La. Admin. Code tit. 33 § IX-3107

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

Section IX-3107 - Draft Permits

A. Once an application is complete, the state administrative authority shall tentatively decide whether to prepare a draft permit or to deny the application.

B. If the state administrative authority tentatively decides to issue an LPDES general permit, he or she shall prepare a draft general permit under LAC 33:IX.3107.C.

C. If the state administrative authority decides to prepare a draft permit, he or she shall prepare a draft permit that contains the following information:

1. all conditions under LAC 33:IX.2701 and 2705;

2. all compliance schedules under LAC 33:IX.2713;

3. all monitoring requirements under LAC 33:IX.2715; and

4. for LPDES permits, effluent limitations, standards, prohibitions, standards for sewage sludge use or disposal, and conditions under LAC 33:IX.2701, 2703, and 2707, including when applicable any conditions certified by a state agency under 40 CFR 124.55, and all variances that are to be included under 40 CFR 124.63.

D. All draft permits prepared by EPA under this Section shall be accompanied by a statement of basis (40 CFR 124.7) or fact sheet (40 CFR 124.8), and shall be based on the administrative record (40 CFR 124.9), publicly noticed (40 CFR 124.10) and made available for public comment (40 CFR 124.11). The EPA regional administrator shall give notice of opportunity for a public hearing (40 CFR 124.12), issue a final decision (40 CFR 124.15) and respond to comments (40 CFR 124.17). For NPDES permits, an appeal may be taken under 40 CFR 124.74 . Draft permits prepared by a state shall be accompanied by a fact sheet if required under LAC 33:IX.3111.

La. Admin. Code tit. 33, § IX-3107

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 30:231 (February 2004).

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