March 8, 2007
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, March 8, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Chris E. Landry, President, presiding, and the following members present:
Mesdames Elizabeth Conway Griffin and Sandra J. “Sandy” Treme; and Messrs. Francis Andrepont, Guy Brame, Brent Clement, Calvin Collins, Michael E. Danahay, Kevin Guidry, Tony Guillory, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, Cornelius “Cornie” Moon, and Tony Stelly
Absent: None
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mr. Richard Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Allen L. Smith, Jr., of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Maintenance; and Mr. Jim Vickers, Director of Planning and Development.
President Landry called the meeting to order. The invocation was pronounced by Mr. Moon. Following the invocation, Mr. Moon introduced and asked Mr. Nick Reina, his next-door neighbor and a Marine at home on leave from the War in Iraq, to lead the group in the Pledge of Allegiance. The roll was called with the result being as outlined above.
President Landry welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or set on a suitable mode so they would not interrupt the meeting.
A plaque was presented at this time to Ms. Martha Parnell, Director of the Office of Juvenile Justice Services (OJJS), in recognition of her eight years of service to the Calcasieu Parish Police Jury. Mr. McMurry stated that Ms. Parnell had become Director at a difficult time when the Judges decided to immediately discontinue their authority over the department, however, she and the staff she assembled were in large part responsible for making the office a model for programs around the State. Mr. McMurry stated that while he was proud that she had reached retirement, she would be missed.
President Landry read the wording on the plaque, as follows:
Certificate of Appreciation
Presented by the Calcasieu Parish Police Jury
on this, the 8th day of March, 2007, to
Martha Parnell
Director of the Calcasieu Parish Office of Juvenile Justice Services,
in recognition and appreciation of eight years of dedicated service
to the citizens and youth of Calcasieu Parish.
Congratulations and best wishes on your retirement!
/s/ Chris E. Landry, President
Calcasieu Parish Police Jury
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Mrs. Parnell received a standing ovation from the jurors and staff, and she expressed her appreciation, stating that the Police Jury’s Office of Juvenile Justice Services had been a wonderful place to work and a great place from which to retire. Mrs. Parnell further stated that it had been a pleasant experience working for the Police Jury and particularly with Mr. McMurry who had trusted her to make decisions and run the office like she felt it should be run. She closed by saying that she felt strongly that under the leadership of Mr. Dane Bolin, her replacement, the operation of OJJS would improve even more.
Mrs. Griffin was granted a point of personal privilege to recognize Mr. Nathaniel “Nate” Livings, a professional football player with the Cincinnati Bengals, who was present at the meeting on this date. She stated that she had known Nate and his family for many years through her church and was extremely proud to present a plaque to him which read as follows:
PROCLAMATION
Be it Proclaimed by the Calcasieu Parish Police Jury that
Thursday, March 8, 2007, shall hereinafter be known and remembered as
Nate Livings Day
in Calcasieu Parish in honor, recognition, and celebration
of his very successful professional football career with the Cincinnati Bengals.
Congratulations & best wishes to Nate, a graduate of
Washington Marion High School and LSU – one of our own!
Good luck and God Speed to you and your family!
/s/ Elizabeth Conway Griffin, District 3 /s/ Chris E. Landry, President
Calcasieu Parish Police Jury Calcasieu Parish Police Jury
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Mr. Livings expressed his appreciation to Mrs. Griffin and the Police Jury for this honor and advised that he was involved in the community with the prison ministry at his church. Mrs. Griffin pointed out that his greeting to the prisoners was “God first, family second, and let’s get physical”.
Motion was made by Mr. Moon, seconded by Mr. Danahay and carried unanimously that the following applications for liquor and beer permits be approved:
WARD I
Ariba Petroleum, LLC
Gul N. Awan – Member
BRONCO DISCOUNT DELI
393-A Hwy 171 N
Lake Charles, LA 70611 Beer 35.00
(Calvin Collins’ District)
WARD IV
Glenn Thomas Duplechan d/b/a
PARADISE DAIQUIRIS
1629 Patton St.
Sulphur, LA 70665 Liquor & Beer 135.00
(Mike Danahay’s District)
TOTAL REMITTANCE: 170.00
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It was moved by Dr. Mackey, seconded by Mr. Guillory and carried unanimously to approve payment of all current invoices.
Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Collins and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated February 1, 2007, were approved, and the reading of same was dispensed with.
Motion was made by Mr. McMillin, seconded by Mr. Manuel and carried unanimously that the Agenda Committee Report dated March 1, 2007, be approved as follows:
AGENDA COMMITTEE REPORT
March 1, 2007
A meeting of the Agenda Committee was held on Thursday, March 1, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Chairman Guy Brame presiding, and the following members present:
Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Kevin Guidry, Mrs. Elizabeth Conway Griffin, Mr. Tony Guillory, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Hal McMillin, Mr. Cornelius “Cornie” Moon, Mr. Tony Stelly, and Mrs. Sandy Treme
Absent: Mr. Francis Andrepont
Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Jimmy Vickers.
Chairman Brame advised that the purpose of the meeting on this date was to review the proposed agenda for the Regular Meeting of the Police Jury to be held on March 8, 2007.
Mr. Clement made a request to add an item to the agenda to form a committee to look into the feasibility of holding a parishwide election to elect a Parish President.
Motion was then made by Mrs. Griffin and seconded by Mrs. Treme to table this matter, and the vote thereon was as follows:
YEAS:Mr. Collins, Mrs. Griffin, Mr. Guidry, Mr. Guillory, Dr. Mackey, Mr. Manuel, Mr. Moon, Mrs. Treme, and President Landry
NAYS:Mr. Clement, Mr. Danahay, Mr. McMillin, and Mr. Stelly
ABSENT:Mr. Andrepont
NOT VOTING:Chairman Brame
The vote being nine (for) to four (against), Chairman Brame declared the motion as having carried, and the motion to table passed.
Following review of the items to be considered by the Police Jury on March 8th, and after recommendations for appointments to various boards of special service districts were made by members of the Committee, it was unanimously recommended that the proposed agenda be accepted as presented by the staff.
There being no further business, Chairman Brame declared the meeting to be adjourned.
* * * * * * * * * * * *
It was moved by Mr. Moon and seconded by Mr. Collins to approve the Public Works Committee Report dated March 1, 2007, and all recommendations contained therein, as follows:
PUBLIC WORKS COMMITTEE REPORT
March 1, 2007
______________________________________
A meeting of the Public Works Committee was held on Thursday, March 1, 2007, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Don Manuel, Vice-Chairman, presiding and the following members present:
Mr. Guy Brame, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth Conway Griffin, Mr. Kevin Guidry, Mr. Tony Guillory, Mr. Chris Landry, Mr. Hal McMillin, Charles S. Mackey, D.D.S., Mr. Cornie Moon, Mr. Tony Stelly, and Mrs. Sandy Treme
Absent: Mr. Francis Andrepont
Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, Mr. Gerry Trahan, Mr. Jimmy Vickers, and Mr. Allen Wainwright.
Said Committee:
1. Received and opened the following bids for Calcasieu Parish Project No. 2007-01 (Overlaying of Various Roads in Calcasieu Parish), as advertised in accordance with law for action to be taken at 5:30 p.m.:
Prairie Contractors, Inc. $3,681,509.00
R.E. Heidt Construction Company, Inc. $2,679,675.48
NOTE: Following final tabulation of the bids, the Parish Engineer recommended that the low bid of R. E. Heidt Construction Company, Inc., in the amount of $2,679,675.48 be accepted.
2. Deferred the presentation of a plaque to Coach Paul Bourgeois and the Sulphur High School Football Team for their accomplishment as runner-up in the Class 5A State Championship until such time as the Coach and team are able to attend.
3. Mr. Robert Savant, Nuisance Animal Trapper with the Louisiana Department of Agriculture and Forestry, appeared before the Committee with reference to the beaver problem in drainage laterals, more particularly, as a result of concern on Mr. Manuel’s part about major problems being experienced in the Birdnest area of Ward One. Mr. Savant advised that the Police Jury could work with the Louisiana Department of Wildlife and Fisheries to hire a full-time trapper for the Parish who could trap year-round versus just during the three-month official trapping season. The Committee recommended that the staff look into the feasibility of hiring a trapper for Calcasieu Parish.
4. Received report from staff on the status of projects at all parish parks which included an update on repairs, renovations, and new construction made necessary by $350,000 in damage to Parish parks caused by Hurricane Rita, as well as planned improvements such as a fishing bank and pier at Calcasieu Point, repair of the boat launches at Lorrain Bridge and Highway 171 in Moss Bluff, playground equipment at Mallard Junction, horse riding trails at Holbrook, a pavilion and additional parking at Riverside, etc. The jurors were encouraged to participate in the upcoming master planning process for Holbrook and Riverside Parks. The staff was requested to look into the possibility of acquiring additional land for Riverside Park and the Highway 171 Boat Launch, as well as the offer of the local garden club to assist with landscaping at Prien Lake Park.
5. Received presentation from staff with reference to the Police Jury’s LPDES Phase II Storm Water Permit as it relates to the adoption of a new Small MS4 Storm Water Ordinance. The Committee was advised that modifications had been made to the proposed ordinance based on comments received at public meetings held with engineers, developers, etc., and further, that formal action on the ordinance would need to be taken by the Police Jury at its Regular Meeting on March 8, 2007.
6. Recommended that a resolution be adopted accepting Olive Branch Subdivision located on the southeast corner of Clint Drive and Welborn Road in Section 3, Township 9 South, Range 9 West, in Ward One. (Police Jury District 1, Mr. Manuel)
7. Recommended that a resolution be adopted accepting Holmwood Ridge Subdivision located on E. Todd Road in Section 3, Township 11 South, Range 7 West, in Ward Two. (Police Jury District 10, Mr. Stelly)
8. Recommended that an ordinance be adopted and/or existing ordinance(s) be amended with reference to establishing “no thru trucks” on North Rosemont Drive (west of Crocus Lane), Crocus Lane, and South Rosemont Drive in Ward Four. (Police Jury District 12, Mr. Clement)
9. Recommended that the President of the Police Jury be authorized to execute all documents related to the acquisition of right-of-way from J and L Jardell Family Partnership on Gray Road and Johnny Breaux Road in Ward Seven. (Police Jury District 12, Mr. Clement)
10. Recommended that the President of the Police Jury be authorized to execute all documents related to the donation of right-of-way from Magpie Jugglers, LLC, Betty Huber, Thomas Henry Gayle, and John Charles Williams on the North Tract, and Willis Weber Gayle, Jr. and Thomas Henry Gayle on the South Tract on Friesen Road in Ward Three. (Police Jury District 10, Mr. Stelly)
11. Recommended that an ordinance be adopted authorizing the Director of the Office of Homeland Security and Emergency Preparedness to close local waterways under certain high water or flooding conditions, after consultation with other appropriate state and/or parish agencies, with the Police Jury ratifying said action at their next available regular meeting.
12. Recommended that a resolution be adopted to enter into a non-exclusive contract with JimBill Disposal for solid waste collection and disposal services within Ward One, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto. Mr. Bill Pousson, 7646 Greathouse Road, Lake Charles, and Mr. Jim Schooler, 444 Ashland Street, Lake Charles, both appeared before the Committee on behalf of JimBill Disposal.
13. Recommended that the Parish Administrator be authorized to advertise for bids for Calcasieu Parish Project No. 2007-10 (Old Highway 90 Park Improvements).
14. Following an executive session on Lawsuit No. 03-1863 (Laszcz vs. Police Jury), the Committee recommended that the report given by legal counsel during the executive session be received.
15. Recommended that a resolution be adopted amending a resolution adopted by the Police Jury on October 5, 2006, regarding acceptance of Aubrey Drive in Ward Two.
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With regard to Recommendation No. 5 of the Public Works Committee and in answer to a question by Mr. Manuel, Mr. Allen Wainwright, Public Works Engineer, stated that public meetings were held with the contractors and developers and that adjustments to the proposed storm water ordinance were incorporated, based on comments and feedback from them. He further stated that nothing significant had come in during the public comment phase and that plans were to start phasing the program in over the next year. Mr. Wainwright assured the jurors that the staff had no intentions of shutting people down but intended to work with them as much as possible.
A vote taken on the motion on the floor carried unanimously, and in accordance with the recommendation of the Parish Engineer, the low bid in the amount of $2,679,675.48 of R. E. Heidt Construction Company, Inc., was accepted for Calcasieu Parish Project No. 2007-01 (Overlaying of Various Roads in Calcasieu Parish), and further, the President of the Police Jury was authorized to execute the contract documents and any amendments or modifications thereto in conjunction with Project No. 2007-01.
Also as a result of passage of the foregoing motion, the following resolutions and ordinances were adopted:
ORDINANCE NO. 5240
AN ORDINANCE amending and renaming Chapter 22. Sewers of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to be hereinafter known as Storm Water Drainage and Sewers and to include provisions for Storm Water within Calcasieu Parish.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 8th day of March, 2007, that it does hereby amend Chapter 22 of the Code of Ordinances of the Parish of Calcasieu, Louisiana, by renaming Chapter 22 as Storm Water Drainage and Sewers and including provisions for Storm Water as Article I, as follows:
SECTION 1: Chapter 22 is hereby renamed Storm Water Drainage and Sewers.
SECTION 2: Chapter 22 — Storm Water Drainage and Sewers, is hereby amended, in toto, to include provisions for Storm Water as Article I, to read as follows:
ARTICLE I. STORM WATER
DIVISION 1. General Provisions
Sec. 22-1. Title.
This chapter shall be known as the “Storm Water Code of Calcasieu Parish, Louisiana” and may be cited and referred to herein as “this chapter.”
Sec. 22-2. Purpose.
The purpose and objectives of this Ordinance is as follows:
1. To maintain and improve the quality of surface water and groundwater within Calcasieu Parish.
2. To prevent the discharge of contaminated storm water runoff and illicit discharges from industrial, commercial, residential, and construction sites into the municipal separate storm sewer system (MS4) and natural waters affected by Calcasieu Parish.
3. To promote public awareness of the hazards involved in the improper discharge of hazardous substances, petroleum products, household hazardous waste, industrial waste, sediment from construction sites, pesticides, herbicides, fertilizers, and other contaminants into the storm sewers, roadside ditches and natural waters of Calcasieu Parish.
4. To encourage the recycling of used motor oil and safe disposal of other hazardous consumer products.
5. To facilitate compliance with state and federal standards and permits by owners and operators of industrial and construction sites within Calcasieu Parish.
6. To enable Calcasieu Parish to comply with all federal and state laws and regulations applicable to storm water discharges.
Sec. 22-3. Administration.
Except as otherwise provided herein, the Compliance Officer shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted to or duties imposed upon the Compliance Officer shall be carried out by that person and may be delegated by the Compliance Officer to other Calcasieu Parish personnel.
DIVISION 2. ABBREVIATIONS AND DEFINITIONS
Sec. 22-4. Abbreviations.
BMP - Best Management Practices
EPA - U.S. Environmental Protection Agency
LPDES - Louisiana Pollutant Discharge Elimination System
MS4 - Municipal Separate Storm Sewer System
NOI - Notice of Intent
NPDES - National Pollutant Discharge Elimination System
SWPPP - Storm Water Pollution Prevention Plan
USC - United States Code
Sec. 22-5. Definitions.
Agricultural storm water runoff. Any storm water runoff from cultivated crops, pastures, and other non-point source agricultural activities, but not discharges from concentrated animal feeding operations as defined in LAC 33:IX.2315 or discharges from concentrated aquatic animal production facilities as defined in LAC 33:IX.2507.
Best management practices (BMP). schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
Commencement of construction. The disturbance of soils associated with clearing, grading, excavating activities or other construction activities.
Commercial. Pertaining to any business, trade, industry, or other activity engaged in for profit.
Compliance Officer. The person authorized by the Police Jury to enforce the provisions of the ordinance. The Compliance Officer’s duly authorized representative shall serve as the Compliance Officer.
Construction. Any alteration of land for the purpose of achieving its development or changed use, including preparation, building, or erection of a structure, grading, filling, excavating, clearing, or other alteration that physically changes the existing contour or vegetative cover of the site.
Contaminated. Pertaining to containing a harmful quantity of any substance.
Contamination. Pertaining to the presence of or entry into a public water supply system, the MS4, Waters of the State, or Waters of the United States of any substance, which may be deleterious to the public health and/or quality of the water.
Contractor. Any person or firm performing or managing construction work at a construction site including any construction manager, general contractor or subcontractor. Also includes, but is not limited to, earthwork, paving, building, plumbing, mechanical, electrical or landscaping contractors, and material suppliers delivering materials to the site.
Cosmetic cleaning. Pertaining to cleaning done for cosmetic purposes. It does not include industrial cleaning, cleaning associated with manufacturing activities, hazardous or toxic waste cleaning, or any cleaning otherwise regulated under federal, state, or local laws.
Discharge. Any addition or introduction of any pollutant, storm water, or any other substance whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United States.
Discharger. Any person who causes, allows, permits, or is otherwise responsible for, a discharge, including, without limitation, any operator of a construction site or industrial facility.
Domestic sewage. Human excrement, gray water (from home clothes washing, bathing, showers, dishwashing, and food preparation), other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveniences of dwellings, office buildings, industrial sites, and institutions, that is free from industrial waste.
Earthwork. The disturbance of soils on a site associated with clearing, grading, grubbing, or excavation activities.
Environmental Protection Agency (EPA). The United States Environmental Protection Agency, the regional office thereof, any federal department, agency, or commission that may succeed to the authority of the EPA, and any duly authorized official of EPA or such successor agency.
Extremely hazardous substance. Any substance listed in the Appendices to 40 CFR Part 355, Emergency Planning and Notification.
Facility. Any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant.
Final Stabilization. Stabilization of at least 70% of the site as defined in Part IX of the Construction General Permit.
Fire protection water. Any water, and any substance or materials contained therein, used by any person other than the area fire department to control or extinguish a fire.
Garbage. Putrescible animal and vegetable waste materials from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products.
Grading permit. Permit to commence grading or other land disturbance activity prior to obtaining a building/development permit.
Groundwater. Any water residing below the surface of the ground or percolating into or out of the ground.
Harmful quantity. The amount of any substance that the Compliance Officer determines will cause an adverse impact to the storm drainage system or will contribute to the failure of the Parish to meet the water quality based requirements of the LPDES permit for discharges from the MS4.
Hazardous household waste. Any material generated in a household by a consumer which, except for the exclusion provided in 40 CFR Part 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 302.
Hazardous substance (or material). Any substance listed in Table 302.4 of 40 CFR.
Hazardous waste. Any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261.
Illegal Discharge. See illicit discharge.
Illicit Connection. Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drainage system.
Illicit Discharge. Any discharge to the storm drainage system that is prohibited under this Article.
Industrial waste. Any waterborne liquid or solid substance that results from any process of industry, manufacturing, production, trade or business.
LPDES. Louisiana Pollutant Discharge Elimination System.
LPDES permit. A permit issued by the Louisiana Department of Environmental Quality, under authority delegated pursuant to 33 USC 1342(b), that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
Mechanical fluid. Any fluid used in the operation and maintenance of machinery, vehicles and any other equipment, including lubricants, antifreeze, petroleum products, oil and fuel.
Mobile commercial cosmetic cleaning. Any power washing, steam cleaning, and other mobile cosmetic cleaning operation, of vehicles and/or exterior surfaces, engaged in for commercial purposes.
Municipal landfill (or landfill). An area of land or an excavation in which municipal solid waste is placed for permanent disposal, and which is not a land treatment facility, a surface impoundment, an injection well, or a pile.
Municipal separate storm sewer system (MS4). The system of conveyances gutters, ditches, man-made channels or storm drains owned and operated by Calcasieu Parish and designated or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage.
Municipal solid waste. Solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial waste.
NPDES. The National Pollutant Discharge Elimination System.
Non-point source. Any source of any discharge of a pollutant that is not a “point source”.
Notice of intent (NOI). The Notice of Intent that is required by either the Industrial General Permit or the Construction General Permit.
Notice of Termination (NOT). The Notice of Termination that is required by either the Industrial General Permit or the Construction General Permit.
Oil. Any kind of oil in any form, including, but not limited to, petroleum, fuel oil, pressure oil, sludge, oil refuse, and any oils mixed with waste.
Operator. The person or persons who, either individually or taken together, meet the following two criteria: (1) they have operational control over the facility specifications (including the ability to make modifications in specifications); and (2) they have the day-to-day operational control over those activities at the facility necessary to ensure compliance with pollution prevention requirements and any permit conditions.
Owner. The person who owns a facility or part of a facility, or land.
Parish. Calcasieu Parish, State of Louisiana.
Person. Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local entities.
Pesticide. A substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest.
Petroleum product. A petroleum product that is obtained from distilling and processing crude oil, and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel.
Petroleum storage tank. Any one or combination of above ground or underground storage tanks that contain petroleum products and any connecting underground pipes.
Point source. Any discernable, confined, and discrete conveyances, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.
Pollutant. Any substance attributable to water pollution, including but not limited to rubbish, garbage, solid waste, litter, debris, yard waste, pesticides, herbicides, fertilizers, pet waste, animal waste, domestic sewage, industrial waste, sanitary sewage, wastewater, septic tank waste, mechanical fluid, oil, motor oil, used oil, grease, petroleum products, antifreeze, surfactants, solvents, detergents, cleaning agents, paint, heavy metals, toxins, household hazardous waste, small quantity generator waste, hazardous substances, hazardous waste, soil and sediment.
Pollution. The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the State that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness of public enjoyment of the water for any lawful or reasonable purpose.
Private drainage system. All privately or publicly owned ground, surfaces, structures or systems, excluding the MS4, that contribute to or convey storm water, including but not limited to, roofs, gutters, downspouts, lawns, driveways, pavement, roads, streets, curbs, ditches, inlets, drains, catch basins, pipes, tunnels, culverts, channels, detention basins, ponds, draws, swales, streams and any ground surface.
Release. Any spill, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the municipal separate storm sewer system (MS4) or the waters of the United States.
Rubbish. Non-putrescible solid waste, excluding ashes, that consist of (A) combustible waste materials, including paper, rags, cartons, wood, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and (B) noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit).
Sanitary sewer (or sewer). The system of pipes, conduits, and other conveyances, which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to the sewage treatment plants within Calcasieu Parish (and to which storm water, surface water, and groundwater are not intentionally admitted).
Sediment. Soil (or mud) that has been disturbed or eroded and transported naturally by water, wind or gravity, or mechanically by any person.
Septage. Any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
Sewage (or sanitary sewage). The domestic sewage and/or industrial waste that are discharged into the sanitary sewer systems within Calcasieu Parish and passes through the sanitary sewer system to the sewage treatment plants within Calcasieu Parish for treatment.
Site. The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
Solid waste. Any garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material including solid, liquid, semi-solid, or contained gaseous material resulting community and institutional activities.
Stabilization. Providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring.
State. State of Louisiana.
Storm water. Storm water runoff, snow-melt runoff, surface runoff and drainage.
Storm Water Pollution Prevention Plan (SWPPP). A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Storm water, Storm water Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Also, Storm Water Management Plan.
Subdivision Development. Activities associated with the platting of any parcel of land into two or more lots and including all construction activity taking place thereon.
Surface water. Water bodies and any water temporarily residing on the surface of the ground, including oceans, lakes reservoirs, rivers, ponds, streams, puddles channelized flow and runoff.
Uncontaminated. Not containing a harmful quantity of any substance.
Used oil (or used motor oil). Any oil that has been refined from crude oil or a synthetic oil that, as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties but that may be suitable for further use and is recyclable in compliance with State and federal law.
Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
Water quality standard. The designation of a body or segment of surface water in the State for desirable uses and the narrative and numerical criteria deemed by State or Federal regulatory standards to be necessary to protect those uses.
Waters of the State (or water). Any groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the State, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or non-navigable, and including the beds and banks of all water courses and bodies of surface water, that are wholly or partially inside or bordering the State or inside the jurisdiction of the State.
Waters of the United States. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow tide; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of “waters of the United States” at LAC 33:IX.2313; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirement of the federal Clean Water Act.
Wetland. An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Yard waste. Leaves, grass clippings, yard and garden debris, and brush that result from landscaping maintenance and land-clearing operations.
DIVISION 3. USER REQUIREMENTS
Sec. 22-6. General Provisions.
A. No person shall introduce or cause to be introduced into the municipal separate storm sewer system (MS4) any discharge that is not composed entirely of storm water.
B. It is an affirmative defense to any enforcement action for violation of Subsection A of this section that the discharge was composed entirely of one or more of the following categories of discharges:
1. A discharge authorized by, and in full compliance with, an LPDES permit (other than the LPDES permit for discharges from the MS4);
2. A discharge or flow resulting from the fire fighting by the area fire fighting department;
3. A discharge or flow of fire protection water that does not contain oil or hazardous substances or materials;
4. Agricultural water runoff;
5. A discharge or flow from water line flushing, but not including a discharge from water line disinfection by super-chlorination or other means unless it contains no harmful quantities of chlorine or any other chemical used in the line disinfection;
6. A discharge or flow from lawn watering, landscape irrigation, or other irrigation water;
7. A discharge of flow from a diverted stream flow or natural spring;
8. A discharge or flow from uncontaminated pumped groundwater or rising groundwater;
9. Uncontaminated groundwater infiltration (as defined as 40 CFR 35.2005(2) to the MS4);
10. Uncontaminated discharge or flow from a foundation drain, crawl space pump, or footing drain;
11. A discharge or flow from air conditioning condensation that is not mixed with water from a cooling tower, emissions scrubber, emission filter, or any other source of pollutant;
12. A discharge or flow from a potable water source not containing any harmful substance or material from the cleaning or draining of a storage tank or other container;
13. A discharge or flow from individual residential car washing;
14. A discharge or flow from a riparian habitat or wetland;
15. A discharge or flow from water used in street washing that is not contaminated with any soap, detergent, solvent, emulsifier, dispersant, or any other harmful cleaning substance; and
16. Storm water runoff from a roof that is not contaminated by any runoff or discharge from an emissions scrubber or filter or any other source of pollutant.
C. No affirmative defense shall be available under Subsection B of this section if the discharge or flow in question has been determined by the Compliance Officer or their agent to be a source of a pollutant or pollutants to the waters of the United States or to the MS4.
Sec. 22-7. Specific Prohibitions and Requirements.
A. The specific prohibitions and requirements in this section are not inclusive of all the discharges prohibited by the general prohibition in Article III.
B. No person shall introduce or cause to be introduced into the MS4 any discharge that causes or contributes to causing Calcasieu Parish to violate a water quality standard, Calcasieu Parish’s LPDES permit, or any state-issued discharge permit for discharges from its MS4.
C. No person shall dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, or otherwise introduce or cause, allow, or permit to be introduced any of the following substances into the MS4:
1. Any used motor oil, antifreeze, or any other motor vehicle fluid;
2. Any industrial waste.
3. Any hazardous waste, including hazardous household waste;
4. Any domestic sewage or septic tank waste, grease trap waste, or grit trap waste. Disposal of domestic sewage or septic tank waste must be in conformance with Chapter 22 — Sewerage Disposal Regulations of the Code of Ordinances;
5. Any garbage, rubbish, or yard waste;
6. Any wastewater from a commercial carwash facility; from any vehicle washing, cleaning, or maintenance at any new or used automobile or other vehicle dealership, rental agency, body shop, repair shop, or maintenance facility; or from any washing, cleaning, or maintenance of any business or commercial or public service vehicle, including a truck, bus, or heavy equipment, by a business or public entity. (Discharge must meet State-issued permit requirements);
7. Any wastewater from the washing, cleaning, de-icing, or other maintenance of aircraft;
8. Any wastewater from commercial floor, rug, or carpet cleaning;
9. Any effluent from a cooling tower, condenser, compressor, emission scrubber, emission filter, or the blow-down from a boiler;
10. Any discharge from water line disinfection by super-chlorination or other means if it contains any harmful quantity (Refer to MSDS) of chlorine or any other chemical used in line disinfection;
11. Any fire protection water containing oil or hazardous substances or materials;
12. Any water from a water curtain in a spray room used for painting vehicles or equipment;
13. Any contaminated runoff from a vehicle wrecking;
14. Any substance or material that will damage, block, or clog the MS4; and
15. Any release from a petroleum storage tank, or any leachate or runoff from soil contamination by a leaking petroleum storage tank, or any discharge of pumped, confined, or treated wastewater from the remediation of such petroleum storage tank release, unless the discharge satisfies all of the following criteria:
a. Compliance with all state and federal standards and requirements; and
b. No discharge containing harmful quantity of any pollutant.
D. The following non-storm water sources shall not be discharged to the MS4 unless they have been determined by the Parish not to be substantial sources of pollutants to the MS4. The Operator must utilize Best Management Practices to limit discharge of the following non-storm water sources:
1. Any wastewater from a commercial mobile power washer or from the washing or other cleaning of a building exterior that contains any harmful quantity of soap, detergent, degreaser, solvent, or any other harmful cleaning substance;
2. Any wastewater from the wash down or other cleaning of pavement that contains any harmful quantity of soap, detergent, solvent, degreaser, emulsifier, dispersant, or any other cleaning substance;
3. Any wastewater from the wash down or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum or hazardous substance has occurred;
4. Any ready-mixed concrete, mortar, ceramic, or asphalt base material or hydro mulch material, or from the cleaning of commercial vehicles or equipment containing, or used in transporting or applying, such material.
E. No person shall introduce or cause to be introduced into the MS4 any harmful quantity of sediment, silt, earth, soil, or other material associated with clearing, grading, excavation or other construction activities. Such materials shall be retained on site or captured by employing sediment and erosion control measures to the maximum extent practicable.
F. No person shall connect a line conveying sanitary sewage, domestic or industrial, to the MS4, or allow such a connection to continue, unless said connection is in compliance with Chapter 22 — Sewerage Disposal Regulations of the Code of Ordinances.
G. No person shall cause or allow any pavement wash water from a commercial facility to be discharged into a MS4 unless such wastewater has passed through a properly functioning and maintained, grease, oil and sand interceptor before discharging into the MS4.
H. No person shall maliciously destroy or interfere with BMPs implemented pursuant to this Article.
Sec. 22-8. Used Oil Regulation.
No person shall:
1. Discharge used oil into the MS4 or a sewer, drainage system, surface water, groundwater, or watercourse;
2. Knowingly mix or commingle used oil with solid waste that is to be disposed in a landfill or knowingly directly dispose of used oil on land or in a landfill; and
3. Apply used oil to a road or land for dust suppression, weed abatement, or other similar use that introduces used oil into the environment.
Sec. 22-9. Discharge From Equipment Cleaning and Dumpster Areas.
For all new construction of commercial facilities requiring suitable cleaning and supplies such as high pressure pumps, hot water, steam, and detergents necessary for the effective cleaning of equipment and receptacles of solid waste collection must meet the following requirements:
1. Liquid waste generated by cleaning operation cannot be discharged into the MS4 without a valid LPDES permit from the Department of Environmental Quality.
2. Liquid waste generated by cleaning operation not meeting criteria in Sec. 22-9 (1) above, must be approved for discharge to the area sanitary sewer.
DIVISION 4. STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES
Sec. 22-10. General Requirements.
The operator shall certify all State requirements have been met by signing a certification statement as part of the grading application and/or building/development permit application. Refer to current specific LPDES Permit for Site Applicability, Notice of Intent (NOI), and Notice of Termination (NOT) requirements.
1. All operators of construction sites shall use best management practices to control and reduce the discharge, to the MS4 and to waters of the United States, of sediment, silt, earth, soil, and other material associated with the clearing, grading, excavation, and other construction activities to the maximum extent practicable. Such Best Management Practices may include, but not be limited to, the following measures:
a. Ensuring that existing vegetation is preserved where feasible and that disturbed portions of the site are stabilized as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased. Stabilization measures may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation, and other appropriate measures;
b. Use of structural practices to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from the site to the extent feasible;
c. Minimization of the tracking of sediments off-site by vehicles, the generation of dust, and the escape of other windblown waste from the site;
d. Prevention of the discharge of building materials, including cement, lime, concrete, and mortar, to the MS4 or waters of the United States;
e. Providing general good housekeeping measures to prevent and contain spills of paints, solvents, fuels, septic waste, and other hazardous chemicals and pollutants associated with construction, and to assure proper cleaning and disposal of any such spills, in compliance with state, federal, and local requirements;
f. Implementation of proper waste disposal and waste management techniques, including covering waste materials and minimizing ground contact with hazardous chemicals and trash;
g. Timely maintenance of vegetation, erosion and sediment control measures and other best management practices in good and effective operating condition; and
h. Installation of permanent structural measures during the construction process to control pollutants in storm water discharges that will occur after construction operations have been completed (post-construction). These structural measures should be placed on upland soils to the degree attainable. Such installed structural measures may include, but not be limited to, the following: storm water detention structures (including wet ponds); flow attenuation by use of open vegetative swales and natural depressions; other velocity dissipation devices, infiltration of runoff on site; and sequential systems which combine several practices. Operators of construction sites are only responsible for the installation and maintenance of permanent storm water management measures prior to final stabilization of the site, and are not responsible for maintenance after storm water discharges associated with construction activity have terminated.
2. Personnel (provided by the operator of the construction site) shall inspect disturbed areas of any construction site (meeting criteria of current LPDES permit) that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site in accordance with the current LPDES permit. All erosion and sediment control measures and other identified best management practices shall be observed in order to ensure that they are operating correctly and are effective in preventing significant impacts to receiving waters and the MS4. Based on the results of the inspections, best management practices shall be revised as appropriate, and as soon as is practicable.
3. The Parish may require any plans and specifications that are prepared for the construction of site improvements to illustrate and describe the best management practices required by Sec. 22-10 (1) above that will be implemented at the construction site. The Parish may deny approval of any building permit, site development plan, or any other Parish approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the management practices described in the plans or observed upon the site inspection by the Parish are determined not to adequately control and reduce the discharge of sediment, silt, earth, soil, and other materials associated with clearing, grading, excavation, and other construction activities to the maximum extent practicable.
4. Any owner of a site of construction activity, whether or not he/she is an operator, is jointly and severally responsible for compliance with the requirements in this Sec. 22-10.
5. Any contractor or subcontractor on a site of construction activity, who is not an owner or operator, but who is responsible under his/her contract or subcontract for implementing a best management practices control measure, is jointly and severally responsible for any willful or negligent failure on his/her part to adequately implement that control measure if such failure causes or contributes to causing the Parish to violate a water quality standard, the Parish’s LPDES permit, or any other State-issued discharge permit for discharges from its MS4.
6. Based on the results of the inspections required by Sec. 22-10 (2), the site description and/or the pollution prevention measures shall be revised as appropriate, but in no case later than one calendar day followin