La. Admin. Code tit. 33 § IX-2525

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

Section IX-2525 - May the operator of a regulated small MS4 share the responsibility to implement the minimum control measures with other entities?

A. The permittee may rely on another entity to satisfy its LPDES permit obligations to implement a minimum control measure if:

1. the other entity, in fact, implements the control measure;

2. the particular control measure, or component thereof, is at least as stringent as the corresponding LPDES permit requirement; and

3. the other entity agrees to implement the control measure on the permittees behalf. In the reports the permittee shall submit under LAC 33:IX.2523.G.3, the permittee shall also specify it is relying on another entity to satisfy some of the permit obligations. If the permittee is relying on another governmental entity regulated under LAC 33:IX.Chapters 23-71 to satisfy all of the permit obligations, including the obligation to file periodic reports required by LAC 33:IX.2523. D.3, the permittee shall note that fact in its NOI, but the permittee is not required to file the periodic reports. The permittee remains responsible for compliance with the permit obligations if the other entity fails to implement the control measure (or component thereof). Therefore, the department encourages the permittee to enter into a legally binding agreement with that entity if the permittee wants to minimize any uncertainty about compliance with the permit.

B. In some cases the Office of Environmental Services may recognize, either in your individual LPDES permit or in an LPDES general permit, that another governmental entity is responsible under an LPDES permit for implementing one or more of the minimum control measures for your small MS4 or that the department itself is responsible. Where the Office of Environmental Services does so, you are not required to include such minimum control measure(s) in your storm water management program (e.g., if a state or tribe is subject to an LPDES permit that requires it to administer a program to control construction site runoff at the state or tribal level and that program satisfies all of the requirements of LAC 33:IX.2523.B.4, you could avoid responsibility for the construction measure, but would be responsible for the remaining minimum control measures). Your permit may be reopened and modified to include the requirement to implement a minimum control measure if the entity fails to implement it.

La. Admin. Code tit. 33, § IX-2525

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 26:2282 (October 2000), repromulgated LR 30:230 (February 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2512 (October 2005), LR 33:2167 (October 2007), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigation Division, LR 431354 (7/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074.