La. Admin. Code tit. 33 § IX-6303

Current through Register Vol. 50, No. 6, June 20, 2024
Section IX-6303 - Definitions

Irreparable Harm- significant undesirable effects occurring after the date of permit issuance which will not be reversed after cessation or modification of the discharge.

Marine Environment- territorial seas, the contiguous zone and the oceans.

MixingZone- the zone extending from the sea's surface to seabed and extending laterally to a distance of 100 meters in all directions from the discharge point(s) or to the boundary of the zone of initial dilution as calculated by a plume model approved by the state administrative authority, whichever is greater, unless the state administrative authority determines that the more restrictive mixing zone or another definition of the mixing zone is more appropriate for a specific discharge.

No Reasonable Alternatives-

1. no land-based disposal sites, discharge point(s) within internal waters, or approved ocean dumping sites within a reasonable distance of the site of the proposed discharge the use of which would not cause unwarranted economic impacts on the discharger, or, notwithstanding the availability of such sites;

2. on-site disposal is environmentally preferable to other alternative means of disposal after consideration of:

a. the relative environmental harm of disposal on-site, in disposal sites located on land, from discharge point(s) within internal waters, or in approved ocean dumping sites; and

b. the risk to the environment and human safety posed by the transportation of the pollutants.

Unreasonable Degradation of the Marine Environment-

1. significant adverse changes in ecosystem diversity, productivity and stability of the biological community within the area of discharge and surrounding biological communities;

2. threat to human health through direct exposure to pollutants or through consumption of exposed aquatic organisms; or

3. loss of esthetic, recreational, scientific or economic values which is unreasonable in relation to the benefit derived from the discharge.

La. Admin. Code tit. 33, § IX-6303

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 30:233 (February 2004).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)