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The state water discharge permit program is called the Louisiana Pollutant Discharge Elimination System (LPDES). Since 1996, Louisiana has had authority to implement the Federal water permit program called the National Pollutant Discharge Elimination System (NPDES), with oversight from Region 6 of the Environmental Protection Agency (EPA). Anyone who proposes to discharge pollutants from a point source to waters of the state must have an effective LPDES permit at the time the discharge begins. LPDES permits are grouped into three classifications: individual major and minor permits, general permits, and stormwater permits. LPDES permits are issued to every type of point source - examples include small discharges such as car washes and on-site wastewater treatment systems, large publicly owned treatment works (POTWs) and industrial facilities and stormwater discharges associated with industrial activity. Every LPDES permit is issued with an effective term of 5 years.
When a site undergoes a company name change, facility name change, and/or permit transfer associated with ownership and/or operator changes, a Notification of Change Form must be submitted in accordance with LAC 33:I.Chapter 19. Exception: General permits for storm water discharges, the LAR050000 and LAR100000 are NOT transferable. A request for termination must be submitted by the previous owner/operator and the new operator must submit a new Notice of Intent (NOI).
For more information, please see the notifications webpage.
The Water Permits Division is responsible for other non-LPDES programs, including water quality certifications of any Federal Permit or License.
Navigate to the Water Quality Certifications webpage for more information on the program.
The Water Permits Division is responsible for issuing permits for treatment and land application of biosolids and sewage sludge, as well as issuance of registrations for transporters of biosolids and sewage sludge. This is a state-only program and not delegated by EPA.
Navigate to Sewage Sludge and Biosolids Page for more information on the program
The LDEQ Water Permits Division issues LPDES permits, water quality certifications, and biosolids/sewage sludge permits and transporter registrations in accordance with the rules and regulations set forth in Title 33, Parts I and IX of the Louisiana Administrative Code (LAC).
LDEQ must also comply with the Memorandum of Agreement between EPA Region 6 and LDEQ, which describes the responsibilities and processes related to LDEQ's delegation of the LPDES program.
Individual Permit Fees
Annual Fees are calculated by multiplying the rating points times the rate factor. The rating points are computed using the appropriate annual fee rating worksheet. This worksheet should accompany your draft permit. The current rate factor for municipal facilities is $148.00/rating point and for all other facilities is $271.96/rating point. The annual fee shall be paid each year a facility is subject to regulation. The year corresponds with the state's fiscal year of July 1 through June 30. For new facilities the annual fee may be prorated to correspond to the start-up date of the facility. The annual fee for inactive facilities that wish to retain permit coverage may be reduced by 50% any year in which the facility is inactive for the entire fiscal year. In no case will the fee be reduced below the minimum fee. The minimum annual fee is currently $345.00.
New, Modified and Reissued Permit Fees shall be 20% of the calculated annual fee, but not less than the minimum annual fee.
General Permit Fees
| Permit Type | Amount |
|---|---|
| Gen-LAG11-Concrete/Asphalt | $355 |
| Gen-LAG33-Coastal | $1750 |
| Gen-LAG47-Auto Repair/Dealers | $291 |
| Gen-LAG119-Concrete/Asphalt (SW) | $426 |
| Gen-LAG78-C & D Landfills | $726 |
| Gen-LAG42-Short-Term/Emergency | $550 |
| Gen-LAG75-Exterior Vehicle Wash | $291 |
| Gen-LAG87-Pesticides | $0 |
| Gen-LAR10-Construction | $291 |
| Gen-LAR20-Small Construction | $0 |
| Gen-LAG67-Hydrostatic Test | $330 |
| Gen-LAG48-Light Commercial | $380 |
| Gen-LAR04-Small MS4 >1,000 <10,000 | $110 |
| Gen-LAR04-Small MS4 >10,000 <50,000 | $550 |
| Gen-LAR04-Small MS4 >50,000 <150,000 | $1650 |
| Gen-LAR05-Multi-Sector | $109 |
| Gen-LAG38-Potable Water | $380 |
| Gen-LAG49-Sand and Gravel | $726 |
| Gen-LAG26-Territorial Seas | $1750 |
| Gen-LAG30-UST Dewatering | $109 |
| Gen-LAG679-Hydrostatic Test (SW) | $872 |
| Gen-LAG759-Mobile Vehicle/Equipment Wash | $349 |
| Gen-LAG83- Petroleum UST Remediation | $1089 |
| Gen-LAG839-Petroleum UST (SW) | $2,904 |
| Gen-LAG53-Sanitary Class I | $109 |
| Gen-LAG54-Sanitary Class II | $291 |
| Gen-LAG56-Sanitary Class III | $545 |
| Gen-LAG57-Sanitary Class IV | $654 |
| Gen-LAG309-UST Dewatering (SW) | $937 |
Due Dates/Late Payments
Fees shall be received by the Department by the due date indicated on the invoice. Payments not received within 15 days of the due date will be charged a late payment fee. Failure to pay the prescribed application fee or annual fee within 90 days after the due date, will constitute a violation of the regulations and shall subject the person to applicable enforcement action.
The time frame for LPDES permit issuance varies greatly by the facility, permit type, and the number of applications and Notices of Intent (NOIs) the Department receives at any time. For the most expeditious processing time, it is imperative that each application or NOI submitted be complete and correct.
For applicants submitting a NOI for coverage under a general permit, the applicant is strongly advised to read the prospective general permit prior to submitting an NOI. Each general permit includes deadlines for application - which vary from a minimum of 14 days up to 6 months prior to expected discharge. Facilities that are proposed, new construction sites may also require an additional 30 day review period by the State Historic Preservation Officer (SHPO) prior to processing by the Water Permits Division.
For individual permit applications, the drafting phase of the LPDES may encompass several weeks to several months depending on the complexity of the facility and if the facility is determined to be a minor or major discharger. Major LPDES permits require a 30 day EPA review period. Both major and minor LPDES permits require a minimum of a 30 day public notice period with an option for interested parties to request a public hearing. Per regulations LAC 33:I.1505.C, LDEQ is provided 300 days to issue a final decision for new applications. The "300 day rule" does not include time the Department requires to request and obtain additional information due to deficient applications, for EPA review, or for consideration of public comments.
LDEQ has issued two general permits for storm water discharges from construction activities: the small construction general permit, LPDES Permit No. LAR200000 (for activities that disturb 1 acre or more, but less than 5 acres) and the large construction general permit, LAR100000 (for activities that disturb 5 acres or more). LDEQ requires the submission of a Notice of Intent (NOI) for construction activities that disturb 5 acres or more of total land area, including the disturbance of less than 5 acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb 5 acres or more. See example scenarios below for more information.
The CSW-G, dated 5/17/2015, is the correct NOI to submit for coverage under the large construction general permit. Effective October 1, 2014, all permit applicants must estimate the time frame needed to complete the project (including final stabilization) and select the number of years permit coverage is needed. The payment of the annual fee(s) for the entire period selected must be paid in full at the time the NOI is submitted. The newest version of the NOI includes the option to select multiple years. Note that the NOI was recently updated from the 9/7/2014 version that was originally posted at the time the permit was reissued. LDEQ will still accept the 9/7/2014 forms. However, versions of the NOI older than 9/3/2014 do not have the multiple-year option and will no longer be accepted. NOIs may be found on this webpage: http://www.deq.louisiana.gov/portal/Default.aspx?tabid=1837.
The small construction general permit (LAR200000) requires only the development of a Storm Water Pollution Prevention Plan (SWPPP) prior to the start of construction, the posting of a notice near the main entrance of the construction site, and the submission of a Small Construction Activity Completion Report (SCACR) upon final stabilization. There are no permit fees for coverage under the small construction general permit. If you submit an NOI for a project that does not qualify for the construction general permit (for example, a project that is less than one acre), you will receive an error letter from the Department.
Single activities that disturb less than 1 acre are not regulated by LDEQ. However, you may use the Best Management Practices outlined in the permits to minimize pollutants discharged as a result of construction activity.
Example Scenarios:
PLEASE READ THE PERMIT(S) AND FAMILIARIZE YOURSELF WITH THE REQUIREMENTS PRIOR TO DEVELOPING A SWPPP AND INITIATING CONSTRUCTION. The SWPPP must be in writing, signed, certified, and implemented when earth disturbing activities begin.
The notice should contain the following information:
An analysis of LDEQ’s records indicate a majority of the construction projects issued under the 2010 version of the LAR100000 were terminated after 2 years or less of coverage. LDEQ anticipates most applicants will need two years or less, although a small percentage of projects will need a longer time frame. LDEQ recommends underestimating the time frame needed, if you are not sure. A Notice of Extension (NOE) may be submitted if you need additional time, but refunds of the general permit fee are not given for overestimated time periods.
Please note that the LAR100000 expires on September 19, 2019. Per federal and state permitting regulations, coverage cannot be granted beyond the expiration date of the general permit. Therefore, 5 years is not available after 9/30/2015, 4 years is not available after 9/30/2016, etc. The NOI and NOE have been recently updated to clarify this rule. For operators with active permit authorizations, instructions on extending coverage beyond 9/30/2019 will be provided at the time the master general permit is reissued in order to ensure no lapse in permit coverage.
If you need assistance developing the SWPPP, please contact one of LDEQ’s small business/community assistance staff at sbap@la.gov, (800) 259-2890
Your permit authorization is dependent on what you describe as the project on the Notice of Intent. For example, if you put “Lot 51 in Fairwood Estates” as the project description, you only have authorization to build on Lot 51. If you state “Multiple lots in Fairwood Estates,” you are authorized to build as many houses as you like in that one subdivision under your permit authorization. Under no circumstances does any permit authorization go beyond the boundaries of one common plan of development.
If you or your company is responsible for only the land clearance or infrastructure (roads, sewer, water, etc.) of a new development, please specify that in your project description. If you specify only “Fairwood Estates” and no additional qualifiers under the project description, you assume full responsibility for all construction taking place within the subdivision.
You may attach a check or money order to the Notice of Intent, or you can attach a copy of the e-receipt after paying through our online accounts payable system. If you plan to submit an NOI for a new project and prefer to pay online, you will need to request an Agency Interest (AI) number from LDEQ prior to submitting payment.
To request an Agency Interest (AI) number for a new project, please send an email to: _DEQ-FacilityUpdatePersonnel@la.gov. A link to this email is also available in the online account setup process.
Yes, existing permittees who do not have any outstanding invoices will be reauthorized under the new general permit for one year. Existing permittees will be notified by letter during the first few weeks of October; the letter will contain the automatic expiration date of permit coverage. If additional time is needed to complete the project, permittees should submit an NOE form, with payment of the annual fee(s), at least 30 days before the permit coverage expires.
Existing permittees that owed outstanding permit fees as of September 30, 2014 had their permit coverage terminated on October 1, 2014. Notifications were mailed in June, 2014 and permittees were given ample time to settle any outstanding invoices.