La. Admin. Code tit. 33 § IX-3303

Current through Register Vol. 50, No. 9, September 20, 2024

Section IX-3303 - Permits Required on a Case-by-Case Basis

A. Various sections of LAC 33:IX.Chapter 25 allow the state administrative authority to determine, on a case-by-case basis, that certain concentrated animal feeding operations (LAC 33:IX.2505), concentrated aquatic animal production facilities (LAC 33:IX.2507), storm water discharges (LAC 33:IX.2511), and certain other facilities covered by general permits (LAC 33:IX.2515) that do not generally require an individual permit may be required to obtain an individual permit because of their contributions to water pollution.

B. Whenever the state administrative authority decides that an individual permit is required under this Section, except as provided in LAC 33:IX.3303.C, the state administrative authority shall notify the discharger in writing of that decision and the reasons for it, and shall send an application form with the notice. The discharger must apply for a permit under LAC 33:IX.2501 within 60 days of notice, unless permission for a later date is granted by the state administrative authority. The question whether the designation was proper will remain open for consideration during the public comment period under LAC 33:IX.3115 and in any subsequent hearing.

C. Prior to a case-by-case determination that an individual permit is required for a storm water discharge under this Section (see LAC 33:IX.2511.A.1.e, C.1.e, and G.1.a), the state administrative authority may require the discharger to submit a permit application or other information regarding the discharge under Section 308 of the CWA. In requiring such information, the state administrative authority shall notify the discharger in writing and shall send an application form with the notice. The discharger must apply for a permit within 180 days of notice, unless permission for a later date is granted by the state administrative authority. The question whether the initial designation was proper will remain open for consideration during the public comment period under LAC 33:IX.3115 and in any subsequent hearing.

La. Admin. Code tit. 33, § IX-3303

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended LR 23:958 (August 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2283 (October 2000), 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)