La. Admin. Code tit. 33 § IX-2315

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

Section IX-2315 - Exclusions

A. The following activities do not require LPDES permits:

1. any discharge of sewage from vessels, effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel. This exclusion does not apply to rubbish, trash, garbage, or other such materials discharged overboard; nor to other discharges when the vessel is operating in a capacity other than as a means of transportation such as when used as an energy or mining facility, a storage facility or a seafood processing facility, or when secured to a storage facility or a seafood processing facility, or when secured to the bed of the ocean, contiguous zone or waters of the state for the purpose of mineral or oil exploration or development;

2. discharges of dredged or fill material into waters of the state which are regulated under Section 404 of the CWA;

3. the introduction of sewage, industrial wastes or other pollutants into publicly owned treatment works by indirect dischargers. Plans or agreements to switch to this method of disposal in the future do not relieve dischargers of the obligation to have and comply with permits until all discharges of pollutants to waters of the state are eliminated. (See also LAC 33:IX.2713.B). This exclusion does not apply to the introduction of pollutants to privately owned treatment works or to other discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other party not leading to treatment works;

4. any discharge in compliance with the instructions of an On-Scene Coordinator pursuant to 40 CFR Part 300 (The National Oil and Hazardous Substances Pollution Contingency Plan) or 33 CFR 153.10(e) (Pollution by Oil and Hazardous Substances);

5. any introduction of pollutants from nonpoint source agricultural and silvicultural activities, including storm water runoff from orchards, cultivated crops, pastures, range lands, and forest lands, but not discharges from concentrated animal feeding operations as defined in LAC 33:IX.2313, discharges from concentrated aquatic animal production facilities as defined in LAC 33:IX.2313, discharges to aquaculture projects as defined in LAC 33:IX.2313, and discharges from silvicultural point sources as defined in LAC 33:IX.2513;

6. return flows from irrigated agriculture;

7. discharges into a privately owned treatment works, except as the state administrative authority may otherwise require under LAC 33:IX.2707.M.

8. discharges from a water transfer: Water transfer means an activity that conveys or connects waters of the United States without subjecting the transferred water to intervening industrial, municipal, or commercial use. This exclusion does not apply to pollutants introduced by the water transfer activity itself to the water being transferred.

La. Admin. Code tit. 33, § IX-2315

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), repromulgated by the Office of Environmental Assessment, Environmental Planning Division, LR 30:230 (February 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2069 (October 2007), LR 37:589 (February 2011), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, amended LR 45661 (5/1/2019).

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