La. Admin. Code tit. 33 § IX-2317

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

Section IX-2317 - Prohibitions

A. No permit may be issued:

1. when the conditions of the permit do not provide for compliance with the applicable requirements of the CWA and the LEQA, or regulations promulgated under the CWA and the LEQA;

2. when the applicant is required to obtain a state or other appropriate certification under Section 401 of the CWA and 40 CFR 124.53 and that certification has not been obtained or waived;

3. by the state administrative authority where the EPA regional administrator has objected to issuance of the permit under 40 CFR 123.44;

4. when the imposition of conditions cannot ensure compliance with the applicable water quality requirements of all affected states;

5. when, in the judgment of the secretary, anchorage and navigation in or on any of the waters of the state would be substantially impaired by the discharge;

6. for the discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste;

7. for any discharge inconsistent with a plan or plan amendment approved under Section 208(b) of the CWA;

8. for any discharge to the territorial sea, the waters of the contiguous zone, or the oceans in the following circumstances:

a. before the promulgation of guidelines under Section 403(c) of the CWA (for determining degradation of the waters of the territorial seas, the contiguous zone, and the oceans) unless the director determines permit issuance to be in the public interest; or

b. after promulgation of guidelines under Section 403(c) of the CWA, when insufficient information exists to make a reasonable judgment whether the discharge complies with them;

9. to a new source or a new discharger, if the discharge from its construction or operation will cause or contribute to the violation of water quality standards. The owner or operator of a new source or new discharger proposing to discharge into a water segment which does not meet applicable water quality standards or is not expected to meet those standards even after the application of the effluent limitations required by Sections 301(b)(1)(A) of the CWA, and for which the state or interstate agency has performed a pollutants load allocation for the pollutant to be discharged, must demonstrate, before the close of the public comment period, that:

a. there are sufficient remaining pollutant load allocations to allow for the discharge; and

b. the existing dischargers into that segment are subject to compliance schedules designed to bring the segment into compliance with applicable water quality standards. The state administrative authority may waive the submission of information by the new source or new discharger required by this Paragraph if the state administrative authority determines that the state administrative authority already has adequate information to evaluate the request. An explanation of the development of limitations to meet the criteria of this Paragraph is to be included in the fact sheet to the permit under LAC 33:IX.2515.

La. Admin. Code tit. 33, § IX-2317

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 28:465 (March 2002), repromulgated LR 30:230 (February 2004).

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