicable to sewage sludge or the use or disposal of sewage sludge by any person.
State- any of the 50 states, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, or an Indian tribe as defined in these regulations which meets the requirements of 40 CFR 123.31 and this Chapter.
State Administrative Authority- the chief administrative officer of any state or interstate agency operating an approved program, or the delegated representative of the state administrative authority. If responsibility is divided among two or more state or interstate agencies, state administrative authority means the chief administrative officer of the state or interstate agency authorized to perform the particular procedure or function to which reference is made.
State/EPA Agreement- an agreement between the EPA regional administrator and the state which coordinates EPA and state activities, responsibilities and programs including those under the CWA programs.
Storm Water- storm water runoff, snow melt runoff, and surface runoff and drainage.
Storm Water Discharge Associated with Industrial Activity-as defined at LAC 33:IX.2511.B.14.
Total Dissolved Solids- the total dissolved (filterable) solids as determined by use of the method specified in 40 CFR Part 136 (see LAC 33:IX.4901).
Toxic Pollutant- any pollutant listed as toxic under Section 307(a)(1), or, in the case of sludge use or disposal practices, any pollutant identified in regulations implementing Section 405(d) of the CWA.
Treatment Works Treating Domestic Sewage(TWTDS)- a POTW or any other sewage sludge or wastewater treatment devices or systems, regardless of ownership (including federal facilities), used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated for the disposal of sewage sludge. This definition does not include septic tanks or similar devices. For purposes of this definition, domestic sewage includes waste and wastewater from humans or household operations that are discharged to or otherwise enter a treatment works. In states where there is no approved state sludge management program under Section 405(f) of the CWA, the EPA regional administrator may designate any person subject to the standards for sewage sludge use and disposal in 40 CFR Part 503 as a treatment works treating domestic sewage, where he or she finds that there is a potential for adverse effects on public health and the environment from poor sludge quality or poor sludge handling, use or disposal practices, or where he or she finds that such designation is necessary to ensure that such person is in compliance with 40 CFR Part 503.
Upset-an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
Variance- any mechanism or provision under Section 301 of the CWA or under LAC 33:IX.Chapters 37-47, 51 and 53, or in the applicable effluent limitations guidelines which allows modification to or waiver of the generally applicable effluent limitation requirements or time deadlines of the CWA. This includes provisions which allow the establishment of alternative limitations based on fundamentally different factors or on Sections 301(c), 301(g), 301(h), 301(i), or 316(a) of the CWA.
Waters of the State- for purposes of the Louisiana Pollutant Discharge Elimination System, all surface waters within the state of Louisiana and, on the coastline of Louisiana and the Gulf of Mexico, all surface waters extending therefrom 3 miles into the Gulf of Mexico. For purposes of the Louisiana Pollutant Discharge Elimination System, this includes all surface waters that are subject to the ebb and flow of the tide, lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, impoundments of waters within the state of Louisiana otherwise defined as Waters of the United States in 40 CFR 122.2, and tributaries of all such waters. Waters of the State does not include waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the Clean Water Act, 33 U.S.C. 1251 et seq.
Wetlands- those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Whole Effluent Toxicity- the aggregate toxic effect of an effluent measured directly by a toxicity test.
La. Admin. Code tit. 33, § IX-2313