Louisiana Stormwater Management
Louisiana State Overview
The state of Louisiana and the Louisiana Department of Environmental Quality (LDEQ) became a state delegated to administer the NPDES Program in August of 1996. Louisiana's Water Quality Regulations mandate permits for the discharge of pollutants from any point source into waters of the State of Louisiana. This surface water discharge permitting system is administered under the Louisiana Pollutant Discharge Elimination System (LPDES) Permitting Program.
The LPDES General Permit for Large and Small Construction Activities authorizes the discharge of stormwater is comprised of two separate permits:
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CGP for Large Construction Activities: "Large Construction Activities" are classified as project sites where land disturbing activities will be taking place on more than five (5) acres."
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CGP for Small Construction Activities: "Small Construction Activities" are classified as project sites where land disturbing activities will be taking place on more than one (1) acre, but less than five (5) acres.
Stormwater discharges from construction activities can only be authorized under a Louisiana Pollutant Discharge Elimination System (LPDES) General Permit if the project site owner or operator: (1) develops a Storm Water Pollution Prevention Plan covering either the entire site or all portions of the site for which they are operators; and (2) submits a complete and accurate Notice of Intent (NOI) using the NOI form provided by the State Administrative Authority.
The state of Louisiana and the Louisiana Department of Environmental Quality (LDEQ) became a state delegated to administer the NPDES Program in August of 1996. Louisiana's Water Quality Regulations mandate permits for the discharge of pollutants from any point source into waters of the State of Louisiana. This surface water discharge permitting system is administered under the Louisiana Pollutant Discharge Elimination System (LPDES) Permitting Program.
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LA - DEQ - Small Construction Activity Completion Report (SCACR)
LA - DEQ - LAR200000 - Small Construction General Permit (CGP)
LA - DEQ - Large Construction Notice of Intent (NOI)
LA - DEQ - Large Construction Notice of Extension (NOE)
LA - DEQ - Large Construction Notice of Termination (NOT)
LA - DEQ & DOT - Notice of Intent (NOI)
LA - DEQ - Large Construction SWPPP
LA - DEQ - LAR100000 - Large Construction General Permit (CGP)
LA - DEQ - Construction Storm Water Presentation
LA - DEQ & DOT - LAR600000 - Construction General Permit (CGP)
LA - DEQ - Industrial Notice of Intent (NOI)
LA - DEQ - LAR050000 - Multi-Sector General Permit (MSGP)
LA - DEQ - Industrial Notice of Termination (NOT)
LA - DEQ - Industrial No Exposure Certification (NEC)
LA - DEQ - Small MS4 Annual Report Form
LA - DEQ - MS4 Technical Assistance Bulletin
LA - DEQ - Small MS4s Notice of Intent (NOI)
LA - DEQ - LAR040000 - MS4 General Permit (MGP)
LA - DEQ - TMDL Fact Brochure
Louisiana Permit Application Process
A Notice of Intent (NOI) is not required to receive coverage under the Louisiana Construction General Permit (CGP) for land disturbing activity greater than one (1) acre, but less than five (5) acres; or less than one (1) acre but part of a larger plan of development or sale. Any owner or operator meeting the applicability requirements of this permit is automatically covered; such applicants include any party having control over construction plans and specifications or any party responsible for the day-to-day activities of the site necessary to ensure compliance with the Storm Water Pollution Prevention Plan (SWPPP).
· *Note: A Notice of Intent (NOI) is not required for coverage under the Louisiana Storm Water General Permit for Small Construction Activities, but a Storm Water Pollution Prevention Plan (SWPPP) must be developed prior to the commencement of any land disturbing construction activities.
A Notice of Intent (NOI) is required for land disturbing construction projects of five (5) acres or more of total land area, including smaller areas that are part of a larger plan of development or sale of at least five (5) acres or more. A Storm Water Pollution Prevention Plan (SWPPP) must be completed prior to the submission of the Notice of Intent or the commencement of any land disturbing construction activities. A compliant Notice of Intent should contain the following:
(1) The name, address, and telephone number of the construction site owner or operator filing for permit coverage.
(2) If available, the address of the construction site. If an address is not available, then the latitude and longitude of the construction site.
(3) Certification that a Storm Water Pollution Prevention Plan (SWPPP) has been developed and is compliant with regulations of the permit.
(4) The location where the Storm Water Pollution Prevention Plan (SWPPP) will be kept on the construction site.
(5) The project start date, the predicted completion date, an estimate of total acres to be disturbed, and the type of structure being built.
(6) The name of all receiving waters both on and off the construction site.
(7) A list of endangered species or critical habitats, if applicable.
Complete and compliant Notice If Intents (NOIs) should be submitted to the Louisiana Department of Environmental Quality (LDEQ).
Louisiana Storm Water Pollution Prevention Plan Requirements
As per the requirements of coverage under the Louisiana Construction General Permit (CGP), at least one Storm Water Pollution Prevention Plan (SWPPP) must be developed for each construction project. Owners and operators have the option to create separate Storm Water Pollution Prevention Plans (SWPPPs), or to participate in one comprehensive plan covering the entire project site. Storm Water Pollution Prevention Plans (SWPPPs) must identify all potential sources of pollution which may be expected to affect the quality of stormwater discharges from a construction site. In order to prevent any non-compliance throughout the construction project duration, the SWPPP is required to include the following:
(1) The SWPPP must be signed by the appropriate person in charge of the construction project, such as the owner, operator or person of equivalent authority. All signatures must be written in compliance with the standards of the Louisiana Construction General Permit (CGP).
(2) Each SWPPP must include a site description indicating the nature of construction activity, the intended sequence of major land disturbing activities, estimates of the total land area to be disturbed, and an estimate for pre and post construction runoff.
(3) In addition to the site description, a detailed site map outlining the location of major land disturbing activities, points of discharge produced by the construction activity, all drainage areas and receiving waters both on and near the site, and Best Management Practices (BMPs) and other control used to contain and prevent any unauthorized stormwater discharges or other forms of non-compliance.
(4) A description of construction and waste materials that will be stored on site should be included.
(5) All Best Management Practices and other control measures that will be used throughout the project duration must be clearly described and include an estimate of general timing for implementation and use.
Note: If conducting construction activities in areas where the Louisiana Department of Environmental Quality (LDEQ) has an established Total Maximum Daily Load (TMDL) for stormwater runoff and other associated waste discharges, the SWPPP must state how each Best Management Practice (BMP) will ensure that all site discharges will remain in compliance with the authorized TDML.
(6) The SWPPP should outline all inspection schedules and associated maintenance plans that will occur throughout the project.
(7) The SWPPP must include a description of all interim and permanent stabilization methods for the site, including site-specific locations and scheduling of implementation. The dates of major land disturbing activities, the dates when construction temporarily and permanently ceased, and the dates of stabilization initiation should be documented in this section of the SWPPP.
All Storm Water Pollution Prevention Plans (SWPPPs) are required to be kept up-to-date. If there is a change in design, construction, operation, or maintenance, which has a significant impact on site discharges, the SWPPP should be modified accordingly. All modifications to the SWPPP must be made within fourteen (14) days of knowledge of a change. The SWPPP is also required to be kept on the construction site and easily accessible upon request until the project has permanently ceased and a Notice of Termination has been accepted.
Louisiana Construction Stormwater Inspection Frequency
An owner or operator must at all times properly operate and maintain all facilities and systems of treatment and control which are installed to achieve permit compliance. The Louisiana Department of Environmental Quality (LDEQ) mandates that scheduled maintenance and inspections be conducted in compliance with the regulations of their construction general permit (CGP). “Qualified Personnel” shall inspect disturbed areas of the construction site that (1) have not been finally stabilized; (2) are used for storage of materials; (3) structural Best Management Practices (BMPs) or other control measures; and (4) locations where vehicles enter and exit the site. Inspections should be conducted once every fourteen (14) days, before expected rain events, and within twenty-four (24) hours of a rain event accumulating 0.5 inches or more.
A report summarizing the inspection must include the name(s) and qualifications of personnel conduction the inspection, the date of the inspection, all major observations relating to the implementation and effectiveness of stormwater pollution prevention methods, and the corrective actions to be taken, if necessary. Any non-compliance identified during the inspections must be documented in a revised version of the Storm Water Pollution Prevention Plan (SWPPP).
Based on the results of the inspection, appropriate responses should be taken. Maintenance needs identified at the time of an inspection must be completed prior to the next anticipated storm event, or as necessary to uphold site compliance and continued effectiveness of storm water controls. Any corrective actions taken or changes to the original Strom Water Pollution Prevention Plan (SWPPP) must be documented within seven (7) days of the date of inspection.
Owners and Operators must also allow the Louisiana Department of Environmental Quality or an authorized representative to inspect a construction site upon presentation of their credentials and other documents as required by law. These inspections are most commonly unannounced and begin immediately.
Louisiana Construction Stormwater - Credential Requirements
The Louisiana Department of Environmental Quality requires that individuals working on construction sites be considered “Qualified Personnel,” meaning a person knowledgeable in the principles and practices of erosion and sediment controls. This person should also possess the skills to assess conditions on a site that have potential to impact stormwater quality and to inspect the effectiveness of all sediment and erosion control measures utilized throughout project duration.
Louisiana Final Stabilization for Construction Activities
The Louisiana Department of Environmental Quality (LDEQ) defines “Final Stabilization” as having completed all soil disturbing activities, and attaining a uniform perennial vegetative cover with a density of 70% of the native background vegetative cover for the area; or equivalent permanent stabilization measures such as riprap, gabions, and geotextiles have been utilized.
Stabilization measures should be initiated as soon as reasonable for portions of the construction site where land disturbing activities have temporarily or permanently ceased, but no more than fourteen (14) days after cessation.
*Note: When construction activity on a portion of the site is temporarily ceased, and land-disturbing activity will resume within twenty-one (21) days, stabilization does not have to be initiated in that area.
When a project site which is covered under the Louisiana General Permit for Small Construction Activities is complete, all land disturbing activity has permanently ceased, and the site has been stabilized in accordance with the regulations of the Louisiana Construction General Permit (CGP), the owner or operator must submit a “Small Construction Activity Completion Report” form. All forms are due by January 28th of the year following the year in which the project was completed. Small Construction Activity Report forms are to be submitted to the Louisiana Department of Environmental Quality (LDEQ) Water Permits Division.
Louisiana Stormwater Permit Termination Process - Notice of Termination (NOT)
A project site that is covered by the Louisiana General Permit for Discharges of Stormwater from Construction Activities five (5) acres or more must file a Notice of Termination (NOT) once all land disturbing activities have permanently ceased and final stabilization achieved. The Notice of Termination (NOT) should include (1) the name and street address (if available) of the construction site; (2) the name, address, and telephone number of the owner or operator/individual submitting the NOT; (3) the LPDES permit authorization number: (4) an indication of whether the storm water discharges associated with construction activities have been eliminated; and (5) proper signatory requirements. NOTs are to be submitted to the Louisiana Department of Environmental Quality (LDEQ) Water Permits Division.
LDEQ Water Permits Division
P.O. Box 4313, Baton Rouge, LA
70821-4313
All records of the Storm Water Pollution Prevention Plan (SWPPP) and reports required by the Louisiana Construction General Permit (CGP) must be kept for three (3) years from the date that the site is finally stabilized.
South Central
Suzanna Perea
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(214) 665-7217
US EPA, Region 6 / Water Quality Protection Division
Permits and Technical Section (6WQ-PP)1445 Ross Ave, Suite 1200
Dallas, TX, 75202-2733
Department of Environmental Quality
(225) 219-3013
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605 N 5th St. PO Box 4313
Baton Rouge, LA, 70821
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