Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part IX - Water Quality
Subpart 1 - Water Pollution Control
Chapter 11 - Surface Water Quality Standards
Section IX-1119 - Implementation Plan for Antidegradation Policy

1. As stated in LAC 33:IX.1109.A of these regulations, the antidegradation policy provides a legal framework for the basic maintenance and protection of all designated water uses. It also outlines methods that the state uses to protect state waters from water quality degradation and some of the state and federal rules and regulations that authorize them.

2. This Section explains the specific procedures used by the department as the state's designated water quality management agency to implement the Antidegradation Policy.

1. Procedures and methods by which the antidegradation policy is implemented are described in this Section. Additional implementation procedures may be incorporated into the water quality management plan after appropriate public participation and intergovernmental coordination.

2. WQM is a step-by-step process which involves several interrelated programs that establish controls on the discharge of pollutants and maintain existing water quality, thereby protecting state waters from degradation. That process is summarized below

1. If either the criteria or uses cannot be attained, then a use attainability analysis will be conducted.

2. If a new or increased activity will impact water quality by either a point or nonpoint source discharge of pollutants, the state shall ensure that the activity will not impair the existing uses. If water quality will be degraded, the state shall ensure that an analysis consistent with the antidegradation policy is completed, and the intergovernmental coordination and public participation provisions of the state's continuing planning process are met. In the case of state or federal wastewater discharge permits, intergovernmental coordination and public participation may be accomplished through public notice of the permit. As with any permitted discharge to a water body not designated as an outstanding natural resource water, some change in existing water quality may occur; however, existing uses shall be maintained.

3. If a new or increased wastewater discharge or activity is proposed for an outstanding natural resource water body, the administrative authority shall not approve that discharge or activity if it will cause degradation, as defined in LAC 33:IX.1105, of the water body. A facility identified by the administrative authority as having an unpermitted discharge will be required to apply for an LPDES permit in accordance with LAC 33:IX.2501.A. The unpermitted discharge may be permitted if the discharge existed before the designation as an outstanding natural resource water body. Additionally, an existing unpermitted discharge of treated sanitary wastewater may also be permitted if no reasonable alternative discharge location is available.

"During the preparation of this permit, it has been determined that this discharge will have no adverse impact on the existing uses of the receiving water body. As with any discharge, however, some change in existing water quality may occur."

4. If a wastewater discharge or activity is proposed for an outstanding natural resource water body, as defined by this Chapter, the administrative authority shall not approve that activity if it will cause degradation of these waters. For these purposes, degradation is defined as a statistically significant difference at the 90 percent confidence interval from existing physical, chemical, and biological conditions. Existing discharges of treated sanitary wastewater may be allowed if no reasonable alternative discharge location is available or if the discharge existed before the designation as an outstanding natural resource water body.