Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part IX - Water Quality
Subpart 1 - Water Pollution Control
Chapter 7 - Effluent Standards
Section IX-705 - Sand and Gravel Extraction

Universal Citation: LA Admin Code IX-705

Current through Register Vol. 50, No. 9, September 20, 2024

A. Applicability. The provisions of this Section apply to the discharge of process and mine dewatering wastewater pollutants or pollutant properties associated with the extraction of sand and gravel, including "pit run" operations, dirt pits, etc., from natural deposits. Without first obtaining a LWDPS permit, following the procedures set forth in LAC 33:IX.Chapter 3, no person shall discharge or allow to be discharged process and mine dewatering wastewater into the waters of the state from any facility or activity.

B. Definitions. The following definitions are applicable to terms used in this Section. Definitions of other terms and meanings of abbreviations are set forth in LAC 33:IX.107.

Bankfull Stage- the gauge height (based on the latest datum), in feet, in the vicinity of the gauge at which one or both banks are overtopped by floods.

Dredging- to mechanically remove or transport earthen material, sand, or gravel by digging, scooping, scraping, or suctioning.

Mine- an area of land, surface or underground, actively mined for the production of sand and gravel, including "pit run" operations, dirt pits, etc., from natural deposits.

Mine Dewatering- any water that is impounded or that collects in the mine and is pumped, drained, or otherwise removed from the mine through the efforts of the mine operator. This term shall also include wet pit overflows caused solely by direct rainfall and groundwater seepage. However, if a mine is also used for treatment of process generated wastewater, discharges of commingled water from the mine shall be deemed discharges of process generated wastewater.

Pit Run Operation- an operation in which sand, gravel and associated earthen materials are removed from deposits, and no washing or classification are involved.

Process Generated Wastewater- any wastewater used in the slurry transport of mined materials, air emissions control, or processing inclusive of mining. The term shall also include any other water which becomes commingled with such wastewater in a pit, pond, lagoon, mine or other facility used for the treatment of such wastewater. The term includes wastewater used for the suction dredging of deposits in a body of water and returned directly to the body of water without being used for other purposes or combined with other wastewater.

C. Prohibition. Unless specifically exempted by the administrative authority, dredging in the river channel is prohibited. Where dredging of the river channel is authorized by the administrative authority, there shall be no increase in the turbidity 100 yards downstream of the operation compared to measurements made directly upstream from the operation.

D. General

1. All impoundments of process or mine dewatering wastewater must be surrounded by a stable, well-maintained levee of sufficient size and construction to prevent a discharge of pollutants into surface waters of the state.
a. Producers must maintain a 2-foot freeboard in the process or mine dewatering wastewater impoundments.

b. Any unpermitted discharge of process or mine dewatering wastewater shall be a violation including a discharge resulting from a levee break when the river is less than bankfull stage, based on the closest gauging station or other mutually agreed upon elevation establishing bankfull stage at the site.

c. If a levee breaks it must be repaired immediately and production must cease until the levee is repaired.

d. All levees must be inspected at least twice daily during normal working hours and as necessary during other hours when adverse weather conditions may threaten the integrity of the levees.

E. Effluent Limitations, Best Practicable Treatment. The following effluent limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a facility subject to this Section after application of the best practicable control technology currently available to process and mine dewatering wastewater wastes.

1. For discharges to scenic streams and their tributaries:

Concentration in mg/L

Pollutant or Pollutant Property

Daily Average

Daily Maximum

TSS

25

45

Oil and Grease

15

pH

[(1)]

[(1)]

Nephelometric or formazin turbidity units

Turbidity

15

25
[(1)] Within the range of 6.0 to 9.0 at all times

2. For discharge to primary contact recreation water bodies:

Concentration in mg/L

Pollutant or Pollutant Property

Daily Average

Daily Maximum

TSS [(2)]

25

45

Oil and Grease

15

pH

[(1)]

[(1)]

Nephelometric or formazin turbidity units

Turbidity

25
[(1)] Within the range of 6.0 to 9.0 at all times

[(2)] Variances may be granted for certain operations on the Mississippi River

3. For discharges other than those covered in LAC 33:IX.705.E.1 and 2:

Concentration in mg/L

Pollutant or Pollutant Property

Daily Average

Daily Maximum

TSS [(2)]

25

45

Oil and Grease

15

pH

[(1)]

[(1)]
[(1)] Within the range of 6.0 to 9.0 at all times

[(2)] Variances may be granted for certain operations on the Mississippi River

4. In the case of a discharge into receiving waters for which the pH, if unaltered by man's activities, is or would be less than 6.0 and water quality criteria in water quality standards authorize such lower pH, the pH limitations for such discharge may be adjusted downward to the pH water quality criterion for the receiving waters. In no case shall a pH limitation outside the range of 5.0 to 9.0 be permitted.

F. Effluent Limitations, Best Conventional Technology

1. The following effluent limitations establish the quantity or quality of conventional pollutants or pollutant properties which may be discharged by a facility subject to this Section after application to process wastes of the best conventional pollutant control technology:
a. same as best practicable treatment limitations (LAC 33:IX.705.E).

G. Effluent Limitations, Best Available Technology

1. The following effluent limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a facility subject to this Section after application to process wastes of the best available technology economically achievable:
a. same as best practicable treatment limitations (LAC 33:IX.705.E);

b. no priority pollutants or nonconventional pollutants to be controlled.

H. Standards of Performance. The following effluent limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a facility subject to this Section which is a new source:

1. same as best practicable treatment limitations (LAC 33:IX.705.E).

I. Pretreatment Standards for Existing Sources-Reserved

J. Pretreatment Standards for New Sources-Reserved

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

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