La. Admin. Code tit. 33 § IX-3101

Current through Register Vol. 50, No. 6, June 20, 2024
Section IX-3101 - Definitions
A. In addition to the definitions given in LAC 33:IX.2313 and 40 CFR 123.2(LPDES) and 501.2 (sludge management), the definitions below apply to LAC 33:IX.Chapters 31-35.

Administrator- the administrator of the U.S. Environmental Protection Agency, or an authorized representative.

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.

Appropriate Act and Regulations- the Clean Water Act (CWA) and applicable regulations promulgated under those statutes. In the case of an approved state program, appropriate Act and regulations includes program requirements.

CWA- the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act of Federal Pollution Control Act Amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 95-217 and Pub. L. 95-576; 33 U.S.C. 1251 et seq.

Director- the EPA regional administrator, the state administrative authority or the tribal director as the context requires, or an authorized representative. When there is no approved state or tribal program, and there is an EPA administered program, Director means the EPA regional administrator. When there is an approved state or tribal program, director normally means the state administrative authority or tribal director. In some circumstances, however, EPA retains the authority to take certain actions even when there is an approved state or tribal 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 or tribal director.

Draft Permit- a document prepared under LAC 33:IX.3107 indicating the director'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.

EPA- the United States Environmental Protection Agency.

EPA Regional Administrator- the regional administrator of the appropriate regional office of the Environmental Protection Agency or the authorized representative of the EPA regional administrator.

Facility or Activity- any LPDES point source, or treatment works treating domestic sewage, or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the LPDES program.

Federal Indian Reservation (in the case of NPDES)- 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 (LPDES)- an LPDES permit authorizing a category of discharges or activities under the LEQA within a geographical area.

Indian Tribe-f or the NPDES program, the term Indian tribe means any Indian tribe, band, group, or community recognized by the secretary of the Interior and exercising governmental authority over a federal Indian reservation.

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 appropriate Act 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.

NPDES- National Pollutant Discharge Elimination System.

Owner or Operator- 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 under LPDES to implement the requirements of LAC 33:IX.Chapters 31 and 33 and LAC 33:IX.Chapters 23-29, 40 CFR 123 . Permit includes NPDES or LPDES general permit. 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, federal, or tribal agency, or an agency or employee thereof.

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 appropriate Act and regulations.

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.

State- any of the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth Northern Mariana Islands, or an Indian tribe that meets the statutory criteria which authorize EPA to treat the tribe in a manner similar to that in which it treats a state.

State Administrative Authority- the chief administrative officer of any state, interstate, or tribal agency operating an approved program, or the delegated representative of the state administrative authority.

B. For the purposes of LAC 33:IX.Chapters 31 and 33 the term:

Director*-the state administrative authority or EPA regional administrator and is used when the accompanying provision is required of EPA-administered programs and of state programs under 40 CFR 123.25(NPDES). The term EPA regional administrator is used when the accompanying provision applies exclusively to EPA-issued permits and is not applicable to state programs under these Sections. While states are not required to implement these latter provisions, they are not precluded from doing so, notwithstanding use of the term EPA regional administrator.

La. Admin. Code tit. 33, § IX-3101

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 28:472 (March 2002), repromulgated LR 30:231 (February 2004).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)