La. Admin. Code tit. 33 § IX-2705
Current through Register Vol. 50, No. 9, September 20, 2024
Section IX-2705 - Establishing Permit ConditionsA. In addition to conditions required in all permits (LAC 33:IX., 2701, and 2703), the state administrative authority shall establish conditions, as required on a case-by-case basis, to provide for and assure compliance with all applicable requirements of the CWA and regulations. These shall include conditions under LAC 33:IX.2711 (duration of permits), LAC 33:IX.2713.A (schedules of compliance), LAC 33:IX.2715 (monitoring), LAC 33:IX.2713.B (alternate schedules of compliance) and for EPA permits only 40 CFR 122.49 (considerations under federal law).B.1. For a state issued permit, an applicable requirement is a state statutory or regulatory requirement that takes effect prior to final administrative disposition of a permit. For a permit issued by EPA, an applicable requirement is a statutory or regulatory requirement (including any interim final regulation) that takes effect prior to the issuance of the permit. LAC 33:IX.3121 for the state and 40 CFR 124.14 for EPA (reopening of comment period) provides a means for reopening permit proceedings at the discretion of the state administrative authority when new requirements become effective during the permitting process and are of sufficient magnitude to make additional proceedings desirable. For state-administered and EPA-administered programs, an applicable requirement is also any requirement that takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in LAC 33:IX.2903.2. New or reissued permits, and to the extent allowed under LAC 33:IX.2903 modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in LAC 33:IX.2707 and 2709.C. Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.La. Admin. Code tit. 33, § IX-2705
Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 28:469 (March 2002), repromulgated LR 30:230 (February 2004).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)