LAR200000.pdf

LPDES GENERAL PERMIT

FOR STORM WATER DISCHARGES FROM SMALL CONSTRUCTION ACTIVITIES

TABLE OF CONTENTS

Part I. COVERAGE UNDER THIS PERMIT

A. Applicability

B. Authorized Discharges

C. Prohibited Discharges

D. Discharges/Activities Exempted from Coverage

E. Requirements for Notification

F. Spills

G. Automatic Coverage

H. Small Construction Activity Completion Report

Part II. DISCHARGE LIMITATIONS

A. Technology-Based Effluent Limitations

B. Water-Quality Based Effluent Limitations

C. Limitations on Coverage

D. Discharges that are Not Protective of Endangered and Threatened Species

E. Historic Properties Preservation

F. Water Quality Standards/TMDL Requirements

Part III. STORM WATER POLLUTION PREVENTION PLANS

A. Deadlines for Plan Preparation and Compliance

B. Signature, Plan Review and Making Plans Available

C. Keeping Plans Current

D. Contents of Plan

E. Responsibilities of Operators

F. Wash Water from Concrete Trucks

Part IV. RETENTION OF RECORDS

A. Documents

B. Accessibility

C. Addresses

Part V. STANDARD PERMIT CONDITIONS FOR LPDES PERMITS

Part VI. REOPENER CLAUSE

Part VII. ADDITIONAL DEFINITIONS

ADDENDA

A. ENDANGERED SPECIES GUIDANCE

B. SMALL CONSTRUCTION ACTIVITY COMPLETION REPORT

C. HISTORIC PRESERVATION

D. LIST OF ADDRESSES FOR LDEQ OFFICES

E. DESIGNATED OUTSTANDING NATURAL RESOURCE WATERS AND

SCENIC RIVERS

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Part I. COVERAGE UNDER THIS PERMIT

A. Applicability

This storm water general permit for small construction activities authorizes storm water

discharges from construction activities that disturb equal to or greater than one acre and less than five

acres of total land area, including disturbance of less than 1 acre of total land area that is part of a

larger common plan of development or sale if the larger common plan will ultimately disturb equal

to or greater than one and less than 5 acres), as defined in LAC 33:IX.2511.B.15 and 40 CFR

122.26(b)(15) and those construction site discharges designated by the State Administrative

Authority (LDEQ) as needing a storm water permit under LAC 33:IX.2511.A.1.e and A.9.a, except

for discharges identified under Part II of the permit. Permit coverage is required from the

“commencement of construction activities” until “final stabilization” as defined in Permit Part VII.

B. Authorized Discharges

1. Construction activities regulated under this permit include clearing, grading, and excavation

operations. Road and pipeline building, construction of residential houses, office buildings,

industrial buildings, and runways are examples of construction activities.

Repaving of roads and reworking of utility lines or pipelines are not regulated under this

permit unless one or more acres of underlying and/or surrounding soil are cleared, graded, or

excavated as part of the operation. A small construction activity does not include routine

maintenance that is performed to preserve the original line and grade, hydraulic capacity, or

original purpose of the site/facility. If a construction activity involves less than five acres of land

disturbance and that activity is performed only to maintain the original purpose of the

facility/structure, then its construction storm water discharge does not require coverage under this

Louisiana Pollutant Discharge Elimination System (LPDES) general permit. Such activities include

replacing structures that are due for and require maintenance. In order to qualify as a routine

maintenance activity, the land disturbance shall not go beyond the footprint of the previous structure.

Examples of routine maintenance activities include the following:

 Berm Repair or Topsoil Replacement Along Shoulders - placing berm material or topsoil on

shoulders adjacent to pavement to eliminate drop-offs;

 Bridge Abutment Repairs, Deck Overlays, and Deck Replacement;

 Bridge Replacement without widening;

 Chip Sealing – placing asphalt or polymer binder and stone on existing roads;

 Culvert Replacement/Repair/Lining – replacing/repairing/relining a culvert with the same

line, grade, and hydraulic capacity and within US Army Corps of Engineers Nationwide

Permit (NWP) #3 parameters;

 Curb Repairs – repairing existing curbing along a roadway;

 Ditch Cleanout – maintaining or restoring original flow line and cross-section only;

 Fence Repair/Replacement;

 Lighting Maintenance;

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 Linear Grading – reshaping of graded shoulders to establish proper drainage away from

pavement;

 Loop Detector Repairs – repairing loop detectors in existing pavement;

 Noise Wall Repair;

 Partial Depth Pavement Repairs – isolated repairs of surface courses of pavement;

 Pothole Filling; Resurfacing – replacing several inches of asphalt wearing course by milling

existing surface and replacing with new material;

 Road Re-paving with new asphalt, provided the activity does not expose soil to storm water;

 Sign Repair/Maintenance – installing or repairing traffic signs and poles/posts;

 Signal Installation/Maintenance – installing or repairing traffic signals and poles/posts; and

Tree/Brush Removal – when it is considered a road maintenance activity.

The following examples of activities that commonly disturb less than one acre, and if

disturbing less than one acre and are not part of a common plan of development, do not require a

permit:

 Full Depth Pavement Repairs – isolated repairs of pavement build-up down to sub-grade;

 Guardrail Installation/Replacement – installing or repairing with minor grading work to

create proper grade for end assemblies;

 Road Replacement without adding any lanes.

2. This permit also authorizes discharges from support activities related to a construction site

(e.g., equipment staging yards, material storage areas, excavated material disposal areas, borrow

areas, etc.) from which there otherwise is a storm water discharge from a construction activity

provided:

a. the support activity is directly related to a construction site that is required to have LPDES

permit coverage for discharges of storm water associated with construction activity;

b. the support activity is not a commercial operation serving multiple unrelated construction

projects by different operators and does not operate beyond the completion of the

construction activity at the last construction project it supports.

c. appropriate controls and measures are identified within the Storm Water Pollution

Prevention (SWPPP) to minimize discharges from the support activity areas.

d. effective pollution prevention measures must be designed, installed, implemented, and

maintained to minimize:

(1) Discharges of pollutants from equipment and vehicle washing, wheel wash water,

and other wash waters. Wash waters must be treated in a sediment basin or

alternative control that provides equivalent or better treatment prior to discharge;

(2) Exposure of building materials, building products, construction wastes, trash,

landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and

other materials present on the site to storm water and to precipitation. Minimization

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of exposure is not required in cases where the exposure to precipitation and to storm

water will not result in a discharge of pollutants, or where exposure of a specific

material or product poses little risk of storm water contamination (such as final

products and materials intended for outdoor use);

(3) Discharges of pollutants from spills and leaks, and implement chemical spill and leak

prevention and response procedures; and

(4) Pollutant discharges from the support activity areas located on and off the

construction site to the maximum extent practicable and comply with all permit

conditions.

3. Allowable Non-Storm Water Discharges

The following non-storm water discharges are authorized by this permit provided the non-

storm water component of the discharge is in compliance with the permit terms and conditions:

a. discharges from fire-fighting activities;

b. fire hydrant flushings;

c. water used to wash vehicles where detergents, soaps, or solvents are not used;

d. water used to control dust in accordance with Part III.D.2.c.(ii) – minimizing dust from

vehicles;

e. potable water sources, including uncontaminated water line flushings;

f. routine external building wash down which does not use detergents, soaps, or solvents

(the use of non-biodegradable or emulsifying soaps and detergents, tire cleaners

containing potentially hazardous chemicals, and solvents is prohibited);

g. landscape irrigation;

h. pavement wash water where spills or leaks of toxic or hazardous materials have not

occurred (unless all spilled material has been removed) and where soaps, solvents, and

detergents are not used; directing pavement wash waters directly into any surface water,

storm drain inlet, or storm water conveyance, unless the conveyance is connected to a

sediment basin, sediment trap, or other effective control is prohibited;

i. uncontaminated air conditioning or compressor condensate;

j. uncontaminated and/or non-turbid ground water infiltration [as defined at 40 CFR

35.2005(b)(20)];

k. uncontaminated and/or non-turbid pumped ground water or spring water;

l. foundation or footing drains where flows are not contaminated with process materials

such as solvents or contaminated groundwater; and

m. uncontaminated excavation dewatering if the discharge is managed by an appropriate

control.

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C. Prohibited Discharges

1. Except as provided in Part I.B.2 and 3, all discharges covered by this permit shall be

composed entirely of storm water associated with construction activity.

2. Prohibited Discharges

a. wastewater from washout of concrete, unless managed by an appropriate control.

b. wastewater from washout and clean-out of stucco, paint, form release oils, curing

compounds and other construction materials.

c. discharges related to concrete or asphalt batch plant operations located at construction site.

The presence of any such discharges require coverage by an alternative LPDES permit.

d. discharges from dewatering activities, including discharges from dewatering of trenches

and excavations, unless managed by an appropriate control.

e. fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;

and;

f. soaps or solvents used in vehicle and equipment washing.

g. storm water discharges that originate from the site after construction activities have been

completed and the site, including any temporary support activity, has undergone final

stabilization. Once the site has undergone final stabilization, any post-construction storm

water discharges may need to be covered by a separate LPDES permit..

h. discharges mixed with sources of non-storm water other than the discharges identified in

and are in compliance with Part I.B.3. Any discharge authorized by a different LPDES

permit may be commingled with discharges authorized by this permit.

D. Discharges/Activities Exempted From Coverage

1. The clearing of land solely for agricultural purposes is NOT a regulated activity, so it is

exempted from LPDES permitting requirements (LAC 33:IX.2315.A). Projects on cultivated

croplands are not regulated since they are already “disturbed” areas.

2. Construction activities related to oil and gas exploration, production, processing, or

treatment, or transmission activities are exempt from regulation. The exemption from obtaining

LPDES permit coverage for storm water discharges from construction activities at oil and gas sites is

codified in the Environmental Regulatory Code at LAC 33:IX.2511.A.2. Consequently, construction

activities related to these oil and gas exploration, production, processing, or treatment operations or

transmissions facilities, which are necessary to prepare a site for drilling and the movement and

placement of drilling equipment, constructing access roads, drilling waste management pits, in field

treatment plants and the transportation infrastructure (e.g., crude oil and natural gas pipelines, natural

gas treatment plants and both natural gas transmission pipeline compressor and oil pumping stations)

necessary for the operation of most producing oil and gas fields, are exempt from regulation,

regardless of the amount of disturbed acreage.

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Section 323 of the Energy Policy Act of 2005 modified paragraph (24) of Section 502 of the CWA to

define the term “oil and gas exploration, production, processing, or treatment operations or

transmissions facilities.” This term is used in the CWA Section 402(l)(2) to identify oil and gas

activities for which the EPA shall not require NPDES permit coverage for certain storm water

discharges. The effect of this statutory change is to make construction activities at oil and gas sites

eligible for the exemption established by the CWA Section 402(l)(2). The types of oil and gas

facilities/activities that are subject to the waiver/exemption for NPDES storm water permitting are

further explained on the EPA website at https://www.epa.gov/npdes/oil-and-gas-stormwater-

permitting. This website also addresses the 9

Circuit Court’s vacatur (Natural Resources Defense

Council v. United States Environmental Protection Agency, 526 F.3d 591) of federal regulatory text

at 40 CFR 122.26(a)(2)(ii) stating that discharges of sediment from these same construction activities

are not subject to the provisions of 40 CFR 122.26(c)(1)(iii), which would require permit coverage if

such discharges contribute to a violation of a water quality standard. This means that an NPDES

permit would be required if a discharge of sediment from the oil and gas activities described above

contributes to a water quality standard violation.” Additionally, LDEQ notes that federal regulations

require NPDES permit coverage for discharges from these construction activities if there is a

discharge of storm water resulting in a reportable quantity discharge pursuant to 40 CFR

122.26(c)(1)(iii)(A) and (B).

E. Requirements for Notification

The discharge of hazardous substances or oil in the storm water discharge(s) from a site shall

be prevented or minimized in accordance with the applicable SWPPP for the facility. This permit

does not relieve the permittee of the reporting requirements of LAC 33:I.3915 and LAC 33:I.3917.

1. Emergency Notification

The permittee shall report any unauthorized discharges which may endanger human health or

the environment. Please note that discharges in direct noncompliance with the LPDES permit

conditions must also comply with the reporting requirements in LAC 33:IX.2701.L, which requires

written notification within 5 days. The report shall contain the information as required in Part V,

Section D.6 of this permit, and compliance with the procedures in this part are required.

2. The LDEQ may waive the written report, on a case-by-case basis, if the oral report has been

received within 24 hours of the incident.

3. The SWPPP that is required in Permit Part III must be modified within 14 calendar days of the

permittees' knowledge of the release to provide the date and description of and the circumstances

leading to the release. The plan must be reviewed to identify measures to respond to and to prevent

the recurrence of such releases, modifying the plan where appropriate.

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F. Spills

This permit does not authorize the discharge of hazardous substances or oil resulting from an

on-site spill. Spills resulting in an emergency condition or noncompliance under this general permit

must be reported in accordance with LAC 33:I.3923 or LAC 33:IX.2701.L.6.

G. Automatic Coverage

1. Unless otherwise notified by the LDEQ, operators who meet the applicability

requirements in Part I.A and the conditions of Parts I.B and I.C, including completion of the

SWPPP requirements as defined in Part III, will have automatic permit coverage and are

authorized to discharge storm water from construction activities under the terms and

conditions of this general permit. The operator’s effective date of permit coverage begins upon

completion of the SWPPP and at the commencement of earth-disturbing activities. The

SWPPP must be completed prior to initiating construction, and must be signed, dated, and

certified as outlined in Part V.D.10 – Signatory Requirements to have automatic permit

coverage. No fee is required by the LDEQ for coverage by this permit. A printed hard copy of

this permit (LAR200000) must be downloaded from the following link:

http://deq.louisiana.gov/page/lpdes or obtained by contacting the LDEQ Water Permits Division at

(225) 219-9371. Coverage under this permit is not transferrable. If warranted, the LDEQ may deny

coverage under this general permit and require submittal of an application for an individual LPDES

permit.

2. Notification Requirements:

Written notification of intent to be covered under this general permit is not required. The

SWPPP defined in Part III must be signed, dated, and certified as required under Part V, Sections

V.D.10.a and d, and must be implemented upon commencement of construction activities.

Coverage is required for and is granted to:

a. a party having operational control over construction plans and specifications, including the

ability to make modifications to those plans and specifications; and/or

b. a party having day-to-day operational control over those activities at a project site

which are necessary to ensure compliance with the SWPPP for the site or other permit

conditions; or

c. each party having separate control over the responsibilities described above in a and b.

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3. For construction sites where the operator changes or a new operator is added, the new

operator(s), upon assuming operational control over site specifications or commencing work on-site,

must comply with the terms and conditions imposed in this general permit.

H. Small Construction Activity Completion Report

When a construction project is complete and final stabilization, including construction

support activities located on and off-site, has occurred in accordance with Part III.D.2.a.(iii)(2), the

permittee shall submit a completed, signed, and dated Small Construction Activity Completion

Report (SCACR) form (see Addendum B of this permit) to the following address within 60 days

after completion of the covered activities:

Louisiana Department of Environmental Quality

Office of Environmental Services

Water Permits Division

P.O. Box 4313

Baton Rouge, LA 70821-4313

Should electronic SCACRs become available during the permit term, submission of a paper

SCACRs may no longer be required.

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Part II. DISCHARGE LIMITATIONS

The permit conditions which were determined applicable to these discharges are narrative

effluent limitations and conditions on storm water discharges and requirements for developing and

implementing SWPPPs to comply with those limits and conditions. These narrative effluent limit

guidelines are intended to minimize and control pollutants in storm water discharges associated with

small construction activities. These requirements were developed by the EPA under authority of 40

CFR 122.44(k)(2), which allows for BMPs in lieu of numeric effluent limitations in NPDES permits

when the EPA finds numeric effluent limitations to be infeasible. The SWPPP requirements (see

Part III) describe the construction and development point source category effluent limit guidelines

found in 40 CFR 450, Subpart B, which are considered narrative discharge limitations.

A. Technology-Based Effluent Limitations

The following conditions are included as requirements for the SWPPPs and are hereby

adopted as enforceable Technology-based Effluent Limitations of the permit:

1. 40 CFR 450.21(a) Erosion and sediment controls: see Part III.D.2.a.(i), (ii), and (iv)

and Part III.D.3;

2. 40 CFR 450.21(b) Soil stabilization: see Part III.D.2.a.(iii), Part III.D.2.b, and Part

VII.“Final Stabilization”;

3. 40 CFR 450.21(c) Dewatering: see Part I.B.3.m, Part I.C.2.d, and Part III.D.1.g;

4. 40 CFR 450.21(d) Pollution prevention measures: see Part I.B.2.d.(1) – (3) and Part

III.D.2.c;

5. 40 CFR 450.21(e) Prohibited discharges: see Part I.C, Part II.C, and Part III.F; and

6. 40 CFR 450.21(f) Surface outlets: see Part III.D.2.a.(ii)(8).

B. Water Quality Based Effluent Limitations

1. Discharges Threatening Water Quality and Water Quality Standards/TMDL

Requirements: see Part II.C.4, Part II.F, and Part III.D.1 and 4.b;

2. Buffer Zone Requirements: see Part III.D.2.a.(ii)(6); and

3. Approved State or Local Plans: see Part III.D.2.d.

C. Limitations on Coverage

Discharges of non-storm water, other than those specifically listed in Part I.B, are not

authorized by this permit and must either be eliminated or covered under another LPDES permit.

The following storm water discharges from construction sites are not authorized by this permit:

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1. Storm Water Discharges Associated with Post Construction Activity

Storm water discharges that originate from the site after construction activities have been

completed and the site, including any temporary support activity, has undergone final stabilization.

(See Part VII). Industrial post construction storm water discharges may need to be covered by a

separate LPDES permit.

2. Discharges Mixed with Non-storm Water

Discharges that are mixed with sources of non-storm water other than the discharges identified

in and are in compliance with Part I.B.3 are not covered by this permit. Any discharge authorized by

a different LPDES permit may be commingled with discharges authorized by this permit.

3. Discharges Covered by Another Permit

Storm water discharges associated with construction activity that have been issued an

individual permit or are required to obtain coverage under an alternative general permit. Any

permittee covered by an individual permit may request that it be terminated if the permitted source or

activity is also eligible for coverage under this general permit. Upon written approval of that request

by this Office, the individual permit will be terminated, and the permittee will be covered by this

general permit.

4. Discharges Threatening Water Quality

Storm water discharges from construction sites that the LDEQ determines will cause or have

the reasonable potential to cause or contribute to violations of water quality standards. Where such

determinations have been made, the discharger will be notified by the LDEQ that an individual

permit application is necessary. However, the LDEQ may authorize coverage under this permit after

the appropriate controls and implementation procedures designed to bring the discharges into

compliance with water quality standards have been included in the SWPPP.

D. Discharges that are not Protective of Endangered and Threatened Species

Coverage under this permit is available only if the storm water discharges, allowable non-

storm water discharges, and storm water discharge-related activities will not adversely affect any

species that are federally-listed as endangered or threatened (“listed”) under the Endangered Species

Act (ESA) and will not result in the adverse modification or destruction of habitat that is federally-

designated as “critical habitat” under the ESA. All operators must follow the procedures in

Addendum A and meet at least one of the eligibility criteria (Criteria A - E) described in the

addendum when determining eligibility for coverage under the permit. Failure to continue to meet

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one or more of these criteria during the entire term of the permit will result in the storm water

discharges associated with construction activity being ineligible for coverage under this permit.

E. Historic Properties Preservation

Eligibility for coverage under this permit is contingent upon compliance with the National

Historic Properties Preservation Act (NHPA). Discharges are authorized under this permit only if

the facility’s storm water discharges, allowable non-storm water discharges, and storm water

discharge-related activities meet one of the eligibility criteria found in the procedures in Addendum

C of this permit.

Compliance with any applicable terms, conditions, or other requirements developed in the process of

meeting the eligibility criteria in this section is required to maintain eligibility under this permit.

F. Water Quality Standards/TMDL Requirements

Covered dischargers shall not cause or have the reasonable potential to cause or contribute to

a violation of a state water quality standard. New or proposed dischargers must evaluate eligibility

by determining compliance with this provision prior to assuming authorization by the permit.

The discharge of any pollutant into any water for which a Total Maximum Daily Load

(TMDL) has been either established or approved by the LDEQ is not authorized unless the discharge

is consistent with the requirements of that TMDL. During determination of eligibility for coverage

under the permit, new dischargers (see LAC 33:IX.2313) to a 303(d) water body must determine

that their proposed discharges will be in compliance with LAC 33:IX.2317.A.9. In essence, a new

discharger is one initiated after August 13, 1979, and not previously permitted. Any discharger

(both existing and new) to a water body for which there is an impairment and/or an approved or

established TMDL must confirm that the impairment and/or TMDL allocated a portion of the load

for storm water point source discharges if the proposed discharges will contain the pollutant(s) for

which the water body is impaired or the TMDL is developed. Such discharges are expected to be

rare for the wastewater types covered by the reissued permit because the required control/prevention

measures are designed to prevent the release of these pollutants in storm water. Dischargers located

within a regulated Municipal Separate Storm Sewer System (MS4) that has been assigned a waste

load allocation (WLA) may be required to implement additional BMPs in accordance with local

ordinances and/or the MS4’s Storm Water Management Plan (SWMP).

In a situation where an LDEQ-approved or established TMDL has specified a general WLA

applicable to construction storm water discharges but no specific requirements for construction sites

have been identified in the TMDL, the operator shall consult with the LDEQ to confirm that

adherence to a SWPPP that meets the requirements of this permit will be consistent with the

approved TMDL. The SWPPP must clearly state which BMPs were selected for the site, including

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on and off-site construction support activities, and describe how the design and implementation of

the selected BMPs are expected to ensure that storm water discharges from the construction site are

in compliance with the established TMDL. If the LDEQ-approved or established TMDL specifically

precludes such discharges, the operator is not eligible for coverage under this permit.

Where an LDEQ-approved or established TMDL has not specified a WLA applicable to

construction storm water discharges but has not specifically excluded these discharges, adherence to

a SWPPP that meets the requirements of this permit will be assumed to be consistent with the

approved TMDL. Current TMDL Reports may be found at http://deq.louisiana.gov/page/tmld-

reports-and-models and https://mywaterway.epa.gov/.

Broadly stated, new or existing discharges of a particular pollutant are prohibited where there

is a TMDL unless the discharge meets the requirements established in the TMDL. If a discharge is

not/will not meet these requirements, the operator must seek coverage under an alternative permit.

Where a discharger is already operating under the permit and is later discovered to cause or have the

reasonable potential to cause or contribute to the violation of an applicable state water quality

standard, the permitting authority will notify the operator of such violation(s), and the permittee shall

take all necessary actions to ensure that future discharges do not cause or contribute to the violation

of a water quality standard and document these actions in the pollution prevention plan. If violations

remain or recur, then coverage under the permit is automatically terminated and alternate coverage

must be obtained. Compliance with this requirement does not preclude any enforcement activity as

provided by the Louisiana Environmental Quality Act (LEQA) (La. R.S. 30:2001, et seq.) for the

underlying violation.

In order to verify the impaired status of the water body and determine if any TMDLs have

been established, the permittee shall consult the most recent Integrated Report (also referred to as the

305(b) Report) at https://www.deq.louisiana.gov/page/2022-water-quality-inventory-integrated-

report-305b303d or obtain a copy of the report from the Office of Environmental Services, Water

Permits Division.

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Part III. STORM WATER POLLUTION PREVENTION PLANS

At least one SWPPP shall be developed for each construction project or site covered by this

permit. For more effective coordination of BMPs and opportunities for cost-sharing, the different

operators at a site are encouraged to make a cooperative effort to prepare and participate in a

comprehensive SWPPP. Individual operators at a site may, but are not required to, develop separate

SWPPPs that cover only their portion of the project, provided that reference is made to the other

operators at the site. In instances where there is more than one SWPPP for a site, there must be

coordination between the permittees to ensure that the storm water discharge controls and other

measures are consistent with one another (e.g., provisions to protect listed species and critical

habitat).

SWPPPs shall be prepared in accordance with good engineering practices; shall identify

potential sources of pollution which may reasonably be expected to affect the quality of storm water

discharges from the construction site; and shall describe and ensure the implementation of practices

which will be used to minimize the pollutants in storm water discharges associated with construction

activity at the construction site to assure compliance with the terms and conditions of this permit.

When developing SWPPPs, operators must follow the procedures in Addendum A of this permit to

determine whether listed endangered and/or threatened species or critical habitat would be affected

by the operator’s storm water discharges or storm water discharge-related activities. Any

information regarding whether listed species or critical habitats are found in proximity to the

construction site must be included in the SWPPP. Any terms or conditions imposed in the permit

requirements of Part II.B and Addendum A to protect listed species or critical habitat from storm

water discharges or storm water discharge-related activity must be incorporated into the SWPPP.

The SWPPP must be implemented upon commencement of construction activities. Permittees must

implement the applicable provisions of the SWPPP required in Part III as a condition of this permit.

SWPPP templates may be found at http://deq.louisiana.gov/page/storm-water-protection.

A. Deadlines for Plan Preparation and Compliance

The SWPPP shall:

1. be completed prior to initiating construction activities and updated as appropriate; and

2. provide for compliance with the terms and schedule specified in Permit Part III, beginning

with the initiation of construction activities.

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B. Signature, Plan Review and Making Plans Available

1. The SWPPP shall be signed in accordance with Permit Part V, Section D.10 (Signatory

Requirements) and retained on-site at the site (or other local site accessible to the LDEQ and the

public) which generates the storm water discharge in accordance with Permit Part IV (Retention of

Records).

2. The permittee shall post a notice near the main entrance of the construction site with the

following information:

a. LPDES permit number (LAR200000) and effective date of permit coverage (the date of

commencement of construction activities);

b. name and telephone number of a local contact person;

c. brief description of the project; and

d. SWPPP’s location if the site is inactive or lacks an on-site location to store the plan.

If posting this information near a main entrance is infeasible due to safety concerns, the notice

shall be posted in a local public building. For a linear construction project (e.g., pipeline, highway,

etc.), the notice must be placed in a publicly-accessible location in close proximity to where the

construction is actively underway, and it must be moved as necessary. This permit does not require

permittees to allow the public’s access to a construction site for any reason, including inspection of a

site, nor does it provide the public with any right to trespass on a construction site.

3. The permittee shall make SWPPPs available upon request to: the LDEQ; the local agency

approving sediment and erosion plans, grading plans, or SWMPs; local government officials; or the

operator of a MS4 receiving discharges from the site. The copy of the SWPPP that is required to be

kept on-site (or locally available) must be made available to the LDEQ (or authorized representative)

for review at the time of an on-site inspection. Also, in the interest of public involvement, the LDEQ

encourages permittees to make their SWPPPs available to the public for viewing during normal

business hours.

4. The LDEQ may notify the permittee (co-permittees) at any time that the SWPPP does not

meet one or more of the minimum requirements in Part III. Such notification shall identify those

provisions of the permit that are not being met by the SWPPP and those provisions of the SWPPP

requiring modifications necessary to meet the minimum requirements. Within 7 calendar days of

receipt of the notification from the LDEQ (or authorized representative), the permittee shall make the

required changes to the SWPPP and shall submit to the LDEQ a written certification that the changes

have been made. The LDEQ may take appropriate enforcement action for the period of time the

permittee was operating under a SWPPP that did not meet the minimum requirements of the permit.

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C. Keeping Plans Current

The permittee must amend the SWPPP whenever:

1. there is a change in design, construction, operation, or maintenance which has or may have a

significant effect on the discharge of pollutants to the Waters of the State and which has not

otherwise been addressed in the SWPPP;

2. inspections or investigations by site operators or local, state, or federal officials indicate the

SWPPP’s proven ineffectiveness in the elimination or significant minimization of pollutants from

the sources identified in Part III .D.1 or the SWPPP is not otherwise achieving the general objectives

of controlling pollutants in storm water discharges associated with construction activity; and

3. identifying any new contractor and/or subcontractor that will implement a measure of the

SWPPP (See Part III.E.) and addressing any measures necessary to protect endangered and

threatened species and their critical habitat or historic properties. Amendments to the plan may be

reviewed by the LDEQ in the same manner as referenced in Part III.B.

D. Contents of Plan

The SWPPP shall include the following items:

1. Site Description

Each SWPPP shall provide a description of potential pollutant sources and other information

as indicated below:

a. a description of the nature of the construction activity and function of the project (i.e.,

highway, mall, etc.);

b. a description of the intended sequence and timing of major activities (i.e. initial land

clearing, installing sewer lines, roads, major buildings) which disturb soils for major

portions (i.e. defined phases of a project) of the site (e.g., grubbing, excavation, grading,

utilities and infrastructure installation, etc);

c. estimates of the total area of the site and the total area of the site that is expected to be

disturbed by excavation, grading, or other activities, including off-site borrow and fill

areas;

d. an estimate of the runoff coefficient of the site for both the pre- and post-construction

conditions and data describing the soil or the quality of any discharge from the site;

e. a general location map (e.g., portion of a city or county map or other map with enough

detail to identify the location of the construction site and Waters of the State within one

mile of the site);

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f. a site map indicating drainage patterns and approximate slopes anticipated after major

grading activities, areas of soil disturbance, an outline of areas which will not be

disturbed, the location of major structural and nonstructural controls identified in the

SWPPP, locations of off-site material, waste, borrow or equipment storage areas, and

surface waters (including wetlands), locations where storm water is discharged to a

surface water; and the location of areas where stabilization practices are expected to

occur;

g. the location and description of any allowable non-storm water discharges covered by the

permit;

h. the name of the receiving water(s), and aerial extent and description of wetland or other

special aquatic sites at or near the site which will be disturbed or will receive discharges

from disturbed areas of the site;

i. a copy of the permit requirements (attaching a copy of this permit is acceptable);

j. information regarding whether listed endangered or threatened species and/or critical

habitat are found in proximity to the construction activity and whether such species and its

critical habitat may be affected by the operator’s storm water discharges or storm water

discharge-related activities;

k. documentation supporting the permittee’s determination of permit eligibility and

compliance related to the historic places criteria found in Addendum C.

l. documentation supporting the permittee’s determination of permit eligibility and

compliance with Part II.F with regard to waters that are impaired and/or have an LDEQ-

established or -approved TMDL, including:

(i) identification of the permittee’s discharge, either specifically or generally, in an

LDEQ-established or -approved TMDL and any associated allocations, requirements,

and assumptions identified for the permittee’s discharge;

(ii) summaries of consultation with the LDEQ authorities regarding consistency of

SWPPP conditions with water quality standards and any approved or established

TMDL; and

(iii) measures taken to ensure that the discharge of pollutants for the site is consistent with

water quality standards and the assumptions and requirements of the LDEQ-

established or -approved TMDL, including any specific WLA that has been

established that would apply to the permittee’s discharge.

2. Controls

Each SWPPP shall include a description of all control measures (i.e., structural and non-

structural BMPs) that will be installed and implemented as part of the construction activities and

construction support activities to control pollutants in storm water discharges. The SWPPP must

clearly describe for each major activity identified in Part III.D.1.b: a) appropriate control measures

and the general timing (or sequence) during the construction process that the measures will be

implemented, b) which permittee is responsible for implementation (e.g., perimeter controls for one

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portion of the site will be installed by Contractor A after the clearing and grubbing necessary for

installation of the measure, but before the clearing and grubbing for the remaining portions of the

site. Perimeter controls will be actively maintained by Contractor B until final stabilization of those

portions of the site upward of the perimeter control. Temporary perimeter controls will be removed

by Owner after final stabilization.)

In a situation where an LDEQ-approved or established TMDL has specified a general WLA

applicable to construction storm water discharges, but no specific requirements for construction sites

have been identified in the TMDL, the SWPPP must specifically state which BMPs were selected for

the site and describe how the design and implementation of the selected BMPs are expected to

ensure that storm water discharges from the construction site are in compliance with the established

TMDL.

The description and implementation of control measures shall address the following

minimum components:

a. Erosion and Sediment Controls

(i) Short and Long Term Goals and Criteria:

(1) The construction-phase erosion and sediment controls shall be designed to retain

sediment on-site to the maximum extent practicable.

(2) All control measures must be properly selected, installed, and maintained in

accordance with the manufacturers’ specifications and good engineering

practices. If periodic inspections or other information indicates a control has been

used inappropriately or incorrectly, the permittee must replace or modify the

control for site situations in accordance with Parts III.D.3 and III.D.4.

(3) If sediments escape the construction site off-site accumulations of sediment must

be removed at a frequency sufficient to minimize off-site impacts (e.g., fugitive

sediment on the street could be washed into storm sewers by the next rain and/or

pose a safety hazard to users of public streets).

(4) Sediment must be removed from sediment traps or sedimentation ponds when

design capacity has been reduced by 50%.

(5) Trapped sediment must be removed from a silt fence before the deposit reaches

50 percent of the above-ground fence height (or before it reaches a lower height

based on manufacturer’s specifications.).

(6) On-site and off-site material storage areas (also including overburden and

stockpiles of dirt, borrow areas, etc.) used solely by the permitted project are

considered a part of the project and shall be addressed in the SWPPP.

(ii) Effluent limitations reflecting the best practicable technology currently available

(BPT) [40 CFR 450.21 (a)]. Design, install, and maintain effective erosion controls

and sediment controls to minimize the discharge of pollutants. At a minimum, such

controls must be designed, installed, and maintained to:

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(1) Control storm water volume and velocity to minimize soil erosion in order to

minimize pollutant discharges.

(2) Control storm water discharges, including both peak flow rates and total storm

water volume, to minimize channel and stream bank erosion and scour in the

immediate vicinity of discharge points.

(3) Minimize amount of soil exposed during construction activity.

(4) Minimize the disturbance of steep slopes.

(5) Minimize sediment discharge from the site: design, install and maintain erosion

and sediment controls to address factors such as the amount, frequency, intensity

and duration of precipitation, the nature of the resulting storm water runoff, and

soil characteristics, including the range of soil particle sizes expected to be

present on the site.

(6) Provide and maintain natural buffers around Waters of the State, direct storm

water to the vegetated areas and maximize storm water infiltration to reduce

pollutant discharges, unless infeasible;

(a) A buffer zone of sufficient width to reduce pollutant discharges and

minimize erosion shall be maintained between disturbed areas and all

Waters of the State;

(b) For discharges to waters designated as Outstanding Natural Resource

Waters, permittees are required to maintain at a minimum a 100-foot

natural, vegetated riparian buffer zone between any disturbance and all

edges of the receiving water as means of providing adequate protection to

receiving waters, unless infeasible. Additional buffer zone/riparian

requirements may be imposed through a Louisiana Department of Wildlife

and Fisheries Scenic River permit.

the most recent Integrated Report for sedimentation/siltation or turbidity

AND where the suspected source is site clearance (land development or

redevelopment), permittees are required to maintain at a minimum a 50-

foot natural buffer zone between any disturbance and all edges of the

receiving water as means of providing adequate protection to receiving

waters, unless infeasible. This requirement does not supersede any

additional requirements of a WLA. The most recent Integrated Report can

be found at: https://www.deq.louisiana.gov/page/2022-water-quality-

inventory-integrated-report-305b303d.

(d) If the buffer zone between any disturbance and the edge of the receiving

water on all edges of the water body cannot be maintained due to site

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constraints, an adequately protective alternate practice may be employed, or

a combination of alternative practices with a narrower buffer zone. The

SWPPP shall explain any alternate practices and how these practices are

adequately protective. Such cases include but are not limited to

redevelopment in an urban setting or construction of water features, such as

docks, bridges, levees, dams, etc. and dredge and fill areas.

(7) Unless infeasible preserve topsoil. Preserving topsoil is not required where the

intended function of a specific area of the site dictates that the topsoil be

disturbed or removed.

(8) Minimize soil compaction. Minimizing soil compaction is not required where

the intended function of a specific area of the site dictates that it be compacted.

(9) When discharging storm water from settling basins or impoundments, where

feasible, utilize outlet structures that withdraw water from the surface of the basin

or impoundment.

(iii) Stabilization Practices

The SWPPP must include a description of interim and permanent stabilization

practices for the site, including a site-specific scheduling of the implementation of the

practices. Site plans should ensure that existing vegetation is preserved where

attainable and that disturbed portions of the site are stabilized. Final stabilization

practices may include, but are not limited to: establishment of permanent self-

sustaining perennial vegetation, mulching, geotextiles, sod stabilization, vegetative

buffer strips, protection of trees, preservation of mature vegetation, and other

appropriate measures. Use of impervious surfaces for stabilization should be avoided.

The following records shall be maintained and attached to the SWPPP: the dates

when major grading activities occur, construction activities temporarily or

permanently cease on a portion of the site, and stabilization measures are initiated.

(1) Deadline to Initiate Stabilization Measures

Stabilization measures shall be initiated immediately in portions of the site where

clearing, grading, excavating, or other earth-disturbing activities have

permanently ceased on any portion of the site or temporarily ceased and will not

resume for a period exceeding 14 calendar days.

For the purposes of this permit, “immediately” is interpreted to mean no later

than the next work day. Where construction activity on a portion of the site

has temporarily ceased and earth-disturbing activities will be resumed within 14

days, stabilization measures do not have to be initiated on that portion of site.

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For the purposes of this permit, the types of activities that constitute the initiation

of stabilization include, but are not limited to, the following:

(a) prepping the soil for vegetative or non-vegetative stabilization;

(b) applying mulch or other non-vegetative product to the exposed area;

(d) starting any of the three activities described in Part II.D.2 (a)(iii)(1)(a - c)

on a portion of the area to be stabilized, but not on the entire area; and

(e) finalizing arrangements to have stabilization product fully installed in

compliance with the applicable deadline for completing stabilization.

(2) Deadline to Complete Installation of Stabilization Measures

As soon as practicable, but, no later than 14 calendar days after the initiation of

soil stabilization measures, permittees are required to have completed:

(a) For vegetative stabilization, all activities necessary to initially seed or

plant the area to be stabilized; and/or

(b) For non-vegetative stabilization, the installation or application of all

such non-vegetative measures.

In extenuating circumstances and per 40 CFR 450.21(b), stabilization must be

completed within the time period as follows: In areas experiencing droughts where

the completion of stabilization measures by the 14th day after construction activity

has temporarily or permanently ceased is precluded by seasonal arid conditions,

stabilization measures shall be completed as soon as practicable. These extenuating

circumstances must be documented in the SWPPP.

Permittees should be aware that generally, final stabilization, as defined/described in

Part VII of the permit, often takes time (weeks or even months), especially during

times of low rainfall or during the colder months of the year. Permittees must

continue routine inspections until the final stabilization requirements of the permit

have been met.

(3) Deadlines for Projects Affected by Circumstances Beyond the Permittee’s

Control that Delay the Initiation and/or Completion of Vegetative Stabilization

If permittees are unable to meet the stabilization deadlines in (1) or (2) above due to

circumstances beyond their control and they are using vegetative cover for temporary

or permanent stabilization, they may comply with the following stabilization

deadlines instead:

(a) Immediately initiate, and within 14 calendar days complete, the installation

of temporary non-vegetative stabilization measures to prevent erosion;

(b) Complete all soil conditioning, seeding, watering or irrigation installation,

mulching, and other required activities related to the planting and initial

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establishment of vegetation as soon as conditions or circumstances allow it

on the site; and

deadlines required in (1) or (2) from being met and the schedule for

initiating and completing stabilization that will be followed.

(iv) Structural Practices

The SWPPP must include a description of structural practices to divert flows from

exposed soils, retain flows, or otherwise limit runoff and the discharge of pollutants

from exposed areas of the site to the degree attainable. Such practices may include

but are not limited to: silt fences, earth dikes, drainage swales, sediment traps, check

dams, subsurface drains, pipe slope drains, level spreaders, storm drain inlet

protection, rock outlet protection, reinforced soil- retaining systems, gabions, and

temporary or permanent sediment basins. Placement of structural practices in

floodplains should be avoided to the degree attainable. The installation of these

devices may be subject to Section 404 of the CWA.

b. Storm Water Management

A description of measures that will be installed during the construction process to

control pollutants in storm water discharges that will occur after construction operations have

been completed must be included in the SWPPP. Structural measures should be placed on

upland soils to the degree attainable. The installation of these devices may also require a

separate permit under Section 404 of the CWA. Permittees are only responsible for the

installation and maintenance of storm water management measures until final stabilization is

achieved and the completion report required under Part I.H has been submitted, not

maintenance after storm water discharges associated with construction activity have been

eliminated from the site. However, post-construction storm water BMPs that discharge

pollutants from point sources once construction is completed may need authorization under a

separate LPDES permit.

(i) Such practices may include but are not limited to: storm water detention structures

(including wet ponds); storm water retention structures; flow attenuation by use of

open vegetated swales and natural depressions; infiltration of runoff on-site; and

sequential systems (which combine several practices). The SWPPP shall include an

explanation of the technical basis used to select the practices to control pollution

where flows exceed pre-development levels.

(ii) Velocity dissipation devices may be needed at discharge locations and along the

length of any outfall channel for the purpose of providing a non-erosive velocity flow

from the structure to a water course so that the natural physical and biological

characteristics and functions are maintained and protected (e.g., no significant

changes in the hydrological regime of the receiving water).

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c. Other Controls

(i) No solid materials, including building materials, shall be discharged to Waters of the

State, except as authorized by a permit issued under Section 404 of the CWA. “Solid

materials” refers to such items as boards, wrapping materials, bricks and concrete

debris, and land-clearing debris, such as, leaves and tree limbs, but does not include

total suspended solids.

(ii) Off-site vehicle-tracking of sediments and the generation of dust shall be minimized.

(iii) The SWPPP shall ensure and demonstrate compliance with applicable State and/or

local waste disposal, sanitary sewer, or septic system regulations to the extent these

are located within the permitted area.

(iv) The SWPPP shall include a narrative description of construction and waste materials

expected to be stored on-site, with updates as appropriate. The SWPPP shall also

include a description of controls developed to reduce pollutants from these materials,

including storage practices to minimize exposure of the materials to storm water

runoff and precipitation and spill prevention and response.

(v) The SWPPP shall include a description of pollutant sources from areas other than

construction and a description of controls and measures that will be implemented at

those sites to minimize pollutant discharges.

(vi) The SWPPP shall include a description of measures necessary to protect listed

endangered and/or threatened species and their critical habitat and historic sites listed

and/or proposed to be listed on national and state registries that are imposed under

the eligibility requirements of Part II.B and detailed in Addendum A and of Part II.C

and detailed in Addendum C of this permit. Failure to describe and implement such

measures will result in the storm water discharges from the construction activities

being ineligible for coverage under this permit.

(vii) The SWPPP shall identify appropriate controls and measures to minimize discharges

from the support activity areas.

(viii) Effective pollution prevention measures must be designed, installed, implemented,

and maintained to minimize:

(1) Discharges of pollutants from equipment and vehicle washing, wheel wash

water, and other wash waters. Prior to discharge wash waters must be treated in

a sediment basin or an alternative control that provides equivalent or better

treatment;

(2) Exposure of building materials, building products, construction wastes, trash,

landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste,

and other materials present on the site to storm water and to precipitation.

Minimization of exposure is not required in cases where the exposure to

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precipitation and to storm water will not result in a discharge of pollutants, or

where exposure of a specific material or product poses little risk of storm water

contamination (such as final products and materials intended for outdoor use);

(3) Discharges of pollutants from spills and leaks and implement chemical spill and

leak prevention and response procedures; and

(4) Pollutant discharges from the support activity areas located on and off the

construction site to the maximum extent practicable and comply with all permit

conditions.

d. Approved State or Local Plans

(i) Permittees which discharge storm water associated with construction activities must

include in their SWPPP the procedures and requirements which are specified in

applicable sediment and erosion site plans or site permits or the storm water

management site plans or site permits approved by State or local officials.

(ii) Permittees which discharge storm water associated with construction activities must

include in their SWPPP any measures that result from agreements from the LSHPO

or tribal historic preservation offices.

(iii) SWPPPs must be updated as necessary to reflect any changes which are applicable to

protecting surface water resources in the sediment and erosion site plans or site

permits or the storm water management site plans or site permits approved by State

or local officials for which the permittee receives written notice.

3. Maintenance

A description of procedures to ensure the timely maintenance of vegetation, erosion, and

sediment control measures, and other protective measures identified in the site plan that are in good

and effective operating condition must be provided. Maintenance needs that are identified in

inspections or by other means shall be accomplished before the next anticipated storm event or as

necessary to maintain the continued effectiveness of storm water controls. If maintenance is

impracticable prior to the next anticipated storm event, then it must be scheduled and accomplished

as soon as practicable.

4. Inspections

a. Except for linear or remote projects discussed below, qualified personnel (provided by the

permittee or cooperatively by multiple permittees) shall inspect the construction site in

accordance with one of the two schedules listed below. Areas to be inspected include

disturbed areas of the construction site that have not been finally stabilized, areas used for

storage of materials that are exposed to precipitation and to storm water runoff, structural

and non-structural control measures, and locations where vehicles enter or exit the site. It

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must be specified in the SWPPP which schedule will be followed and must be adhered to

throughout the term of the permit:

 At least once every 7 calendar days, or

 At least once every 14 calendar days, before anticipated storm events (or series of

storm events such as intermittent showers over one or more days) and within 24

hours of the end of a storm event of 0.5 inches or greater.

Employees and subcontractors shall be made aware of the applicable control measures

implemented at the site as necessary so that they follow applicable procedures.

Because linear or remote, unmanned projects often cannot be inspected from stabilized

locations without damage to BMPs or re-vegetation efforts, their operators have the option

of either 1) conducting regular visual inspections every 14 days, or 2) performing visual

inspections within 24 hours following a storm event of 0.5 inches or greater. The option

selected by the operator must be identified in the SWPPP and must be adhered to

throughout the term of permit coverage.

b. Disturbed areas and areas used for storage of materials that are exposed to precipitation

and storm water runoff shall be inspected for evidence of, or the potential for, pollutants

entering the drainage system. Erosion and sediment, storm water management, and other

control measures identified in the SWPPP shall be observed to ensure that they are

operating correctly. Accessible discharge locations or points shall be inspected to

ascertain whether erosion control measures are effective in meeting water quality

standards and preventing significant impacts to the receiving waters. Where discharge

locations or points are inaccessible, nearby downstream locations must be inspected to the

extent that such inspections are practicable. Locations where vehicles enter or exit the site

shall be inspected for evidence of off-site sediment-tracking.

c. Based on the results of the inspection, the site description identified in the plan in

accordance with Part III.D.1 of this permit and the pollution prevention measures

identified in the plan in accordance with Part III.D.2 of this permit shall be revised as

appropriate, but in no case later than seven calendar days following the inspection. Such

modifications shall provide for timely implementation of any changes to the plan within

seven calendar days following the inspection.

d. For each inspection required above an inspection report must be completed, which, at a

minimum, must include the following:

(1) The inspection date;

(2) Names, titles, and qualifications of personnel making the inspection;

(3) Weather information for the period since the last inspection (or since commencement

of construction activity if the first inspection) including a best estimate of the

beginning of each storm event, duration of each storm event, approximate amount of

rainfall for each storm event (in inches), and whether any discharges occurred;

(4) Weather information and a description of any discharges occurring at the time of the

inspection;

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(5) Location(s) of discharges of sediment or other pollutants from the site;

(6) Location(s) of BMPs that failed to operate as designed or proved inadequate for a

particular location;

(7) Location(s) of BMPs that need to be maintained;

(8) Location(s) where additional BMPs are needed that did not exist at the time of

inspection; and

(9) Corrective action required including implementation dates.

The inspection report, which includes all of the actions taken and the information listed

in accordance with Part III.D.4.c and d above, shall be made within 7 calendar days and

retained as part of the SWPPP for at least three years from the date that the site is finally

stabilized. Such reports shall identify any incidents of noncompliance. Where a report

does not identify any incidents of noncompliance it shall contain a certification that the

facility is in compliance with the SWPPP and this permit. The report shall be signed in

accordance with Part V, Section D.10 of this permit.

5. Documentation of Allowable Non-storm Water Discharges

Except for flows from fire-fighting activities, sources of allowable non-storm water listed in

Part I.B.2 and 3 of this permit that are combined with storm water discharges associated with

construction activity must be identified in the plan. The SWPPP shall identify and ensure the

implementation of appropriate pollution prevention measures to reduce and /or eliminate the non-

storm water component(s) of the discharge.

E. Responsibilities of Contractors and Subcontractors

Permittees must either implement their portions of a common SWPPP or develop and

implement their own SWPPP. In instances where there is more than one SWPPP for a site,

cooperation between permittees is encouraged to ensure the storm water discharge control measures

are consistent with one another (e.g., provisions to protect endangered and/or threatened species and

their critical habitat, and historic sites listed and/or proposed to be listed on national and state

registries). Permittees must ensure either directly or through coordination with other permittees that

their activities do not render another party's pollution controls ineffective.

1. Contractors and Subcontractors Implementing Storm Water Control Measures.

The SWPPP must clearly identify for each control measure included in the plan, the party that

will implement the measure. The permittee(s) shall ensure that all contractors and subcontractors are

identified in the plan as being responsible for implementing storm water control measures.

2. Contractors and Subcontractors Impacting Storm Water Control Measures.

The permittee shall ensure that contractor(s) and subcontractor(s) who will conduct activities

that might impact the effectiveness of control measures but who do not meet the definition of

“operator” (Part VII), are identified in the plan and which control measures might be impacted.

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3. Utility Companies.

The SWPPP must clearly identify, for each control measure identified in the plan relating to

the installation of utility service, the party that will implement the measure.

F. Wash Water from Concrete Trucks

1. Concrete wash water from rinsing the chute. Wash water generated during the rinsing of the

chute of a concrete truck at a construction site may be rinsed if managed by an appropriate control

structure, such as into a trap on the ground at the construction site. This activity usually generates a

de minimis quantity of wash water that can be easily managed at the construction site. The rinsing

activity must be done in such a manner that there is no runoff of rinse water from the construction

site (unless managed by an appropriate control), especially into surface drainage, storm sewers, or

surface waters.

Contractors may follow EPA guidance (https://www.epa.gov/sites/default/files/2015-

11/documents/concretewashout_0.pdf) for rinsing out the chute of a concrete mixer and hoppers of

concrete pumps at a construction site, provided they understand that the wash out structure is

temporary and must be cleaned out and removed from the site when the construction project is

completed. If the permittee and/or a contractor under the direct supervision of the permittee follows

the EPA guidance for rinsing out the chute of a concrete mixed and hoppers of concrete pumps at a

construction site, the LDEQ Solid Waste Permits Section must be notified to determine if additional

environmental protection regulations govern the containment and storage of the wash out material at

the construction site.

2. Concrete wash out from the drum. The permit does not authorize the discharge of drum

washout water at a construction site. More wash water is generated during the wash out of the drum

of a concrete truck than is generated during the rinsing of the chute. The drum of a concrete truck

shall be washed out at a ready mix concrete plant that is permitted to discharge the wash water.

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Part IV. RETENTION OF RECORDS

A. Documents

The permittee shall retain copies of SWPPPs and all records and reports required by this

permit for a period of at least three years from the date that the site is finally stabilized. This period

may be extended by request of the LDEQ at any time.

B. Accessibility

The permittee shall retain a copy of the SWPPP required by this permit (including a copy of

the permit language) at the construction site (or other local site accessible to the LDEQ and the

public) from the date of project initiation to the date of final stabilization. The permittees with day-

to-day operational control over pollution prevention plan implementation shall have a copy of the

plan available at a central location on-site for use by all operators and those who are identified as

having responsibilities under the plan whenever they are on the construction site. A copy of the plan

must be readily available to inspectors during normal business hours.

C. Addresses

All written correspondence concerning discharges in Louisiana from any project covered

under this permit shall be identified by the project’s agency interest number and permit number

LAR200000 and sent to the following address:

Louisiana Department of Environmental Quality

Office of Environmental Services

P. O. Box 4313

Baton Rouge, LA 70821-4313

Attn: Water Permits Division

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Part V. STANDARD PERMIT CONDITIONS

SECTION A. GENERAL CONDITIONS

1. Introduction

In accordance with the provisions of LAC 33:IX.2701, et seq., this permit incorporates either

expressly or by reference ALL conditions and requirements applicable to the Louisiana Pollutant

Discharge Elimination System Permits (LPDES) set forth in the Louisiana Environmental

Quality Act (LEQA), as amended, as well as ALL applicable regulations.

2. Duty to Comply

The permittee must comply with all conditions of this permit. Any permit noncompliance

constitutes a violation of the Clean Water Act (CWA) and the Louisiana Environmental Quality

Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or

modification; or for denial of a permit renewal application.

3. Penalties for Violation of Permit Conditions

a. R.S. 30:2025 provides for civil penalties for violations of these regulations and the Louisiana

Environmental Quality Act. R.S. 30:2076.2 provides for criminal penalties for violation of

any provisions of the LPDES or any order or any permit condition or limitation issued under

or implementing any provisions of the LPDES program. (See Section E. Penalties for

Violation of Permit Conditions for additional details.)

b. Any person may be assessed an administrative penalty by the state administrative authority

under R.S. 30:2025 for violating a permit condition or limitation implementing any of the

requirements of the LPDES program in a permit issued under the regulations or the Louisiana

Environmental Quality Act.

4. Toxic Pollutants

a. Other effluent limitations and standards under Sections 301, 302, 303, 307, 318, and 405 of

the Clean Water Act. If any applicable toxic effluent standard or prohibition (including any

schedule of compliance specified in such effluent standard or prohibition) is promulgated

under Section 307(a) of the Clean Water Act for a toxic pollutant, and that standard or

prohibition is more stringent than any limitation on the pollutant in this permit, the state

administrative authority shall institute proceedings under these regulations to modify or

revoke and reissue the permit to conform to the toxic effluent standard or prohibition.

b. The permittee shall comply with effluent standards or prohibitions established under Section

307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use

or disposal established under Section 405(d) of the Clean Water Act within the time provided

in the regulations that establish these standards or prohibitions, or standards for sewage

sludge use or disposal, even if the permit has not yet been modified to incorporate the

requirement.

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5. Duty to Reapply

a. Individual Permits. If the permittee wishes to continue an activity regulated by this permit

after the expiration date of this permit, the permittee must apply for and obtain a new permit.

The new application shall be submitted at least 180 days before the expiration date of the

existing permit, unless permission for a later date has been granted by the state administrative

authority. (The state administrative authority shall not grant permission for applications to be

submitted later than the expiration date of the existing permit.) Continuation of expiring

permits shall be governed by regulations promulgated at LAC 33:IX.2321 and any

subsequent amendments.

b. General Permits. General permits expire five years after the effective date. The 180-day

reapplication period as defined above is not applicable to general permit authorizations.

Reissued general permits may provide automatic coverage for permittees authorized under

the previous version of the permit, and no new application is required. Requirements for

obtaining authorization under the reissued general permit will be outlined in Part I of the new

permit. Permittees authorized to discharge under an expiring general permit should follow

the requirements for obtaining coverage under the new general permit to maintain discharge

authorization.

6. Permit Action

This permit may be modified, revoked and reissued, or terminated for cause in accordance with

LAC 33:IX.2903, 2905, 2907, 3105, and 6509. The causes may include, but are not limited to,

the following:

a. Noncompliance by the permittee with any condition of the permit;

b. The permittee’s failure in the application or during the permit issuance process to disclose

fully all relevant facts, or the permittee’s misrepresentation of any relevant facts at any time;

c. A determination that the permitted activity endangers human health or the environment and

can only be regulated to acceptable levels by permit modification or termination;

d. A change in any condition that requires either a temporary or a permanent reduction or

elimination of any discharge;

e. Failure to pay applicable fees under the provisions of LAC 33:IX.Chapter 13; or

f. Change of ownership or operational control.

The filing of a request by the permittee for a permit modification, revocation and reissuance, or

termination, or a notification of planned changes or anticipated noncompliance does not stay any

permit condition.

7. Property Rights

This permit does not convey any property rights of any sort, or any exclusive privilege, nor does

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it authorize any injury to private or public property, nor any infringement of federal, state, or

local laws or regulations.

8. Duty to Provide Information

The permittee shall furnish to the state administrative authority, within a reasonable time, any

information which the state administrative authority may request to determine whether cause

exists for modifying, revoking and reissuing, or terminating this permit, or to determine

compliance with this permit. The permittee shall also furnish to the state administrative

authority, upon request, copies of records required to be kept by this permit.

9. Criminal and Civil Liability

Except as provided in permit conditions on "Bypassing" and "Upsets," nothing in this permit

shall be construed to relieve the permittee from civil or criminal penalties for noncompliance.

Any false or materially misleading representation or concealment of information required to be

reported by the provisions of the permit, the Act, or applicable regulations, which avoids or

effectively defeats the regulatory purpose of the Permit may subject the permittee to criminal

enforcement pursuant to R.S. 30:2025.

10. Oil and Hazardous Substance Liability

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve

the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may

be subject under Section 311 of the Clean Water Act.

11. State Laws

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve

the permittee from any responsibilities, liabilities, or penalties established pursuant to any

applicable state law or regulation under authority preserved by Section 510 of the Clean Water

Act.

12. Severability

If any provision of these rules and regulations, or the application thereof, is held to be invalid,

the remaining provisions of these rules and regulations shall not be affected, so long as they can

be given effect without the invalid provision. To this end, the provisions of these rules and

regulations are declared to be severable.

13. Dilution

A permittee shall not achieve any effluent concentration by dilution unless specifically

authorized in the permit. A permittee shall not increase the use of process water or cooling water

or otherwise attempt to dilute a discharge as a partial or complete substitute for adequate

treatment to achieve permit limitations or water quality.

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14. Facilities Requiring Approval from Other State Agencies

In accordance with R.S. 40:4(A)(6) the plans and specifications of all sewerage works, both

public and private, must be approved by the Louisiana Department of Health state health officer

or his designee. It is unlawful for any person, firm, or corporation, both municipal and private, to

operate a sanitary sewage treatment facility without proper authorization from the state health

officer.

In accordance with R.S. 40:1281.9, it is unlawful for any person, firm or corporation, both

municipal and private, operating a sewerage system to operate that system unless the competency

of the operator is duly certified by the Louisiana Department of Health state health officer.

Furthermore, it is unlawful for any person to perform the duties of an operator without being

duly certified.

In accordance with R.S. 48.385, it is unlawful for any industrial wastes, sewage, septic tanks

effluent, or any noxious or harmful matter, solid, liquid, or gaseous to be discharged into the side

or cross ditches or placed upon the rights-of-ways of state highways without the prior written

consent of the Department of Transportation and Development chief engineer or his duly

authorized representative and of the secretary of the Louisiana Department of Health.

15. The standards provided in Chapter 11 – Surface Water Quality Standards are official regulations

of the state, and any person who discharges pollutants to the waters of the state in such quantities

as to cause these standards to be violated shall be subject to the enforcement procedures of the

state as specified in R.S. 30:2025.

16. Preproduction Plastics

In accordance with the House Concurrent Resolution No. 37 from the 2021 Regular Session,

there shall be zero discharge or release of preproduction plastic into waters of the state from

facilities which manufacture or manage such material. Additionally, facilities which manufacture

or manage preproduction plastic must maintain a spill prevention plan onsite or at the nearest

manned facility (made available to LDEQ upon request) addressing procedures to prevent and

abate any release or discharge of preproduction plastic into the waters of the state.

SECTION B. PROPER OPERATION AND MAINTENANCE

1. Need to Halt or Reduce not a Defense

It shall not be a defense for a permittee in an enforcement action that it would have been

necessary to halt or reduce the permitted activity in order to maintain compliance with the

conditions of this permit.

2. Duty to Mitigate

The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use

or disposal in violation of this permit which has a reasonable likelihood of adversely affecting

human health or the environment. The permittee shall also take all reasonable steps to minimize

or correct any adverse impact on the environment resulting from noncompliance with the permit,

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including such accelerated or additional monitoring as necessary to determine the nature and

impact of the noncomplying discharge.

3. Proper Operation and Maintenance

a. The permittee shall at all times properly operate and maintain all facilities and systems of

treatment and control (and related appurtenances) which are installed or used by the

permittee to achieve compliance with the conditions of this permit. Proper operation and

maintenance also includes adequate laboratory controls and appropriate quality assurance

procedures. This provision requires the operation of backup or auxiliary facilities or similar

systems which are installed by a permittee only when the operation is necessary to achieve

compliance with the conditions of the permit.

b. The permittee shall provide an adequate operating staff which is duly qualified to carry out

operation, maintenance, and other functions necessary to ensure compliance with the

conditions of this permit.

4. Bypass of Treatment Facilities

a. Bypass. The intentional diversion of waste streams from any portion of a treatment facility.

b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does

not cause effluent limitations to be exceeded, but only if it also is for essential maintenance

to assure efficient operation. These bypasses are not subject to the provisions of Section

B.4.c. and 4.d of these standard conditions.

c. Notice

(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall

submit prior notice to the Office of Environmental Services, Water Permits Division, if

possible at least 10 days before the date of the bypass.

(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as

required in LAC 33:IX.2701.L.6 (24-hour notice) and Section D.6.e of these standard

conditions.

d. Prohibition of bypass

(1) Bypass is prohibited, and the state administrative authority may take enforcement action

against a permittee for bypass, unless:

(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property

damage;

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary

treatment facilities, retention of untreated wastes, or maintenance during normal

periods of equipment downtime. This condition is not satisfied if adequate backup

equipment should have been installed in the exercise of reasonable engineering

judgment to prevent a bypass which occurred during normal periods of equipment

downtime or preventive maintenance; and

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conditions.

(2) The state administrative authority may approve an anticipated bypass after considering

its adverse effects, if the state administrative authority determines that it will meet the

three conditions listed in Section B.4.d(1) of these standard conditions.

5. Upset Conditions

a. Upset. An exceptional incident in which there is unintentional and temporary noncompliance

with technology-based permit effluent limitations because of factors beyond the reasonable

control of the permittee. An upset does not include noncompliance to the extent caused by

operational error, improperly designed treatment facilities, inadequate treatment facilities,

lack of preventive maintenance, or careless or improper operation.

b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for

noncompliance with such technology-based permit effluent limitations if the requirements of

Section B.5.c are met. No determination made during administrative review of claims that

noncompliance was caused by an upset, and before an action for noncompliance, constitutes

final administrative action subject to judicial review.

c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the

affirmative defense of upset shall demonstrate, through properly signed, contemporaneous

operating logs, or other relevant evidence that:

(1) An upset occurred and that the permittee can identify the cause(s) of the upset;

(2) The permitted facility was at the time being properly operated;

(3) The permittee submitted notice of the upset as required by LAC 33:IX.2701.L.6.b.ii and

Section D.6.e(2) of these standard conditions; and

(4) The permittee complied with any remedial measures required by Section B.2 of these

standard conditions.

d. Burden of proof. In any enforcement proceeding, the permittee seeking to establish the

occurrence of an upset has the burden of proof.

6. Removed Substances

Solids, sewage sludges, filter backwash, or other pollutants removed in the course of treatment or

wastewater control shall be properly disposed of in a manner such as to prevent any pollutant

from such materials from entering waters of the state and in accordance with environmental

regulations.

7. Percent Removal

For Publicly Owned Treatment Works, the 30-day average percent removal for Biochemical

Oxygen Demand and Total Suspended Solids shall not be less than 85 percent in accordance

with LAC 33:IX.5905.A.3 and B.3. Publicly owned treatment works utilizing waste stabilization

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ponds/oxidation ponds are not subject to the 85 percent removal rate for Total Suspended Solids.

SECTION C. MONITORING AND RECORDS

1. Inspection and Entry

The permittee shall allow the state administrative authority or an authorized representative

(including an authorized contractor acting as a representative of the Administrator), upon the

presentation of credentials and other documents as may be required by the law to:

a. Enter upon the permittee's premises where a regulated facility or activity is located or

conducted, or where records must be kept under the conditions of this permit.

Enter upon the permittee's premises where a discharge source is or might be located or in

which monitoring equipment or records required by a permit are kept for inspection or

sampling purposes. Most inspections will be unannounced and should be allowed to begin

immediately, but in no case shall begin more than 30 minutes after the time the inspector

presents his/her credentials and announces the purpose(s) of the inspection. Delay in excess

of 30 minutes shall constitute a violation of this permit. However, additional time can be

granted if the inspector or the administrative authority determines that the circumstances

warrant such action;

b. Have access to and copy, at reasonable times, any records that the department or its

authorized representative determines are necessary for the enforcement of this permit. For

records maintained in either a central or private office that is open only during normal office

hours and is closed at the time of inspection, the records shall be made available as soon as

the office is open, but in no case later than the close of business the next working day;

c. Inspect at reasonable times any facilities, equipment (including monitoring and control

equipment), practices, or operations regulated or required under this permit; and

d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as

otherwise authorized by the Clean Water Act or the Louisiana Environmental Quality Act,

any substances or parameters at any location.

e. Sample Collection

(1) When the inspector announces that samples will be collected, the permittee may be

given an additional 30 minutes to prepare containers in order to collect duplicates. If the

permittee cannot obtain and prepare sample containers within this time, he is considered

to have waived his right to collect duplicate samples and the sampling will proceed

immediately. Further delay on the part of the permittee in allowing initiation of the

sampling will constitute a violation of this permit.

(2) At the discretion of the administrative authority, sample collection shall proceed

immediately (without the additional 30 minutes described in Section C.1.a above), and

the inspector shall supply the permittee with a duplicate sample.

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f. It shall be the responsibility of the permittee to ensure that a facility representative familiar

with provisions of its wastewater discharge permit, including any other conditions or

limitations, be available either by phone or in person at the facility during all hours of

operation. The absence of such personnel on-site who are familiar with the permit shall not

be grounds for delaying the initiation of an inspection except in situations as described in

Section C.1.b of these standard conditions. The permittee shall be responsible for providing

witnesses/escorts during inspections. Inspectors shall abide by all company safety rules and

shall be equipped with standard safety equipment (hard hat, safety shoes, safety glasses)

normally required by industrial facilities.

g. Upon written request, copies of field notes, drawings, etc., taken by department personnel

during an inspection shall be provided to the permittee after the final inspection report has

been completed.

2. Representative Sampling

Samples and measurements taken for the purpose of monitoring shall be representative of the

monitored activity. All samples shall be taken at the outfall location(s) indicated in the permit.

The state administrative authority shall be notified prior to any changes in the outfall location(s).

Any changes in the outfall location(s) may be subject to modification, revocation, and reissuance

in accordance with LAC 33:IX.2903.

3. Retention of Records

Except for records of monitoring information required by this permit related to the permittee’s

sewage sludge use and disposal activities, which shall be retained for a period of at least five

years (or longer, as required by 40 CFR 503), the permittee shall retain records of all monitoring

information, including all calibration and maintenance records and all original strip chart

recordings for continuous monitoring instrumentation, copies of all reports required by this

permit, and records of all data used to complete the application for this permit, for a period of at

least 3 years from the date of the sample, measurement, report, or application. This period may

be extended by request of the state administrative authority at any time.

4. Record Contents

Records of monitoring information shall include:

a. The date, exact place, and time of sampling or measurements;

b. The individual(s) who performed the sampling or measurements;

c. The date(s) analyses were performed;

d. The time(s) analyses were begun;

e. The individual(s) who performed the analyses;

f. The analytical techniques or methods used;

g. The results of such analyses; and

h. The results of all quality control procedures.

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5. Monitoring Procedures

a. Measurements and analyses must be conducted according to test procedures approved under

40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136

unless otherwise specified in 40 CFR Part 503, unless other test procedures have been

specified in this permit.

b. The permittee shall calibrate and perform maintenance procedures on all monitoring and

analytical instruments at intervals frequent enough to ensure accuracy of measurements and

shall maintain appropriate records of such activities.

c. The permittee or designated laboratory shall have an adequate analytical quality

assurance/quality control program to produce defensible data of known precision and

accuracy. All quality control measures shall be assessed and evaluated on an ongoing basis,

and quality control acceptance criteria shall be used to determine the validity of the data. All

method-specific quality controls as prescribed in the method shall be followed. If quality

control requirements are not included in the method, the permittee or designated laboratory

shall follow the quality control requirements as prescribed in the Approved Edition (40 CFR

Part 136) Standard Methods for the Examination of Water and Wastewater, Sections 1020A

and 1020B. General sampling protocol shall follow guidelines established in the Handbook

for Sampling and Sample Preservation of Water and Wastewater, 1982 U.S. Environmental

Protection Agency. This publication is available from the National Service Center for

Environmental Publications

https://nepis.epa.gov/Exe/ZyNET.exe/30000QSA.TXT?ZyActionD=ZyDocument&Client=E

PA&Index=1981+Thru+1985&Docs=&Query=&Time=&EndTime=&SearchMethod=1&To

cRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&Int

QFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5Czyfiles%5CIndex%20Data%5

C81thru85%5CTxt%5C00000001%5C30000QSA.txt&User=ANONYMOUS&Password=an

onymous&SortMethod=h%7C-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r

75g8/r75g8/x150y150g16/i425&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&

Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage

=x&ZyPURL

6. Flow Measurements

Appropriate flow measurement devices and methods consistent with accepted scientific practices

shall be selected and used to ensure the accuracy and reliability of measurements of the volume

of monitored discharges. The devices shall be installed, calibrated, and maintained to ensure that

the accuracy of the measurements is consistent with the accepted capability of that type of

device. Devices selected shall be capable of measuring flows with a maximum deviation of less

than 10 percent from true discharge rates throughout the range of expected discharge volumes

and shall be calibrated by a qualified source at least once a year to ensure their accuracy. A

qualified source is a person that has received formal training and/or has practical field experience

in the calibration of the flow measurement device used at the facility. Guidance in selection,

installation, calibration, and operation of acceptable flow measurement devices can be obtained

from the following references:

a. A Guide to Methods and Standards for the Measurement of Water Flow, 1975, U.S.

Department of Commerce, National Bureau of Standards. This publication is available from

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the National Technical Information Service (NTIS), Springfield, VA 22161, telephone

number (800) 553-6847. Order by NTIS publication number COM-75-10683.

https://www.govinfo.gov/content/pkg/GOVPUB-C13-a301a5f6bf6ec378b4fabc9c626c03e2/

pdf/GOVPUB-C13-a301a5f6bf6ec378b4fabc9c626c03e2.pdf

b. Flow Measurement in Open Channels and Closed Conduits, Volumes 1 and 2 U.S.

Department of Commerce, National Bureau of Standards. This publication is available from

the National Technical Service (NTIS), Springfield, VA, 22161, telephone number (800)

553-6847. Order by NTIS publication number PB-273 535.

Volume 1:

https://www.govinfo.gov/content/pkg/GOVPUB-C13-c0f8a094b9fcc5c32be685edbd48f942/

pdf/GOVPUB-C13-c0f8a094b9fcc5c32be685edbd48f942.pdf.

Volume 2:

https://www.govinfo.gov/content/pkg/GOVPUB-C13-b3daf36f1cc0f770bc04d66da5cdc937/

pdf/GOVPUB-C13-b3daf36f1cc0f770bc04d66da5cdc937.pdf

c. NPDES Compliance Flow Measurement Manual, U.S. Environmental Protection Agency,

Office of Water Enforcement. This publication is available from the National Technical

Information Service (NTIS), Springfield, VA 22161, telephone number (800) 553-6847.

Order by NTIS publication number PB-82-131178.

https://nepis.epa.gov/Exe/ZyNET.exe/9101TZLK.TXT?ZyActionD=ZyDocument&Client=E

PA&Index=1981+Thru+1985&Docs=&Query=&Time=&EndTime=&SearchMethod=1&To

cRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&Int

QFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5Czyfiles%5CIndex%20Data%5

C81thru85%5CTxt%5C00000026%5C9101TZLK.txt&User=ANONYMOUS&Password=an

onymous&SortMethod=h%7C-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r

75g8/r75g8/x150y150g16/i425&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&

Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage

=x&ZyPURL

7. Prohibition for Tampering: Penalties

a. R.S. 30:2025 provides for punishment of any person who falsifies, tampers with, or

knowingly renders inaccurate any monitoring device or method required to be maintained

under this permit.

b. R.S. 30:2076.2 provides for penalties for any person who knowingly makes any false

statement, representation, or certification in any record or other document submitted or

required to be maintained under this permit, including monitoring reports or reports of

compliance or noncompliance.

8. Additional Monitoring by the Permittee

If the permittee monitors any pollutant more frequently than required by the permit using test

procedures approved under 40 CFR Part 136 (see LAC 33:IX.4901), or in the case of sludge use

and disposal, approved under 40 CFR Part 136 (see LAC 33:IX.4901) unless otherwise specified

in 40 CFR Part 503, or as specified in the permit, the results of this monitoring shall be included

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in the calculation and reporting of the data submitted in the DMR or sludge reporting form

specified by the state administrative authority.

9. Averaging of Measurements

Calculations for all limitations which require averaging of measurements shall utilize an

arithmetic mean unless otherwise specified by the state administrative authority in the permit.

10. Laboratory Accreditation

a. LAC 33:I.Subpart 3, Chapters 45–59 provide requirements for an accreditation program

specifically applicable to commercial laboratories, wherever located, that provide chemical

analyses, analytical results, or other test data to the department, by contract or by agreement,

and the data is:

(1) Submitted on behalf of any facility, as defined in R.S. 30:2004;

(2) Required as part of any permit application;

(3) Required by order of the department;

(4) Required to be included on any monitoring reports submitted to the department;

(5) Required to be submitted by contractor; and/or

(6) Otherwise required by department regulations.

b. The department laboratory accreditation program, Louisiana Environmental Laboratory

Accreditation Program (LELAP) is designed to ensure the accuracy, precision, and reliability

of the data generated, as well as the use of department-approved methodologies in generation

of that data. Laboratory data generated by commercial environmental laboratories that are

not LELAP-accredited will not be accepted by the department. Retesting of analysis by an

accredited commercial laboratory will be required.

Where retesting of effluent is not possible (for example, data reported on DMRs for prior

month's sampling), the data generated will be considered invalid and in violation of the

LPDES permit.

c. Regulations on the Louisiana Environmental Laboratory Accreditation Program and a list of

labs that have applied for accreditation are available on the department website located under

LDEQ  About LDEQ Public Participation and Permit Support LA Lab Accreditation

at the following link: http://deq.louisiana.gov/page/la-lab-accreditation.

Questions concerning the program may be directed to (225) 219-3247.

SECTION D. REPORTING REQUIREMENTS

1. Facility Changes

The permittee shall give notice to the state administrative authority as soon as possible of any

planned physical alterations or additions to the permitted facility. Notice is required only when:

a. The alteration or addition to a permitted facility may meet one of the criteria for determining

whether a facility is a new source in 40 CFR 122.29(b); or

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b. The alteration or addition could significantly change the nature or increase the quantity of

pollutants discharged. This notification applies to pollutants which are subject neither to

effluent limitations in the permit nor to notification requirements under LAC

33:IX.2703.A.1.

c. For Municipal Permits. Any new introduction of pollutants into the POTW from an indirect

discharger which would be subject to Section 301 or 306 of the CWA if it were directly

discharging those pollutants, and any substantial change in the volume or character of

pollutants being introduced into that POTW by a source introducing pollutants into the

POTW at the time of issuance of the permit. In no case are any new connections, increased

flows, or significant changes in influent quality permitted that will cause violation of the

effluent limitations specified herein.

2. Anticipated Noncompliance

The permittee shall give advance notice to the state administrative authority of any planned

changes in the permitted facility or activity which may result in noncompliance with permit

requirements.

3. Transfers

This permit is not transferable to any person except after notice to the state administrative

authority. The state administrative authority may require modification or revocation and

reissuance of the permit to change the name of the permittee and incorporate such other

requirements as may be necessary under the Clean Water Act or the Louisiana Environmental

Quality Act. (See LAC 33:IX.2901; in some cases, modification or revocation and reissuance is

mandatory.)

A permit may be transferred by the permittee to a new owner or operator only if: (1) the permit

has been modified or revoked and reissued (under LAC 33:IX.2903.A.2.b) by the permittee and

new owner submitting a Name/Ownership/Operator Change Form (NOC-1 Form) and approved

by LDEQ (LAC 33:I.Chapter 19); or (2) a minor modification made (under LAC 33:IX.2905) to

identify the new permittee and incorporate such other requirements as may be necessary under

the Clean Water Act and the Louisiana Environmental Quality Act.

The NOC-1 form can be found using the pathway LDEQ  Water LPDES Application Forms

at the following link: http://deq.louisiana.gov/page/lpdes-water-permits

4. Monitoring Reports

Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall

be submitted through a department-approved electronic document receiving system (NetDMR)

in accordance with LAC 33:I.Chapter 21 unless the state administrative authority gives written

authorization to the permittee to submit monitoring results in an alternative format such as paper

DMRs.

Information about NetDMR and gaining access can be viewed using the pathway LDEQ 

Water Enforcement  NETDMR on the department’s website at:

http://deq.louisiana.gov/page/netdmr.

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The permittee shall submit properly completed Discharge Monitoring Reports (DMRs) using the

format specified in the permit.

If authorized to report using an alternative format such as paper DMRs, then preprinted DMRs

will be provided to majors and other designated facilities. Please contact the Permit Compliance

Unit concerning preprints. Self-generated DMRs must be pre-approved by the Permit

Compliance Unit prior to submittal. Self-generated DMRs are approved on an individual basis.

Requests for approval of self-generated DMRs should be submitted to the following address:

Supervisor, Permit Compliance Unit

Office of Environmental Compliance

Post Office Box 4312

Baton Rouge, LA 70821-4312

5. Compliance Schedules

Reports of compliance or noncompliance with, or any progress reports on, interim and final

requirements contained in any compliance schedule of this permit shall be submitted no later

than 14 days following each schedule date.

6. Requirements for Notification

a. Emergency Notification

As required by LAC 33.I.3915, in the event of an unauthorized discharge that causes an

emergency condition, the discharger shall notify the hotline (Department of Public Safety

(DPS) 24-hour Louisiana Emergency Hazardous Materials Hotline) by telephone at (225)

925-6595 (collect calls accepted 24 hours a day) immediately (a reasonable period of time

after taking prompt measures to determine the nature, quantity, and potential off-site impact

of a release, considering the exigency of the circumstances), but in no case later than one

hour after learning of the discharge. (An emergency condition is any condition which could

reasonably be expected to endanger the health and safety of the public, cause significant

adverse impact to the land, water, or air environment, or cause severe damage to property.)

Notification required by this section will be made regardless of the amount of discharge.

Prompt Notification Procedures are listed in Section D.6.c of these standard conditions.

A written report shall be provided within seven calendar days after the notification. The

report shall contain the information listed in Section D.6.d of these standard conditions and

any additional information in LAC 33:I.3925.B.

b. Prompt Notification

As required by LAC 33:I.3917, in the event of an unauthorized discharge that exceeds a

reportable quantity specified in LAC 33:I.Chapter 39.Subchapter E, but does not cause an

emergency condition, the discharger shall promptly notify DPS by telephone at (225) 925-

6595 (collect calls accepted 24 hours a day) within 24 hours after learning of the discharge.

In the event of an unauthorized discharge that requires notification, the DPS 24-hour

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Louisiana Emergency Hazardous Materials Hotline will notify the Department of

Environmental Quality.

In accordance with LAC 33:I.3923, notifications not required by LAC 33:I.3915 or 3917

shall be provided to the department within a time frame not to exceed 24 hours, or as

specified by the specific regulation or permit provision requiring the notification, and shall be

given to Single Point of Contact (SPOC), as follows:

(1) by the Online Incident Reporting screens found at http://deq.louisiana.gov/page/file-a-

complaint-report-an-incident; or

(2) by email utilizing the Incident Report Form and instructions found at

https://www.deq.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=single-

point-of-contact; or

(3) by telephone at (225) 219-3640 during office hours, or (225) 342-1234 after hours and

on weekends and holidays.

c. Content of Prompt Notifications

The following guidelines will be utilized as appropriate, based on the conditions and

circumstances surrounding any unauthorized discharge, to provide relevant information

regarding the nature of the discharge:

(1) the name of the person making the notification and the telephone number where any

return calls from response agencies can be placed;

(2) the name and location of the facility or site where the unauthorized discharge is

imminent or has occurred, using common landmarks. In the event of an incident

involving transport, include the name and address of the transporter and generator;

(3) the date and time the incident began and ended, or the estimated time of continuation if

the discharge is continuing;

(4) the extent of any injuries and identification of any known personnel hazards that

response agencies may face;

(5) the common or scientific chemical name, the U.S. Department of Transportation hazard

classification, and the best estimate of amounts of any and all discharged pollutants; and

(6) a brief description of the incident sufficient to allow response agencies to formulate their

level and extent of response activity.

d. Written Notification Procedures

Written reports for any unauthorized discharge that requires notification under Section D.6.a

or b, shall be submitted by the discharger to the Office of Environmental Compliance,

Emergency and Radiological Services Division - SPOC in accordance with LAC 33:I.3925

within seven calendar days after the notification required by D.6.a or 6.b, unless otherwise

provided for in a valid permit or other department regulation. Written notification reports

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shall include, but not be limited to, the following information:

(1) the name, address, telephone number, Agency Interest (AI) number (number assigned by

the department) if applicable, and any other applicable identification numbers of the

person, company, or other party who is filing the written report, and specific

identification that the report is the written follow-up report required by this section;

(2) the time and date of prompt notification, the state official contacted when reporting, the

name of person making that notification, identification of the site or facility, vessel,

transport vehicle, or storage area from which the unauthorized discharge occurred, and

the location where the incident occurred;

(3) date(s), time(s), and duration of the unauthorized discharge and, if not corrected, the

anticipated time it is expected to continue;

(4) details of the circumstances (unauthorized discharge description and root cause) and

events leading to any unauthorized discharge, including incidents of loss of sources of

radiation, and if the release point is subject to a permit:

(a) the current permitted limit for the pollutant(s) released; and

(b) the permitted release point/outfall ID

(5) the common or scientific chemical name of each specific pollutant that was released as

the result of an unauthorized discharge, including the CAS number and U.S. Department

of Transportation hazard classification, and the best estimate of amounts of any and all

released pollutants (total amount of each compound expressed in pounds, including

calculations);

(6) a statement of the actual or probable fate or disposition of the pollutant or source of

radiation and what off-site impact resulted; and

(7) remedial actions taken, or to be taken, to stop unauthorized discharges or to recover

pollutants or sources of radiation.

Written notification reports shall be submitted to the Office of Environmental Compliance,

SPOC by mail or e-mail. The transmittal envelope and report or e-mail subject line and

report should be clearly marked “UNAUTHORIZED DISCHARGE NOTIFICATION

REPORT.”

Written reports (LAC 33:I.3925) should be mailed to:

Louisiana Department of Environmental Quality

Post Office Box 4312

Baton Rouge, LA 70821-4312

ATTENTION: OFFICE OF ENVIRONMENTAL COMPLIANCE – SPOC

"UNAUTHORIZED DISCHARGE NOTIFICATION REPORT"

The Written Notification Report may be emailed to the Louisiana Department of

Environmental Quality, Office of Environmental Compliance, Single Point of Contact at:

writtennotificationL[email protected].

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Please see LAC 33:I.3925.B for additional written notification procedures.

e. Twenty-four Hour Reporting

The permittee shall report any noncompliance which may endanger human health or the

environment. Any information shall be provided orally within 24 hours from the time the

permittee becomes aware of the circumstances. A written submission shall also be provided

within five days of the time the permittee becomes aware of the circumstances. The written

submission shall contain a description of the noncompliance and its cause; the period of

noncompliance, including exact dates and times, and if the noncompliance has not been

corrected, the anticipated time it is expected to continue; and steps taken or planned to

reduce, eliminate, and prevent recurrence of the noncompliance. The following shall be

included as information which must be reported within 24 hours:

(1) Any unanticipated bypass which exceeds any effluent limitation in the permit (see LAC

33:IX.2701.M.3.b);

(2) Any upset which exceeds any effluent limitation in the permit; and/or

(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the

state administrative authority in Part II of the permit to be reported within 24 hours

(LAC 33:IX.2707.G).

7. Other Noncompliance

The permittee shall report all instances of noncompliance not reported under Section D.4, 5, and

6, at the time monitoring reports are submitted. The reports shall contain the information listed

in Section D.6.e.

8. Other Information

Where the permittee becomes aware that it failed to submit any relevant facts in a permit

application, or submitted incorrect information in a permit application or in any report to the

state administrative authority, it shall promptly submit such facts or information.

9. Discharges of Toxic Substances

In addition to the reporting requirements under Section D.1–8, all existing manufacturing,

commercial, mining, and silvicultural dischargers must notify the Office of Environmental

Services, Water Permits Division as soon as they know or have reason to believe:

a. That any activity has occurred or will occur which would result in the discharge, on a

routine or frequent basis, of any toxic pollutant:

(1) listed at LAC 33:IX.7107, Tables II and III (excluding Total Phenols) which is not

limited in the permit, if that discharge will exceed the highest of the following

notification levels:

(a) One hundred micrograms per liter (100 μg/L);

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(b) Two hundred micrograms per liter (200 μg/L) for acrolein and acrylonitrile; five

hundred micrograms per liter (500 μg/L) for 2,4-dinitrophenol and for 2-methyl-

4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony;

permit application in accordance with LAC 33:IX.2501.G.7; or

(d) The level established by the state administrative authority in accordance with LAC

33:IX.2707.F; or

(2) which exceeds the reportable quantity levels for pollutants at LAC 33:I.Chapter

39.Subchapter E.

b. That any activity has occurred or will occur which would result in any discharge, on a non-

routine or infrequent basis, of a toxic pollutant:

(1) listed at LAC 33:IX.7107, Tables II and III (excluding Total Phenols) which is not

limited in the permit, if that discharge will exceed the highest of the following

"notification levels":

(a) Five hundred micrograms per liter (500 μg/L);

(b) One milligram per liter (1 mg/L) for antimony;

permit application in accordance with LAC 33:IX.2501.G.7; or

(d) The level established by the state administrative authority in accordance with LAC

33:IX.2707.F; or

(2) which exceeds the reportable quantity levels for pollutants at LAC 33:I.Chapter

39.Subchapter E.

10. Signatory Requirements

All applications, reports, or information submitted to the state administrative authority shall be

signed and certified.

a. All permit applications shall be signed as follows:

(1) For a corporation—by a responsible corporate officer. For the purpose of this section, a

responsible corporate officer means:

(a) A president, secretary, treasurer, or vice-president of the corporation in charge of a

principal business function, or any other person who performs similar policy or

decision making functions for the corporation; or,

(b) The manager of one or more manufacturing, production, or operating facilities,

provided: the manager is authorized to make management decisions that govern the

operation of the regulated facility, including having the explicit or implicit duty of

making major capital investment recommendations and initiating and directing

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other comprehensive measures to ensure long term environmental compliance with

environmental laws and regulations; the manager can ensure that the necessary

systems are established or actions taken to gather complete and accurate

information for permit application requirements; and the authority to sign

documents has been assigned or delegated to the manager in accordance with

corporate procedures.

NOTE: The department does not require specific assignments or delegations of authority to

responsible corporate officers identified in Section D.10.a(1)(a). The agency will presume

that these responsible corporate officers have the requisite authority to sign permit

applications unless the corporation has notified the state administrative authority to the

contrary. Corporate procedures governing authority to sign permit applications may provide

for assignment or delegation to applicable corporate positions under Section D.10.a(1)(b)

rather than to specific individuals.

(2) For a partnership or sole proprietorship—by a general partner or the proprietor,

respectively; or

(3) For a municipality, state, federal, or other public agency—by either a principal executive

officer or ranking elected official. For purposes of this section, a principal executive

officer of a federal agency includes:

(a) The chief executive officer of the agency, or

(b) A senior executive officer having responsibility for the overall operations of a

principal geographic unit of the agency (for example, Regional Administrators of

EPA).

b. All reports required by permits and other information requested by the state administrative

authority shall be signed by a person described in Section D.10.a, or by a duly authorized

representative of that person. A person is a duly authorized representative only if:

(1) The authorization is made in writing by a person described in Section D.10.a of these

standard conditions;

(2) The authorization specifies either an individual or a position having responsibility for

the overall operation of the regulated facility or activity such as the position of plant

manager, operator of a well or a well field, superintendent, position of equivalent

responsibility, or an individual or position having overall responsibility for

environmental matters for the company, (a duly authorized representative may thus be

either a named individual or an individual occupying a named position); and,

(3) The written authorization is submitted to the state administrative authority.

c. Changes to authorization. If an authorization under Section D.10.b is no longer accurate

because a different individual or position has responsibility for the overall operation of the

facility, a new authorization satisfying the requirements of Section D.10.b must be submitted

to the state administrative authority prior to or together with any reports, information, or

applications to be signed by an authorized representative.

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d. Certification. Any person signing a document under Section D.10.a or b above, shall make

the following certification:

"I certify under penalty of law that this document and all attachments were prepared under

my direction or supervision in accordance with a system designed to assure that qualified

personnel properly gather and evaluate the information submitted. Based on my inquiry of

the person or persons who manage the system, or those persons directly responsible for

gathering the information, the information submitted is, to the best of my knowledge and

belief, true, accurate, and complete. I am aware that there are significant penalties for

submitting false information, including the possibility of fine and imprisonment for knowing

violations."

11. Availability of Reports

All recorded information (completed permit application forms, fact sheets, draft permits, or any

public document) not classified as confidential information under R.S. 30:2030(A) and

30:2074(D) and designated as such in accordance with these regulations (LAC 33:IX.2323 and

LAC 33:IX.6503) shall be made available to the public for inspection and copying during normal

working hours in accordance with the Public Records Act, R.S. 44:1 et seq.

Claims of confidentiality for the following will be denied:

a. The name and address of any permit applicant or permittee; or

b. Permit applications, permits, and effluent data.

Information required by LPDES application forms provided by the state administrative authority

under LAC 33:IX.2501 may not be claimed confidential. This includes information submitted on

the forms themselves and any attachments used to supply information required by the forms.

SECTION E. PENALTIES FOR VIOLATIONS OF PERMIT CONDITIONS

1. Criminal

a. Negligent Violations

R.S. 30:2076.2 provides that any person who negligently violates any provision of the

LPDES, or any order issued by the secretary under the LPDES, or any permit condition or

limitation implementing any such provision in a permit issued under the LPDES by the

secretary, or any requirement imposed in a pretreatment program approved under the LPDES

is subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by

imprisonment for not more than one year, or both. If a conviction of a person is for a

violation committed after a first conviction of such person, he shall be subject to a fine of not

more than $50,000 per day of violation, or imprisonment of not more than two years, or both.

b. Knowing Violations

R.S. 30:2076.2 provides that any person who knowingly violates any provision of the

LPDES, or any permit condition or limitation implementing any such provisions in a permit

issued under the LPDES, or any requirement imposed in a pretreatment program approved

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under the LPDES is subject to a fine of not less than $5,000 nor more than $50,000 per day

of violation, or imprisonment for not more than three years, or both. If a conviction of a

person is for a violation committed after a first conviction of such person, he shall be subject

to a fine of not more than $100,000 per day of violation, or imprisonment of not more than

six years, or both.

c. Knowing Endangerment

R.S. 30:2076.2 provides that any person who knowingly violates any provision of the

LPDES, or any order issued by the secretary under the LPDES, or any permit condition or

limitation implementing any of such provisions in a permit issued under the LPDES by the

secretary, and who knows at that time that he thereby places another person in imminent

danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not

more than $250,000, or by imprisonment for not more than 15 years, or both. A person

which is an organization shall, upon conviction of violating this Paragraph, be subject to a

fine of not more than one million dollars. If a conviction of a person is for a violation

committed after a first conviction of such person under this Paragraph, the maximum

punishment shall be doubled with respect to both fine and imprisonment.

d. False Statements

R.S. 30:2076.2 provides that any person who knowingly makes any false material statement,

representation, or certification in any application, record, report, plan, or other document

filed or required to be maintained under the LPDES or who knowingly falsifies, tampers

with, or renders inaccurate any monitoring device or method required to be maintained under

the LPDES, shall, upon conviction, be subject to a fine of not more than $10,000, or

imprisonment for not more than two years, or both. If a conviction of a person is for a

violation committed after a first conviction of such person under this Subsection, he shall be

subject to a fine of not more than $20,000 per day of violation, or imprisonment of not more

than four years, or both.

2. Civil Penalties

R.S. 30:2025 provides that any person found to be in violation of any requirement of this Subtitle

may be liable for a civil penalty, to be assessed by the secretary, an assistant secretary, or the

court, of not more than the cost to the state of any response action made necessary by such

violation which is not voluntarily paid by the violator, and a penalty of not more than $32,500 for

each day of violation. However, when any such violation is done intentionally, willfully, or

knowingly, or results in a discharge or disposal which causes irreparable or severe damage to the

environment or if the substance discharged is one which endangers human life or health, such

person may be liable for an additional penalty of not more than one million dollars.

(PLEASE NOTE: These penalties are listed in their entirety in Subtitle II of Title 30 of the

Louisiana Revised Statutes.)

SECTION F. DEFINITIONS

All definitions contained in Section 502 of the Clean Water Act shall apply to this permit and are

incorporated herein by reference. Additional definitions of words or phrases used in this permit are

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as follows:

1. Clean Water Act (CWA) means the Public Law 92-500 as amended by Pub. L. 95-217, Pub. L.

95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et seq. The CWA was formerly

referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act

Amendments of 1972.

2. Accreditation means the formal recognition by the department of a laboratory’s competence

wherein specific tests or types of tests can be accurately and successfully performed in

compliance with all minimum requirements set forth in the regulations regarding laboratory

accreditation.

3. Administrator means the Administrator of the U.S. Environmental Protection Agency, or an

authorized representative.

4. Applicable Standards and Limitations means all state, interstate and federal standards and

limitations to which a discharge is subject under the Clean Water Act, including effluent

limitations, water quality standards of performance, toxic effluent standards or prohibitions, best

management practices, and pretreatment standards under Sections 301, 302, 303, 304, 306, 307,

308, and 403.

5. Applicable water quality standards means all water quality standards to which a discharge is

subject under the Clean Water Act.

6. Commercial Laboratory means any laboratory, wherever located, that performs analyses or tests

for third parties for a fee or other compensation and provides chemical analyses, analytical

results, or other test data to the department. The term commercial laboratory does not include

laboratories accredited by the Louisiana Department of Health in accordance with R.S. 49:1001

et seq.

7. Daily Discharge means the discharge of a pollutant measured during a calendar day or any 24-

hour period that reasonably represents the calendar day for purposes of sampling. For pollutants

with limitations expressed in terms of mass, the daily discharge is calculated as the total mass of

the pollutant discharged over the sampling day. For pollutants with limitations expressed in

other units of measurement, the daily discharge is calculated as the average measurement of the

pollutant over the sampling day. Daily discharge determination of concentration made using a

composite sample shall be the concentration of the composite sample.

8. Daily Maximum discharge limitation means the highest allowable "daily discharge."

9. Director means the U.S. Environmental Protection Agency Regional Administrator, or the state

administrative authority, or an authorized representative.

10. Domestic septage means either liquid or solid material removed from a septic tank, cesspool,

portable toilet, Type III marine sanitation device, or similar treatment works that receives only

domestic sewage. Domestic septage does not include liquid or solid material removed from a

septic tank, cesspool, or similar treatment works that receives either commercial wastewater or

industrial wastewater and does not include grease removed from grease trap at a restaurant.

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11. Domestic sewage means waste and wastewater from humans or household operations that is

discharged to or otherwise enters a treatment works.

12. Environmental Protection Agency (or EPA) means the U.S. Environmental Protection Agency.

13. Grab sample means an individual sample collected over a period of time not exceeding 15

minutes, unless more time is needed to collect an adequate sample, and is representative of the

discharge.

14. Industrial user means a nondomestic discharger, as identified in 40 CFR 403, introducing

pollutants to a publicly owned treatment works.

15. LEQA means the Louisiana Environmental Quality Act.

16. Loading is presented in the permit and reported in the DMR as the total amount of a pollutant

entering the facility or discharged in the effluent. It is calculated by knowing the amount of flow,

the concentration, and the density of water. Results should be rounded off and expressed with the

same number of significant figures as the permit limit. If the permit does not explicitly state how

many significant figures are associated with the permit limit, the permittee shall use two.

Loading (lbs/day) = Flow (in MGD) x Concentration (mg/L) x 8.34*

*8.34 is the unit conversion for the weight of water

17. Louisiana Pollutant Discharge Elimination System (LPDES) means those portions of the

Louisiana Environmental Quality Act and the Louisiana Water Control Law and all regulations

promulgated under their authority which are deemed equivalent to the National Pollutant

Discharge Elimination System (NPDES) under the Clean Water Act in accordance with Section

402 of the Clean Water Act and all applicable federal regulations.

18. Monthly Average discharge limitations (other than for bacteria indicators, such as fecal coliform

and enterococci) are calculated as the sum of all "daily discharge(s)" measured during a calendar

month divided by the number of "daily discharge(s)" measured during that month. When the

permit establishes monthly average concentration effluent limitations or conditions, and flow is

measured as continuous record or with a totalizer, the monthly average concentration means the

arithmetic average (weighted by flow) of all "daily discharge(s)" of concentration determined

during the calendar month where C = daily discharge concentration, F = daily flow and n =

number of daily samples; monthly average discharge =

+ C

+ ... + C

+ F

+ ... + F

When the permit establishes monthly average concentration effluent limitations or conditions,

and the flow is not measured as a continuous record, then the monthly average concentration

means the arithmetic average of all "daily discharge(s)" of concentration determined during the

calendar month.

The monthly average for bacteria indicators is the geometric mean of the values for all effluent

samples collected during a calendar month.

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19. National Pollutant Discharge Elimination System (NPDES) means the national program for

issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and

imposing and enforcing pretreatment requirements, under Sections 307, 318, 402, and 405 of the

Clean Water Act.

20. POTW means Publicly Owned Treatment Works.

21. Sanitary Wastewater Term(s):

a. 3-hour composite sample consists of three effluent portions collected no closer together than

one hour (with the first portion collected no earlier than 10:00 a.m.) over the 3-hour period

and composited according to flow, or a sample continuously collected in proportion to flow

over the 3-hour period.

b. 6-hour composite sample consists of six effluent portions collected no closer together than

one hour (with the first portion collected no earlier than 10:00 a.m.) over the 6-hour period

and composited according to flow, or a sample continuously collected in proportion to flow

over the 6-hour period.

c. 12-hour composite sample consists of 12 effluent portions collected no closer together than

one hour over the 12-hour period and composited according to flow, or a sample

continuously collected in proportion to flow over the 12-hour period. The daily sampling

intervals shall include the highest flow periods.

d. 24-hour composite sample consists of a minimum of 12 effluent portions collected at equal

time intervals over the 24-hour period and combined proportional to flow or a sample

continuously collected in proportion to flow over the 24-hour period.

22. Severe property damage means substantial physical damage to property, damage to the treatment

facilities that causes them to become inoperable, or substantial and permanent loss of natural

resources that can reasonably be expected to occur in the absence of a bypass. Severe property

damage does not mean economic loss caused by delays in production.

23. Sewage sludge means any solid, semisolid, or liquid residue removed during the treatment of

municipal wastewater or domestic sewage. Sewage sludge includes, but is not limited to, solids

removed during primary, secondary, or advanced wastewater treatment, scum, domestic septage,

portable toilet pumpings, Type III marine sanitation device pumpings (33 CFR Part 159), and

sewage sludge products. Sewage sludge does not include grit or screenings, or ash generated

during the incineration of sewage sludge.

24. Stormwater Runoff means aqueous surface runoff including any soluble or suspended material

mobilized by naturally occurring precipitation events.

25. Surface Water means all lakes, bays, rivers, streams, springs, ponds, impounding reservoirs,

wetlands, swamps, marshes, water sources, drainage systems and other surface water, natural or

artificial, public or private within the state or under its jurisdiction that are not part of a treatment

system allowed by state law, regulation, or permit.

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26. Treatment works means any devices and systems used in the storage, treatment, recycling and

reclamation of municipal sewage and industrial wastes of a liquid nature to implement Section

201 of the Clean Water Act, or necessary to recycle or reuse water at the most economical cost

over the estimated life of the works, including intercepting sewers, sewage collection systems,

pumping, power and other equipment, and their appurtenances, extension, improvement,

remodeling, additions, and alterations thereof. (See Part 212 of the Clean Water Act.)

27. For fecal coliform bacteria, a sample consists of one effluent grab portion collected during a 24-

hour period at peak loads.

28. The term MGD shall mean million gallons per day.

29. The term GPD shall mean gallons per day.

30. The term mg/L shall mean milligrams per liter or parts per million (ppm).

31. The term SPC shall mean Spill Prevention and Control. Plan covering the release of pollutants

as defined by the Louisiana Administrative Code (LAC 33:IX.Chapter 9).

32. The term SPCC shall mean Spill Prevention Control and Countermeasures Plan. Plan covering

the release of pollutants as defined in 40 CFR Part 112.

33. The term μg/L shall mean micrograms per liter or parts per billion (ppb).

34. The term ng/L shall mean nanograms per liter or parts per trillion (ppt).

35. Visible Sheen means a silvery or metallic sheen, gloss, or increased reflectivity; visual color; or

iridescence on the water surface.

36. Wastewater means liquid waste resulting from commercial, municipal, private, or industrial

processes. Wastewater includes, but is not limited to, cooling and condensing waters, sanitary

sewage, industrial waste, and contaminated rainwater runoff.

37. Waters of the State means for the purposes of the Louisiana Pollutant Discharge Elimination

system, all surface waters within the state of Louisiana and, on the coastline of Louisiana and the

Gulf of Mexico, all surface waters extending therefrom three miles into the Gulf of Mexico. For

purposes of the Louisiana Pollutant Discharge Elimination System, this includes all surface

waters which are subject to the ebb and flow of the tide, lakes, rivers, streams (including

intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows,

playa lakes, natural ponds, impoundments of waters within the state of Louisiana otherwise

defined as “waters of the United States” in 40 CFR 122.2, and tributaries of all such waters.

“Waters of the state” does not include waste treatment systems, including treatment ponds or

lagoons designed to meet the requirements of the Clean Water Act, 33 U.S.C. 1251 et seq.

38. Weekly average, other than for fecal coliform bacteria, is the highest allowable arithmetic mean

of the daily discharges over a calendar week, calculated as the sum of all “daily discharge(s)”

measured during a calendar week divided by the number of “daily discharge(s)” measured during

that week. When the permit establishes weekly average concentration effluent limitations or

conditions, and flow is measured as continuous record or with a totalizer, the weekly average

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concentration means the arithmetic average (weighted by flow) of all "daily discharge(s)" of

concentration determined during the calendar week where C = daily discharge concentration, F =

daily flow and n = number of daily samples; weekly average discharge

+ C

+ ... + C

+ F

+ ... + F

When the permit establishes weekly average concentration effluent limitations or conditions, and

the flow is not measured as a continuous record, then the weekly average concentration means

the arithmetic average of all "daily discharge(s)" of concentration determined during the calendar

week.

The weekly average for fecal coliform bacteria is the geometric mean of the values for all

effluent samples collected during a calendar week.

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Part VI. REOPENER CLAUSE

If there is evidence indicating that the discharges authorized by this permit cause or have the

reasonable potential to cause or contribute to a violation of a water quality standard, the discharger

may be required to obtain an individual permit or an alternative general permit, or the permit may be

modified to include different requirements and/or limitations.

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Part VII. ADDITIONAL DEFINITIONS

Alternative permit - either an individual permit or a different general permit.

Arid Areas – areas with an average annual rainfall of 0 to 10 inches.

Best Management Practices (BMPs) - schedules of activities, prohibitions of practices,

maintenance procedures, and other management practices to prevent or reduce the discharge of

pollutants to Waters of the State. BMPs also include treatment requirements, operating procedures,

and practices to control construction site runoff, spillage or leaks, sludge or waste disposal, or

drainage from raw material storage. (https://www.epa.gov/npdes/national-menu-best-management-

practices-bmps-stormwater)

Control Measure - as used in this permit, refers to any BMP or other method used to prevent or

reduce the discharge of pollutants to Waters of the State.

Commencement of Construction Activities - the initial disturbance of soils associated with

clearing, grading, or excavating activities, as well as, support activities related to a construction site.

Common Plan of Development - a contiguous (sharing a boundary or edge; adjacent; touching) area

where multiple separate and distinct construction activities may occur at different times at different

schedules under one plan. Such a plan might consist of small projects (e.g., a common plan of

development for a commercial development may include lots that the developer plans to build or sell

to others for development.). All these areas would remain part of the common plan of development

or sale. The following examples can be used as guidance for deciding what might or might not be

considered a “Common Plan of Development or Sale:”

Coverage under this permit is required if a project is part of a common plan of development

or sale that collectively will disturb one acre but less than five acres (e.g., construction of a

fast food restaurant on a ¾ acre pad that is part of a 3 acre retail center requires permit

coverage).

If a small portion of the original common plan of development remains undeveloped and

there has been a period of time in which there has been no occurrence of on-going

construction activities (i.e., all areas are either undisturbed or have been finally stabilized),

then the remaining acreage of the original common plan of development may be re-

evaluated. If one acre but less than five acres of the original common plan of development

remains for construction, the project would require coverage under this permit. No permit

would be required for the project if less than one acre of the original common plan remained.

A public entity (a municipality, state or federal agency) need not consider all construction

projects within its entire jurisdiction part of an overall common plan of development. Only

the interconnected parts of a project would be considered a common plan of development.

Discharge of Storm Water Associated with Construction Activity – as used in this permit, refers

to storm water “point source” discharges from areas where soil-disturbing activities (e.g., clearing,

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grading, or excavation, stockpiling of fill material, and demolition), construction materials or

equipment storage, maintenance (e.g., fill piles, fueling, borrow area, etc.), or defined dedicated

construction support activities are located.

Drought-stricken Area – for the purposes of this permit, an area in which the National Oceanic and

Atmospheric Administration’s U.S. Seasonal Drought Outlook indicates for the period during which

the construction will occur that any of the following conditions are likely: (1) “Drought to persist or

intensify”, (2) “Drought on-going, some improvement”, (3) “Drought likely to improve, impacts

ease”, or (4) “Drought development likely”.

See http://www.cpc.ncep.noaa.gov/products/expert_assessment/season_drought.gif.

“Facility” means a pollution source, or any public or private property or site and all contiguous land

and structures, other appurtenances and improvements, where any activity is conducted which

discharges or may result in the discharge of pollutants into waters of the state.

Final Stabilization means that:

(i) all soil-disturbing activities at the site have been completed, and that a uniform (e.g.,

evenly distributed, without large bare areas) perennial vegetative cover with a density

of 70% of the native background vegetative cover for the area has been established on

all unpaved areas and areas not covered by permanent structures, or equivalent

permanent stabilization measures (such as the use of riprap, gabions, or geo-textiles)

have been employed. Establishing at least 70% of the natural cover of self-sustaining

native vegetation meets the vegetative cover criteria for final stabilization. For

example, if the native vegetation covers 50% of the ground prior to commencement of

construction activities, 70% of 50% would require 35% total cover for final

stabilization.

A site does not meet the final stabilization permit requirement until self-sustaining

native vegetation is established uniformly over each disturbed area on the site.

Stabilizing seven of ten slopes or leaving an area equivalent to 30 percent of the

disturbed area completely unstabilized will not satisfy the uniform vegetative cover

standard.

(ii) In arid and semi-arid areas only all soil-disturbing activities at the site have been

completed and both of the following criteria have been met:

a. Temporary erosion control measures (e.g., degradable rolled erosion control

product) are selected, designed, and installed along with an appropriate seed base

to provide erosion control for at least three years without active maintenance by

the operator.

b. The temporary erosion control measures are selected, designed, and installed to

achieve 70 percent vegetative coverage within three years.

(iii) For individual lots in residential construction, final stabilization means that either:

a. The homebuilder has completed final stabilization as specified above, or

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b. The homebuilder has established temporary stabilization including perimeter

controls for an individual lot prior to occupation of the home by the homeowner

and informing the homeowner of the need for, and benefits of, final stabilization.

(iv) For construction activities on land used for agricultural purposes (e.g. pipelines across

crop or range land, staging areas for highway construction, etc.), final stabilization may

be accomplished by returning the disturbed land to its pre-construction agricultural

use. Areas disturbed that were not previously used for agricultural activities, such as

buffer stripes immediately adjacent to “Waters of the State” and areas which are not

being returned to their pre-construction agricultural use must meet the final

stabilization criteria (i) or (ii) or (iii) above.

Infeasible - not technologically possible, or not economically practicable and achievable in light of

best industry practices.

Municipal Separate Storm Sewer System (MS4) - refers to a publicly-owned conveyance or

system of conveyances (including roads with drainage systems, municipal streets, catch basins,

curbs, gutters, ditches, man-made channels, or storm drains) that discharges to waters of the U.S. and

is designed or used for collecting or conveying storm water, is not a combined sewer, and is not part

of a publicly-owned treatment works (POTW). See LAC 33:IX.2511.B.4, B.7, and B.16 or 40 CFR

122.26(b)(4), (b)(7), and (b)(16).

Natural Buffer - as used in this permit, an area of undisturbed natural cover surrounding surface

waters. Natural cover includes vegetation, exposed rock, or barren ground that exists prior to

commencement of construction activities at the site.

New Source - any building, structure, facility, or installation from which there is or may be

discharge of pollutants, the construction of which commenced:

a. after promulgation of standards of performance under Section 306 of the CWA which are

applicable to such source; or

b. after proposal of standards of performance in accordance with Section 306 of the CWA which

are applicable to such source, but only if the standards are promulgated in accordance with

Section 306 within 120 days of ther proposal.

Non-turbid - for the purposes of this permit, means that the discharge does not cause or contribute

to an exceedance of turbidity-related water quality standards.

Operator - any party associated with the construction project that meets either of the following two

criteria: (1) the party has operational control over project plans and specifications (including the

ability to make modifications in those specifications), or (2) the party has day-to-day operational

control of those activities at a project site which are necessary to ensure compliance with the SWPPP

or other permit conditions (e.g., they are authorized to direct workers at the site to carry out

activities identified in the SWPPP or comply with other permit conditions).

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Permittee - an operator with permit authorization to discharge storm water associated with

construction activity in Louisiana under the terms and conditions of this permit.

Person - an individual, association, partnership, corporation, municipality, state or federal agency, or

any agency thereof, or an agent or employee thereof.

Point Source - any discernible, confined, and discrete conveyance, including but not limited to, any

pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated

animal feeding operation, landfill leachate collection system, vessel, or other floating craft from

which pollutants are, or may be, discharged. This term does not include return flows from irrigated

agriculture or agricultural storm water runoff.

Process Wastewater - any water that, during manufacturing or processing, comes into direct contact

with or results from the production or use of any raw material, intermediate product, finished

product, byproduct, or waste product. Process wastewater may include interior or exterior washing

of plant trucks or product receptacles.

Qualified Personnel - a person knowledgeable in the principles and practice of erosion and

sediment controls who possesses the skills to assess conditions at the construction site that could

impact storm water quality and to assess the effectiveness of any sediment and erosion control

measures selected to control the quality of storm water discharges from the construction activity.

Runoff Coefficient - the fraction of total rainfall that will leave the site as runoff.

Semi-Arid Areas – areas with an average annual rainfall of 10 to 20 inches.

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 and/or off-site construction

support activities.

State Administrative Authority - the Secretary of the Department of Environmental Quality or his

designee, or the appropriate assistant secretary or his designee.

Storm Water Associated with Industrial Activity - defined at LAC 33:IX.2511.B.14 and

incorporated here by reference.

Storm Water Discharge Associated with Small Construction Activity - defined at LAC

33:IX.2511.B.15. This includes discharges of storm water from construction activities including

clearing, grading, excavating, and support activities related to a construction site that result in land

disturbance of equal to or greater than one acre and less than five acres. Small construction activity

also includes the disturbance of less than one acre of total land area that is part of a larger common

plan of development or sale, if the larger common plan will ultimately disturb equal to or greater

than one or less than five acres. Small construction activity does not include routine maintenance

that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of

the facility.

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Support Activities Related to Construction Sites - includes, but is not limited to, equipment

staging yards, material storage areas, excavated material disposal areas, borrow areas, material

stockpiles, and placement of raw material. Support activities related to the operation of concrete or

asphalt batch plants located at a construction site are not authorized by this permit.

Total Suspended Solids (TSS) - the amount of solid material suspended in water commonly

expressed as a concentration in terms of mg/L.

Uncontaminated - for the purposes of this permit, means that the discharge does not cause or

contribute to an exceedance of applicable water quality standards.

ADDENDUM A

ENDANGERED SPECIES GUIDANCE

SMALL CONSTRUCTION GENERAL PERMIT

I. INSTRUCTIONS

A list of endangered and threatened species that the US Fish and Wildlife Service (FWS) has

determined may be affected by the activities covered by the Construction General Permit is available

in the Fish and Wildlife Service Memorandum of Understanding (MOU) letter at

http://deq.louisiana.gov/page/lpdes.

The species listing by parish is found using the link labeled

https://www.fws.gov/sites/default/files/documents/louisiana-ecological-services-field-office-t-and-e-

species_0.pdf. In order to be eligible for coverage under this permit, operators must:

• Determine whether any species listed in this Guidance or critical habitat are in proximity to

the facility, and

• Pursuant to Permit Part II.D, follow the procedures found in this Guidance to protect listed

endangered and threatened species and designated critical habitat and determine that the storm

water discharges and BMPs to control storm water runoff covered under this permit meet one

or more of the eligibility criteria requirements of Part II.D. Signature and submittal of the

Small Construction Activity Completion Report (SCACR) is deemed to constitute the

operator's compliance with eligibility requirements for permit coverage.

To determine permit eligibility and to avoid unauthorized impacts upon listed threatened or

endangered species or on the critical habitat for those species, the operator must follow this

Guidance’s Steps 1 through 4 (and 5 if applicable) when developing the SWPPP.

NOTE: At any step in the determination, operators may contact the FWS for guidance. That

request should be in writing and should include a description of the facility and a topographic

map depicting the locations of the facility, the proposed construction activities, and the

associated storm water discharges.

U.S. Fish and Wildlife Service

Louisiana Ecological Services

200 Dulles Drive

Lafayette, LA 70506

(337) 291-3100

lafay[email protected]

STEP 1: DETERMINE IF THE CONSTRUCTION SITE OR ASSOCIATED STORM

WATER DISCHARGES ARE WITHIN THE VICINITY OF FEDERALLY-

LISTED THREATENED OR ENDANGERED SPECIES, OR THEIR

DESIGNATED CRITICAL HABITAT.

If either the proposed site or the path of storm water from the site to the receiving stream is in a

parish included on the Endangered Species List, the operator should proceed to Step 2 below. If,

however, neither is located in a listed parish, then the operator should proceed directly to Step 5.

If no species are listed in the site’s parish or if a facility’s parish is not found on the list, the

applicant is eligible for permit coverage. Where a project is located in more than one parish, the

lists for all parishes shall be reviewed.

STEP 2: DETERMINE IF ANY SPECIES MAY BE FOUND "IN PROXIMITY" TO

THE CONSTRUCTION ACTIVITY'S STORM WATER DISCHARGES:

A species is in proximity to a construction activity's storm water discharge when the species

is:

• Located in the path or immediate area through which or over which contaminated point source

storm water flows from construction activities to the point of discharge into the receiving

water; or

• Located in the immediate vicinity of, or nearby, the point of discharge into receiving

waters; or

• Located in the area of a site where storm water BMPs are planned or are to be constructed.

The area in proximity to be searched/surveyed for listed species will vary with the size and

structure of the construction activity, the nature and quantity of the storm water discharges, and

the type of receiving waters. Given the number of construction activities potentially covered by

the permit, no specific method to determine whether species are in proximity is required for

permit coverage. Instead, operators should use the method or methods which best allow them to

determine to the best of their knowledge whether species are in proximity to their particular

construction activities. These methods may include:

• Conducting visual inspections: This method may be particularly suitable for construction

sites that are smaller in size or located in non-natural settings such as highly urbanized areas

or industrial parks where there is little or no natural habitat, or for construction activities that

discharge directly into municipal storm water collection systems.

• Contacting the nearest State or Tribal Wildlife Agency or U.S. Fish and Wildlife Service

(FWS) offices. Many endangered and threatened species are found in well-defined areas or

habitats. That information is frequently known to State, Tribal, or Federal wildlife agencies.

• Contacting local/regional conservation groups. These groups inventory species and their

locations and maintain lists of sightings and habitats.

• Conducting a formal biological survey. Larger construction sites with extensive storm water

discharges may choose to conduct biological surveys as the most effective way to assess

whether species are located in proximity and whether there are likely adverse effects.

• Conducting an Environmental Assessment Under the National Environmental Policy Act

(NEPA). Some construction activities may require environmental assessments under the

NEPA. Such assessments may indicate if listed species are in proximity. (Construction

General Permit coverage does not trigger the NEPA because it does not regulate any

dischargers subject to New Source Performance Standards under Section 306 of the Clean

Water Act. See CWA 511(c). However, some construction activities might require review

under the NEPA because of federal funding or other federal nexus.)

• Using the ESA and MBTA project review application at the FWS Louisiana Ecological

Services website (https://www.fws.gov/office/louisiana-ecological-services).

If no species are in proximity and there is no likelihood of any BMPs to control storm water

causing adverse effects on species identified in in this addendum, an operator is eligible for

Construction General Permit coverage based upon this Criterion A.

If adverse effects are determined to be unlikely, then the operator is eligible for permit coverage

If listed species are found in proximity to a facility, operators must indicate the location and

nature of this presence in the storm water pollution prevention plan (SWPPP) and follow Step 3.

STEP 3: DETERMINE IF SPECIES OR CRITICAL HABITAT COULD BE

ADVERSELY AFFECTED BY THE CONSTRUCTION ACTIVITY'S STORM

WATER DISCHARGES OR BY BMPs TO CONTROL THOSE

DISCHARGES.

Scope of Adverse Effects: Potential adverse effects from storm water include:

• Hydrological. Storm water may cause siltation, sedimentation or induce other changes in the

receiving waters such as temperature, salinity or pH. These effects will vary with the amount

of storm water discharged and the volume and condition of the receiving water. Where a

storm water discharge constitutes a minute portion of the total volume of the receiving water,

adverse hydrological effects are less likely.

• Habitat. Storm water may drain or inundate listed species habitat.

• Toxicity. In some cases, pollutants in storm water may have toxic effects on listed

species.

The scope of effects to consider will vary with each site. Operators must also consider the

likelihood of adverse effects on species from any BMPs to control storm water. Most adverse

impacts from BMPs are likely to occur from the construction activities. However, it is possible

that the operation of some BMPs (for example, larger storm water retention ponds) may affect

endangered and threatened species.

If adverse effects are determined to be unlikely, then the operator is eligible for permit coverage

If adverse effects are likely, operators should follow Step 4 below.

STEP 4: DETERMINE IF MEASURES CAN BE IMPLEMENTED TO AVOID ANY

ADVERSE EFFECTS:

If it is determined that adverse effects cannot be excluded or are likely, the operator can receive

coverage if appropriate measures are undertaken to avoid or eliminate any actual or potential

adverse effects prior to applying for permit coverage. These measures may involve relatively

simple changes to construction activities such as re-routing a storm water discharge to bypass an

area where species are located, relocating BMPs, or limiting the size of construction activity that

will be subject to storm water discharge controls.

At this stage, operators must contact the FWS [or the National Marine Fisheries Service (NMFS)

if referred to that Service by the FWS] to see what appropriate measures might be suitable to

avoid or eliminate adverse impacts to listed species and/or critical habitat. This can entail the

initiation of informal coordination with the FWS (and/or the NMFS, if appropriate) which is

described in more detail in Step 5.

If operators adopt measures to avoid or eliminate adverse effects, they must continue to abide by

them during the course of permit coverage. These measures must be described in the SWPPP

and may be enforceable as permit conditions.

If appropriate measures to avoid the likelihood of adverse effects are not available, then the

operator must follow Step 5.

STEP 5: CONSULTATION WITH FWS TO DETERMINE IF THE ELIGIBILITY

REQUIREMENTS CAN BE MET.

Where adverse effects are likely, the operator must contact the FWS. The operator may still be

eligible for permit coverage if any likelihood of adverse effects is addressed by meeting at least

one of the following criteria, as required by Permit Part II.1, if:

• Criterion B. The operator's activity has received previous authorization through an earlier

Section 7 consultation or issuance of a ESA Section 10 permit (incidental taking permit) and

that authorization addressed storm water discharges and/or BMPs to control storm water

runoff (e.g., developer included impact of entire project in consultation over a wetlands dredge

and fill permit under Section 7 of the ESA).

• Criterion C. The operator's activity was previously considered part of a larger, more

comprehensive assessment of impacts on endangered and threatened species and/or critical

habitat, under Section 7 or Section 10 of the ESA, which accounts for storm water discharges

and BMPs to control storm water runoff (e.g., where an area-wide habitat conservation plan

and the ESA’s Section 10 permit is issued which addresses impacts from construction

activities, including those from storm water, or a NEPA review is conducted which

incorporates the ESA Section 7 procedures).

Criterion D. Consultation with the USFWS (or NMFS, if appropriate) for the operator's

storm water discharges and BMPs to control storm water runoff results in either: 1)

FWS/NMFS written concurrence with a finding of no likelihood of adverse effects (see 50

CFR 402.13) or 2) issuance of a biological opinion in which USFWS (or NMFS) finds that the

action is not likely to jeopardize the continued existence of listed endangered or threatened

species or result in the adverse modification or destruction of critical habitat [see 50 CFR

403.14(h)].

Any terms and conditions developed through consultations to protect listed species and critical

habitat must be incorporated into the SWPPP. As noted above, operators must initiate

consultation during Step 4 (upon becoming aware that endangered and threatened species are in

proximity to the facility).

Criterion E. The operator's activity was considered part of a larger, more comprehensive

site-specific assessment of impacts on endangered and threatened species by the owner or

other operator of the site when it developed a SWPPP and that permittee met the eligibility

requirements stated in Criterion A, B, C, or D [e.g., owner was able to determine there would

be no adverse impacts for the project as a whole under Criterion A, so contractor meets the

eligibility requirements stated Criterion D]. Utility companies applying for area-wide permit

coverage meet the eligibility requirements stated in Criterion D since authorization to

discharge is contingent on a principal operator of a construction project having been granted

coverage under this or an alternative LPDES permit for the areas of the site where utilities

installation activities will occur.

The determination of eligibility of Criteria B - D shall be documented in the facility's SWPPP,

and copies of all applicable documents, such as the FWS approval letters, shall be retained with

the SWPPP. The operator must comply with any terms and conditions imposed under the all

eligibility criteria requirements to ensure that storm water discharges or BMPs used to control

storm water runoff are protective of listed endangered and threatened species and/or critical

habitat. Such terms and conditions must be incorporated in the operator’s SWPPP.

If the eligibility requirements of Criteria A - D cannot be met, then the operator may not

receive coverage under this permit and should consider applying to the LDEQ for an

individual permit.

This permit does not authorize any “taking” (as defined under Section 9 of the ESA) of endangered

or threatened species unless such takes are authorized under Section 7 or 10 the ESA. Operators who

believe their construction activities may result in takes of listed endangered and threatened species

should be sure to get the necessary coverage for such takes through an individual consultation or

Section 10 permit of the ESA.

This permit does not authorize any storm water discharges or BMPs to control storm water runoff

that are likely to jeopardize the continued existence of any species that are listed as endangered or

threatened under the ESA or result in the adverse modification or destruction of designated critical

habitat.

II. ENDANGERED SPECIES PARISH LIST

See: https://www.fws.gov/project/louisiana-ecological-services-endangered-species. Click on

“Download a List of Threatened and Endangered Species by Parish in Louisiana”, then click on

the PDF of “louisiana-ecological-services-field-office-t-and-e-species_0.pdf ”. Additionally for a

list of migratory bird species protected by the Migratory Bird Treaty Act (MBTA), See:

https://www.fws.gov/media/list-birds-protected-migratory-bird-treaty-act-2020.

ADDENDUM B

COMPLETION REPORT

STATE OF LOUISIANA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Office of Environmental Services, Permits Division

Post Office Box 4313

Baton Rouge, Louisiana 70821-4313

PHONE#: (225) 219-3590

SMALL CONSTRUCTION ACTIVITY COMPLETION REPORT (SCACR) LAR200000

(To be submitted within SIXTY (60) DAYS after COMPLETION of covered activities.)

I. OPERATOR INFORMATION

Name: ________________________________________________________________

Mail Address: __________________________________________________________

City: _________________________________________________________________

State: _____________________________ Zip Code: ________________________

Phone: ____________________________ DEQ AI# (if known): _______________

II. FACILITY/SITE INFORMATION

Name of Project: ______________________________________________________________

Location of Project: ____________________________________________________________

City: _______________________________ State: _________ Zip Code: ____________

Parish: _______________________________________

Name of Receiving Water: ________________________________________

Total Area of Land Disturbance (in acres): ___________________________

Construction Start Date: __________________________________________

Construction Completion/Site Stabilization Date: ______________________

List existing or prior water discharge permits for the location: ___________________________

III. CERTIFICATION

I certify under penalty of law that project activities were completed in accordance with the

requirements of the Clean Water Act and the Louisiana Environmental Quality Act, and specifically

in accordance with the LPDES Small Construction General Permit, LAR200000, under which the

storm water discharges related to the construction were authorized. I understand that submittal of

this Report does not release an Operator from liability for any violation of the permit or the Act. I

further certify that the information submitted is, to the best of my knowledge and belief, true,

accurate, and complete and that there are significant penalties for submitting false information,

including the possibility of fine and imprisonment for knowing violations.

Print Name: ___________________________________ Date: ____________________

Signature: ______________________________________________

Email Address: _____________________________________________

ADDENDUM C

HISTORIC PRESERVATION

HISTORIC PROPERTIES GUIDANCE

Operators must determine whether their facility's storm water discharge or the construction of best

management practices (BMPs) to control such discharge, have potential to affect a property that is

either listed or eligible for listing on the National Register of Historic Places.

For existing dischargers who do not need to construct BMPs for permit coverage, a simple visual

inspection may be sufficient to determine whether historic properties are affected. However, for

facilities that are new storm water dischargers and for existing facilities that are planning to

construct BMPs for permit eligibility, operators should conduct further inquiry to determine

whether historic properties may be affected by the storm water discharge or BMPs to control the

discharge. In such instances, operators should first determine whether there are any historic

properties or places in the vicinity that are listed on the National Register or if any are eligible for

listing on the register (e.g., they are ''eligible for listing'').

Due to the large number of entities seeking coverage under this permit and the limited number of

personnel available to the State Historic Preservation Officer (SHPO) to respond to inquiries

concerning the location of historic properties, it is suggested that operators first access the ''National

address listed in this Guidance. The address of the Louisiana State Historic Preservation Officer

(LSHPO) is also listed in this Guidance. Operators may also contact city, parish, or other local

historical societies for assistance, especially when determining if a place or property is eligible for

listing on the register.

As referenced in Part II.C of the permit, operators must meet one the following criteria to be eligible

for coverage under this permit:

(1) If historic properties are not identified in the path of a facility's industrial storm water

discharge or where construction activities are planned to install BMPs to control such

discharges (e.g., diversion channels or retention ponds), or

if historic properties are identified but it is determined that they will not be affected by the

discharge or construction of BMPs to control the discharge,

then the operator has met the permit eligibility criteria.

(2) If historic properties are identified in the path of a facility's storm water discharge or

where construction activities are planned for the installation of BMPs to control such

discharges and it is determined that there is the potential to adversely affect the property,

the operator can still meet the permit eligibility criteria if he/she obtains and complies with a

written agreement with the SHPO, which outlines measures that the operator will follow to

mitigate or prevent those adverse effects. The contents of such a written agreement must be

included in the facility's storm water pollution prevention plan (SWPPP).

In situations where an agreement cannot be reached between an operator and the SHPO, the

operator should contact the Advisory Council on Historic Preservation (ACHP) listed below in

this addendum for assistance.

The term “adverse effects'' includes, but is not limited to, damage, deterioration, alteration, or

destruction of the historic property or place. The LDEQ encourages operators to contact the

appropriate State or Tribal Historic Preservation Officer as soon as possible in the event of a

potential adverse effect to a historic property.

Operators are reminded that they must comply with all applicable State, Tribal, and local laws

concerning the protection of historic properties and places.

I. Internet Information on the National Register of Historic Places

An electronic listing of the “National Register of Historic Places,'' as maintained by the National

Park Service on its National Register of Historic Places Program (NRHP), can be accessed on

the Internet at https://www.nps.gov/subjects/nationalregister/index.htm.

II. Louisiana State Historic Preservation Officer (LSHPO)

Louisiana, SHPO, Office of Cultural Development, P.O. Box 44247, Baton Rouge, LA 70804-

4247. For questions, contact the Section 106 Review Coordinator, Telephone: (225) 342-8170.

III. Advisory Council on Historic Preservation

Advisory Council on Historic Preservation, 401 F Street NW, Suite 308, Washington, DC

20001-2637, Telephone: (202) 517-0200, Email: achp@achp.gov; Web site:

https://www.achp.gov/.

ADDENDUM D

LIST OF ADDRESSES FOR LDEQ OFFICES

CURRENT ADDRESSES

Enforcement Division

Office of Environmental Compliance

Department of Environmental Quality

P. O. Box 4312

Baton Rouge, Louisiana 70821-4312

Telephone: (225) 219-3715

Mailing Addresses For Regional Offices

Acadiana Regional Office

Surveillance Division

Office of Environmental Compliance

111 New Center Drive

Lafayette, Louisiana 70508

(337) 262-5584

Capital Regional Office

Surveillance Division

Office of Environmental Compliance

P.O. Box 4312

Baton Rouge, Louisiana 70821-4312

(225) 219-3600

Northeast Regional Office

Surveillance Division

Office of Environmental Compliance

508 Downing Pines Road

West Monroe, Louisiana 71292

(318) 362-5439

Northwest Regional Office

Surveillance Division

Office of Environmental Compliance

1525 Fairfield Avenue, Room 520

Shreveport, Louisiana 71130

(318) 676-7476

Southeast Regional Office

Surveillance Division

Office of Environmental Compliance

201 Evans Road, Bldg. 4, Suite 420

New Orleans, LA 70123-5230

(504) 736-7701

Southwest Regional Office

Surveillance Division

Office of Environmental Compliance

1301 Gadwall Street

Lake Charles, Louisiana 70615-5176

(337) 491-2667

Jurisdictional Parishes For Each Regional Office

Acadia, Avoyelles, Catahoula, Concordia,

Evangeline, Grant, Iberia, Lafayette, LaSalle,

Rapides, St. Landry, St. Mary, Vermilion

Ascension, Assumption, East Baton Rouge, East

Feliciana, Iberville, Livingston, Pointe Coupee,

St. Helena, St. James, St. Martin, Tangipahoa,

West Baton Rouge, West Feliciana

Caldwell, East Carroll, Franklin, Jackson, Lincoln,

Madison, Morehouse, Ouachita, Richland, Tensas,

Union, West Carroll, Winn

Bienville, Bossier, Caddo, Claiborne, DeSoto,

Natchitoches, Red River, Sabine, Webster

Jefferson, Lafourche, Orleans, Plaquemines,

St. Bernard, St. Charles, St. John the Baptist,

St. Tammany, Terrebonne, Washington

Allen, Beauregard, Calcasieu, Cameron, Jefferson

Davis, Vernon

ADDENDUM E

DESIGNATED OUTSTANDING NATURAL RESOURCE WATERS

AND SCENIC STREAMS

DESIGNATED AS OUTSTANDING NATURAL RESOURCE

WATERS AND SCENIC STREAMS

ATCHAFALAYA RIVER BASIN: None

BARATARIA BASIN:

Bayou Des Allemands – from Lac Des Allemands to old US Highway 90

Bayou Des Allemands – from Highway 90 to Lake Salvador

CALCASIEU RIVER BASIN:

Calcasieu River – from LA Highway 8 to the Rapides/Allen Parish line

Calcasieu River – from Rapides-Allen Parish line to Marsh Bayou

Calcasieu River – from Marsh Bayou to saltwater barrier

Whiskey Chitto Creek – from the southern boundary of Fort Polk Military Reservation to the

Calcasieu River

Six Mile Creek – East and West Forks from the southern boundary of Fort Polk Military

Reservation to Whiskey Chitto Creek

Ten Mile Creek – from headwaters to Whiskey Chitto Creek

LAKE PONTCHARTRAIN BASIN:

Comite River – from Wilson-Clinton Highway to entrance of White Bayou

Amite River – from Mississippi State Line to LA Highway 37

Blind River – from the Amite River Diversion Canal to the mouth at Lake Maurepas

Blind River – from headwaters to Amite River Diversion Canal

Tickfaw River – from the Mississippi State Line to LA Highway 42

Tangipahoa River – from the Mississippi State Line to I-12

Chappepeela Creek – from Louisiana Highway 1062 to Tangipahoa River

Tchefuncte River – From headwaters to US Highway 190; includes tributaries

Tchefuncte River – From US Highway 190 to Bogue Falaya River; includes tributaries

Tchefuncte River – From Bogue Falaya River to La. Highway 22

Bogue Falaya River – from headwaters to Tchefuncte River

Bayou Lacombe – from headwaters to Interstate Highway 12

Bayou Lacombe – from CDM Ecoregion boundary to Lake Pontchartrain

Bayou Lacombe – from Interstate Highway 12 to US Highway 190

Bayou Lacombe – from US Highway 190 to CDM Ecoregion boundary

Bayou Cane – from the headwaters to U.S. Highway 190

Bayou Cane – from CDM Ecoregion boundary to Lake Pontchartrain

Bayou Labranche – from headwaters to Lake Pontchartrain

Bayou Trepagnier – from Norco to Bayou Labranche

Bayou St. John

Bayou Chaperon

Bashman Bayou – from headwaters to Bayou Dupre

Bayou Dupre – from Lake Borgne Canal to Terre Beau Bayou

Lake Borgne Canal – from the Mississippi River siphon at Violet to Bayou Dupre; also

called Violet Canal

Pirogue Bayou – from Bayou Dupre to New Canal

Terre Beau Bayou – from Bayou Dupre to New Canal

Bayou Bienvenue – from Bayou Villere to Lake Borgne

MERMENTAU RIVER BASIN: None

VERMILION-TECHE RIVER BASIN:

Spring Creek – from headwaters to Cocodrie Lake

Bayou Cocodrie – from U.S. Highway 167 to the Bayou Boeuf-Cocodrie Diversion Canal

MISSISSIPPI RIVER BASIN: None

OUACHITA RIVER BASIN:

Bayou Bartholomew – from Arkansas State Line to Ouachita River; also known as Bayou

Desiard and Lake Bartholomew

Bayou de L’Outre – from the Arkansas State Line to the Ouachita River

Bayou D’Arbonne – from Bayou D’Arbonne Lake to the Ouachita River

Corney Bayou – from the Arkansas State Line to Corney Lake

Corney Bayou – from Corney Lake to Bayou D’Arbonne Lake

Middle Fork of Bayou D’Arbonne – from headwaters to Bayou D’Arbonne Lake

Little River – From Castor Creek-Dugdemona River confluence to Bear Creek

Little River – from Bear Creek to Catahoula Lake

Fish Creek – from headwaters to Little River

Trout Creek – from headwaters to Little River

Big Creek – from the headwaters to Little River

Georgetown Reservoir

PEARL RIVER BASIN:

Holmes Bayou – from Pearl River to West Pearl River

West Pearl River – from headwaters to Holmes Bayou

West Pearl River – from Holmes Bayou to The Rigolets (includes the east and west mouths)

Morgan River – from Porters River to West Pearl River

Wilson Slough and Bradley Slough – from Pearl River to West Pearl River

Pushepatapa Creek – from headwaters and tributaries at Mississippi State Line to Pearl River

flood plain

Bogue Chitto River – from Mississippi State Line to Pearl River Navigation Canal

RED RIVER BASIN:

Bayou Dorcheat – from Arkansas State Line to Lake Bistineau

Black Lake Bayou – from one mile north of Leatherman Creek to Black Lake

Saline Bayou – from headwaters near Arcadia to Saline Lake

Kisatchie Bayou – from its Kisatchie National Forest to Old River

Saline Bayou – from Larto Lake to Saline Lake

Bayou Cocodrie – from Little Cross Bayou to Wild Cow Bayou

SABINE RIVER BASIN:

Pearl Creek – from headwaters to Sabine River

TERREBONNE BASIN:

Bayou Penchant – from Bayou Chene to Lake Penchant