La. Admin. Code tit. 33 § IX-5703

Current through Register Vol. 50, No. 6, June 20, 2024
Section IX-5703 - Definitions
A. All terms not defined herein shall have the meaning given them in the Act or in LAC 33:IX.Chapters 31-35 or 37-47 and 51-55. As used in this Chapter, the term:

Act- the Clean Water Act (CWA) as defined in LAC 33:IX.2313 and the appropriate provisions of the LEQA and regulations.

Administrator- the Administrator of the Environmental Protection Agency or any employee of the Agency to whom the Administrator may by order delegate the authority to carry out his functions under Section 307(a) of the Act, or any person who shall by operation of law be authorized to carry out such functions.

Air Emissions- the release or discharge of a toxic pollutant by an owner or operator into the ambient air either:

a. by means of a stack; or

b. as a fugitive dust, mist or vapor as a result inherent to the manufacturing or formulating process.

Ambient Water Criterion- the concentration of a toxic pollutant in a waters of the state that, based upon available data, will not result in adverse impact on important aquatic life, or on consumers of such aquatic life, after exposure of that aquatic life for periods of time exceeding 96 hours and continuing at least through one reproductive cycle; and will not result in a significant risk of adverse health effects in a large human population based on available information such as mammalian laboratory toxicity data, epidemiological studies of human occupational exposures, or human exposure data, or any other relevant data.

Construction- any placement, assembly, or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises.

Effluent Standard- for purposes of Section 307, the equivalent of effluent limitation as that term is defined in Section 502(11) of the Act with the exception that it does not include a schedule of compliance.

Existing Source- any source which is not a new source as defined below.

Fugitive Dust, Mist or Vapor- dust, mist or vapor containing a toxic pollutant regulated under this Chapter which is emitted from any source other than through a stack.

Manufacturer- any establishment engaged in the mechanical or chemical transformation of materials or substances into new products including but not limited to the blending of materials such as pesticidal products, resins, or liquors.

New Source- source discharging a toxic pollutant, the construction of which is commenced after proposal of an effluent standard or prohibition applicable to such source if such effluent standard or prohibition is thereafter promulgated in accordance with Section 307 of the Act.

Owner or Operator- any person who owns, leases, operates, controls, or supervises a source as defined below.

Permit- a permit for the discharge of pollutants into waters of the state under the Louisiana Pollutant Discharge Elimination System established by Section 402 of the Act and implemented in LAC 33:IX.Chapters 31-47 and 51-55.

Process Wastes- any designated toxic pollutant, whether in wastewater or otherwise present, which is inherent to or unavoidably resulting from any manufacturing process, including that which comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product and is discharged into the waters of the state.

Prohibited- the constituent shall be absent in any discharge subject to these standards, as determined by any analytical method.

Source- any building, structure, facility, or installation from which there is or may be the discharge of toxic pollutants designated as such by the EPA or DEQ under Section 307(a)(1) of the Act.

Stack- chimney, flue, conduit, or duct arranged to conduct emissions to the ambient air.

State Administrative Authority- the chief administrative officer of a state or interstate water pollution control agency operating an approved NPDES permit program. In the event responsibility for water pollution control and enforcement is divided among two or more state or interstate agencies, the term state administrative authority means the administrative officer authorized to perform the particular procedure to which reference is made.

Ten Year 24-Hour Rainfall Event- the maximum precipitation event with a probable recurrence interval of once in 10 years as defined by the National Weather Service in Technical Paper No. 40, Rainfall Frequency Atlas of the United States, May 1961, and subsequent amendments or equivalent regional or state rainfall probability information developed therefrom.

Working Day- the hours during a calendar day in which a facility discharges effluents subject to this Chapter.

La. Admin. Code tit. 33, § IX-5703

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 30:232 (February 2004).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)