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(LAC) Title 33, Part IX, Chapter 11

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(LAC) Title 33, Part IX, Chapter 11 Presented below are water quality standards that are in effect for Clean Water Act purposes. EPA is posting these standards as a convenience to users and has made a reasonable effort to assure their accuracy. Additionally, EPA has made a reasonable effort to identify parts of the standards that are not approved, disapproved, or are otherwise not in effect for Clean Water Act purposes. September 7, 2021 Louisiana Administrative Code (LAC) Title 33, Part IX. Water Quality Chapter 11. Surface Water Quality Standards Effective August 10, 2021 The following provisions are in effect for Clean Water Act purposes with the exception of the provisions described below. - Seasonal dissolved oxygen (DO) criteria for waters in the Lake Pontchartrain Basin (eastern Lower Miss River Alluvial Plain ecoregion) were vacated by court order number 18-1632 on February 25, 2019 and are not in effect for CWA purposes. Affected criteria appear in strikeout. Title 33, Part IX Chapter 11. Surface Water Quality §1105. Definitions Standards Acute Toxicity―any lethal or deleterious effect on representative sensitive organisms that results from a single §1101. Introduction dose or exposure of a chemical or mixture of chemicals within A. The purpose of this Chapter is to establish surface a short period of time, usually less than 96 hours. water quality standards that will: Administrative Authority―the Secretary of the Department of Environmental Quality, or his designee or the appropriate 1. provide for the protection and preservation of the assistant secretary or his designee. abundant natural resources of Louisiana's many and varied aquatic ecosystems; Ambient Toxicity―the effect measured by a toxicity test on a sample collected from a water body. 2. protect the public health and welfare that might otherwise be threatened by degradation of water quality; Artificial Heat―heat derived from unnatural sources, such as power plants and other industrial cooling processes. 3. protect or enhance the quality of state waters for Background Condition―a concentration of a substance in designated uses; and a particular environment that is indicative of minimal 4. serve the objectives of the Louisiana Water Control influence by human (anthropogenic) sources. Law and Federal Clean Water Act (hereafter referred to as the Biological and Aquatic Community Integrity―the Clean Water Act). condition of the aquatic community inhabiting a specified B. The water quality standards provided in this Chapter habitat as measured by community structure and function. are provisions of Louisiana state regulations and consist of: Bottomland Hardwood Swamps―those areas inundated or 1. policy statements pertinent to water quality that are saturated by surface water or groundwater of negligible to necessary to achieve the objectives of the standards; very low salinity at a frequency and duration sufficient to support, and that under normal conditions do support, 2. designated uses for which waters of the state are to bottomland hardwood vegetation. These ecosystems are be protected; and commonly found wherever streams or rivers occasionally 3. criteria that protect the designated uses by specifying cause flooding beyond their channel confines. They are general and numeric limitations for various water quality deciduous forested wetlands, made up of different species of parameters. gum (Nyssa spp.), oak (Quercus spp.), dwarf palmetto (Sabal minor), and bald cypress (Taxodium distichum), and other C. The water quality standards described in this Chapter species. These swamps cannot tolerate continuous flooding; are applicable to surface waters of the state and are utilized typically areas are flooded two to six months per year. through the wasteload allocation and permit processes, to develop effluent limitations for point source discharges to Brackish Marshes―those areas inundated or saturated by surface waters of the state. They can also form the basis for surface water or groundwater of moderate salinity at a implementing the best management practices for control of frequency and duration sufficient to support, and that under nonpoint sources of water pollution. normal circumstances do support, brackish emergent vegetation. Typical vegetation includes bulltongue (Sagittaria AUTHORITY NOTE: Promulgated in accordance with R.S. spp.), wild millet (Echinochloa walteri), bullwhip (Scirpus 30:2074(B)(1). californicus), sawgrass (Cladium jamaicense), wiregrass HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 10:745 (Spartina patens), three-cornered grass (Scirpus olneyi), and (October 1984), amended LR 15:738 (September 1989), LR 20:883 widgeongrass (Ruppia maritima). Brackish marshes are also (August 1994), amended by the Office of the Secretary, Legal Affairs characterized by interstitial water salinity that normally Division, LR 33:826 (May 2007), amended by the Office of the ranges between 3 and 15 parts per thousand. Secretary, Legal Affairs and Criminal Investigations Division, LR 46:1544 (November 2020). Brackish Water―surface water (creeks, bayous, rivers, lakes, estuaries) having an average salinity of 2 parts per §1103. Authorization thousand or greater and less than 10 parts per thousand; does A. Pursuant to the specific authorization provided for in not apply to wetland interstitial salinity regime. Section 2074.B(1) of the Louisiana Water Control Law (R.S. Chronic Toxicity―toxicity that, after long-term exposure, 30:2071-2078) and in conformity with Section 303(c) of the exerts sublethal negative effects on, or is lethal to Clean Water Act (P.L. 92-500 as amended) and 48 FR 51405, representative, sensitive organisms. November 8, 1983, the state of Louisiana has established these surface water quality standards to prohibit, control, or Clean Techniques―an integrated system of sample abate water pollution in state waters. collection and laboratory analytical procedures designed to detect concentrations of trace metals below criteria levels and AUTHORITY NOTE: Promulgated in accordance with R.S. eliminate or minimize inadvertent sample contamination that 30:2074(B)(1). HISTORICAL NOTE: Promulgated by the Department of can occur during traditional sampling practices. Environmental Quality, Office of Water Resources, LR 10:745 (October 1984), amended LR 15:738 (September 1989). 1 Environmental Regulatory Code July 2021 ENVIRONMENTAL QUALITY Cypress-Tupelo Swamps―those areas inundated or influence or as far as the saltwater wedge reaches. Estuarine saturated by surface water or groundwater of negligible to salinities are variable and influenced by physical (i.e., tide, very low salinity at a frequency and duration sufficient to sedimentation, precipitation), chemical (i.e., variable support, and that under normal circumstances do support, salinities), and biological (i.e., vegetation, faunal populations) cypress-tupelo vegetation. Typical vegetation includes water factors. tupelo (Nyssa sylvatica var. aquatica), bald cypress Excepted Use―a water body classification reflecting (Taxodium distichum), red maple (Acer rubrum), buttonbush natural conditions and/or physical limitations that preclude (Cephalanthus occidentalis), and common wax myrtle the water body from meeting its designated use(s). Such (Myrica cerifera). Cypress-tupelo swamps can tolerate classifications include, but are not limited to, man-made continuously flooded conditions and are divided into two waters, naturally dystrophic waters, and intermittent streams. subtypes: continuously flooded and seasonally flooded. Continuously flooded swamps are those areas that have Existing Use―those uses actually attained in the water standing water present all year round. They range from forests body on or after November 28, 1975. They may or may not with a closed canopy to open canopy conditions with be designated uses. understory freshwater emergent wetland vegetation. Seasonally flooded swamps are those areas that are typically Fecal Coliform―a gram negative, non-spore-forming, rod- flooded for more than six months per year. They typically shaped bacteria found in the intestinal tract of warm-blooded have a closed canopy that limits understory vegetation. animals. Degradation—a lowering of water quality, as demonstrated Forested Wetlands—a category of wetlands that includes by data analysis, water quality models, or other scientifically bottomland hardwood swamps, cypress-tupelo swamps, and defensible method. oligotrophic seasonally flooded pine forests as defined in this Section. Designated Use―a use of the waters of the state as established by the water quality standards provided in Fresh Warmwater Biota―aquatic life species whose LAC 33:IX.1111. These uses include, but are not limited to, populations typically inhabit waters with warm temperatures oC, 68oF) and low salinities (less primary and secondary contact recreation, fish and wildlife (seasonal averages above 20 than 2 parts per thousand), including, but not limited to, black propagation, drinking water supply, oyster propagation, bass; freshwater sunfish; freshwater catfish; and characteristic agriculture, and outstanding natural resource waters. freshwater aquatic invertebrates and wildlife. Diffuser―a device or defined technology that provides for Fresh Water―surface water (creeks, bayous, rivers, lakes) the rapid and efficient mixing of wastewater effluents with the having an average salinity of less than 2 parts per thousand; receiving water so that toxic conditions and other impacts in does not apply to wetland
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