NPDES Permit No. AK-G52-0000

United States Environmental Protection Agency, Region 10

1200 Sixth Avenue, OW-130

Seattle, Washington 98101

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FOR

SEAFOOD PROCESSORS IN ALASKA

In compliance with the provisions of the Clean Water Act, 33 U.S.C.A. § 1251 et seq. (hereafter,

CWA or the Act), the owners and operators of the seafood processing facilities that are

described in Part I of this general National Pollutant Discharge Elimination System (NPDES)

permit are authorized to discharge seafood processing wastes and the concomitant wastes set

out in Part II of this Permit to waters of the United States, except those excluded from

authorization of discharge in Part III of this Permit, in accordance with effluent limitations,

monitoring requirements and other conditions set forth herein. The discharge of wastes not

specifically set out in Part II of this Permit is not authorized under this Permit.

Upon the effective date of this Permit, it is the controlling document for regulation of seafood

processing wastes and other designated wastewaters in the State of Alaska discharged by 

authorized facilities in accordance with this Permit.

This Permit shall become effective July 27, 2001.

This Permit and the authorization to discharge shall expire at midnight July 27, 2006. 

Signed this 18th day of July, 2001. 

/s/ Randall F. Smith______

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).
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TABLE OF CONTENTS

page

I. AUTHORIZED FACILITIES .................................................. 5

A. Categories of authorized dischargers ....................................... 5

B. Unauthorized dischargers ................................................. 5

II. AUTHORIZED DISCHARGES ................................................ 5

A. Discharges from seafood processing facilities ................................ 5

B. Unauthorized discharges .................................................. 6

III. AREAS EXCLUDED FROM AUTHORIZATION UNDER THIS GENERAL NPDES

PERMIT .................................................................. 7

A. Protected water resources, critical habitats and special areas ................... 7

B. At-risk water resources and waterbodies ..................................... 8

C. Degraded waterbodies ................................................... 8

D. Small waterbodies ....................................................... 8

E. Areas covered by other general NPDES permits .............................. 9

F. Waiver to discharge in the excluded areas ................................... 9

IV. APPLICATION TO BE PERMITTED UNDER THIS GENERAL NPDES PERMIT ...... 9

A. Submittal of a Notice of Intent to be covered under this general NPDES permit ...... 9

B. What constitutes a “timely” submittal of a Notice of Intent ...................... 10

C. What constitutes a "complete" submittal of a Notice of Intent .................... 11

D. How does an applicant request a waiver to discharge in an excluded area under this

general NPDES permit .................................................. 14

V. CATEGORIES OF PERMITTEES AND REQUIREMENTS ....................... 15

A. Off-shore seafood processors ............................................ 15

B. Near-shore seafood processors .......................................... 17

C. Shore-based seafood processors ......................................... 21

VI. SPECIFIC WASTE MINIMIZATION AND MONITORING REQUIREMENTS .......... 26

A. Best management practices plan .......................................... 26

B. Annual report .......................................................... 28

C. Seafloor monitoring requirements .......................................... 30

D. Sea surface and shoreline monitoring requirements ........................... 36

VII. RECORDING AND REPORTING REQUIREMENTS ............................ 38

A. Records contents ....................................................... 38

B. Retention of records .................................................... 39

C. Twenty-four hour notice of noncompliance reporting ........................... 39

D. Other noncompliance reporting ............................................ 40
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VIII. COMPLIANCE RESPONSIBILITIES .......................................... 40

A. Duty to comply ......................................................... 40

B. Penalties for violations of permit conditions .................................. 40

C. Need to halt or reduce activity not a defense ................................. 41

D. Duty to mitigate ......................................................... 42

E. Proper operation and maintenance ........................................ 42

F. Bypass of treatment facilities ............................................. 42

G. Upset conditions ....................................................... 43

H. Planned changes. ....................................................... 43

I. Anticipated noncompliance ............................................... 44

IX. GENERAL PROVISIONS ................................................... 44

A. Permit actions ......................................................... 44

B. Duty to reapply ......................................................... 44

C. Duty to provide information ............................................... 44

D. Incorrect information and omissions ........................................ 44

E. Signatory requirements .................................................. 44

F. Availability of reports .................................................... 45

G. Inspection and entry ..................................................... 45

H. Oil and hazardous substance liability ....................................... 46

I. Property rights ......................................................... 46

J. Severability ............................................................ 46

K. Transfers ............................................................. 46

L. State laws ............................................................. 46

M. Re-opener clause ...................................................... 46

X. DEFINITIONS and ACRONYMS ............................................. 47

APPENDIX A: Alphabetical List of Receiving Waters Excluded from Coverage ............. 51

APPENDIX B: Categorical List of Areas Excluded from Coverage ....................... 56

APPENDIX C: Maps of Areas Excluded from Coverage

1. Locations of Alaska State Game Refuges, Critical Habitats, and

 Sanctuaries ....................................................... 62

2. Locations of National Wildlife Areas ....................................... 63

3. Locations of Critical Habitat of Steller Sea Lions (Eumetopias jubatus) .......... 64

4. Locations of Colonies of Seabirds in Alaska ................................. 65

5. Locations of Critical Habitat of Steller’s eiders (Polysticta stelleri) in Alaska ....... 66
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APPENDIX D: Pictures of Animals Listed as Threatened or Endangered Species under the

Endangered Species Act

1. Steller’s eider (Polysticta stelleri), a sea duck ................................ 68

2. Spectacled eider (Somateria fisheri), a sea duck ............................. 69

3. Short-tailed albatross (Phoebastria albatrus) ................................ 70

4. Steller’s sea lion (Eumetopias jubatus) ..................................... 71

ATTACHMENTS: Conditions pursuant to Selected Other Authorities and Useful Forms

A. Table of Conditions pursuant to Selected Other Authorities ..................... 72

B. Notice of Intent (NOI) form ............................................... 74

C. Annual report form ...................................................... 78

D. Seafloor monitoring form ................................................. 80
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I. AUTHORIZED FACILITIES

A. Categories of authorized dischargers

Subject to the restrictions of this Permit, the following categories of dischargers are

authorized to discharge the pollutants set out in Part II of this Permit once a Notice of

Intent has been filed with and a written authorization is received from EPA: 

1. Operators of off-shore vessels engaged in the processing of fresh, frozen,

canned, smoked, salted or pickled seafood or the processing of seafood mince,

paste or meal;

2. Operators of near-shore vessels engaged in the processing of fresh, frozen,

canned, smoked, salted or pickled seafood, the processing of unwashed mince, 

or the processing of meal and other secondary by-products; and

3. Operators of shore-based facilities engaged in the processing of fresh, frozen,

canned, smoked, salted or pickled seafood, the processing of unwashed mince, 

or the processing of meal and other secondary by-products.

Operations which catch and process seafood and which discharge less than one

thousand (1,000) pounds of seafood waste per day and less than fifteen tons (30,000

lbs) of seafood waste per calendar year may be but are not required to be covered

under this general NPDES permit.

B. Unauthorized dischargers

Shore-based and near-shore seafood processors discharging seafood washed mince

or paste process wastes to receiving waters within one (1) nautical mile of shore are

not authorized to discharge under this general NPDES permit. These facilities are

required to apply for and receive individual NPDES permits.

II. AUTHORIZED DISCHARGES

A. Discharges from seafood processing facilities

This Permit authorizes the discharge of the following pollutants subject to the limitations

and conditions set forth herein:

1. Seafood processing wastewater and wastes, including the waste fluids,

heads, organs, flesh, fins, bones, skin, chitinous shells, and stickwater produced

by the conversion of aquatic animals from a raw form to a marketable form.

a. Treatment of waste solids. Permittees shall grind solid seafood processing

wastes to one-half inch in any dimension or smaller prior to discharge. This

one-half inch grinding requirement does not apply to (1) the calcareous shells
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of scallops, clams, oysters and abalones, (2) the calcareous shells (i.e.,

“tests”) of sea urchins, or (3) incidental catches of “prohibited (catch)

species” which are neither retained nor processed.

b. Limit on seafood processing waste residues. Permittees shall discharge

no more than 10 million pounds per calendar year of seafood processing

waste residues (raw, unprocessed product minus finished, processed

product) unless authorized by EPA and the Alaska Department of

Environmental Conservation (ADEC).

c. At-sea discharges. Permittees are authorized to discharge treated seafood

processing wastes, including residues and stickwater, at-sea to receiving

waters that are at least one nautical mile from shore as delineated by mean

lower low water (MLLW) and that are at least minus 120 feet deep at MLLW. 

At-sea discharges should occur from vessels underway at speeds exceeding

three (3) knots in order to ensure wide dispersion of seafood processing

waste residues. The permittee shall notify EPA and ADEC of its plans for

transport and disposal prior to discharge. The permittee shall maintain a

written log for each at-sea discharge, noting the time, date, amount, nature

and location (latitude and longitude in degrees, minutes, and seconds as

determined by GPS) of each discharge. The permittee shall also record

observations of types and approximate numbers of sea ducks, seabirds, and

marine mammals attracted to and congregating in the discharge track.

2. Wash-down water, including EPA-approved disinfectants added to wash-down

water to facilitate the removal of wastes and to maintain sanitary standards during

processing or to sanitize seafood processing areas.

3. Sanitary wastewater that is indirectly discharged through a local municipal

treatment facilities or to septic systems which meet State requirements under

18 AAC 72, or that is treated by a secondary treatment facility or a certified and

operable Type I or Type II Marine Sanitation Device prior to discharge.

4. Other wastewater generated in the seafood processing operation, including

domestic gray water, seafood catch transfer water, live tank water, refrigerated

seawater, cooking water, boiler water, cooling water, refrigeration condensate,

freshwater pressure relief water, clean-up water, and scrubber water.

All discharges shall comply with Alaska Water Quality Standards [18 AAC 70]

while in the waters of the State of Alaska.

B. Unauthorized discharges

1. The discharge of pollutants not specifically set out in this Part is not authorized

under this Permit. 
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2. This general NPDES permit does not authorize any discharges from facilities that

(1) have not submitted a Notice of Intent and received written authorization to

discharge under this Permit from EPA or (2) have not been notified in writing by

EPA that they are covered under this Permit as provided for in the Code of

Federal Regulations (CFR) volume 40, section 122.28(b)(2)(vi).

3. The discharge of petroleum (e.g., diesel, kerosene, and gasoline) or hazardous

substances 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., is prohibited under 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.

III. AREAS EXCLUDED FROM AUTHORIZATION UNDER THIS GENERAL NPDES

PERMIT

Subject to the waiver provision set out in Part III.E, this Permit does not authorize the

discharge of pollutants in the following circumstances:

A. Protected water resources, critical habitats and special areas

This Permit does not authorize the discharge of pollutants into the protected water

resources, critical habitats and special areas as listed below and described in the table

and figures of the Appendix. [See Appendices A, B and C.]

1. Within one (1) nautical mile of a State Game Sanctuary, State Game Refuge or

State Critical Habitat Area.

2. Within one (1) nautical mile of a National Park, Preserve or Monument.

3. Within one (1) nautical mile of a National Wildlife Refuge.

4. Within one (1) nautical mile of a National Wilderness Area.

5. In a river designated as wild or scenic under the Wild and Scenic Rivers Act.

6. Within three (3) nautical miles of the seaward boundary of a rookery or major haulout area of the Steller sea lion which has been designated as "critical habitat" by

the National Marine Fisheries Service (NMFS) and within fishing areas closed by

NMFS as critical Steller sea lion habitat.
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7. Within one (1) nautical mile of the seaward boundary of a nesting area of a colony

of one thousand or more of the following seabirds during the period May 1 through

September 30: auklets, cormorants, fulmars, guillemots, kittiwakes, murres,

petrels, puffins and/or terns and other local aggregations of seabirds, including

non-colony nesting birds such as eiders and murrelets.

8. Within one (1) nautical mile of designated critical habitat for the Steller’s eider,

including nesting and breeding areas on the North Slope of Alaska and the YukonKuskokwim Delta during the months of May through September and including the

wintering range in sixteen (16) coastal Alaskan areas during the months of

October through April as set forth in Appendices A, B and C.

9. Orca Inlet. No discharge of uncooked fish processing waste residues may occur

during the months of November, December, January, February and March in of

Orca Inlet where sea otters, which are protected under the Marine Mammal

Protection Act, are attracted to the discharge and waste deposit as a food source.

10. “Living substrates,” such as submerged aquatic vegetation, kelp and eelgrass in

shallow coastal waters (generally less than minus 60 ft depth MLLW).

B. At-risk water resources and waterbodies

This Permit does not authorize the discharge of pollutants in the following at-risk water

resources and waterbodies.

1. Areas with water depth of less than 60 feet mean lower low water (MLLW) that

have or are likely to have poor flushing, including but not limited to sheltered

waterbodies such as bays, harbors, inlets, coves and lagoons and semi-enclosed

water basins bordered by sills of less than 60 feet MLLW depth. For the purposes

of this section, "poor flushing" means average currents of less than one-third

(0.33) of a knot at any point in the receiving water within three hundred (300) feet

of the outfall.

2. Akun Island: Lost Harbor.

3. Lakes, rivers and streams.

C. Degraded waterbodies

This Permit does not authorize the discharge of pollutants into any waterbody included

in ADEC's 1998 (or subsequent revisions) CWA 305(b) report or CWA § 303(d) list of

waters which are "impaired" or "water quality-limited" for dissolved gas or residues (i.e.,

floating solids, debris, sludge, deposits, foam or scum).
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D. Small waterbodies

Any waterbody that would not meet the minimum requirements for mixing zone size

specification under 18 AAC 70.255: “the linear length of all mixing zones intersected on

any given cross section of an estuary, inlet, cove, channel or other marine water may

not exceed 10% of the total length of that cross section and the total horizontal area

allocated to all mixing zones may not exceed 10% of the surface area.” Since the

state-authorized mixing zone has a diameter of 200 ft, a bay or channel that is less

than 2,000 ft across fails to meet these criteria and is designated as a “small”

waterbody excluded from coverage under this Permit.

E. Areas covered by other general NPDES permits

1. This Permit does not authorize the discharge of pollutants to receiving waters

adjacent to the City of Kodiak, including Kodiak Harbor, St. Paul Harbor, Gibson

Cove, Near Island Channel, Women's Bay, and Woody Island Channel.

2. This Permit does not authorize the discharge of pollutants to the receiving waters

within three (3) nautical miles of the Pribilof Islands.

F. Waiver to discharge in the excluded areas

An owner or operator of a seafood processing facility may request a waiver to

discharge under this Permit in the excluded areas listed in Parts III.A-D. In order to

obtain a waiver to discharge in one or more of these excluded areas, an applicant must

submit a timely and complete request for a waiver in accordance with the requirements

listed in Part IV.D. Pre-existing, permanent shore-based siting may be considered

justification for a waiver.

IV. APPLICATION TO BE PERMITTED UNDER THIS GENERAL NPDES PERMIT

In order to be authorized to discharge any of the pollutants set out in Part II to waters of the

United States under this general NPDES permit, one must apply for coverage under this

Permit. This general NPDES permit does not authorize any discharges from facilities that

have not received authorization from EPA to discharge under this Permit.

A. Submittal of a Notice of Intent to be covered under this general NPDES permit

An applicant wishing authorization to discharge under this Permit shall submit a timely

and complete Notice of Intent (NOI) to EPA and ADEC in accordance with the

requirements listed herein. [See Attachment B for NOI form.] A qualified applicant will

be authorized to discharge under this Permit upon its certified receipt from EPA of

written notification of inclusion and the assignment of an NPDES permit number.

1. EPA may notify a discharger that it is covered by this general NPDES permit, even if

the discharger has not submitted a Notice of Intent [40 CFR § 122.28(b)(2)(vi)].
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2. EPA may require any discharger applying for coverage under this general NPDES

permit to apply for and obtain an individual NPDES permit in accordance with 40

CFR § 122.28(b)(3).

3. Any applicant planning (1) to construct a facility or to convert a facility that was not

previously permitted as a seafood processor under NPDES and (2) to discharge

pollutants regulated under NPDES shall be required to prepare an Environmental

Information Document (EID) and submit this EID to EPA Region 10. The EID will

include information on the potential effect of the construction and operation on

water quality, threatened and endangered species, essential fish and shellfish

habitat, and other environmental values. EPA will use the EID to prepare an

Environmental Assessment to make a determination of the impacts of the permit

action in compliance with the National Environmental Protection Act (NEPA). 

Guidance for preparing the EID can be obtained by contacting EPA’s Office of

Water NEPA Compliance Coordinator.

4. An owner of any shore-based or near-shore facility to be constructed after the

issuance of this Permit shall submit to the State of Alaska, Division of

Governmental Coordination, a Coastal Project Questionnaire to determine if a

review is needed for consistency with the Alaska Coastal Management Plan.

5. A permittee authorized to discharge under this Permit shall submit to EPA and

ADEC an updated and amended NOI when there is any material change in the

information submitted within its original NOI.

6. A permittee shall submit its original Notice of Intent to be covered under this

general NPDES permit to:

U.S. Environmental Protection Agency Region 10

NPDES Permit Unit OW-130

1200 Sixth Avenue

Seattle, Washington 98101

and, a copy to:

Alaska Department of Environmental Conservation

Attention: Air and Water Quality Division

555 Cordova Street

Anchorage, Alaska 99501

B. What constitutes a “timely” submittal of a Notice of Intent

1. New permittee. A new permittee not previously authorized to discharge by general

NPDES permit no. AK-G52-0000 and seeking coverage under this Permit shall
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submit an NOI at least 60 days prior to the commencement of operation and

discharge at its facility.

2. Previous permittee. A permittee covered by the 1995 version of general NPDES

permit no. AK-G52-0000 for seafood processors who submitted its NOI prior to

August 4, 2000, is deemed to have submitted a “timely” NOI. A permittee covered

by the 1995 version of general NPDES permit no. AK-G52-0000 who did not

submit an NOI prior to August 4, 2000, must submit an NOI to be authorized under

this Permit no later than 90 days from the effective date of this Permit.

3. Any discharger who fails to submit an NOI and/or obtain coverage under this

Permit and who discharges seafood wastes to receiving waters of the U.S., will be

in violation of the Clean Water Act for discharging without an NPDES permit.

C. What constitutes a "complete" submittal of a Notice of Intent

1. Permit information.

An NOI shall include any NPDES number(s) currently or previously assigned to the

facility and the ADEC-EH seafood processor permit number.

2. Operator information. The operator of a facility will be the permitted discharger.

An NOI shall include the name, complete address and telephone number of the

operator of the facility and the name of the operator’s duly authorized

representative. If a facsimile machine and/or email address is available at this

address, it is useful to provide a FAX number and/or email address.

3. Owner information.

An NOI shall include the name and the complete address and telephone number of

the owner of the facility and the name of the owner’s duly authorized

representative. If a facsimile machine and/or email address is available at this

address, it is useful to provide a FAX number and/or email address.

4. Facility or vessel information.

a. An NOI shall include the name, address and telephone number of the facility

or vessel. If the name of the facility or vessel has changed, the NOI shall

include the previous name(s) of the facility or vessel and the date(s) of these

changes during the last five years. If a facsimile machine and/or email

address is available at this address, it is useful to provide a FAX number

and/or email address.

b. For near-shore and shore-based facilities or vessels, an NOI shall include a

description of the physical location of the facility and its accurate location in
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terms of latitude and longitude with a precision of at least 15 seconds of a

degree (. 0.25 mile). 

An NOI shall also include an area map of the location of the facility or vessel

and all outfall(s). This map shall be based upon an official map or bathymetric

chart of the National Oceanic and Atmospheric Administration (NOAA) or the

U.S. Geologic Survey (USGS) of a scale of resolution from 1:20,000 to

1:65,000.

c. For mobile facilities, an NOI shall include the U.S. Coast Guard (USCG)

vessel number, the type, and any former name of the vessel.

5. Facility classification.

An NOI shall include the classification(s) of the facility as one or more of the

following categories of seafood processors:

a Off-shore seafood processor: a processor operating and discharging more

than one (1) nautical mile from shore at MLLW.

b. Near-shore seafood processor: a processor operating and discharging from

one (1) to one-half (0.5) nautical mile from shore at MLLW.

c. Shore-based seafood processor: a processor operating and discharging

less than one-half (0.5) nautical mile from shore at MLLW.

6. Projected production information. 

An NOI shall include projected production data based upon historical operations

and design capacity. Production data includes an identification of the process

applied to the product, the name and quantity (in pounds) of the raw product(s) by

species, the type(s) and quantity (in pounds) of the finished product(s), and the

design capacity of the quantity (in pounds) of each raw product which can be

processed in a 24-hour day. The NOI shall also include the projected processing

location(s) and number of operating days by month for the facility.

7. Description of discharges.

An NOI shall include information concerning all the discharges from the facility. 

a. Sanitary wastes. The NOI shall identify the type of the sanitary wastewater

treatment system. For shore-based facilities, (1) identify the municipal

system or on-site septic system that accepts the discharge and (2) indicate

its design capacity and treatment process. For vessels, identify the type of

marine sanitation device (MSD), including the date when the USCG approved
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and certified the MSD, when it was installed, its capacity (gal/day) and number

of people using the MSD.

b. Seafood processing wastes discharges. An NOI shall include the depth at

MLLW and the distance from shore at MLLW of the end of the outfall pipe at

which the effluent is discharged, the name and type of grinder used to treat

seafood processing wastewater, and the design grinding dimension. 

c. Other wastewater. An NOI shall include information on process disinfectants,

domestic wastewater, cooling water, boiler water, refrigeration condensate,

transfer water, gray water, live tank water and freshwater pressure relief

water.

d. Projected maximum quantity. An NOI shall include the projected maximum

quantity in pounds (lbs) of seafood processing waste residues which is

projected to be discharged on a daily basis and on an annual basis. 

8. Receiving water information.

a. An NOI shall include the name(s) of the waterbody(ies) receiving the

discharges of the facility and the name of any larger, adjacent receiving

waterbody.

b. An NOI shall include information concerning any areas within three

(3) nautical miles which are excluded from coverage under this Permit in

Part III.

c. For near-shore and shore-based processors, an NOI shall include a

bathymetric map of the receiving water within one (1) nautical mile of the

discharge.

d. For near-shore and shore-based processors, an NOI shall include

information of the average and maximum currents adjacent to the facility and

at the point of discharge and the maximum tidal range of these waters.

9. Fueling capability and proximity to fueling stations. 

An NOI shall include information about whether a permittee has the capability to

refuel fishing vessels and, if so, the volume of its refueling tank.

If a permittee does not have a refueling capability, the NOI should report the

location and the estimated distance of the nearest fuel station to the site at which

the permittee discharges.
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10. Submittals with the NOI.

Requests for waivers, a bathymetric map showing the facility and the surrounding

receiving water to a distance of at least three (3) nautical miles, a diagrammatic

map showing the facility and its outfall locations, a best management practices plan

certification, a recent seafloor survey, and other pertinent documents must be

submitted with the NOI to complete this application. [See Attachment D for seafloor

survey form.]

11. Signatory requirements. 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.

D. How does an applicant request a waiver to discharge in an excluded area

under this general NPDES permit

An applicant who seeks a waiver of one or more of the requirements for discharge

location in Part III.A-D must submit a timely and complete request for a waiver in

accordance with the following requirements.

1. A Notice of Intent to be authorized to discharge under this general NPDES permit

in accordance with the requirements of Parts IV.A-C.

2. A detailed description of the circumstances requiring discharge to the excluded

area. This description should address alternatives to discharging within the

excluded area.

3. A detailed description of the nature, magnitude and duration of the seafood

processing operation and its discharges within the excluded area.

4. A detailed map showing the proposed or existing facility location, outfall location,

receiving water bathymetry, surrounding upland topography and any protected

water resources, special habitats or areas listed in Part III which are located within

three (3) nautical miles of the site or its outfall. This area map of the facility and its

outfall(s) shall be based upon an official map or chart of NOAA or USGS of a

scale of resolution from 1:20,000 to 1:65,000.

5. A description of how and why the discharges will not cause a violation of state

water quality standards, including antidegradation, zone of deposit and mixing

zone, in the receiving waters. [see 18 AAC 70]
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6. A description of how and why the discharges will not cause a significant

degradation of the physical, chemical or biological integrity of the receiving water,

especially essential fish and shellfish habitat. Examples of such environmental

degradation include but are not limited to persistent seafloor deposits of residues,

shoreline deposits of residues, and increased mortality in communities of marine

life.

7. A description of how and why the discharges will not harm or impair the

reproduction and growth of any threatened or endangered species within three

(3) nautical miles of the proposed operation and discharge.

A waiver will not be authorized by EPA until after written concurrence by ADEC and

after consultation between EPA and other appropriate federal and state government

agencies and tribal governments to determine that the proposed discharge will

comply with applicable state and federal laws and regulations, state-approved

Coastal Zone Management Plans, and federally-approved tribal Coastal Zone

Management Plans. ADEC may place appropriate conditions or requirements on the

permittee under State law before approving a waiver under this part.

V. CATEGORIES OF PERMITTEES AND REQUIREMENTS

A. Off-shore seafood processors

(a processor operating and discharging more than one (1) nautical mile from shore at

MLLW).

1. Effluent limitations and requirements.

a. Amount of seafood processing wastes. A permittee shall not discharge a

volume or weight of seafood processing waste residues on a daily or annual

basis which exceeds the amount reported in the permittee's Notice of Intent to

be covered under this Permit.

b. Collection, conveyance, treatment and limitation of seafood processing

wastes. A permittee shall route all seafood processing wastes through a

waste conveyance and treatment system. The waste solids discharged from

its outfall(s) shall not exceed one-half (0.5) inch in any dimension. 

c. Scupper and floor drain wastes. A permittee shall route all incidental seafood

processing waste in scuppers and floor drains through a waste conveyance

system to the waste treatment system prior to discharge.

d. Waste conveyance system. A permittee shall conduct a daily visual

inspection of the waste conveyance, including a close observation of the

sump or other places of effluent collection for the removal of gloves, earplugs,

rubber bands, or other equipment used during the processing of seafood that

may inadvertently be entrained in the wastewater. Discharge of such items is
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 16 of 82

prohibited. Logs of this daily inspection must be kept on-board the vessel. 

Summaries of any items found and removed shall be submitted with the annual

report.

e. Grinder system. A permittee shall conduct a daily inspection of the grinder

system during the processing season to confirm that the grinder(s) is (are)

(1) operating and (2) reducing the size of the seafood residues to one-half

inch or smaller. This will require inspecting the size of the ground residues

reduced in grinding. Logs of these daily inspections shall be kept at the

facility. Failure of the one-half inch grinding size shall be reported to EPA and

ADEC in accordance with Part VII.C and summarized in the annual report.

f. Outfall system. A permittee shall discharge seafood processing wastes to or

below the sea surface. A pre-operational check of the outfall system shall be

performed at the beginning of each processing season to ensure that the

outfall system is operable. Logs of this check must be kept on-board the

vessel. Any failure of the outfall system shall be reported to EPA and ADEC

in accordance with Part VII.C and summarized in the annual report. 

g. Sanitary wastes. A permittee shall route all sanitary wastes through a sanitary

waste system that meets the applicable Coast Guard pollution control

standards then in effect [33 CFR § 159: "Marine sanitation devices"]. 

Nonfunctioning and undersized systems are prohibited.

h. Other wastewaters. A permittee shall not discharge any other wastewaters

that contain foam, floating solids, grease or oily wastes which produce a scum

or sheen on the water surface, nor wastes that deposit residues which

accumulate on the seafloor or shoreline. The incidental foam and scum

produced by discharge of seafood catch transfer water must be minimized to

the extent practicable as described in the best management practices plan of

Part VI.A. Wastewaters that have not had contact with seafood are not

required to be discharged through the seafood process waste-handling

system.

i. State-authorized mixing zone [see 18 AAC 70]. The mixing zone for the

discharges authorized in Part II of this permit shall be a cylindrical shape with

dimensions described as follows: the horizontal extent determined by a

100-foot radius around the terminus of the outfall, extending vertically up to

the sea surface and extending vertically down to the seafloor.

The mixing zone is a volume of water that surrounds the discharge outfall

where the effluent plume is diluted by the receiving water and within which the

following specific water quality criteria may be exceeded: residues, dissolved

gas, oil and grease, fecal coliform, pH, temperature, color, turbidity and total

residual chlorine. Discharges shall not violate Alaska Water Quality

Standards criteria beyond the 100-foot mixing zone.
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Alaska Seafood Processors page 17 of 82

j. Monitoring. A permittee shall monitor its processing and discharges to

develop and submit a timely, complete and accurate annual report and to

detect and minimize occurrences of noncompliance with the limitations and

conditions of this permit.

2. Best management practices requirements

During the term of this permit all permittees shall operate in accordance with a

Best Management Practices Plan as described in Part VI.A.

3. Annual requirements

During the term of this permit all permittees shall prepare and submit an accurate

and timely annual report of noncompliance, production, discharges and process

changes as described in Part VI.B.

B. Near-shore seafood processors

(a processor operating and discharging from one (1) to one-half (0.5) nautical mile

from shore at MLLW)

1. Effluent limitations and requirements

a. Limit on the amount of seafood processing waste residues. A permittee shall

not discharge a volume or weight of seafood processing waste residues on a

daily or annual basis which exceeds the amount reported in the permittee's

NOI. In no case shall a permittee discharge a wasteload of more than

10 million pounds per calendar year of seafood processing waste residues

(raw, unprocessed product minus finished, processed product) unless

authorized by EPA and ADEC. 

A near-shore processor may apply for coverage under this Permit to

discharge seafood processing wastes from a shuttle vessel underway at a

speed exceeding three knots to an at-sea receiving water that is both

(1) more than one nautical mile from shore as delineated at MLLW and (2) in

water deeper than minus 120 ft MLLW. In the case of such an application for

an additional discharge at-sea, the permittee shall submit an additional NOI

which provides information on the proposed discharge in accordance with the

requirements of Part IV of the Permit. In the case of authorization to

discharge at-sea, the requirements of Part V.A (“Off-shore Seafood

Processors”) shall apply to the at-sea discharge. Seafood processing

wastes discharged at-sea shall not be counted against the limit of 10 million

pounds per calendar year.

A permittee may request a waiver to discharge under this Permit in excess of

the processing waste limit of 10 million pounds per calendar year by

submitting a timely and complete request for a waiver in accordance with the

following requirements:
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Alaska Seafood Processors page 18 of 82

(1) A Notice of Intent to be authorized to discharge under this general

NPDES permit in accordance with the requirements of Parts IV.A-C.

(2) A detailed description of the circumstances in support of the waiver

request including alternatives to discharging in excess of the 10 million

pounds per calendar year.

(3) A detailed description of the nature, magnitude and duration of the

seafood processing operation and its discharges.

(4) A detailed map showing the facility location, outfall location(s) (including

old abandoned outfalls and those in use), receiving water bathymetry

and any protected water resources, special habitats or areas listed in

Part II of this Permit which are located within three (3) nautical miles of

the site or its outfall.

(5) A description of how and why the discharges do not and will not cause a

violation of State water quality standards (including antidegradation,

zone of deposit and mixing zone) in the receiving waters [ACC Vol. 18,

Part 70].

(6) At least one seafloor survey conducted not longer than one year prior to

the date of submittal that gives the areal amount of each previous and

current waste deposit and meets the objective in Part VI.C.3.

If a waiver is approved, EPA and ADEC will revoke it by written notice to the

permittee if new information is discovered that shows that the discharge is

(1) violating State water quality standards or the zone of deposit authorized by

ADEC or (2) otherwise degrading waters of the U.S.

A waiver will not be authorized by EPA until after written concurrence by

ADEC and after consultation between EPA and other appropriate federal

and state government agencies and tribal governments to determine that

the proposed discharge will comply with applicable state and federal laws

and regulations, state-approved Coastal Zone Management Plans, and

federally-approved tribal Coastal Zone Management Plans.

b. Collection, conveyance, treatment and limitation of seafood processing

wastes. A permittee shall route all seafood processing wastes through a

waste conveyance and treatment system. The waste solids discharged from

its outfall(s) shall not exceed one-half (0.5) inch in any dimension. 

c. Scupper and floor drain wastes. A permittee shall route all incidental seafood

processing waste in scuppers and floor drains through a waste conveyance

system to the waste treatment system prior to discharge.
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Alaska Seafood Processors page 19 of 82

d. Waste conveyance system. A permittee shall conduct a daily visual

inspection of the waste conveyance, including a close observation of the

sump or other places of effluent collection for the removal of gloves, earplugs,

rubber bands, or other equipment used during the processing of seafood that

may inadvertently be entrained in the wastewater. Discharge of such items is

prohibited. Logs of this daily inspection must be kept on-board the vessel. 

Summaries of any items found and removed shall be submitted with the annual

report.

e. Grinder system. A permittee shall conduct a daily inspection of the grinder

system during the processing season to confirm that the grinder(s) is (are)

(1) operating and (2) reducing the size of the seafood residues to one-half

inch or smaller. This will require inspecting the size of the ground residues

reduced in grinding. Logs of these daily inspections shall be kept on-board

the vessel. Failure of the one-half inch grinding size shall be reported to EPA

and ADEC in accordance with Part VII.C and summarized in the annual

report.

f. Outfall system. A permittee shall discharge seafood processing wastes

through an outfall line or a through-the-hull port at a depth of three (3) feet or

more below the sea surface and to the receiving water at least minus 60 foot

depth MLLW. A pre-operational check of the outfall line(s) shall be performed

at the beginning of each processing season to ensure that the outfall system

is operable. Logs of this check must be kept on-board the vessel. Any failure

of the outfall system shall be reported to EPA and ADEC in accordance with

Part VII.C and summarized in the annual report.

g. Sanitary wastes. A permittee shall route all sanitary wastes through a sanitary

waste system that meets the applicable Coast Guard pollution control

standards then in effect [33 CFR § 159: "Marine sanitation devices"]. 

Nonfunctioning and undersized systems are prohibited.

h. Other wastewaters. A permittee shall not discharge any other wastewaters

that contain foam, floating solids, grease or oily wastes which produce a scum

or sheen on the water surface, nor wastes that deposit residues which

accumulate on the seafloor or shoreline. The incidental foam and scum

produced by discharge of seafood catch transfer water must be minimized to

the extent practicable as described in the best management practices plan of

Part VI.A. Wastewaters that have not had contact with seafood are not

required to be discharged through the seafood process waste-handling

system.

i. Nuisance discharge. The discharge of seafood processing wastes shall not

create an attractive nuisance situation whereby fish or wildlife are attracted to

waste disposal or storage areas in a manner that creates a threat to fish or

wildlife or to human health and safety.
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Alaska Seafood Processors page 20 of 82

j. Residues. A permittee shall not discharge seafood sludge, deposits, debris,

scum, floating solids, oily wastes or foam which alone or in combination with

other substances: 

(1) make the water unfit or unsafe for use in aquaculture, water supply,

recreation, growth and propagation of fish, shellfish, aquatic life and

wildlife, or the harvesting and consumption of raw mollusks or other raw

aquatic life;

(2) cause a leaching of deleterious substances;

(3) cause a film, sheen, emulsion or scum on the surface of the water;

(4) cause a scum, emulsion, sludge or solid to be deposited on the adjoining

shorelines; or

(5) cause a scum, emulsion, sludge or solid to be deposited on the bottom.

k. State-authorized mixing zone [see 18 AAC 70]. The mixing zone for the

discharges authorized in Part II of this Permit shall be a cylindrical shape with

dimensions described as follows: the horizontal extent determined by a

100-foot radius around the terminus of the outfall, extending vertically up to

the sea surface and extending vertically down to the seafloor.

The mixing zone is a volume of water that surrounds the discharge outfall

where the effluent plume is diluted by the receiving water and within which the

following specific water quality criteria may be exceeded: residues, dissolved

gas, oil and grease, fecal coliform, pH, temperature, color, turbidity and total

residual chlorine. Discharges shall not violate Alaska Water Quality

Standards criteria beyond the 100-foot mixing zone.

l. State-authorized zone of deposit [see 18 AAC 70]. The ADEC authorizes a

zone of deposit of one (1) acre for each facility authorized by this general

permit under the classification of near-shore seafood processor in marine

waters (includes estuaries and coastal waters). 

Discharges shall not violate the Alaska water quality standards criteria for

residues beyond the authorized zone of deposit. In no case may water quality

standards be violated in the water column outside of the zone of deposit,

including leaching from, or suspension of, deposited materials.

m. Monitoring. A permittee shall monitor its processing and discharges to

develop and submit a timely, complete and accurate annual report and to

detect and minimize occurrences of noncompliance with the limitations and

conditions of this Permit.
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Alaska Seafood Processors page 21 of 82

2. Best management practices requirements.

During the term of this Permit all permittees shall operate in accordance with a

Best Management Practices Plan as described in Part VI.A.

3. Annual reporting requirements.

During the term of this Permit all permittees shall prepare and submit an accurate

and timely annual report of noncompliance, production, discharges and process

changes as described in Part VI.B.

4. Seafloor monitoring requirements.

During the term of this Permit all permittees classified as near-shore seafood

processors and discharging to receiving waters of depths of less than minus

120 feet MLLW at a single location for more than seven (7) days within a year

shall conduct a seafloor monitoring program as described in Part VI.C. A "single

location" refers to 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.

5. Sea surface and shoreline monitoring requirements.

During the term of this Permit all permittees classified as near-shore seafood

processors shall conduct a daily sea surface and a weekly shoreline monitoring

program as described below in Part VI.D.

C. Shore-based seafood processors

(a floating or on-shore processor operating and discharging less than one-half

(0.5) nautical mile from shore at MLLW)

1. Effluent limitations and requirements

a. Limit on the amount of seafood processing waste residues. A permittee shall

not discharge a volume or weight of seafood processing waste residues on a

daily or annual basis which exceeds the amount reported in the permittee's

NOI. In no case shall a permittee discharge a wasteload of more than

10 million pounds per calendar year of seafood processing waste residues

(raw, unprocessed product minus finished, processed product) unless

authorized by EPA and ADEC. 

A shore-based processor may apply for coverage under this Permit to

discharge seafood processing wastes from a shuttle vessel underway at a

speed exceeding three knots to an at-sea receiving water that is both

(1) more than one nautical mile from shore as delineated at MLLW and (2) in

water deeper than minus 120 ft MLLW. In the case of such an application for

an additional discharge at-sea, the permittee shall submit an additional NOI
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 22 of 82

which provides information on the proposed discharge in accordance with the

requirements of Part IV of the Permit. In the case of authorization to

discharge at-sea, the requirements of Part V.A (“Off-shore Seafood

Processors”) shall apply to the at-sea discharge. Seafood processing

wastes discharged at-sea shall not be counted against the limit of 10 million

pounds per calendar year.

A shore-based permittee may request a waiver to discharge under this Permit

in excess of the processing waste limit of 10 million pounds per calendar year

at one location by submitting a timely and complete request for a waiver in

accordance with the following requirements:

(1) A Notice of Intent to be authorized to discharge under this general

NPDES permit in accordance with the requirements of Parts IV.A-C.

(2) A detailed description of the circumstances in support of the waiver

request including alternatives to discharging in excess of the 10 million

pounds per calendar year per location.

(3) A detailed description of the nature, magnitude and duration of the

seafood processing operation and its discharges.

(4) A detailed map showing the facility location, outfall location(s) (including

old abandoned outfalls and those in use), receiving water bathymetry

and any protected water resources, special habitats or areas listed in

Part II of this Permit which are located within three (3) nautical miles of

the site or its outfall.

(5) A description of how and why the discharges do not and will not cause a

violation of State water quality standards, including antidegradation,

zone of deposit and mixing zone, in the receiving waters [18 ACC 70].

(6) At least one seafloor survey conducted not longer than one year prior to

the date of submittal that gives the areal amount of any previous and

current waste deposits and meets the objective in Part VI.C.3.

If a waiver is approved, EPA and ADEC will revoke it by written notice to the

permittee if new information is discovered that shows that the discharge is

(1) violating State water quality standards or the zone of deposit authorized by

ADEC or (2) otherwise degrading waters of the U.S.

A waiver will not be authorized by EPA until after written concurrence by

ADEC and after consultation between EPA and other appropriate federal

and state government agencies and tribal governments to determine that

the proposed discharge will comply with applicable state and federal laws
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 23 of 82

and regulations, state-approved Coastal Zone Management Plans, and

federally-approved tribal Coastal Zone Management Plans.

b. Collection, conveyance, treatment and limitation of seafood processing

wastes. A permittee shall route all seafood processing wastes through a

waste conveyance and treatment system. The waste solids discharged from

its outfall(s) shall not exceed one-half (0.5) inch in any dimension. 

c. Scupper and floor drain wastes. A permittee shall route all incidental seafood

processing waste in scuppers and floor drains through a waste conveyance

system to the waste treatment system prior to discharge.

d. Waste conveyance system. A permittee shall conduct a daily visual

inspection of the waste conveyance, including a close observation of the

sump or other places of effluent collection for the removal of gloves, earplugs,

rubber bands, or other equipment used during the processing of seafood that

may inadvertently be entrained in the wastewater. Discharge of such items is

prohibited. Logs of this daily inspection must be kept at the facility. 

Summaries of any items found and removed shall be submitted with the annual

report.

e. Grinder system. A permittee shall conduct a daily inspection of the grinder

system during the processing season to confirm that the grinder(s) is (are)

(1) operating and (2) reducing the size of the seafood residues to one-half

inch or smaller. This will require inspecting the size of the ground residues

reduced in grinding. Logs of these daily inspections shall be kept at the

facility. Failure of the one-half inch grinding size shall be reported to EPA and

ADEC in accordance with Part VII.C and summarized in the annual report.

f. Outfall system. The permittee shall not discharge from a severed, failed or

leaking outfall line ten days past its severance, failure or damage unless such

damage has been repaired. The permittee shall have replacement parts

available on site and shall make every effort possible to repair a damaged

outfall line as soon as possible. Failure of the outfall system is to be reported

to EPA and ADEC in accordance with Part VII.C and summarized in the

annual report. The permittee shall inform EPA and ADEC at least 60 days in

advance of any planned relocation of its outfall as in Part VII.H; relocation of

an outfall line does not authorize a new zone of deposit.

g. Sanitary wastes. A permittee shall route all sanitary wastes through a sanitary

waste treatment system. Nonfunctioning and undersized systems are

prohibited. Sanitary wastes must be either:

(1) Discharged to a shore-based septic system or a municipal wastewater

treatment system,
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Alaska Seafood Processors page 24 of 82

(2) Treated prior to discharge to meet the secondary treatment limitations

for both biochemical oxygen demands (BOD5) and total suspended

solids (TSS), which are 60 mg/l daily maximum, 45 mg/l weekly average,

and 30 mg/l monthly average, or

(3) If a USCG-licensed vessel, treated prior to discharge by a sanitary

waste system that meets the applicable Coast Guard pollution control

standards then in effect [33 CFR § 159: "Marine sanitation devices"].

h. Other wastewaters. A permittee shall not discharge any other wastewaters

that contain foam, floating solids, grease or oily wastes which produce a scum

or sheen on the water surface, nor wastes that deposit residues which

accumulate on the seafloor or shoreline. The incidental foam and scum

produced by discharge of seafood catch transfer water must be minimized to

the extent practicable as described in the best management practices plan of

Part VI.A. Wastewaters that have not had contact with seafood are not

required to be discharged through the seafood process waste-handling

system.

i. Nuisance discharge. The discharge of seafood processing wastes shall not

create an attractive nuisance situation whereby fish or wildlife are attracted to

waste disposal or storage areas in a manner that creates a threat to fish or

wildlife or to human health and safety.

j. Residues. A permittee shall not discharge seafood sludge, deposits, debris,

scum, floating solids, oily wastes or foam which alone or in combination with

other substances,

(1) make the water unfit or unsafe for use in aquaculture, water supply,

recreation, growth and propagation of fish, shellfish, aquatic life and

wildlife, or the harvesting and consumption of raw mollusks or other raw

aquatic life;

(2) cause a leaching of deleterious substances;

(3) cause a film, sheen, emulsion or scum on the surface of the water;

(4) cause a scum, emulsion, sludge or solid to be deposited on the adjoining

shorelines; or

(5) cause a scum, emulsion, sludge or solid to be deposited on the bottom.

k. State-authorized mixing zone [see 18 AAC 70]. The mixing zone for the

discharges authorized in Part II of this Permit shall be a cylindrical shape with

dimensions described as follows: the horizontal extent determined by a

100-foot radius around the terminus of the outfall, extending vertically up to

the sea surface and extending vertically down to the seafloor.
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Alaska Seafood Processors page 25 of 82

The mixing zone is a volume of water that surrounds the discharge outfall

where the effluent plume is diluted by the receiving water and within which the

following specific water quality criteria may be exceeded: residues, dissolved

gas, oil and grease, fecal coliform, pH, temperature, color, turbidity and total

residual chlorine. Discharges shall not violate Alaska Water Quality

Standards criteria beyond the 100-foot mixing zone.

l. State-authorized zone of deposit [see 18 AAC 70]. The ADEC authorizes a

zone of deposit of one (1) acre for each facility authorized by this general

permit under the classification of shore-based seafood processors in marine

waters (includes estuaries and coastal waters). 

Discharges shall not violate the Alaska water quality standards criteria for

residues beyond the authorized zone of deposit. In no case may water quality

standards be violated in the water column outside of the zone of deposit,

including leaching from, or suspension of, deposited materials.

m. Discharge pipe location. A permittee discharging to marine and estuarine

water shall discharge its wastewaters at a point at least 10 feet below the

surface of the receiving water.

An applicant may request a waiver to this condition by providing a description

of the circumstances which make this condition onerous and unnecessary to

the protection of State water quality standards. The description must include,

at a minimum, site-specific information about receiving water topography and

currents, the historic effects of past discharges to water quality, shoreline

accumulation and local fisheries, and the costs of a modification of the outfall

to comply with this permit condition.

n. Monitoring. A permittee shall monitor its processing and discharges to

develop and submit a timely, complete and accurate annual report and to

detect and minimize occurrences of noncompliance with the limitations and

conditions of this Permit.

2. Best management practices requirements

During the term of this Permit all permittees shall operate in accordance with a

Best Management Practices (BMP) Plan as described in Part VI.A.

3. Annual reporting requirements

During the term of this Permit all permittees shall prepare and submit an accurate

and timely annual report of noncompliance, production, discharges and process

changes as described in Part VI.B.

4. Seafloor monitoring requirements
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Alaska Seafood Processors page 26 of 82

During the term of this Permit all permittees classified as shore-based seafood

processors and discharging to receiving waters of depths of less than 120 ft

MLLW at a single location for more than seven (7) days within a year shall conduct

a seafloor monitoring program as described in Part VI.C. A "single location" refers

to 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.

5. Sea surface and shoreline monitoring requirements

During the term of this Permit all permittees classified as shore-based seafood

processors shall conduct a daily sea surface and daily shoreline monitoring

program as described below in Part VI.D. 

VI. SPECIFIC WASTE MINIMIZATION AND MONITORING REQUIREMENTS

A. Best management practices plan

1. Applicability. During the term of this Permit all permittees shall operate in

accordance with a Best Management Practices (BMP) Plan.

2. Implementation. A newly authorized permittee shall develop and implement a BMP

Plan within six (6) months of the date of that permittee's authorization to discharge

under this Permit. A previously authorized permittee shall review its BMP Plan and

resubmit certification with the NOI that the BMP Plan has been reviewed and

revised to meet the requirements of this part.

3. Purpose. Through implementation of a BMP Plan a permittee shall prevent or

minimize the generation and discharge of wastes and pollutants from the facility to

the waters of the United States. Pollution should be prevented or reduced at the

source. Potential pollutants should be recycled in an environmentally safe manner

whenever feasible. The discharge of pollutants into the environment should be

conducted in such a way as to have a minimal environmental impact.

4. Objectives. A permittee shall develop its BMP Plan consistent with the following

objectives.

a. The number and quantity of pollutants and the toxicity of the effluents that are

generated, discharged or potentially discharged from the facility shall be

minimized by a permittee to the extent feasible by controlling each discharge

or potential pollutant release in the most appropriate manner.

b. Evaluations for the control of discharges and potential releases of pollutants

shall include the following.

(1) 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
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Alaska Seafood Processors page 27 of 82

improper operation of equipment. The examination shall include all

normal operations, including raw material and product storage areas, inplant conveyance of product, processing and product handling areas,

loading or unloading operations, wastewater treatment areas, sludge

and waste disposal areas, and refueling areas.

(2) 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.

c. Under the BMP plan and any Standard Operating Procedures (SOPs)

included in the plan, the permittee shall ensure the proper operation and

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

release of pollutants to the receiving water.

5. Requirements. The BMP Plan shall be consistent with the purpose and objectives

in Parts VI.B.3-4.

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

publication entitled “Guidance Manual for Developing Best Management

Practices,” USEPA 1993, or its subsequent revisions.

b. The BMP Plan shall be documented in narrative form, shall include any

necessary plot plans, drawings or maps, and shall be developed in

accordance with good engineering practices. The BMP Plan shall be

organized and written with the following structure:

(1) Name and location of the facility;

(2) Statement of BMP policy;

(3) Materials accounting of the inputs, processes and outputs of the facility;

(4) Risk identification and assessment of pollutant discharges;

(5) Specific management practices and standard operating procedures to

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

(a) the modification of equipment, facilities, technology, processes

and procedures; 

(b) the improvement in management, inventory control, materials

handling or general operational phases of the facility; and

(c) to reduce or eliminate any discharge of wastes that have the

potential to collect and foul set or drift nets used in subsistence or

commercial fisheries in nearby traditional use areas.
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Alaska Seafood Processors page 28 of 82

(6) Good housekeeping;

(7) Preventative maintenance;

(8) Inspections and records; and

(9) Employee training.

c. The BMP Plan shall include the following provisions concerning its review:

(1) Be reviewed by the facility manager and appropriate staff; and

(2) Include a statement that the above review has been completed and that

the BMP Plan fulfills the requirements set forth in this Permit. The

statement shall be certified by the dated signature of the facility

manager.

d. Documentation. A new permittee shall submit to EPA written certification,

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

permittee, of the completion and implementation of its BMP Plan within

30 days of its completion. A continuing permittee shall review its BMP Plan

and resubmit certification that the BMP Plan has been reviewed and revisedas-needed with its NOI and in no case later than 90 days after the effective

date of this Permit. The resubmittal shall describe all changes made to the

BMP Plan. Each permittee shall maintain a copy of its BMP Plan at its facility

or on-board the vessel and shall make the plan available to EPA or ADEC

upon request. All offices of a permittee which are required to maintain a copy

of this Permit shall also maintain a copy of the BMP Plan and make it available

to EPA and ADEC inspectors upon request.

6. BMP Plan modification. A permittee shall amend the BMP Plan whenever there is

a change in the facility or in the operation of the facility which materially increases

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

waters. A permittee shall also amend the Plan, as appropriate, when facility

operations covered by the BMP Plan change. Any such changes to the BMP Plan

shall be consistent with the objectives and specific requirements listed. All

changes in the BMP Plan shall be reviewed by the facility manager.

7. Modification for ineffectiveness. At any time, 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, this Permit and/or the BMP Plan

shall be subject to modification to incorporate revised BMP requirements.

B. Annual report
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 29 of 82

1. Applicability. During the term of this Permit all permittees shall prepare and submit

a complete, accurate and timely annual report of incidents of noncompliance,

production, discharges, and process changes to EPA and ADEC. [See

Attachment C for Annual Report form.]

2. Purpose and objectives. The annual report serves to inform the regulatory

agencies of the use and potential degradation of public natural resources by

facilities discharging pollutants to these receiving waters under this Permit. The

permittee shall provide the following information:

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

operator, name of the facility or vessel, mailing address, telephone number

and facsimile number.

b. A summary of periods concerning noncompliance with any of the

requirements of this Permit between January 1st through December 31st of

the previous year, the reasons for such noncompliance, the steps taken to

correct the problem and prevent further occurrences.

c. A summary of information of production and discharge during the previous

year, including:

(1) Dates of operation by month.

(2) Type and amount (pounds) of raw product per month.

(3) Type and amount (pounds) of finished product per month.

(4) Type and amount (pounds) of discharged seafood processing waste

residues (raw product minus finished product) per month.

(5) Annual number of processing days, amounts of raw products in pounds,

amounts of finished products in pounds, amount of seafood processing

waste residues (raw product minus finished product) discharged in

pounds, and compilation of discharge locations.

(6) Location(s) of discharge, including both the name of the receiving water

and the latitude and longitude with a precision of at least 15 seconds of

a degree (. 0.25 mile). [If a mobile processor is operating and

discharging within three miles of shore for a continuous 24-hour period

or more, then the operator shall report the date of discharge, name of

the receiving water(s), latitude and longitude, and depth of the water

column for each day of such discharge.]

d. A statement of any changes to a permittee's Notice of Intent to be covered

under this Permit (especially process changes, locations and production

levels).
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 30 of 82

e. 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. 

3. Signatory requirements. A permittee shall ensure that the annual report is signed

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

4. Submittal. A permittee shall submit its annual report by February 14th of the year

following each year of operation and discharge under this Permit. A permittee

shall submit its original annual report to:

U.S. Environmental Protection Agency Region 10

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

555 Cordova Street

Anchorage, Alaska 99501

C. Seafloor monitoring requirements

1. Applicability. During the term of this Permit all permittees classified as near-shore

and shore-based seafood processors and discharging to receiving waters of

depths of less than 120 feet MLLW at a fixed location for more than seven

(7) days shall conduct a seafloor monitoring program. A "single location" refers to

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.

Permittees are advised that the use of commercial underwater divers in seafloor

monitoring is regulated by the terms and conditions of Occupational Safety and Health

Administration directive number STD 1-23.2, which provides specific health and

safety requirements for diver-based seafloor monitoring surveys. 

[See: 29 CFR §§ 910.401-1910.441, Subpart T -- Commercial Diving Operations

and http://www.osha-slc.gov/SLTC/commercialdiving/index.html .]

2. Purpose. A permittee shall conduct a seafloor monitoring program to determine

compliance with the authorized zone of deposit and Alaska water quality standards

for deposited residues on the bottom (seafloor). Alaska Administrative Code

Chapter 18 § 70.020 states that "(residues) shall not... cause a sludge, solid or

emulsion to be deposited... on the bottom." ADEC has authorized a zone of
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 31 of 82

deposit of one (1) acre for each near-shore and shore-based facility permitted

under this Permit in accordance with 18 AAC 70.

3. Objective. The seafloor monitoring program shall determine the areal extent (in

square feet) of the deposit of sludge, solid or emulsion. The survey shall use a

deposition which is one-half inch or thicker on the bottom (seafloor) as the

minimum detection level. In cases of deposition exceeding three-quarters acre

(EPA’s threshold for concerned interest), the seafloor monitoring program shall

also determine the volume and thickness of the deposited seafood processing

waste.

a. Monitoring shall provide an accurate and precise calculation of the area of the

deposited seafood processing waste from the facility. The report shall

provide the area(s), the field measurements and the calculations of area.

b. Monitoring shall provide a determination of the outer boundary of the area of

the waste deposited on the bottom. All areas of deposited seafood

processing waste must be measured and added together to calculate the total

area of deposited seafood processing waste. (This will require a transect

method capable of measuring lengths greater than 100 meters).

c. 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.

4. Schedule and submittal. All permittees required to survey deposited seafood

processing waste shall develop and implement a seafloor monitoring survey no

later than December 2001 and shall submit the report with the annual report no

later than February 14, 2002.

5. Safety. The permittee and the surveyor shall ensure that the seafloor survey is

conducted in accordance with OSHA safety and SCUBA diving rules for diving

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

6. Tiered monitoring. The monitoring program shall be tiered in levels of increasing

complexity which are determined by the area of the deposited seafood processing

waste as assessed in the previous seafloor monitoring survey.
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 32 of 82

a. Tier-one survey. A tier-one survey of the area of the discharge wastepile

shall be conducted if the permittee has reasonable assurance from previous

surveys that the deposited seafood processing waste is less than one-half

acre in area (21,780 sq. ft.) and the discharge pipe during the preceding year

of operation and discharge has not been relocated, a new production line has

not been added, or production since the previous seafloor monitoring survey

has not increased by more than 25%. If the survey finds that the deposited

waste exceeds one-half acre, then a permittee shall conduct a tier-two survey

no later than December 2002.

The tier-one seafloor survey shall be conducted along two transects. The

principal transect shall be oriented along the maximum horizontal dimension of

each deposited waste ("the length"). The second transect ("the width") shall

be perpendicular to the principal transect and shall cross it at the point where

the deposited waste is widest in that direction. The survey shall record and

report the measurements of the distances of each transect to the end of the

observable deposited waste. This method shall be used in each area or pile

of seafood processing waste deposited on the bottom and all measurements

shall be added together to calculate the total area of deposit.

Figure 1. Monitoring Approach to a Tier-One Seafloor Survey.

(Tier 1 Figure)
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 33 of 82

b. Tier-two survey. If a permittee has concluded from previous seafloor

monitoring surveys that its deposited seafood processing waste is greater

than one-half of an acre in area (21,780 sq. ft.) and less than three quarters

of an acre in area (32,670 sq. ft.), then a permittee shall conduct a tier-two

survey of the area of its discharge of deposited waste prior to December

2001. If the survey finds that the deposited waste exceeds three quarters of

an acre, then a permittee shall conduct tier-three survey immediately but no

later than June 2002.

The tier-two seafloor survey shall be conducted along four transects. The

principal transect shall be oriented along the maximum horizontal dimension of

the deposited waste ("the length"). The second transect ("the width") shall be

perpendicular to the principal transect and shall cross it at the point where the

deposited waste is widest in that direction. The remaining two transects shall

pass through the point where the first two transects intersect and shall be at

45 degree angles to the first two transects. The survey shall record and

report the measurements of the distances of each transect to the end of the

observable deposited waste. This method shall be used in each area or pile

of seafood processing waste deposited on the bottom and all measurements

shall be added together to calculate the total area of deposit.

Figure 2. Monitoring Approach to a Tier-Two Seafloor Survey.

(Tier 2 Figure)
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 34 of 82

c. Tier-three survey. If a permittee has determined from its seafloor monitoring

program that its deposited seafood processing waste is equal to or greater

than three quarters of an acre in area (32,670 sq. ft.), then a permittee shall

conduct a tier-three survey of the area of its deposited waste each year of

this Permit or until the deposited waste is less than three quarters of an acre

in area. 

The tier-three seafloor survey shall be conducted along four transects. The

principal transect shall be oriented along the maximum horizontal dimension of

the deposited waste ("the length"). The second transect ("the width") shall be

perpendicular to the principal transect and shall cross it at the point where the

deposited waste is widest in that direction. The remaining two transects shall

pass through the point where the first two transects intersect and shall be at

45 degree angles to the first two transects. The survey shall include

measurements of the distances from the point where the transects intersect

to the end of the observable waste. The survey shall also include

measurements of the thickness of each waste deposit at the point where the

transects intersect and at the eight points that are half way between the

intersection point and the end each transect. This method shall be used in

each area or pile of seafood processing waste deposited on the bottom and

all measurements shall be added together to calculate the total area of

deposit.

Figure 3. Monitoring Approach to a Tier-Three Seafloor Survey.

(Tier Figure 3)
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 35 of 82

7. Monitoring report. A permittee shall submit a report of the seafloor monitoring

survey which describes the methods and results of the survey. The report shall

include the seafloor survey form. [See Attachment D for seafloor survey form.] 

a. Methods. A description of the methods including at least the name, address

and phone number of the surveyor, the date of the survey, and the

observational method and equipment used in the survey.

b. Results. The report shall include the facility’s name and NPDES permit

number, the date(s) and times of the survey, the latitude, longitude and

location relative to shore markers of the outfall terminus, and the name(s) and

phone number(s) of the diver(s). The report shall include a description of the

outfall pipe condition, an indication of an active or inactive discharge

occurring during the time(s) of the survey, current directions and speeds,

observations and photographs of waste residue size in the deposit within 10 ft

of the outfall, waste residue distribution pattern, and the type and amount of

marine life observed as present on the waste residue deposit or the area

surrounding the waste residue deposit. The survey report shall include at

least the required dimensions and area of the waste residue deposit(s) in

square feet and a map of the configuration of each waste deposit in relation

to both the outfall and the bathymetry of the seafloor.

c. Area. The area of the deposited waste may be calculated by treating each

separate waste deposit as the sum of the areas of two parabolas which are

joined at a common base (the "width") and which have heights that together

equal the "length" of the waste deposit. The calculation of the area of each

waste deposit is provided by the equation:

Area = (maximum width x maximum length) x (0.67)

A permittee shall submit a report of the seafloor survey to EPA and ADEC no later

than February 14th of the year following the survey, in conjunction with the Annual

Report.

8. Signatory requirements. A permittee shall ensure that the monitoring report is

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

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

EPA and ADEC determine that it is appropriate. A modification may be requested

by a permittee. The modified program may include changes in survey (1) stations,

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

10. Request for a waiver. A permittee may request a waiver of the seafloor monitoring

requirements. A request for a waiver must provide a detailed description of the

circumstances supporting a waiver of monitoring and a demonstration that the

discharge meets the Alaska water quality standard for residues that deposit on the

bottom.
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 36 of 82

11. Requirement to apply for an individual permit. EPA, in consultation with ADEC,

may require a permittee to apply for an individual NPDES permit if the seafloor

monitoring program indicates a probable violation of the Alaska water quality

standards for residues in marine waters. EPA has selected three quarters of an

acre of deposition from seafood processing waste residues as a threshold for

concerned interest which may require a permittee to apply for an individual NPDES

permit.

D. Sea surface and shoreline monitoring requirements

1. Applicability. During the term of this Permit all permittees classified as near-shore

or shore-based seafood processors (discharging within one (1) nautical mile of

shore at MLLW) shall conduct a sea surface and shoreline monitoring program.

2. Purpose. A 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." ADEC has

authorized a mixing zone of 100-foot radius around the end of its seafood

processing discharge outfall for each facility permitted under this Permit in

accordance with 18 AAC 70.

 A 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 effluent plume. 

[See Appendix D for ESA-listed species, descriptions and pictures.]

3. Objectives. 

a. Monitoring the sea surface will provide daily assessments of the presence

and amounts of residues floating on the sea surface during a near-shore or

shore-based 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 provide a timely

basis for correcting violations when they occur. 

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

days for which observations were made and, for each day of

observation, the daily incidence of occurrence and estimate any areal

extent of contiguous films, sheens or mats of foam within 100-foot

radius of the end of the processing waste outfall(s) and, in the case of

shore-based facilities, within 100 feet of the seaward physical boundary

of the facility (e.g., docks and piers).
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 37 of 82

(3) The sea surface monitoring shall enumerate the occurrence and

numbers of animals identified as Steller's sea lion (Eumetopias

jubatus), Steller's eider (Polysticta stelleri), spectacled eider

(Somateria fisheri), or short-tailed albatross (Phoebastria albatrus)

within the survey area. [See Appendix D.]

(4) The sea surface and shoreline monitoring shall observe and record

incidents of injured or dead Steller’s eiders in the survey area around

the facility, the adjacent shore, and the adjacent receiving water. 

Monitoring of Steller’s eiders will include recording the numbers of

injured or dead eiders and their probable cause of their injury or death,

including collisions with facility structures (e.g., buildings, lights, poles,

power lines, guy wires, vessels, docks and towers). 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 FWS Anchorage

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

b. Monitoring the shoreline will provide periodic assessments of the presence

and amounts of residues deposited upon the shore during a facility’s

operation and discharge.

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

the Permit limit for residues on the shoreline and provide a timely basis

for correcting violations when they occur. 

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

which observations were made and, for each day of observation, the

incidence of occurrence and estimated areal extent of any deposits of

seafood waste sludge, solids or emulsions upon the shoreline adjacent

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

4. Schedule. A near-shore or shore-based permittee shall conduct a sea surface

and shoreline monitoring program during each year of coverage under the permit

in accordance with the frequency of observations required above in Parts V.A-C. 

5. Monitoring reporting. A permittee shall submit a brief report of the monitoring

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

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

surveyor(s), the observational method and equipment used in the survey, and the

point(s) of observation. The report of positive observations shall include the date

and time of observation, an estimate of any area of scum, sheen, film or foam on

the sea surface, and/or any area of sludge, solids, emulsion or scum deposited on

the shoreline.
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 38 of 82

A permittee shall submit the report to EPA and ADEC no later than February 14th

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

with the annual report of production and effluent monitoring.

A permittee shall report noncompliance with the Permit limit on residues to EPA by

telephone (206-553-1846) and to ADEC (907-269-7523 within 24 hours from the

time a permittee becomes aware any such violation. 

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

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

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

EPA and ADEC determine that it is appropriate. A modification may be requested

by a permittee. The modified program may include changes in survey (1) stations,

(2) times or (3) parameters.

8. Request for a waiver. A permittee may request a waiver of the sea surface and

shoreline monitoring requirements. A request for a waiver must provide a detailed

description of the circumstances supporting a waiver of monitoring and a

demonstration that the discharge meets the Alaska water quality standard for

residues. Individual monitoring days may be waived due to conditions (e.g.,

weather or sea state) which make this monitoring hazardous to human health and

safety.

9. Requirement to apply for an individual permit. EPA, in consultation with ADEC,

may require a permittee to apply for an individual NPDES permit if the sea surface

and shoreline monitoring program indicates a probable violation of the Alaska

water quality standards for residues.

VII. 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,

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.
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 39 of 82

B. 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.

C. 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 (907-269-7523) 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;

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.
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 40 of 82

D. Other noncompliance reporting. A permittee shall report all instances of

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

VIII. 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

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
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 41 of 82

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

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.
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 42 of 82

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

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.
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 43 of 82

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. 

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.
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IX. 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

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
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Alaska Seafood Processors page 45 of 82

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

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.
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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.

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.
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Alaska Seafood Processors page 47 of 82

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

other requirements of the Act then applicable.

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.

X. 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.
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Alaska Seafood Processors page 48 of 82

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 or B, or depicted in

Appendix C.

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

and part thereof, generated during 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 substrate means intertidal and seafloor communities of benthic plants (e.g., macroalgae 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.

MSD means marine sanitation device.

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 B for NOI form.]
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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 process waste means the waste fluids (including stickwater), organs, flesh,

bones and chitinous shells produced in the conversion of aquatic animals from a raw form to

a marketable form.

Seafood process 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.

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

circular anchorage area of radius equal to or less than one-half (0.5) nautical mile of a

vessel.

Unwashed mince means minced fish which is neither washed nor dewatered and is frozen

into blocks.
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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.

USFWS means United States Fish and Wildlife Service.

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 exceedance of the water quality criteria of 18 AAC 70.020(b) and the

antidegradation requirement of 18 AAC 70.015.
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APPENDIX A

ALPHABETICAL LISTING OF RECEIVING WATERS EXCLUDED 

FROM COVERAGE UNDER GENERAL PERMIT AK-G52-0000

Code to Acronyms used for Status: NM = national monuments, NM&p = national monuments and preserves, NP = national parks, Np = national

preserves, NP&p = national parks and preserves, NWA = national wilderness area, NWR = national wildlife refuges, SBN = seabird nesting

areas, SCHA = state critical habitat areas, SECH = Steller’s eider critical habitat, SGR = state game refuge, SGS = state game sanctuary,

SSCH = Steller sea lion critical habitat, W&SR = wild and scenic river, WQ-ar = water quality at-risk, WQ-lim = water quality limited

Receiving Waters Location Status Excluded Area

Admiralty Island, rivers and coastal waters Admiralty Island, SE Alaska NM Admiralty Island Nat'l Monument

Akutan Harbor, west of 165°46'00"W Akutan Island WQ-lim Akutan Harbor, west

Alagnak River Nushagak-Bristol Bay lowland W&SR Alagnak River W&SR

Alatna River Central Brooks Mountains Range W&SR Alatna River W&SR

Aleutian Islands, coastal waters Bering Sea and north Gulf of Alaska NWR Alaska Maritime NWR

Alinchak Bay Alaska Peninsula NWR Alaska Peninsula NWR

Alitak Bay Kodiak Island NWR Kodiak NWR

Amber Bay South-central Alaska Peninsula NM&p Aniakchak Nat'l Monument/Preserve

Anchor River East of the City of Anchor Point SCHA Anchor River-Fritz Creek SCHA

Aniakchak Bay South-central Alaska Peninsula NM&p Aniakchak Nat'l Monument/Preserve

Aniakchak River Aleutian Mountains Range W&SR Aniakchak River W&SR

Baird Inlet West Alaska NWR Yukon Delta NWR

Ban Bay Afognak Island NWR Kodiak NWR

Baranof Tongass Nat'l Forest, SE Alaska NWA South Baranof NWA

Big River wetlands, north Redoubt Bay West of the City of Nikiski SCHA Redoubt Bay SCHA

Captains Bay Unalaska Island WQ-lim Captains Bay

Chagvan Bay South of the City of Good News SGR Cape Newenham SGR

Chagvan Bay South of City of Good News NWR Togiak NWR

Charley River Yukon-Tanana uplands W&SR Charley River W&SR

Chichagof-Yakobi Tongass Nat'l Forest, SE Alaska NWA West Chichagof-Yakobi NWA

Chilikadrotna River Central Brooks Mountains Range W&SR Chilikadrotna River W&SR

Chilkat River wetlands Adjacent Klukwan, north of City of Haines SCHA Chilkat River SCHA

Chiratna Bay North coast of Cook Inlet NP&p Lake Clark Nat'l Park/Preserve 

Chuck River Tongass Nat'l Forest, SE Alaska NWA Chuck River NWA

Cinder River delta and tidal flats SW of the City of Pilot Point SCHA Cinder River SCHA
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Cold Bay, outer Alaska Peninsula NWR Alaska Peninsula NWR

Cold Bay, inner SW terminus of Alaska Peninsula NWR Izembek NWR

Cook Inlet shoreline near Kasilof South of the City of Kasilof to Happy Valley SCHA Clam Gulch SCHA

Copper River delta SE of the City of Cordova SCHA Copper River Delta SCHA

Corner Bay

Coronation Island Tongass Nat'l Forest, SE Alaska NWA Coronation Island NWA

Cross Sound North Alexander Archipelago NP&p Glacier Bay Nat'l Park/Preserve

Cube Cove

Dixon Harbor North Alexander Archipelago NP&p Glacier Bay Nat'l Park/Preserve

Dude Creek off Icy Passage West of the City of Gustavus SCHA Dude Creek SCHA

Egegik Bay, southwest West of the City of Egegik SCHA Egegik SCHA

Endicott River Tongass Nat'l Forest, SE Alaska NWA Endicott River NWA

Etolin Tongass Nat'l Forest, SE Alaska NWA South Etolin NWA

Fox River delta at head of Kachemak Bay NE of the City of Homer SCHA Fox River Flats SCHA

Fritz Cove City of Juneau SGR Mendenhall Wetlands SGR

Fritz Creek East of the City of Anchor Point SCHA Anchor River-Fritz Creek SCHA

Gibson Cove City of Kodiak WQ-ar Gibson Cove

Glacier Bay North Alexander Archipelago NP&p Glacier Bay Nat'l Park/Preserve

Goose Bay North of the City of Anchorage SGR Goose Bay SGR

Hagemeister Strait Adjacent to City of Togiak NWR Togiak NWR

Hallow Bay South base of Alaska Peninsula NP&p Katmai Nat'l Park/Preserve

Hamilton Bay

Hazen Bay West Alaska NWR Yukon Delta NWR

Herendeen Bay, south Alaska Peninsula NWR Alaska Peninsula NWR

Herring Bay City of Sitka WQ-lim Herring Bay

Hobart Bay

Hooper Bay West Alaska NWR Yukon Delta NWR

Icy Bay, north NW of the City of Yakutat NP&p Wrangell-St. Elias Nat'l P&p

Isabella River wetlands City of Fairbanks SGR Creamer's Field SGR

Isembek Lagoon NW terminus of the Alaska Peninsula SGR Izembek SGR

Izembek Lagoon NW terminus of the Alaska Peninsula NWR Izembek NWR

Jacksmith Bay Quinhagak NWR Togiak NWR

Jamestown Bay Near Cannon Island WQ-lim Jamestown Bay

John River Central Brooks Mountains Range W&SR John River W&SR

Kachemak Bay Adjacent to Cities of Homer and Seldovia SCHA Kachemak Bay SCHA

Kaliakh River delta West of Cape Yakataga SGR Yakataga SGR

Kamishak Bay South base of Alaska Peninsula NP&p Katmai Nat'l Park/Preserve
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Alaska Seafood Processors page 53 of 82

Kamishak Bay, inner tidal flats SE base of the Alaska Peninsula SGR McNeil River SGR

Kangirlvar Bay West Alaska NWR Yukon Delta NWR

Karta Tongass Nat'l Forest, SE Alaska NWA Karta NWA

Katmai Bay South base of Alaska Peninsula NP&p Katmai Nat'l Park/Preserve

Kazakof Bay

Kiliuda Bay Kodiak Island NWR Kodiak NWR

Kinak Bay South base of Alaska Peninsula NP&p Katmai Nat'l Park/Preserve

King Cove City of King Cove WQ-lim King Cove

Knik River tidal flats NE of the City of Anchorage SGR Palmer Hay Flats SGR

Knik Shoal City of Anchorage SGR Anchorage Coastal Area SGR

Kobuk River Central Brooks Mountains Range W&SR Kobuk River W&SR

Kokechik Bay West Alaska NWR Yukon Delta NWR

Kootznoowoo Tongass Nat'l Forest, SE Alaska NWA Kootznoowoo NWA

Koyukuk River, north fork Eastern Brooks Mountains Range W&SR North Fork Koyukuk River W&SR

Kuiu Tongass Nat'l Forest, SE Alaska NWA Kuiu NWA

Kukak Bay, South base of Alaska Peninsula NP&p Katmai Nat'l Park/Preserve

Kulukak Bay East of City of Twin Hills NWR Togiak NWR

Kupreanof Strait Afognak Island NWR Kodiak NWR

Kuskokwin River delta West Alaska NWR Yukon Delta NWR

Kuskokwin Bay, southern South of the City of Good News SGR Cape Newenham SGR

Little Kamishak River, lower East base of the Alaska Peninsula SGS McNeil River SGS

Lituya Bay SE Alaska NP&p Glacier Bay Nat'l Park/Preserve

Lost Harbor Akun Island, east Aleutian Islands WQ-ar Lost Harbor

Maurelle Islands Tongass Nat'l Forest, SE Alaska NWA Maurelle Islands NWA

McNeil River, lower East base of the Alaska Peninsula SGS McNeil River SGS

Misty Fiords Tongass Nat'l Forest, SE Alaska NWA Misty Fiords NWA

Misty Fjiords Tongass Nat'l Forest, SE Alaska NM Misty Fjiords Nat'l Monument

Mulchatna River Alaska Mountains Range W&SR Mulchatna River W&SR

Nelson Lagoon City of Port Moller SCHA Port Moller SCHA

Noatak River Eastern Brooks Mountains Range W&SR Noatak River W&SR

Nuka Bay South Kenai Peninsula Np Kenai Fjords Nat'l Preserve

Nushagak Bay, west West of City of Clarks Point NWR Togiak NWR

NW Gastineau Channel City of Juneau SGR Mendenhall Wetlands SGR

Ocean Bay Kodiak Island NWR Kodiak NWR

Olga Bay Kodiak Island NWR Kodiak NWR

Pack Creek, lower, off north Windfall Harbor E Admiralty Is., SE Alaska SGS Stan Price SGS

Paint River SE base of the Alaska Peninsula SGR McNeil River SGR
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Paint River, lower East base of the Alaska Peninsula SGS McNeil River SGS

Palma Bay SE Alaska NP&p Glacier Bay Nat'l Park/Preserve

Petersburg Creek Tongass Nat'l Forest, SE Alaska NWA Petersburg Creek NWA

Pleasant Islands Tongass Nat'l Forest, SE Alaska NWA Pleasant Islands NWA

Point HcCartney

Popof Strait City of Sand Point WQ-lim Popof Strait

Port Moller, south Alaska Peninsula NWR Alaska Peninsula NWR

Port Moller City of Port Moller SCHA Port Moller SCHA

Port Heiden North-central Alaska Peninsula SCHA Port Heiden SCHA

Pribilof Islands, coastal waters Bering Sea NWR Alaska Maritime NWR

Prince of Wales Tongass Nat'l Forest, SE Alaska NWA South Prince of Wales NWA

Rowan Bay Kuru Island WQ-lim Rowan Bay

Russell Fiord Tongass Nat'l Forest, SE Alaska NWA Russell Fiord NWA

Saginaw Bay

Salmon River Baird Mountains W&SR Salmon River W&SR

Salt Lake Bay

Scammon Bay West Alaska NWR Yukon Delta NWR

Schulze Cove

Security Cove South of City of Platinum NWR Togiak NWR

Silver Bay City of Sitka WQ-lim Silver Bay

Sitkalidak Strait Kodiak Island NWR Kodiak NWR

Sitkinak Bay Trinity Islands NWR Kodiak NWR

Skilak Lake NW Kenai Peninsula NWR Kenai NWR

Stikine-LeConte Tongass Nat'l Forest, SE Alaska NWA Stikine-LeConte NWA

Susitna River tidal flats West of the City of Anchorage SGR Susitna Flats SGR

Swamp Creek wetlands in Cook Inlet SW Kalgin Island SCHA Kalgin Island SCHA

Tanana River wetlands West of the City of Fairbanks SGR Minto Flats SGR

Tebenkof Bay Tongass Nat'l Forest, SE Alaska NWA Tebenkof Bay NWA

Thorne Bay Prince of Wales Island WQ-lim Thorne Bay

Tinayguk River Central-eastern Brooks Mountains Range W&SR Tinayguk River W&SR

Tlikakila River Southern Alaska Mountains Range W&SR Tlikakila River W&SR

Togiak Bay, mouth of Walrus Islands and Summit Island SGS Walrus Islands SGS

Togiak Bay Adjacent to City of Togiak NWR Togiak NWR

Tolstoi Bay

Tracy Arms Tongass Nat'l Forest, SE Alaska NWA Tracy Arm-Fords Terror NWA

Trading Bay SW of the City of Anchorage SGR Trading Bay SGR

Tugidak Island coastal water Tugidak Island, southwest of Kodiak Island SCHA Tugidak Island SCHA
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Tugidak Bay Trinity Islands NWR Kodiak NWR

Turnagain Arm, south shore NW Kenai Peninsula NWR Kenai NWR

Turnagain Arm tidal flats, northern City of Anchorage SGR Anchorage Coastal Area SGR

Tustumena Lake NW Kenai Peninsula NWR Kenai NWR

Tuxedni Bay North coast of Cook Inlet NP&p Lake Clark Nat'l Park/Preserve 

Two Arm Bay South Kenai Peninsula Np Kenai Fjords Nat'l Preserve

Twelve Mile Arm

Udagak Bay Unalaska Island WQ-lim Udagak Bay

Uganik Bay Kodiak Island NWR Kodiak NWR

Ugashik Bay West of the City of Pilot Point SCHA Pilot Point SCHA

Unalaska Bay, south Unalaska Island WQ-lim Unalaska Bay, south

Uyak Bay Kodiak Island NWR Kodiak NWR

Ward Cove City of Ketchikan WQ-lim Ward Cove

Warren Island Tongass Nat'l Forest, SE Alaska NWA Warren Island NWA

West Port Fredrick

Willow Creek tributaries NW of the City of Palmer SCHA Willow Mountain

Yakutat Bay, west NW of the City of Yakutat NP&p Wrangell-St. Elias Nat'l P&p

Yukon River delta West Alaska NWR Yukon Delta NWR
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APPENDIX B

CATEGORICAL LISTING OF AREAS EXCLUDED 

FROM COVERAGE UNDER GENERAL PERMIT AK-G52-0000

Excluded Area Receiving Waters Location

STATE GAME REFUGES (SGR; see Appendix C, Figure 1)

Anchorage Coastal SGR Knik Arm, Turnagain Arm; City of Anchorage

N Cook Inlet

Cape Newenham SGR Chagvan Bay; S Kuskokwin Bay South of the City of Good News

Creamer's Field SGR Isabella River wetlands City of Fairbanks

Goose Bay SGR Goose Bay, Knik Arm; N Cook Inlet North of the City of Anchorage

Izembek SGR Isembek Lagoon; SE Bristol Bay NW terminus of the Alaska Peninsula

McNeil River SGR Paint River and Kamishak Bay SE base of the Alaska Peninsula

Mendenhall Wetlands SGR NW Gastineau Channel City of Juneau

Minto Flats SGR Tanana River wetlands West of the City of Fairbanks

Palmer Hay Flats SGR Knik Arm; N Cook Inlet NE of the City of Anchorage

Susitna Flats SGR N Cook Inlet West of the City of Anchorage

Trading Bay SGR Gompertz Channel, Trading Bay SW of the City of Anchorage

Yakataga SGR Tsiu River delta; N Gulf of Alaska West of Cape Yakataga

STATE CRITICAL HABITAT AREAS (SCHA; see Appendix C, Figure 2)

Anchor River-Fritz Creek SCHA Anchor River and Fritz Creek East of the City of Anchor Point

 Chilkat River SCHA Chilkat River North of the City of Haines

Cinder River SCHA Cinder River delta, E Bristol Bay SW of the City of Pilot Point

Clam Gulch SCHA Cook Inlet South of the City of Kasilof

Copper River Delta SCHA Copper River delta; N Gulf of Alaska SE of the City of Cordova

Dude Creek SCHA Dude Creek, Icy Passage West of the City of Gustavus

Egegik SCHA Egegik Bay and E Bristol Bay West of the City of Egegik

Fox River Flats SCHA Fox River delta, Kachemak Bay NE of the City of Homer

Kachemak Bay SCHA Kachemak Bay Adjacent to the City of Homer

Kalgin Island SCHA Swamp Creek wetlands; Cook Inlet SW Kalgin Is.

Pilot Point SCHA Ugashik Bay and E Bristol Bay West of the City of Pilot Point
NPDES Permit AK-G52-0000

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Port Heiden SCHA Port Heiden and E Bristol Bay North-central Alaska Peninsula

Port Moller SCHA Port Moller and Nelson Lagoon City of Port Moller

Redoubt Bay SCHA Big River wetlands, Redoubt Bay; Cook Inlet West of the City of Nikiski

Tugidak Island SCHA NW Gulf of Alaska Trinity Islands, SW of Kodiak Is.

Willow Mountain SCHA Willow Creek tributaries NW of the City of Palmer

STATE GAME SANCTUARIES (SGS; see Appendix C, Figure 3)

McNeil River SGS Kamishak Bay; NW Cook Inlet SE base of the Alaska Peninsula

Stan Price SGS Windfall Harbor; Seymour Canal E Admiralty Is., SE Alaska

Walrus Islands SGS Togiak Bay; N Bristol Bay Walrus Is. (a.k.a. Round Is.), Crooked Is., High Is.,

Summit Is., Black Rock the Twins

NATIONAL PARKS, PRESERVES AND MONUMENTS (NP, Np, NM; see Appendix C, Figure 4)

Admiralty Island Nat'l Rivers and coastal waters of Admiralty Island, SE Alaska

 Monument national monument

Aniakchak Nat'l Monument Aniakchak Bay, Amber Bay South central Alaska Peninsula

 and Preserve

Glacier Bay Nat'l Park Glacier Bay, Cross Sound, North Alexander Archipelago,

 and Preserve Dixon Harbor, Palma Bay, SE Alaska

Lituya Bay; N Gulf of Alaska

Katmai Nat'l Park Katmai Bay, Kinak Bay, Kukak Bay, S base of Alaska Peninsula

 and Preserve Hallow Bay, Kamishak Bay

Kenai Fjords Nat'l Nuka Bay, Two Arm Bay S Kenai Peninsula

 Preserve

Lake Clark Nat'l Park Chiratna Bay, Tuxedni Bay N coast of Cook Inlet

 and Preserve

Misty Fiords Nat'l Monument Tongass Nat'l Forest, SE Alaska

Wrangell-St. Elias Nat'l N Icy Bay, W Yakutat Bay; NW of the City of Yakutat

 Park and Preserve N Gulf of Alaska

NATIONAL WILDLIFE REFUGES (NWR; see Appendix C, Figure 5)

Alaska Maritime NWR Bering Sea, N Gulf of Alaska Aleutian Islands and Pribilof

Islands

Alaska Peninsula NWR S Port Moller and S Herendeen Alaska Peninsula
NPDES Permit AK-G52-0000

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Bay and the coastal waters from

NE Cold Bay to Alinchak Bay

Izembek NWR Cold Bay, Izembek Lagoon SW terminus of Alaska Peninsula

Kenai NWR S Turnagain Arm; N Cook Inlet Kenai Peninsula

Kodiak NWR Kiliuda Bay, Sitkalidak Strait, Kodiak Is., Afognak Is. and

Alitak Bay, Sitkinak Strait, Trinity Islands

Olga Bay, Uyak Bay, Uganik Bay; 

Ban Bay; W Gulf of Alaska

Togiak NWR Jacksmith Bay, Goodnews Bay, Surrounding the City of Togiak

Chagvan Bay, Hagemeister Strait, 

Togiak Bay, Kulukak Bay, Nushagak 

Bay; N Bristol Bay

Yukon Delta NWR Scammon Bay, Kokechik Bay, Hooper Yukon River delta, Kuskokwin

Bay, Hazen Bay, Baird Inlet; River delta, Nunivak Is.

E Bering Sea

NATIONAL WILDERNESS AREAS (NWA; see Appendix C, Figure 6)

Chuck River NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Coronation Island NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Endicott River NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Karta NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Kootznoowoo NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Kuiu NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Maurelle Islands NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Misty Fiords NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Petersburg Creek NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Pleasant Islands NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Russell Fiord NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

South Baranof NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

South Etolin NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

South Prince of Wales NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Stikine-LeConte NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Tebenkof Bay NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Tracy Arm-Fords Terror NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

Warren Island NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska

West Chichagof-Yakobi NWA Rivers and coastal waters of NWA Tongass Nat'l Forest, SE Alaska
NPDES Permit AK-G52-0000

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STELLER SEA LION ROOKERIES, HAUL-OUT AREAS AND CRITICAL HABITAT (SS; see Appendix C, Figure 7)

58 Federal Register 45278

SEA BIRD NESTING AREAS (SBN; see Appendix C, Figure 8)

STELLER’S EIDER CRITICAL HABITAT (SECH; see Appendix C, Figure 9)

ALASKA RIVER SEGMENTS DESIGNATED UNDER THE WILD AND SCENIC RIVERS ACT

Alagnak River Riverine waters Nushagak-Bristol Bay lowland

Alatna River Riverine waters Central Brooks Mountains Range

Aniakchak River Riverine waters Aleutian Mountains Range

Charley River Riverine waters Yukon-Tanana uplands

Chilikadrotna River Riverine waters Central Brooks Mountains Range

John River Riverine waters Central Brooks Mountains Range

Kobuk River Riverine waters Central Brooks Mountains Range

North Fork Koyukuk River Riverine waters Eastern Brooks Mountains Range

Mulchatna River Riverine waters Alaska Mountains Range

Noatak River Riverine waters Eastern Brooks Mountains Range

Salmon River Riverine waters Baird Mountains

Tinayguk River Riverine waters Central-eastern Brooks Mountains Range

Tlikakila River Riverine waters Southern Alaska Mountains Range

IMPAIRED OR WATER QUALITY-LIMITED WATERS LISTED BY ADEC IN EITHER ITS CWA §305(b) REPORT OR §303(d) LIST

Akutan Harbor, west Waters of the bay west of Akutan Island

165°46'00"W

Unalaska Bay, south Waters of Unalaska Bay from the Unalaska Island

southwest point of Amaknak Is. at 

Arch Rock west to the western point

of Captains Bay at 53°52'45"N, 

166°34'33", west along shore to 

Devilfish Point, north to the 

southern tip of Hog Is., east to 
NPDES Permit AK-G52-0000

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shore of Amaknak Is. at northern end 

of airstrip at 53°54'16"N, 166°33'09"W, 

south along the shore of Amaknak Is. 

to the point of origin

Captains Bay All of the waters of the bay Unalaska Island

to the bridge separating Iliuliuk 

Harbor and a line at the mouth of 

the bay between Arch Rock point 

and the point of land at 53°52'45"N,

166°34'33"W

Udagak Bay Waters of the bay from a line Unalaska Island

between 53°44'32"N, 166°19'14"W

and 53°44'32"N, 166°19'14"W

Gibson Cove Gibson Cove City of Kodiak

Herring Bay Herring Bay City of Sitka

Jamestown Bay Jamestown Bay Near Cannon Island

King Cove King Cove City of King Cove

Popof Strait Popof Strait City of Sand Point

Rowan Bay Rowan Bay Kuru Island

Silver Bay Silver Bay City of Sitka

Thorne Bay Thorne Bay Prince of Wales Island

Ward Cove Ward Cove City of Ketchikan
NPDES Permit AK-G52-0000

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APPENDIX C. 

MAPS OF AREAS EXCLUDED FROM COVERAGE

UNDER THIS GENERAL PERMIT
NPDES Permit AK-G52-0000

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Figure 4. Locations of Alaska State Game Refuges, Critical Habitat Areas and Sanctuaries.
NPDES Permit AK-G52-0000

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Figure 5. Locations of National Wilderness Areas.
NPDES Permit AK-G52-0000

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Figure 6. Locations of Steller sea lion rookeries in the Aleutian Islands and Bering Sea.
NPDES Permit AK-G52-0000

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Figure 7. Locations of Steller sea lion rookeries in the Gulf of Alaska and southeast Alaska..
NPDES Permit AK-G52-0000

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Figure 8. Locations of colonies of seabirds in Alaska.
NPDES Permit AK-G52-0000

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APPENDIX D. 

PICTURES OF SPECIES LISTED UNDER THE ENDANGERED SPECIES ACT
NPDES Permit AK-G52-0000

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Figure 9. Steller’s eider (Polysticta stelleri), a sea duck.
NPDES Permit AK-G52-0000

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Figure 10. Spectacled eider (Somateria fisheri), a sea duck.
NPDES Permit AK-G52-0000

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Figure 11. Short-tailed albatross (Phoebastria albatrus)
NPDES Permit AK-G52-0000

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Figure 12. Steller’s sea lion (Eumetopias jubatus)
NPDES Permit AK-G52-0000

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ATTACHMENT A: Table of Conditions pursuant to Selected Other Authorities

Table of Conditions Required by Other Federal Agencies pursuant to Selected Other Authorities

NMFS = National Marine Fisheries Service

FWS = U.S. Fish and Wildlife 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 or the U.S. Fish and Wildlife Service.

NMFS

 and

FWS

Marine Mammal Protection Act

All seafood processors that are authorized under this Permit and that

provide refueling to vessels shall ensure that the refueling nozzles or

valves at their facility are equipped with functional automatic back

pressure shutoff nozzles or valves as required by 33 CFR 154.500

which prevent accidental spills during refueling due to overfilling of the

receiving tank or to loss of operator control of the refueling hose.

FWS Oil Pollution Act

and

Endangered Species Act
NPDES Permit AK-G52-0000

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ATTACHMENT B.

Notice of Intent (NOI) to be Covered Form
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 74 of 82
NPDES Permit AK-G52-0000

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NPDES Permit AK-G52-0000

Alaska Seafood Processors page 76 of 82
NPDES Permit AK-G52-0000

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ATTACHMENT C.

Annual Report Form
NPDES Permit AK-G52-0000

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NPDES Permit AK-G52-0000

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NPDES Permit AK-G52-0000

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ATTACHMENT D.

Seafloor Monitoring Form
NPDES Permit AK-G52-0000

Alaska Seafood Processors page 81 of 82
NPDES Permit AK-G52-0000

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