DISCLAIMER

The full text of certain NPDES permits and the associated fact sheets has been made available to 

provide online access to this public information. EPA is making permits and fact sheets available 

electronically to provide convenient access for interested public parties and as a reference for 

permit writers. The ownership of these documents lies with the permitting authority, typically a 

State with an authorized NPDES program. 

While EPA makes every effort to ensure that this web site remains current and contains the final 

version of the active permit, we cannot guarantee it is so. For example, there may be some delay 

in posting modifications made after a permit is issued. Also note that not all active permits are 

currently available electronically. Only permits and fact sheets for which the full text has been 

provided to Headquarters by the permitting authority may be made available. Headquarters has 

requested the full text only for permits as they are issued or reissued, beginning November 1, 

2002. 

Please contact the appropriate permitting authority (either a State or EPA Regional office) prior to 

acting on this information to ensure you have the most up-to-date permit and/or fact sheet. EPA 

recognizes the official version of a permit or fact sheet to be the version designated as such and 

appropriately stored by the respective permitting authority. 

The documents are gathered from all permitting authorities, and all documents thus obtained are 

made available electronically, with no screening for completeness or quality. Thus, availability 

on the website does not constitute endorsement by EPA.
NPDES Permit No. AK-000027-2 

United States Environmental Protection Agency

Region 10

1200 Sixth Avenue

Seattle, Washington 98101

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 et seq., as amended by 

the Water Quality Act of 1987, P.L. 100-4 (the "Act" or “CWA”), 

Alyeska Seafoods, Inc. (the "permittee")

303 NE Northlake Way

Seattle, WA 98105

is authorized to discharge from the 

Alyeska Seafoods - Unalaska seafood facility (the "facility"), 

a seafood processing facility classified as SIC No. 2077 and 

located on southeast Amaknak Island in Unalaska, Alaska, 

to 

Unalaska Bay and Iliuliuk Harbor (the "receiving waters"), 

in USGS Hydrologic Unit No. 19030102, through: 

Outfalls Discharge Receiving Water Latitude Longitude 

001 Seafood processing wastewater South Unalaska Bay 53o53'14" N 166o33'06" W 

002 Non-contact cooling water Iliuliuk Harbor 53o52'44" N 166o32'29" W 

003 Scrubber/condenser effluent Iliuliuk Harbor 53o52'45" N 166o32'22" W 

004 At-sea Discharge Outer Unalaska Bay 

in accordance with discharge points, effluent limitations, monitoring requirements and other conditions set 

forth herein. 

The permit shall become effective April 1, 2003.

This permit was modified on May 5, 2003 .

The permit and the authorization to discharge shall expire at midnight, March 31, 2008 

The permittee shall reapply for a permit reissuance on or before October 1, 2007 ,

180 days before the expiration of this permit, if the permittee intends to continue operations and discharges

at the facility beyond the term of this permit.

Signed this 5th day of February 2003 . 

Modified this 5th day of May 2003 . 

/s/ Michael Bussell for 

Randall F. Smith 

Director, Office of Water 

A COPY OF THIS PERMIT MUST BE KEPT AT THE FACILITY WHERE THE DISCHARGES OCCUR. 

In compliance with the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., the Office of Management and Budget has approved the collection of 

information requested in general NPDES permit no. AK-G52-0000 (OMB Control No. 2040-0004, 2040-0086 and 2040-0110). 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 2 of 33

TABLE OF CONTENTS

page 

I. EFFLUENT LIMITS AND MONITORING ....................................... 4

A. Seafood Processing Wastewater, Discharge 001 ............................. 4

1. Treatment requirements ............................................. 4

2. Limitations on biochemical oxygen demand .............................. 4

3. Limitation on floating residues ........................................ 4

4. Limitation on total residual chlorine .................................... 4

5. Limitation on pH ................................................... 4

B. Non-contact Cooling Water, Discharges 002-A ............................... 4

C. Scrubber, Condenser and Evaporator Water, Discharge 003 .................... 5

D. At-sea Discharge, Discharge 004 .......................................... 5

E. Effluent Monitoring ..................................................... 6

F. Other Effluent Conditions ................................................ 7

1. Alaska Water Quality Standards ....................................... 7

2. Mixing zones ...................................................... 7

3. Zone of deposit .................................................... 8

4. Discharge pipe locations ............................................ 8

5. No On-Site Refueling or Discharge of Petroleum .......................... 8

II. BEST MANAGEMENT PRACTICES PLAN ..................................... 9

A. Purpose and Objectives ................................................. 9

B. Documentation ....................................................... 10

C. Certification and Signatory Requirements .................................. 10

D. Modification of the BMP Plan ............................................ 11

III. ANNUAL REPORT ....................................................... 11

A. Purpose and Objectives ................................................ 11

B. Documentation ....................................................... 11

C. Signatory Requirements ................................................ 12

D. Submittal ........................................................... 12

IV. ENVIRONMENTAL MONITORING ........................................... 12

A. Seafloor Monitoring Requirements ........................................ 12

B. Sea Surface and Shoreline Monitoring Requirements ......................... 14

C. Water Quality Monitoring ............................................... 17

D. Annual Petroleum Spill Summary Report ................................... 18

V. QUALITY ASSURANCE REQUIREMENTS .................................... 19

A. Purpose ............................................................ 19

B. Requirements ........................................................ 19

C. EPA Support of Quality Assurance and Control .............................. 20

VI. RECORDING AND REPORTING REQUIREMENTS ............................. 20

A. Records Contents .................................................... 20

This page was Modified on 05/05/2003 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 3 of 33

B. Submittal of Reports ................................................... 21

C. Retention of Records .................................................. 21

D. Twenty-four Hour Notice of Noncompliance Reporting ........................ 21

E. Other Noncompliance Reporting ......................................... 22

VII. COMPLIANCE RESPONSIBILITIES ......................................... 22

A. Duty to Comply ....................................................... 22

B. Penalties for Violations of Permit Conditions ................................ 22

C. Need to Halt or Reduce Activity Not a Defense .............................. 24

D. Duty to Mitigate ...................................................... 24

E. Proper Operation and Maintenance ....................................... 24

F. Bypass of Treatment Facilities ........................................... 24

G. Upset Conditions ..................................................... 25

H. Planned Changes. .................................................... 26

I. Anticipated Noncompliance ............................................. 26

VIII. GENERAL PROVISIONS .................................................. 26

A. Permit Actions ....................................................... 26

B. Duty to Reapply ...................................................... 26

C. Duty to Provide Information ............................................. 26

D. Incorrect Information and Omissions ...................................... 27

E. Signatory Requirements ................................................ 27

F. Availability of Reports .................................................. 28

G. Inspection and Entry ................................................... 28

H. Oil and Hazardous Substance Liability ..................................... 28

I. Property Rights ...................................................... 28

J. Severability .......................................................... 29

K. Transfers ........................................................... 29

L. State Laws .......................................................... 29

M. Re-opener Clause .................................................... 29

IX. DEFINITIONS and ACRONYMS ............................................ 30

Attachment: Conditions Pursuant to Other Statutory Authorities ......................... 35
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 4 of 33 

I. EFFLUENT LIMITS AND MONITORING. 

During the term of the permit, the permittee is authorized to discharge wastewater, solids, 

and residues from the processing of seafood and related support activities at the facility in 

accordance with the following conditions. 

A. Seafood Processing Wastewater, Discharge 001. 

1. Treatment requirements. The permittee shall screen all wastewater, solids and 

residues from the seafood processing lines, floor drains, live-tank water, and 

boat-hold transfer water to one-half millimeter (0.5 mm) width or less prior to 

discharge through its on-site Outfall 001. 

2. Limitations on biochemical oxygen demand. The permittee shall not 

discharge more than the following limits from June 1 to October 31: 

Parameter: Five-day biochemical oxygen demand, BOD5 

(or a surrogate measure based upon COD or TOC, see section I.E) 

Average monthly limit: 90,000 lbs/day 

Maximum daily limit: 144,000 lbs/day 

3. Limitation on floating residues. The permittee shall not discharge effluents which 

cause a foam, film, sheen, scum, or deposit outside of the State-authorized mixing 

zone around the terminus of the seafood processing waste outfall. 

4. Limitation on total residual chlorine. The end-of-pipe total residual chlorine effluent 

limit is set at 0.100 mg/l. EPA will use 0.100 mg/L (the Minimum Detection Level) 

as the compliance evaluation level for this parameter. 

5. Limitation on pH. The permittee shall not discharge process wastewater with a pH 

of less than 6.5 nor more than 8.5 standard units. 

6. Rotary screens and waste conveyances. The permittee shall examine the 

screening and conveyance system regularly when in operation to ensure that the 

solids recovery system is operating effectively and efficiently. The permittee shall 

maintain a written maintenance log of equipment maintenance, to include 

operational problems and the corrective actions. The permittee shall make this 

logbook available upon request by EPA or the Alaska Department of Environmental 

Conservation (ADEC). 

B. Non-contact Cooling Water, Discharge 002-A. 

Non-contact cooling water that is less than 20o C may be discharged to the receiving 

waters through its on-site Outfall 002A in accordance with the mixing zone authorized 

by ADEC. 

This page was Modified on 05/05/2003 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 5 of 33 

C. Scrubber, Condenser and Evaporator Water, Discharge 003. 

Non-contact scrubber, condenser and evaporator water may be discharged to the 

receiving waters through its on-site Outfall 003. 

D. At-sea Discharge, Discharge 004. 

In order to meet these limitations, the permittee may transport and dispose of seafood 

processing wastewater and wastes measuring no more than one half (0.5) inch in width, 

and unground mollusk shells, to a discharge area in outer Unalaska Bay that is more 

than one (1) nautical mile from shore and more than -100 feet in depth at mean lower 

low water (MLLW) while making way at 3 knots or more. 

The permittee shall maintain a written log of its discharges, noting the time, date, 

amount, nature, and location (latitude and longitude in degrees, minutes, and seconds 

as determined by GPS) of these discharges. 

E. Effluent Monitoring. The permittee shall monitor the number of processing days, the amount of flow 

of Discharges 001, 002 and 004, and the temperature of Discharge 002 throughout the year. The permittee 

shall monitor the total suspended solids, settleable solids, pH and total residual chlorine of Discharges 001 

during the months of February, June, July, August, September and October. The permittee shall monitor 

the biochemical oxygen demand of Discharge 001 in June through October. 

Parameter (units) Frequency 1 Sample Type 

Discharge 001: Seafood processing wastewater 

Flow (MGD, i.e., 1,000,000 gal/day) daily meter 

Biochemical Oxygen Demand 2 

(BOD5; mg/L, lbs/day) during June 1 - October 31 

1 per week grab or composite 

Total Suspended Solids (TSS; mg/L and lbs/day) 1 per week grab or composite 

Settleable Solids of Screened Process Wastes 

(ml/L, wet weight 3 of mg/L, lbs/day and lbs/yr) 

1 per week grab or composite 

Total Residual Chlorine (TRC; mg/L)4 year 1 of permit 

Total Residual Chlorine (TRC; mg/L)4

 years 2-5 of permit 

5 days per wk 

1 per week 

grab 

pH (standard units) 1 per week grab 

Discharge 002-A: Non-contact cooling wastewater 

Flow (MGD, i.e., 1,000,000 gal/day) weekly5 record of discharge 

Temperature, °C weekly5 grab or probe 

Discharge 004: At-sea discharges 

This page was Modified on 05/05/2003 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 6 of 33 

Flow (MGD, i.e., 1,000,000 gal/day) daily record of discharge 

1 The permittee is not required to monitor during weeks or months when there is no discharge and may report zero 

as the mass of the discharge and “NA” (not available) for the concentration for a reporting period of zero 

discharge. 

2 Chemical oxygen demand (COD) or total organic carbon (TOC) may be measured to develop a surrogate 

measure of BOD5 if EPA has approved a correlation of BOD5:COD or BOD5:TOC developed by the permittee 

that is consistent with 40 CFR § 133.104. In this case the permittee shall submit both the measurement of the 

original parameter (i.e., COD or TOC) and the translated value of a surrogate BOD5 in its monitoring report. 

3 Wet weight may be determined (1) by determining the volume of solids settled in an Imhoff cone (Standard 

Methods #2540-F; the addition of an emulsion breaker is allowed) and converting from volume to wet weight by 

multiplying the volume of solids by either an EPA-estimated density of 1.17 mg SS/ml or an effluent-specific 

assessment of the density of non-desiccated settleable solids or (2) by developing a facility-specific assessment 

of wet weight using a method approved by EPA and ADEC. 

4 Total residual chlorine is to be measured end-of-pipe five days per week during periods of operation for the first 

year of the permit. The samples and measurements taken must be representative of the volume and nature of 

the monitored discharge. If there are no violations of the end-of-pipe limit after the first year of operation, then 

monitoring frequency can be reduced to one measurement per week. The effluent limits for TRC are not 

quantifiable using EPA-approved analytical methods. EPA will use 0.100 mg/L (the Minimum Level) as the 

compliance evaluation level for this parameter. 

5 Measurements of flow and temperature shall be made on the same day in order to characterize that day. 

1. Monitoring procedures. Monitoring shall be conducted according to test 

procedures approved under 40 CFR Part 136, unless other test procedures have 

been approved by EPA. 

Samples taken in compliance with the effluent monitoring requirements of the 

permit shall be collected from the effluent stream prior to discharge into the 

receiving waters. Samples and measurements shall be representative of the 

volume and nature of the monitored discharge. The permittee shall ensure that all 

effluent monitoring is conducted in compliance with the quality assurance and 

control conditions of the permit (see "Quality Assurance Requirements," below). 

2. Additional monitoring by the permittee. If the permittee monitors any pollutant 

discharged that it is required to monitor by the permit more frequently than the 

permit requires while using test procedures as specified above, the results of this 

monitoring shall be included in the calculation and reporting of the data submitted 

in the discharge monitoring report (DMR). 

3. Report of monitoring results. The permittee shall submit a Discharge Monitoring 

Report (DMR) to EPA and ADEC on a monthly basis by the 20th of the month 

following the month of monitoring (see section VI.B, below). Additionally, an annual 

discharge monitoring report of the results of this effluent monitoring shall be 

submitted to EPA on or before February 14th of the calendar year following the 

monitoring. The annual report shall include tabular presentations of the month, 

date and time of monitoring, and the measurements of production (by producttype), flow and the above effluent parameters. 

4. Modification of monitoring program. The monitoring program may be modified if 

EPA determines that it is appropriate. In addition, modification may be requested 

by ADEC or the permittee. The modified program may include changes in 

monitoring (1) stations, (2) times, (3) frequencies, (4) parameters, or (5) methods. 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 7 of 33 

F. Other Effluent Conditions. 

1. Alaska Water Quality Standards. All discharges shall comply with Alaska Water 

Quality Standards (AWQS; 18 AAC 70). 

2. Mixing zones. ADEC has authorized the following mixing zones. 

a. Mixing Zone for Seafood Processing Wastewater (Discharge 001). The 

mixing zone for discharges from Discharge 001 is defined as follows: 

The mixing zone extends 100 feet distance around the end of the diffuser, 

including the length of the diffuser, and extends vertically up to the sea 

surface and vertically down to the seabed. 

Within this mixing zone, the following water quality criteria may be exceeded: 

temperature, color, turbidity, residues, non-petroleum oil and grease, 

dissolved oxygen, sediment, and total residual chlorine. 

b. Mixing Zone for Non-contact Cooling Wastewater (Discharge 002). The 

mixing zones for discharges from Discharge 002-A is defined as follows: 

A vertical cylinder of 100 foot radius from the point of discharge that extends 

vertically up to the sea surface and vertically down to the seabed. 

Within this mixing zone, the following water quality criteria may be exceeded: 

temperature, color, and turbidity. 

c. Mixing Zone for At-sea Discharges (Discharge 004). The mixing zone for 

discharges from Discharge 004 is defined as follows: 

A width of 230 feet (100 feet to the starboard of the vessel, plus 100 feet to

the port of the vessel, plus 30 feet as the width of the vessel).

A length of 12,200 ft along the tract of the vessel.

A depth of 25 ft down from the sea surface.

Within this mixing zone, the following water quality criteria may be exceeded: 

residues, dissolved oxygen, color, and turbidity.

3. Zone of deposit. The ADEC does not authorize a zone of deposit for this facility. 

The screening of all seafood processing wastes and wastewaters that are 

discharged on-site to 0.5 mm width has resulted in a continuing decrease in the 

volume and area of the waste pile due to natural biodegradation. 

4. Discharge pipe locations. 

a. The permittee shall discharge its seafood processing wastewater (Discharge 

001) through an outfall in the general configuration described in the 

This page was Modified on 05/05/2003 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 8 of 33 

permittee's NPDES application and at depths of minus fifty (-50) feet MLLW 

or deeper. 

b. Non-contact wastewater must be discharged three feet or less above high 

water to minimize the creation of foam in the receiving water. 

c. Any change in outfall configuration will require prior approval by EPA. 

5. No On-Site Refueling or Discharge of Petroleum. No on-site refueling of 

vessels is allowed at the facility. No discharge of petroleum (e.g., diesel, 

kerosene, and gasoline) or hazardous substances is allowed into or upon the 

navigable waters of the U.S., adjoining shorelines, into or upon the waters of the 

contiguous zone which may affect natural resources belonging to, appertaining to, 

or under the exclusive management authority of the U.S. [33 U.S.C.A. 

§ 1321(b)(3)]. 

Any person in charge of a vessel, an onshore facility or an offshore facility shall, as 

soon as he has knowledge of any discharge of oil or a hazardous substances from 

such vessel or facility, immediately notify the U.S. Coast Guard and ADEC as is 

required in the facility’s “Oil Spill Response Plan.” 

II. BEST MANAGEMENT PRACTICES PLAN. 

The permittee shall continue its implementation of a Best Management Practices (BMP) Plan 

during the effective period of this permit and any administrative extensions. 

A. Purpose and Objectives. Through implementation of the BMP Plan requirements, the 

Permittee shall ensure that methods of pollution prevention, control, and treatment will 

be applied to all wastes and other substances to be discharged. The permittee shall 

prevent or minimize the generation and discharge of wastes and pollutants from the 

facility to the waters of the United States through implementation of a BMP Plan. 

Pollution should be prevented or reduced at the source or recycled in an 

environmentally safe manner whenever feasible. Disposal of wastes into the 

environment should be conducted in such a way as to have a minimal environmental 

impact. 

The permittee shall develop its BMP Plan consistent with these objectives. 

1. The number and quantity of wastes and pollutants (esp. BOD5, settleable 

residues, floatable residues, foam, fine particulates, color, oil and grease, and total 

residual chlorine and other disinfectants) shall be minimized by the permittee to the 

extent feasible by managing each effluent waste stream in the most appropriate 

manner. pH shall be maintained between 6.5 and 8.5. 

2. Any Standard Operating Procedures (SOPs) shall ensure proper operation and 

maintenance of the facility and the control of the discharge or potential release of 

pollutants to the receiving water 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 9 of 33 

3. Evaluations for the treatment and control of discharges and potential releases of 

pollutants shall include the following 

a. Each facility component or system shall be examined for its pollutant 

minimization opportunities and its potential for causing a release of significant 

amounts of pollutants to receiving waters due to the failure or improper 

operation of equipment. The examination shall include all normal operations, 

including raw material and product storage areas, in-plant conveyance of 

product, processing and product handling areas, loading or unloading 

operations, wastewater treatment areas, sludge and waste disposal areas, 

and refueling areas. 

b. Equipment shall be examined for potential failure and any resulting release of 

pollutants to receiving waters. Provision should be made for emergency 

measures to be taken in such an event. 

B. Documentation. 

1. The BMP plan shall be consistent with the general guidance contained in the 

publication entitled “Guidance Manual for Developing Best Management 

Practices,” EPA 1993, or its subsequent revisions. 

2. The BMP Plan will be developed in accordance with good engineering practices 

and will be documented as a written plan and include necessary plot plans, 

drawings, or maps. The BMP Plan will be organized and written with the following 

structure: 

a. Name, NPDES permit number and location of the facility; 

b. Statement of BMP policy; 

c. Materials accounting of the inputs, processes, and outputs of the facility 

(a.k.a., mass balance assessment); 

d. Identification and assessment of potential effects of the pollutant discharges; 

e. Specific management practices and standard operating procedures to 

achieve the above objectives, including, but not limited to, 

(1) the modification of equipment, facilities, technology, processes, and 

procedures, and 

(2) the improvement in management, inventory control, materials handling, 

or general operational phases of the facility; 

f. Good housekeeping; 

g. Preventative maintenance; 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 10 of 33 

h. Inspections and records; and 

i. Employee training. 

3. The BMP Plan will include the following provisions concerning its review: 

a. Provide for a review by the facility manager and appropriate staff; and 

b. Include a statement that the above review has been completed and that the 

BMP Plan fulfills the requirements set forth in the permit. This statement 

shall be certified by the dated signature of the facility manager. 

C. Certification and Signatory Requirements. 

The permittee shall submit to EPA written certification, signed by a principal officer or a 

duly appointed representative of the permittee, of the existence and implementation of 

its BMP Plan within 30 days of the effective date of this permit. The permittee shall 

maintain a copy of its BMP Plan at its facility and shall make the plan available to EPA 

and ADEC for review and approval upon request. 

D. Modification of the BMP Plan. 

1. The permittee shall amend the BMP Plan whenever there is a change in the 

facility, its operations, or other circumstances which materially increase the 

generation of pollutants and their release or potential release to the receiving 

waters. The permittee shall also amend the BMP Plan when facility operations 

covered by the BMP Plan change. Any such changes to the BMP Plan will be 

consistent with the objectives and specific requirements listed above. All changes 

in the BMP Plan shall be reviewed and approved by the facility manager. 

2. If a BMP Plan proves to be ineffective in achieving the general objective of 

preventing and minimizing the generation of pollutants and their release and 

potential release to the receiving waters and/or the specific requirements above, 

the permit and/or the BMP Plan will be subject to modification to incorporate 

revised BMP requirements. 

III. ANNUAL REPORT. 

A. Purpose and Objectives. The permittee shall submit an Annual Report whose 

purpose is to inform EPA and ADEC of the use of, discharge to, and potential 

degradation of the receiving waters by the permittee. 

B. Documentation. The permittee shall provide the following information on its 

operations, production, discharges, and incidences of noncompliance in its Annual 

Report. 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 11 of 33 

1. Verification of the permittee's NPDES permit number, facility owner, facility 

operator, name of the facility, mailing address, telephone number, and facsimile 

number. 

2. A summary of incidences of noncompliance with any of the requirements of the 

permit between January 1st through December 31st of the previous year, the 

periods of noncompliance, the reasons for such noncompliance, and the steps 

taken to correct the problem and prevent further occurrences. 

3. A compilation of information on production and discharge during the previous year, 

including 

a. Dates of operation by month. 

b. Type and amount (lbs) of raw seafood inputs per month. 

c. Type and amount (lbs) of seafood products per month. 

d. Type and estimated amount (pounds) of discharged seafood processing 

settleable solid waste residues per month. 

e. Annual number of processing days, amounts of raw products in pounds, 

amounts of finished products in pounds, and amount of seafood processing 

settleable solid waste residues discharged in pounds. 

f. Amount (lbs/day) of BOD5 or surrogate BOD5 discharged per monitored 

month. 

g. Compiled record of effluent parameters monitored throughout the year. 

4. A report of all on-site incidents of an injured and dead Steller’s eider, including 

petroleum-related incidents and collision-related incidents. The report should 

include the nature, time, location and result of the collision and any remedial action 

taken. 

5. A statement of any changes to the permittee's application for a permit (including 

process changes, locations, and production levels). 

C. Signatory Requirements. The permittee shall ensure that the Annual Report is 

signed by a principal officer or a duly appointed representative of the permittee (see 

"Signatory Requirements," below). 

D. Submittal. The permittee shall submit its Annual Report by February 14th of the year 

following each year of operation and discharge under the permit. The permittee shall 

submit its Annual Report to EPA and ADEC in accordance with "Submittal of Reports" 

(below). 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 12 of 33 

IV. ENVIRONMENTAL MONITORING. 

A. Seafloor Monitoring Requirements. 

The permittee shall conduct a seafloor monitoring program to determine compliance 

with the Alaska Water Quality Standard for settleable residues in marine waters and to 

monitor the bioremediation of the historic waste piles. Alaska Administrative Code 

(AAC) Part 18 § 70.020 states that (settleable) residues shall not... “cause a sludge, 

solid, or emulsion to be deposited... on the bottom." 

1. Objectives. The seafloor monitoring program shall characterize the waste deposit 

and determine the configuration, area, and thickness of the continuous deposit of 

sludge, solid, or emulsion on the bottom that persists throughout the year. 

a. Monitoring will provide a scaled map of the area of the continuous deposit of 

waste solid residues, delineating the areas that are greater than (1) one-half 

inch thick, (2) three inches thick, (3) one foot thick, (4) three feet thick, and 

(5) six feet thick. 

b. Monitoring will provide an estimate of the volume of the continuous deposit of 

waste solid residues. 

c. Monitoring will provide an estimate of the change in area, volume and 

maximum thickness of the continuous deposit of waste solid residues from 

the previous survey to the current survey. 

d. Monitoring shall provide a general description and photographic record of 

benthic marine life on and around the deposit of waste solid residues. 

e. Monitoring shall provide at least five photos of the area(s) of deposited 

seafood processing waste in the immediate vicinity of the outfall recorded 

from a distance of two to three (2-3) feet from the surface of the deposit. 

2. Schedule. The permittee shall develop and implement a monitoring program to 

survey the area and volume of its discharge deposit during the period March 

through July of the second and fourth years of the permit. 

3. Safety. The permittee shall inform its candidate diver(s) in writing in both its 

request for proposal and contract for services that a seafloor survey conducted to 

comply with a permit condition shall be conducted in accordance with the 

Occupational Safety and Health Administration’s (OSHA) rules for diving 

operations as set forth in 29 CFR section 1910, subpart T. 

4. Survey plan. The permittee shall develop a survey plan which meets the purpose 

and objectives of the seafloor monitoring program. The survey plan will include 

appropriate procedures to assure and control the accuracy, consistency, and 

quality of monitoring data. The permittee shall submit this survey plan to EPA and 

ADEC for review and approval at least sixty (60) days before the survey takes 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 13 of 33 

place. No response from EPA or ADEC will be interpreted as approval of the 

survey plan. 

5. Monitoring report. The permittee shall submit a report of the seafloor monitoring 

survey which describes the methods and results of the survey. The description of 

the methods will include at least the name, address, and phone number of the 

surveyor, and the date(s) of the survey. The report will include an abstract or 

executive summary which presents a concise description of the study, its 

conclusions, any potential water quality problems identified, and recommendations 

on how the study plan can be improved for subsequent monitoring. The report will 

include a description of the method and equipment used in the survey. The 

description of the results will include at least (1) the area and (2) maximum and 

representative thicknesses of the deposit of waste solid residues, (3) a map of the 

configuration of the deposit in relation to the discharge pipe and the bathymetry of 

the seafloor, and (4) a list of the names of the marine species observed during the 

survey and the relative abundance of each species. 

The monitoring report shall include at least five photos of the area(s) of deposited 

seafood processing waste in the immediate vicinity of the outfall recorded from a 

distance of two to three (2-3) feet from the deposit’s surface. 

6. Submittal. The permittee shall submit a report of the monitoring program to EPA 

and ADEC on or before February 14th of the year following the survey. It is 

recommended that this report be submitted with the Annual Report to EPA and 

ADEC in accordance with "Submittal of Reports" (below). 

7. Signatory requirements. The permittee shall ensure that the monitoring report is 

signed by a principal officer or a duly appointed representative of the permittee. 

The permittee should require any of its contractors or agents responsible for this 

monitoring to certify the truth, accuracy, and completeness of the data reported 

(see "Signatory Requirements," below). 

8. Modification of monitoring program. The monitoring program may be modified if 

EPA determines that it is appropriate. In addition, modification may be requested 

by ADEC or the permittee. The modified program may include changes in survey 

(1) frequency, (2) times, (3) parameters, or (4) methods. 

9. In the 2nd year of the permit, the survey shall be extended to include trace deposits 

of and organic enrichment by seafood processing waste residues out one kilometer 

from the outfall terminus for seafood processing wastes. This far-field survey may 

be coordinated or completed in conjunction with other processors discharging to 

the receiving water. The survey of far-field organic enrichment should be 

conducted using grab or core samples which can characterize the grain size and 

chemistry of the sediment. The study plan for the survey should be developed in 

consultation with EPA and ADEC and shall require the approval of the two 

agencies. The study plan should make full use of previous studies of this impact 

area. 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 14 of 33 

B. Sea Surface and Shoreline Monitoring Requirements. 

1. Purpose. The permittee shall conduct a sea surface and shoreline monitoring 

program to determine compliance with the authorized mixing zone and Alaska water 

quality standards for residues in marine waters. Alaska Administrative Code 

Part 18 § 70.020 states that "(floating solids, debris, foam and scum) shall not... 

cause a film, sheen or discoloration on the surface of the water... or cause a 

sludge, solid or emulsion to be deposited... upon adjoining shorelines." 

The permittee shall also conduct its sea surface monitoring program to identify and 

determine the numbers of species listed as threatened or endangered under the 

Endangered Species Act which occur in the vicinity of the permitted discharges. 

2. Objectives. 

a. Sea surface monitoring will provide daily assessments of the presence and 

amounts of residues and of Steller sea lions and Steller’s eiders on the sea 

surface during the facility’s seafood processing and discharge. 

(1) This monitoring program will inform the permittee of its compliance with 

the Permit limit for residues on the sea surface and provide a timely 

basis for correcting violations when they occur. 

(2) The monitoring of the sea surface shall record the total number of days 

for which observations were made and the date, time, and the incidence 

of occurrence and estimation the areal extent of contiguous films, 

sheens or mats of foam within a 300 feet radius of the end of the 

processing waste outfall and within 300 feet of the seaward physical 

boundary of the facility (e.g., docks and piers). 

(3) The monitoring of the sea surface shall enumerate and locate on scaled 

plane diagrams of the facility, its outfalls and the receiving water the 

occurrence and numbers of animals identified as the Steller sea lion 

(Eumetopias jubatus) and Steller's eider (Polysticta stelleri) within a 

300 feet radius of the end of the processing waste outfall and within 

300 feet of the seaward physical boundary of the facility (e.g., docks and 

piers). 

b. Shoreline monitoring will provide weekly assessments of the presence and 

amounts of residues deposited upon the shore during the facility’s operation 

and discharge. 

(1) This monitoring program will inform the permittee of its compliance with 

the Permit limit for residues on the sea surface and shoreline and 

provide a timely basis for correcting violations when they occur. 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 15 of 33 

(2) The monitoring of the shoreline shall record the total number of days for 

which observations were made and the daily incidence of occurrence 

and estimated areal extent of deposits of seafood waste residues upon 

the shoreline adjacent to and within 300 ft of the facility and its outfall. 

c. The monitoring of the facility grounds, sea surface and adjacent shoreline 

shall enumerate the collision of Steller’s eiders with the physical structures of 

their facilities (e.g., buildings, lights, poles, power lines, guy wires, vessels, 

docks and towers). Monitoring of collisions will include logging the number of 

Steller’s eider observed injured or dead as a result of these structures. Dead 

eiders’ shall be recovered and kept frozen until they can be transferred to 

FWS according to the dead and injured eider handling protocol. Any 

collisions, or suspected collisions between Steller’s eiders and processing 

facilities shall be immediately reported to U.S. Fish and Wildlife Service 

Anchorage Field Office (1-800-272-4147). 

The permittee shall report instances of noncompliance with the Alaska Water 

Quality Standard for residues (see "Reporting of Noncompliance," below). 

3. Schedule. The permittee shall conduct a visual monitoring program during periods 

of processing and discharge. 

4. Monitoring plan. The permittee shall develop a monitoring plan which meets the 

purpose and objectives of the visual monitoring program. The monitoring plan will 

include appropriate procedures to assure and control the accuracy, consistency, 

and quality of monitoring data. 

The permittee shall submit this survey plan to EPA and ADEC for review and 

approval within sixty (60) days of the effective date of this permit. No response 

from EPA and ADEC will be interpreted as approval of the survey plan. 

5. Monitoring report. The permittee shall submit a report of the monitoring survey 

which describes the methods and results of the surveys. The description of the 

methods will include at least the name, address, and phone number of the 

surveyor, and the date(s) of the survey. The report will include an abstract or 

executive summary which presents a concise description of the study, its 

conclusions, any potential water quality problems identified, and recommendations 

on how the study plan can be improved for subsequent monitoring. The report will 

include a description of the method and equipment used in the survey. The 

description of the results will include at least (1) reports of the date and time of 

observations, (2) the nature of any scum, sheen, film, or foam on the sea surface, 

(3) the nature and area of sludge, solids, emulsion, or scum deposited on the 

shoreline, and (4) the incidence of occurrence, numbers and condition of Steller 

sea lions and Steller’s eiders. 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 16 of 33 

The permittee shall submit the report to EPA and ADEC on or before February 14th 

of the year following the survey. It is recommended that this report be submitted 

with the Annual Report to EPA and ADEC in accordance with "Submittal of 

Reports" (below). 

6. Signatory requirements. The permittee shall ensure that the monitoring report is 

signed by a principal officer or a duly appointed representative of the permittee. 

The permittee should require any of its contractors or agents responsible for this 

monitoring to certify the truth, accuracy, and completeness of the data reported 

(see "Signatory Requirements," below). 

7. Modification of monitoring program. The monitoring program may be modified if 

EPA determines that it is appropriate. In addition, modification may be requested 

by ADEC or the permittee. The modified program may include changes in survey 

(1) locations, (2) times, (3) frequencies, (4) parameters, or (5) methods. 

8. Remediation of seafood waste accumulations along the shoreline. In the case of 

an accumulation of seafood wastes along the shoreline in violation of this permit, 

the permittee shall ensure, weather permitting, the removal and disposal of these 

residues to an appropriate site or area within three (3) days of detection. During 

periods of inclement weather which interferes with clean-up activities, the permittee 

shall remove and dispose of these residues within five (5) days of detection. 

C. Water Quality Monitoring. 

The permittee shall conduct a water quality monitoring program of the receiving water to 

determine compliance with the Alaska Water Quality Standard for dissolved gas in 

marine waters. Alaska Administrative Code Part 18 § 70.020 states that "surface 

dissolved oxygen (D.O.) concentration in coastal water may not be less than 6.0 mg/L 

for a depth of one meter except when natural conditions cause this value to be 

depressed” and "D.O. must be greater than or equal to 5 mg/L.” 

1. Purpose and objectives. The permittee shall conduct a study of the effects of its 

seafood processing discharges on dissolved oxygen (D.O.). The studies shall 

achieve these objectives: 

a. Provide water quality measurements at the edge of the mixing zone and 

appropriate near-field, far-field and control stations. 

b. Provide measurements of D.O. concentrations, temperature, salinity, density, 

and depth at one (1) meter intervals throughout the water column from a point 

approximately one meter below the surface to approximately one meter above 

the bottom for each station on each day of monitoring. An initial reading will 

be taken at a point less than one meter below the sea surface to characterize 

the surface layer. 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 17 of 33 

c. Monitoring shall also report instances of noncompliance with the State water 

quality standard for dissolved gas (see "Reporting of Noncompliance," 

below). 

2. Schedule. The permittee shall conduct water quality monitoring of the potential 

dissolved oxygen effects of seafood processing discharges on the receiving water 

every two weeks of July through October during periods of operation and 

discharge. The permittee shall conduct ambient D.O. monitoring during each year 

and any administrative extension of the permit. 

3. Study plans. The permittee shall develop study plans which meet the purpose and 

objectives of the water quality monitoring requirements of this permit. A study plan 

will include appropriate procedures to assure and control the accuracy, 

consistency, and quality of monitoring data. 

The permittee shall submit this study plan to EPA and ADEC for review and 

approval within sixty (60) days of the effective date of this permit. No response 

from EPA and ADEC will be interpreted as approval of a study plan. 

4. Monitoring report. The permittee shall submit a report of all water quality 

monitoring survey, except for salinity and density measurements, which describes 

the methods and results of the survey. The salinity and density measurements 

shall remain on-site for five (5) years or until such time that EPA or ADEC requests 

the measurements, whichever occurs first. The description of the methods will 

include at least the name, address, and phone number of the surveyor, and the 

date(s) of the survey. The report will include an abstract or executive summary 

which presents a concise description of the study, its conclusions, any potential 

water quality problems identified, and recommendations on how the study plan can 

be improved for subsequent monitoring. The report will include a description of the 

method and equipment used in the survey. The description of the results will 

include at least a statistical characterization and graphical representation of the 

extensive dataset generated in the study and a table of relevant survey data for all 

measurements of dissolved oxygen that were less than 6 mg/L in the surface layer 

of one meter depth and that were less than 5 mg/L in the water column below one 

meter depth. 

The permittee shall submit the report to EPA and ADEC on or before February 14th 

of the year following each study. It is recommended that this report be submitted 

with the Annual Report to EPA and ADEC in accordance with "Submittal of 

Reports" (below). 

5. Signatory requirements. The permittee shall ensure that the monitoring report is 

signed by a principal officer or a duly appointed representative of the permittee. 

The permittee should require any of its contractors or agents responsible for this 

monitoring to certify the truth, accuracy, and completeness of the data reported 

(see "Signatory Requirements," below). 

This page was Modified on __/__/____ 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 18 of 33 

6. Modification of monitoring program. The monitoring program may be modified if 

EPA and ADEC determine that it is appropriate. In addition, modification may be 

requested by ADEC or the permittee. The modified program may include changes 

in survey (1) locations, (2) times, (3) frequencies, (4) parameters, or (5) methods. 

D. [REMOVED] 

V. QUALITY ASSURANCE REQUIREMENTS. 

Within 90 days of the effective date of this permit, the permittee shall develop a Quality 

Assurance Plan (QAP) that provides written specification of quality control and assurance 

provisions in effluent and environmental monitoring required by this permit. 

A. Purpose. The purpose of quality assurance and control requirements is to assure the 

integrity and quality of the data collected in the monitoring required by this permit and to 

assist in planning for the collection and analysis of effluent samples and for 

environmental monitoring and in explaining data anomalies when they occur. 

B. Requirements. 

1. Throughout all sample collection and analysis activities, the permittee shall use the 

EPA-approved quality assurance, quality control, and chain-of-custody procedures 

described in EPA QA/R-5 EPA Requirements for Quality Assurance Project Plans 

and EPA QA/G-5 Guidance on Quality Assurance Project Plans. These and other 

useful guidance documents can be found on the Internet at ­

http://www.epa.gov/r10earth/offices/oea/qaindex.htm and 

http://www.epa.gov/r10earth/offices/oea/r0qahome.htm. 

2. The QAP shall address effluent, internal waste stream, ambient water, and ambient 

sediment monitoring. At a minimum, the following information must be provided in 

the QAP: 

a. Sample locations (map and physical description, which includes station 

identification number, latitude, and longitude); 

b. Sample frequency; 

c. Sediment compositing procedures; 

d. Sample handling, storage, transport, and chain-of-custody procedures; 

e. Parameters, preparation and analysis methods, detection limits, and volume 

of sample required for each analyte in each medium (i.e., water or sediment); 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 19 of 33 

f. Number of QC samples, spikes and replicates required for analysis (for 

precision accuracy); 

g. Documentation requirements for the laboratory (i.e., retention or holding time, 

QA/QC procedures for test methods, volume of sample collected, field test 

blanks, etc.); 

h. Organizational responsibilities - who is responsible for QA/QC activities (i.e., 

who takes samples, who reviews the data analysis, etc.); and 

i. Name(s), address(es), and phone number(s) of laboratories used or 

proposed to be used by the permittee. 

3. The permittee is responsible for reviewing and updating the QAP to ensure all 

material is current and applicable. 

4. The permittee shall receive and hold all laboratory bench sheets used in the 

analyses and maintain these records for inspection by EPA or ADEC for a period of 

at least 5 years (see "Retention of Records and Reports" below). 

5. The permittee must amend the QAP whenever there is a modification in the sample 

collection, sample analysis, or conditions or requirements of the QAP. 

6. Copies of the most current QAP must be kept on site and must be made available 

to the Director and ADEC upon request. 

C. EPA Support of Quality Assurance and Control. 

The permittee may obtain copies of all references cited in this permit from the following 

address: 

Quality and Data Management Program

Office of Environmental Assessment

U.S. EPA, Region 10

1200 6th Avenue, OEA-095

Seattle, Washington 98101.

VI. RECORDING AND REPORTING REQUIREMENTS. 

A. Records Contents. All effluent monitoring records shall bear the hand-written 

signature of the person who prepared them. In addition, all records of monitoring 

information shall include: 

1. Date, exact place and time of sampling or measurements, 

2. Names of the individual(s) who performed the sampling or measurements, 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 20 of 33 

3. Date(s) analyses were performed, 

4. Names of the individual(s) who performed the analyses, 

5. Analytical techniques or methods used, and 

6. Results of such analyses. 

B. Submittal of Reports. The permittee shall submit its monthly Discharge Monitoring 

Report by the 20th of the month following the month of monitoring. The permittee shall 

submit its annual report by February 14th of the year following each year of operation 

and discharge under this Permit. The permittee shall submit its original reports to: 

U.S. Environmental Protection Agency Region 10

Attention: Alaska seafood processing industry monitoring 

NPDES Compliance Unit (OW-133)

1200 Sixth Avenue

Seattle, Washington 98101

and, a copy to: 

Alaska Department of Environmental Conservation

Attention: Air and Water Quality Division

410 Willoughby, Suite 303

Juneau, Alaska 99801-1795

C. Retention of Records. A permittee shall retain records of all monitoring information, 

including but not limited to, all calibration and maintenance records, copies of all reports 

required by this Permit, a copy of this Permit, and records of all data used to complete 

the application for this Permit, for a period of at least five years from the date of the 

sample, measurement, report or application, or for the term of this Permit, whichever is 

longer. This period may be extended by request of EPA or ADEC at any time. 

D. Twenty-four Hour Notice of Noncompliance Reporting. 

1. A permittee shall report the following occurrences of noncompliance to EPA by 

telephone (206-553-1846) and to ADEC (907-465-5300) within 24 hours from the 

time a permittee becomes aware of the circumstances: 

a. any discharge(s) to the receiving waters not authorized for coverage under 

this Permit including, but not limited to, waters described in Part III, listed in 

Appendices A or B, or depicted in Appendix C; 

b. any noncompliance that may endanger health or the environment; 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 21 of 33 

c. any unanticipated bypass that results in or contributes to an exceedance of 

any effluent limitation in this Permit; 

d. any upset that results in or contributes to an exceedence of any effluent 

limitation in this Permit; or 

e. any violation of a maximum daily discharge limitation for any of the pollutants 

listed in this Permit. 

2. A permittee shall also provide a written submission within five days of the time that 

a permittee becomes aware of any event required to be reported under subpart 1 

above. The written submission shall contain: 

a. a description of the noncompliance and its cause; 

b. the period of noncompliance, including exact dates and times; 

c. the estimated time noncompliance is expected to continue if it has not been 

corrected; and 

d. steps taken or planned to reduce, eliminate and prevent reoccurrence of the 

noncompliance. 

3. EPA may, at its sole discretion, waive the written report on a case-by-case basis if 

the oral report has been received within 24 hours by the NPDES Compliance in 

Seattle, Washington, by telephone, (206) 553-1846. 

4. Reports shall be submitted to the addresses in Part VI.B of this Permit. 

E. Other Noncompliance Reporting. A permittee shall report all instances of 

noncompliance, not required to be reported within 24 hours, with the annual report. 

VII. COMPLIANCE RESPONSIBILITIES. 

A. Duty to Comply. A permittee shall comply with all conditions of this Permit. Any 

permit noncompliance constitutes a violation of the Act and is grounds for enforcement 

action, for permit termination, revocation and reissuance, or modification, or for denial of 

a permit renewal application. 

B. Penalties for Violations of Permit Conditions. 

1. Civil and Administrative Penalties. Pursuant to 40 CFR Part 19 and the Act, any 

person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any 

permit condition or limitation implementing any such sections in a permit issued 

under section 402, or any requirement imposed in a pretreatment program 

approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 22 of 33 

penalty not to exceed the maximum amounts authorized by Section 309(d) of the 

Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. § 2461 note) 

as amended by the Debt Collection Improvement Act (31 U.S.C. § 3701 note) 

(currently $27,500 per day for each violation). 

2. Administrative Penalties. Any person may be assessed an administrative penalty 

by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of 

this Act, or any permit condition or limitation implementing any of such sections in a 

permit issued under section 402 of this Act. Pursuant to 40 CFR 19 and the Act, 

administrative penalties for Class I violations are not to exceed the maximum 

amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil 

Penalties Inflation Adjustment Act (28 U.S.C. § 2461 note) as amended by the Debt 

Collection Improvement Act (31 U.S.C. § 3701 note) (currently $11,000 per 

violation, with the maximum amount of any Class I penalty assessed not to exceed 

$27,500). Pursuant to 40 CFR 19 and the Act, penalties for Class II violations are 

not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act 

and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. § 2461 note) as 

amended by the Debt Collection Improvement Act (31 U.S.C. § 3701 note) 

(currently $11,000 per day for each day during which the violation continues, with 

the maximum amount of any Class II penalty not to exceed $137,500). 

3. Criminal Penalties: 

a. Negligent Violations. The Act provides that any person who negligently 

violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any 

condition or limitation implementing any of such sections in a permit issued 

under section 402 of the Act, or any requirement imposed in a pretreatment 

program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject 

to criminal penalties of $2,500 to $25,000 per day of violation, or 

imprisonment of not more than 1 year, or both. In the case of a second or 

subsequent conviction for a negligent violation, a person shall be subject to 

criminal penalties of not more than $50,000 per day of violation, or by 

imprisonment of not more than 2 years, or both. 

b. Knowing Violations. Any person who knowingly violates such sections, or 

such conditions or limitations is subject to criminal penalties of $5,000 to 

$50,000 per day of violation, or imprisonment for not more than 3 years, or 

both. In the case of a second or subsequent conviction for a knowing 

violation, a person shall be subject to criminal penalties of not more than 

$100,000 per day of violation, or imprisonment of not more than 6 years, or 

both. 

c. Knowing Endangerment. Any person who knowingly violates section 301, 

302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or 

limitation implementing any of such sections in a permit issued under section 

402 of the Act, and who knows at that time that he thereby places another 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 23 of 33 

person in imminent danger of death or serious bodily injury, shall, upon 

conviction, be subject to a fine of not more than $250,000 or imprisonment of 

not more than 15 years, or both. In the case of a second or subsequent 

conviction for a knowing endangerment violation, a person shall be subject to 

a fine of not more than $500,000 or by imprisonment of not more than 30 

years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the 

Act, shall, upon conviction of violating the imminent danger provision, be 

subject to a fine of not more than $1,000,000 and can be fined up to 

$2,000,000 for second or subsequent convictions. 

d. False Statements. The Act provides that any person who falsifies, tampers 

with, or knowingly renders inaccurate any monitoring device or method 

required to be maintained under this permit shall, upon conviction, be 

punished by a fine of not more than $10,000, or by imprisonment for not more 

than 2 years, or both. If a conviction of a person is for a violation committed 

after a first conviction of such person under this paragraph, punishment is a 

fine of not more than $20,000 per day of violation, or by imprisonment of not 

more than 4 years, or both. The Act further provides that any person who 

knowingly makes any false statement, representation, or certification in any 

record or other document submitted or required to be maintained under this 

permit, including monitoring reports or reports of compliance or 

non-compliance shall, upon conviction, be punished by a fine of not more 

than $10,000 per violation, or by imprisonment for not more than 6 months 

per violation, or by both. 

C. Need to Halt or Reduce Activity Not a Defense. It shall not be a defense for a 

permittee in an enforcement action that it would have been necessary to halt or reduce 

the permitted activity in order to maintain compliance with the conditions of this Permit. 

D. Duty to Mitigate. A permittee shall take all reasonable steps to minimize or prevent 

any discharge in violation of this Permit that has a reasonable likelihood of adversely 

affecting human health or the environment. 

E. Proper Operation and Maintenance. A permittee shall at all times properly operate 

and maintain all facilities and systems of treatment and control (and related 

appurtenances) that are installed or used by a permittee to achieve compliance with the 

conditions of this Permit. Proper operation and maintenance also includes adequate 

laboratory controls and appropriate quality assurance procedures. This provision 

requires the operation of back-up or auxiliary facilities or similar systems only when the 

operation is necessary to achieve compliance with the conditions of this Permit. 

F. Bypass of Treatment Facilities. 

1. Bypass not exceeding limitations. A permittee may allow any bypass to occur that 

does not cause effluent limitations to be exceeded, but only if it also is for essential 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 24 of 33 

maintenance to assure efficient operation. These bypasses are not subject to the 

provisions of paragraphs 2 and 3 of this Part. 

2. Notice. 

a. Anticipated bypass. If a permittee knows in advance of the need for a 

bypass, it shall submit prior notice, if possible at least 10 days before the 

date of the bypass. 

b. Unanticipated bypass. A permittee shall submit notice of an unanticipated 

bypass as required under Part VII.F ("Twenty-four hour notice of 

noncompliance reporting"). 

3. Prohibition of bypass. 

a. Bypass is prohibited and EPA or ADEC may take enforcement action against 

a permittee for a bypass, unless: 

(1) The bypass was unavoidable to prevent loss of life, personal injury or 

severe property damage; 

(2) There were no feasible alternatives to the bypass, such as the use of 

auxiliary treatment facilities, retention of untreated wastes, or 

maintenance during normal periods of equipment downtime. This 

condition is not satisfied if adequate back-up equipment shall have been 

installed in the exercise of reasonable engineering judgment to prevent a 

bypass that occurred during normal periods of equipment downtime or 

preventive maintenance; and 

(3) A permittee submitted notices as required under paragraph 2 of this 

Part. 

b. EPA and ADEC may approve an anticipated bypass, after considering its 

adverse effects, if EPA and ADEC determine that it will meet the three 

conditions listed above in paragraph 3.a of this Part. 

G. Upset Conditions. 

1. Effect of an upset. An upset constitutes an affirmative defense to an action 

brought for noncompliance with such technology-based permit effluent limitations if 

a permittee meets the requirements of paragraph 2 of this Part. No determination 

made during administrative review of claims that noncompliance was caused by 

upset and before an action for noncompliance, is final administrative action subject 

to judicial review. 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 25 of 33 

2. Conditions necessary for a demonstration of upset. To establish the affirmative 

defense of upset, a permittee shall demonstrate, through properly signed, 

contemporaneous operating logs, or other relevant evidence that: 

a. An upset occurred and that a permittee can identify the cause(s) of the upset; 

b. The permitted facility was at the time being properly operated; 

c. A permittee submitted notice of the upset as required under Part VII.F 

("Twenty-four hour notice of noncompliance reporting) and 

d. A permittee complied with any remedial measures required under Part VIII.D 

("Duty to Mitigate"). 

3. Burden of proof. In any enforcement proceeding, a permittee seeking to establish 

the occurrence of an upset has the burden of proof. 

H. Planned Changes. A permittee shall give notice to EPA and ADEC as soon as 

possible of any planned physical alterations or additions to the permitted facility 

whenever: 

1. The alteration or addition to a permitted facility may meet one of the criteria for 

determining whether a facility is a new source as determined in 40 CFR 

§ 122.29(b); or 

2. The alteration or addition could significantly change the nature or increase the 

quantity of pollutants discharged. This notification applies to pollutants that are not 

subject to effluent limitations in this Permit. 

A permittee shall give notice to EPA and ADEC as soon as possible of any planned 

changes in process or chemical use whenever such change could significantly 

change the nature or increase the quantity of pollutants discharged. 

I. Anticipated Noncompliance. A permittee shall also give advance notice to EPA and 

ADEC of any planned changes in the permitted facility or activity that may result in 

noncompliance with this Permit. 

VIII. GENERAL PROVISIONS. 

A. Permit Actions. This Permit may be modified, revoked and reissued, or terminated for 

cause. The filing of a request by a permittee for a permit modification, revocation and 

reissuance, or termination, or a notification of planned changes or anticipated 

noncompliance, does not stay any permit condition. 

B. Duty to Reapply. If a permittee intends to continue an activity regulated by this Permit 

after the expiration date of this Permit, a permittee must apply for and obtain a new 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 26 of 33 

permit. The application shall be submitted to EPA at least 60 days before the expiration 

date of this Permit. Receipt of a timely Notice of Intent will administratively extend 

authorization to discharge until a new permit is reissued. 

C. Duty to Provide Information. A permittee shall furnish to EPA and ADEC, within the 

time specified in the request, any information that EPA or ADEC may request to 

determine whether cause exists for modifying, revoking and reissuing, or terminating 

this Permit, or to determine compliance with this Permit. A permittee shall also furnish 

to EPA or ADEC, upon request, copies of records required to be kept by this Permit. 

D. Incorrect Information and Omissions. When a permittee becomes aware that it 

failed to submit any relevant facts in a permit application, or that it submitted incorrect 

information in a permit application or any report to EPA or ADEC, it shall promptly 

submit the omitted facts or corrected information. 

E. Signatory Requirements. All applications, reports or information submitted to EPA 

and ADEC shall be signed and certified. 

1. All permit applications shall be signed as follows: 

a. For a corporation: by a principal corporate officer. 

b. For a partnership or sole proprietorship: by a general partner or the 

proprietor, respectively. 

c. For a municipality, state, tribe, federal or other public agency: by either a 

principal executive officer or ranking elected official. 

2. All reports required by this Permit and other information requested by EPA or 

ADEC shall be signed by a person described above or by a duly authorized 

representative of that person. A person is a duly authorized representative only if: 

a. The authorization is made in writing by a person described above and 

submitted to EPA and ADEC, and 

b. The authorization specifies either an individual or a position having 

responsibility for the overall operation of the regulated facility or activity, such 

as the position of plant manager, superintendent, position of equivalent 

responsibility, or an individual or position having overall responsibility for 

environmental matters for the permittee. (A duly authorized representative 

may thus be either a named individual or any individual occupying a named 

position.) 

3. Changes to authorization. If an authorization under subpart 2 above is no longer 

accurate because a different individual or position has responsibility for the overall 

operation of the facility, a new authorization satisfying the requirements of 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 27 of 33 

subpart 2 must be submitted to EPA and ADEC prior to or together with any 

reports, information or applications to be signed by an authorized representative. 

4. Certification. Any person signing a document under this Part shall make the 

following certification: 

"I certify under penalty of law that this document and all attachments were 

prepared under my direction or supervision in accordance with a system designed 

to assure that qualified personnel properly gather and evaluate the information 

submitted. Based on my inquiry of the person or persons who manage the system, 

or those persons directly responsible for gathering the information, the information 

submitted is, to the best of my knowledge and belief, true, accurate and complete. 

I am aware that there are significant penalties for submitting false information, 

including the possibility of fine and imprisonment for knowing violations." 

F. Availability of Reports. Except for data determined to be confidential under 

40 CFR § 2, all reports prepared in accordance with this Permit shall be available for 

public inspection at the offices of the state water pollution control agency and EPA and 

ADEC. As required by the Act, permit applications, permits and effluent data shall not 

be considered confidential. 

G. Inspection and Entry. A permittee shall allow EPA, ADEC, or an authorized 

representative (including an authorized contractor acting as a representative of the 

Administrator), upon the presentation of credentials and other documents as may be 

required by law, to: 

1. Enter upon a permittee's premises where a regulated facility or activity is located or 

conducted, or where records must be kept under the conditions of this Permit; 

2. Have access to and copy, at reasonable times, any records that must be kept 

under the conditions of this Permit; 

3. Inspect at reasonable times any facilities, equipment (including monitoring and 

control equipment), practices or operations regulated or required under this Permit; 

and 

4. Sample or monitor at reasonable times, for the purpose of assuring permit 

compliance or as otherwise authorized by the Act, any substances or parameters at 

any location. 

H. Oil and Hazardous Substance Liability. Nothing in this Permit shall be 

construed to preclude the institution of any legal action or relieve a permittee from 

any responsibilities, liabilities or penalties to which a permittee is or may be 

subject under Section 311 of the Clean Water Act or under the Oil Pollution Act. 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 28 of 33 

I. Property Rights. The issuance of this Permit does not convey any property rights of 

any sort or any exclusive privileges, nor does it authorize any injury to private property 

or any invasion of personal rights, nor any infringement of federal, state or local laws or 

regulations. 

J. Severability. The provisions of this Permit are severable. If any provision of this 

Permit or the application of any provision of this Permit to any circumstance, is held 

invalid, the application of such provision to other circumstances and the remainder of 

this Permit, shall not be affected thereby. 

K. Transfers. This Permit may be automatically transferred to a new permittee if: 

1. The current permittee notifies EPA at least 60 days in advance of the proposed 

transfer date; 

2. The notice includes a written agreement between the existing and new permittees 

containing a specific date for transfer of permit responsibility, coverage and liability 

between them; and 

3. EPA does not notify the existing permittee and the proposed new permittee of its 

intent to modify, or revoke and reissue the permit. 

If the notice described in subpart 3 above is not received, the transfer is effective 

on the date specified in the agreement mentioned in subpart 2 above. 

L. State Laws. Nothing in this Permit shall be construed to preclude the institution of any 

legal action or relieve a permittee from any responsibilities, liabilities or penalties 

established pursuant to any applicable state law or regulation under authority preserved 

by Section 510 of the Act. 

M. Re-opener Clause. 

1. This Permit shall be modified or, alternatively, revoked and reissued, to comply 

with any applicable effluent standard or limitation issued or approved under 

Sections 301(b)(2)(C) and (D), 304(b)(2) and 307(a)(2) of the Act, as amended, if 

the effluent standard, limitation or requirement so issued or approved: 

a. Contains different conditions or is otherwise more stringent than any 

condition in this Permit; or 

b. Controls any pollutant or disposal method not addressed in this Permit. 

This Permit as modified or reissued under this paragraph shall also contain any 

other requirements of the Act then applicable. 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 29 of 33 

2. This Permit may be reopened to adjust any effluent limitations if future water 

quality studies, waste load allocation determinations, or changes in water quality 

standards show the need for different requirements. 

IX. DEFINITIONS and ACRONYMS. 

AAC means Alaska Administrative Code. 

ADEC means Alaska Department of Environmental Conservation. 

ADFG means Alaska Department of Fish and Game. 

ADGC means State of Alaska, Division of Governmental Coordination. 

At-sea means a receiving water that is both (1) more than one nautical mile from shore and 

(2) in water deeper than minus 120 ft MLLW. 

BMP means best management practices. 

Bypass means the intentional diversion of waste streams from any portion of a treatment 

facility. [See Part IV.G.] 

CFR means the Code of Federal Regulations. 

Cooling water means once-through non-contact cooling water. 

CWA means the Clean Water Act. 

Daily discharge means the discharge of a pollutant measured during a calendar day or any 

24-hour period that reasonably represents the calendar day for purposes of sampling. For 

pollutants with limitations expressed in units of mass, the "daily discharge" is calculated as 

the total mass of the pollutant discharged over the day. For pollutants with limitations 

expressed in other units of measurement, the "daily discharge" is calculated as the average 

measurement of the pollutant over the day. 

Discharge of a pollutant means any addition of any "pollutant" or combination of pollutants 

to "waters of the United States" from any "point source". 

Domestic wastes means materials discharged from showers, sinks, safety showers, eyewash stations, hand-wash stations, fish-cleaning stations, galleys and laundries. 

EPA means the United States Environmental Protection Agency. 

Excluded area means an area not authorized as a receiving water covered under this 

general NPDES permit, as described in Part III.A-D, listed in Appendix A, and depicted in 

Appendix B. 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 30 of 33 

Fixed location means the outfall(s) (past and present) of an on-shore facility or the 

anchorage of a vessel within a circular area with a radius equal to one-half (0.5) nautical 

mile. 

FWS means United States Fish and Wildlife Service. 

Garbage means all kinds of victual, domestic and operational waste, excluding fresh fish 

and part thereof, generated during the normal operation and liable to be disposed of 

continuously or periodically except dishwater, gray water and those substances that are 

defined or listed in other Annexes to MARPOL 73/78. 

Gray water means galley, bath and shower wastewater. 

Living benthic substrate means intertidal and seafloor communities of benthic plants (e.g., 

macro-algae and kelp) and animals (e.g., mussels, tube-building polychaete worms, and 

erect bryozoans) in dense aggregations. The Habitat Conservation Division of NMFS may 

be contacted at 907-271-5006 (Anchorage) or 907-586-7235 (Juneau) for further guidance 

on and the known locations of living substrates and other Habitat Areas of Particular 

Concern listed under the Essential Fish Habitat section of the Magnuson Fishery 

Conservation and Management Act. 

Marine sanitation device includes any equipment for installation on board a vessel which is 

designed to receive, retain, treat or discharge sewage, or any process to treat such sewage. 

Maximum means the highest measured discharge or pollutant in a waste stream during the 

time period of interest. 

MLLW means mean lower low water. 

mg/l means milligrams per liter. 

Mince means finely chopped seafood, particularly fish. 

Mixing zone means the area adjacent to a discharge or activity in the water where a 

receiving water may not meet all the water quality standards; wastes and water are given an 

area to mix so that the water quality standards are met at the mixing zone boundaries. 

Monthly average means the average of daily discharges over a monitoring month, 

calculated as the sum of all daily discharges measured during a monitoring month divided by 

the number of daily discharges measured during that month. 

NMFS means United States National Marine Fisheries Service. 

NOI means a "Notice of Intent," that is, an application, to be authorized to discharge under a 

general NPDES permit. [See Attachment A for NOI form.] 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 31 of 33 

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, 

garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive 

materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, 

municipal and agricultural waste discharged into water. In the case of seafood processing 

wastes discharged in remote locations of Alaska, EPA Region 10 has determined that the 

calcareous shells of scallops, clams, oysters and abalones and the calcareous tests of sea 

urchins are not pollutants which must be ground to one-half inch prior to discharge. 

Pollution means the man-made or man induced alteration of the chemical, physical, 

biological or radiological integrity of the water. 

Prohibited (catch) species means those species identified in 50 CFR § 679.21(b)(1), 

including salmon, herring, crab and halibut, that are prohibited to be retained by groundfish 

trawl fishing vessels. Any such species inadvertently taken in connection with groundfish 

fishing operations are required to be sorted and all prohibited (catch) species or parts 

thereof are to returned to the sea immediately, with a minimum of injury [50 CFR § 

679.21(b)(ii)]. 

Sanitary wastes means human body waste discharged from toilets and urinals. 

Seafood means the raw material, including freshwater and saltwater fish and shellfish, to be 

processed, in the form in which it is received at the processing plant. 

Seafood processing settleable solid waste residue means the solids produced in the 

processing of raw seafood to finished product. 

Seafood processing waste means the waste fluids, organs, flesh, bones, woody fiber and 

chitinous shells produced in the conversion of aquatic animals and plants from a raw form to 

a marketable form. 

Seafood processing waste residue means the floating solids, debris, sludge, deposits, 

foam, and scum produced in the processing of raw seafood to finished product. 

Severe property damage means substantial physical damage to property, damage to the 

treatment facilities which causes them to become inoperable, or substantial and permanent 

loss of natural resources which can reasonably be expected to occur in the absence of a 

bypass. Severe property damage does not mean economic loss caused by delays in 

production. 

Sewage means human body wastes and the wastes from toilets and other receptacles 

intended to receive or retain body wastes. 

Surrogate BOD5 means a chemical measurement of either chemical oxygen demand (COD) 

or total organic carbon (TOC) that has been developed as a surrogate measure of BOD5 

consistent with 40 CFR § 133.104 if EPA has approved a correlation of BOD5:COD or 

BOD5:TOC developed by the permittee for its facility. In the case of using a surrogate 
Alyeska Seafoods - Unalaska facility AK-000027-2 

NPDES Permit page 32 of 33 

chemical measurement for BOD5, the permittee shall submit both the measurement of the 

original parameter (i.e., COD or TOC) and the translated value of a surrogate BOD5 in its 

monitoring report. 

Unwashed mince means minced fish which is neither washed nor dewatered and is frozen 

into blocks. 

Upset means an exceptional incident in which there is unintentional and temporary 

noncompliance with technology-based permit effluent limitations because of factors beyond 

the reasonable control of the permittee. An upset does not include noncompliance to the 

extent caused by operational error, improperly designed treatment facilities, inadequate 

treatment facilities, lack of preventive maintenance, or careless or improper operation. [See 

Part IV.H.] 

U.S.C.A. means United States Code Annotated. 

Washed mince means minced fish which is washed, dewatered and frozen into blocks. 

"Surimi" is included in this classification. 

Water depth means the depth of the water between the surface and the seafloor as 

measured at mean lower low water (0.0). 

Zone of deposit (ZOD) means the total area of the bottom in marine or estuarine waters in 

which the Alaska Department of Environmental Conservation has authorized the deposit of 

substances in exceedence of the water quality criteria of 18 AAC 70.020(b) and the 

antidegradation requirement of 18 AAC 70.0101(c). 
Alyeska Seafoods AK-000027-2 

NPDES Permit, proposed final page 33 of 33 

ATTACHMENT A: Table of Conditions pursuant to Selected Other Authorities 

Table of Conditions Required pursuant to Selected Other Authorities 

FWS = U.S. Fish and Wildlife Service; NMFS = National Marine Fisheries Service 

Condition Agency Authority 

Any seafood processing facility discharge which results in the harassment of a marine 

mammal is a ‘taking’ in violation of the Marine Mammal Protection Act (MMPA), unless 

specifically authorized by the National Marine Fisheries Service (NMFS) or the U.S. Fish and 

Wildlife Service (FWS). 

FWS 

and 

NMFS 

Marine Mammal Protection Act 

No discharge of petroleum (e.g., diesel, kerosene, and gasoline) or hazardous substances is 

allowed into or upon the navigable waters of the U.S., adjoining shorelines, into or upon the 

waters of the contiguous zone which may affect natural resources belonging to, appertaining 

to, or under the exclusive management authority of the U.S. [33 U.S.C.A. § 1321(b)(3)]. Any 

person in charge of a vessel, an onshore facility or an offshore facility shall, as soon as he 

has knowledge of any discharge of oil or a hazardous substances from such vessel or facility, 

immediately notify the U.S. Coast Guard's Command Center (1-800-478-5555) and ADEC's Oil 

Spill Prevention and Emergency Response Hotline (1-800-478-9300) of such discharge. 

FWS 

and 

NMFS 

Endangered Species Act 

and 

Fishery Conservation and 

Management Act