reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 11 - Laboratory Certification Requirements › 18 AAC 80.1103 - Analytical methods for which certification may be granted

Current through May 31, 2024
The analytical requirements and method detection limits for
				  water contaminants are as follows:
(1)
				for the organic chemicals listed in
				40 C.F.R.
				141.61, adopted by reference in
				18 AAC 80.010(a),
				the analytical requirements and method detection limits are set out in
				40 C.F.R.
				141.24(e) and (f)(17),
				adopted by reference in
				18 AAC 80.010(a);
(2) for the disinfection byproducts listed in
				40 C.F.R.
				141.64(a), adopted by
				reference in
				18 AAC 80.010(a),
				the analytical requirements and method detection limits are set out in
				40 C.F.R.
				141.131, adopted by reference in
				18 AAC 80.010(a);
(3) for the inorganic chemicals listed in
				40 C.F.R.
				141.62, adopted by reference in
				18 AAC 80.010(a),
				the analytical requirements and method detection limits are set out in
				40 C.F.R.
				141.23(a)(4)(i) and (k),
				adopted by reference in
				18 AAC 80.010(a);
(4) for the secondary contaminants listed in
				40 C.F.R.
				143.3, adopted by reference in
				18 AAC 80.010(a),
				requirements for sampling and analysis are set out in
				40 C.F.R.
				143.4, adopted by reference in
				18 AAC 80.010(a);
(5) analyses for total coliform and
Escherichia coli
required under
				18 AAC 80.400 - 18 AAC 80.445 must
				be conducted in accordance with
				40 C.F.R.
				141.852,
				40 C.F.R.
				141.858(b), and, if
				applicable, 40 C.F.R.
				141.21(e)(2) and (f) as
				provided under 40 C.F.R.
				141.21(h) all adopted by
				reference in
				18 AAC 80.010(a);
(6) measurements for total coliform, fecal
				coliform, and heterotrophic plate count required under
				18 AAC 80.600 -
				18 AAC 80.699 must be conducted in
				accordance with 40 C.F.R.
				141.74(a), adopted by
				reference in
				18 AAC 80.010(a);
(7) analyses for lead and copper must be
				conducted using methods required by
				40 C.F.R.
				141.23(k), adopted by
				reference in
				18 AAC 80.010(a);
				the practical quantitation limits for lead and copper are set out in
				40 C.F.R.
				141.89(a)(1)(ii) and (iii),
				adopted by reference in
				18 AAC 80.010(a);
(8) analyses for pH, conductivity, calcium,
				alkalinity, orthophosphate, silica, and temperature must be conducted using
				methods required by 40
				C.F.R. 141.23(k), adopted by
				reference in
				18 AAC 80.010(a);
(9) the analytical requirements and method
				detection limits for the radiological contaminants listed in
				18 AAC 80.335 are set out in
				40 C.F.R.
				141.25, adopted by reference in
				18 AAC 80.010(a).
Information about how to review or obtain the reference
					 materials referred to in
					 18 AAC 80.1103 is in the editor's
					 note to 18 AAC 80.010.
Authority:
AS
					 46.03.020
AS 46.03.050
AS 46.03.710
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 11 - Laboratory Certification Requirements › 18 AAC 80.1105 - Onsite inspections

Current through May 31, 2024
(a) After the department issues a
				laboratory's initial certification under
				18 AAC 80.1100(c), the laboratory must
				receive an initial onsite inspection from the department to review the
				laboratory's work product and quality control systems. A laboratory's initial
				certification will be classified as interim certification under 18 AAC
				80.100(c)(2) until the laboratory receives and passes the initial onsite
				inspection.
(b) During the
				three-year period that starts on the date of its initial certification, and
				during each subsequent three-year period that starts on the day after the date
				of an inspection under this subsection or (c) of this section, a laboratory
				certified under
				18 AAC 80.1100(b) and (c) must receive and pass, as a condition of
				maintaining certification, an onsite inspection to review the laboratory's work
				product and quality control systems. The inspection is in addition to the
				initial inspection required under (a) of this section. If a laboratory does not
				receive an onsite inspection in accordance with this subsection, and the
				laboratory qualifies for interim certification under
				18 AAC 80.1100(c) (2), the laboratory's certification will be
				classified as interim certification until the laboratory receives and passes
				the inspection.
(c) Nothing in this
				section prevents the department from conducting, at any time under
				AS
				46.03.020 and
				46.03.860, an onsite inspection of
				a laboratory certified under
				18 AAC 80.1100(b) and (c). The laboratory must pass the inspection
				as a condition of maintaining certification.
(d) If an inspection under this section
				indicates that the inspected laboratory is in compliance with all conditions
				for certification under
				18 AAC 80.1100(c) (1)(A), the department will notify the
				laboratory in writing that it has passed the inspection.
(e) If an inspection under this section
				indicates that the inspected laboratory fails to maintain quality control
				standards as required under
				18 AAC 80.1100(b) (2), or is otherwise deficient in a
				requirement for maintaining certification, the department will report the
				deficiencies to the laboratory in writing and provide an opportunity for
				response. Based on the results of the inspection and on the information
				supplied in the laboratory's response, if any, the department may revoke or
				downgrade certification under
				18 AAC 80.1100(h).
Authority:
AS
					 46.03.020
AS 46.03.050
AS 46.03.710
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 11 - Laboratory Certification Requirements › 18 AAC 80.1109 - Reporting and recordkeeping

Current through May 31, 2024
(a) Each laboratory
				certified under this section must submit sample information on a form provided
				by the department and must transmit sample information to the department by
				electronic means in an approved format.
(b) A certified laboratory performing
				analyses under this chapter is subject to the reporting requirements of this
				chapter, including the requirements of
				18 AAC 80.355 and the report
				certification requirements of
				18 AAC 80.1900.
(c) A certified laboratory shall maintain
				records of chemical and microbiological analyses of compliance samples,
				including all raw data, calculations, and quality control data, for five years
				or until its next onsite inspection as provided in
				18 AAC 80.1105(b)
				is completed, whichever period is longer. Changes in ownership, mergers,
				closures of laboratories, or changes in certification status, including
				decertification, do not eliminate these requirements. Before disposing of a
				public water system's records, a laboratory shall notify the client water
				system so that the system may request copies if needed.
(d) In this section, "sample information"
				means the
(1) identity of the laboratory
				performing the analysis;
(2)
				identity of the water system that supplied the sample;
(3) sampling location;
(4) name of the individual who collected the
				sample;
(5) date and time that the
				sample was collected;
(6) date and
				time that the laboratory received the sample;
(7) sample type;
(8) name of the laboratory technician who
				performed the analysis;
(9) analyte
				code;
(10) method code;
(11) date and time of the analysis;
(12) result of the analysis, including units
				of measure; and
(13) method
				reporting limit, practical quantitation limit, or method detection limit,
				including units of measure, as appropriate for the contaminant for which the
				sample was tested.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 11 - Laboratory Certification Requirements › 18 AAC 80.1110 - Laboratory certification fees

Current through May 31, 2024
(a) The owner or
				operator of a laboratory shall pay fees to the department as follows:
(1) a base fee, for initial certification or
				for renewal under
				18 AAC 80.1100 for any method, of
(A) $150 if applying for certification under
				18 AAC 80.1100(b) and (c) in one or more microbiological methods,
				or for renewal of that certification;
(B) $135 if applying for certification under
				18 AAC 80.1100(d)
				in one or more microbiological methods, or for renewal of that
				certification;
(C) $500 if applying
				for certification under
				18 AAC 80.1100(b) and (c) in one or more chemistry methods, or for
				renewal of that certification;
(D)
				$475 if applying for certification under
				18 AAC 80.1100(d)
				in one or more chemistry methods, or for renewal of that
				certification;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 12 - Administrative Penalties › 18 AAC 80.1200 - Circumstances for assessing a penalty

Current through May 31, 2024
The department may assess a penalty against an entity that
				  violates or causes or permits to be violated a term or condition of this
				  chapter, or a term or condition of an order, permit, approval, or certificate
				  issued under this chapter. The penalty assessed will be stated in terms of
				  dollars per day per violation in accordance with
				  AS
				  46.03.761(g).
Authority:
AS
					 46.03.020
AS
					 46.03.761
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 12 - Administrative Penalties › 18 AAC 80.1220 - Calculation of penalty

Current through May 31, 2024
(a) Subject to (f)
				of this section and the limits imposed by
				AS
				46.03.761(g), the per day
				per violation administrative penalty will be calculated in accordance with the
				following formula:
penalty = (A x B x C x $10) + D
where:
A = the point value assigned under (b) of this
				  section;
B = the point value assigned under (c) of this
				  section;
C = the point value assigned under (d) of this
				  section;
D = the number determined under the formula set out in (e) of
				  this section.
(b) For the
				amount "A" in the penalty formula in (a) of this section, the department will
				assign to the violation a point value reflecting the public health risk factor,
				as follows:
(1) for the following violations
				that have a minor effect on the public health:
(A) failure to comply with
				18 AAC 80.1040 (Consumer
				Confidence Reports): one point;
(B)
				failure to meet a secondary MCL as required under
				18 AAC 80.300(c):
				one point;
(C) a violation of the
				requirements under this chapter that the department determines to have a minor
				effect on the public health: one point;
(D) failure to submit to the department a
				timely certification required under
				18 AAC 80.055(g) or (h): one point;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 12 - Administrative Penalties › 18 AAC 80.1230 - Issuance of preliminary determination

Current through May 31, 2024
(a) If the entity
				does not correct the violation within the time allowed under
				18 AAC 80.1210(b) (3), the department will make a preliminary
				determination to assess an administrative penalty. The department will provide
				to the entity, by personal service or by certified mail, return receipt
				requested, a written notice of the preliminary determination. The department
				will send a copy of the notice of the preliminary determination to the
				governing body of the community or municipality whose residents are served by
				the public water system.
(b) In the
				written notice of preliminary determination under (a) of this section, the
				department will
(1) include each date of each
				violation;
(2) include a
				description of the nature of the violation;
(3) list the regulations, order, permit,
				approval, or certificate that the entity violated;
(4) explain why the department is assessing a
				penalty;
(5) calculate, in
				accordance with
				18 AAC 80.1220, the amount of the
				proposed administrative penalty per day per violation;
(6) calculate the number of days in
				violation;
(7) state that the
				entity may, within 10 days after receipt of the notice of preliminary
				determination, request in writing reconsideration of the preliminary
				determination to assess the penalty, but that a request for reconsideration may
				not be based upon the amount of technical assistance offered to the entity or
				whether the department offered technical assistance to the entity;
(8) state that the request for
				reconsideration submitted under (7) of this subsection must include
(A) information regarding the extent to which
				the violation has been abated or partially abated;
(B) information whether the violation was out
				of the entity's control, including information regarding the unavailability of
				professional or technical personnel or of materials and equipment;
				and
(C) additional relevant
				information that was
(i) not initially
				available to the department; or
(ii) initially available to the department,
				but that the department overlooked;
(9) inform the entity that the entity may
				seek an extension of the 10-day period for making a request for
				reconsideration; the department will describe the requirements of (c)(1) -
				(c)(2) of this section; and
(10)
				state that if the department does not receive a timely request for
				reconsideration, or if after reconsideration the department determines that a
				penalty should be assessed, the department will issue a notice of assessment
				and assess the penalty.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 12 - Administrative Penalties › 18 AAC 80.1240 - Notice of assessment

Current through May 31, 2024
(a) If the
				department does not receive a timely request for reconsideration in accordance
				with 18 AAC 80.1 230(c) - (d), or if after reconsideration the department
				determines that the penalty should be assessed, the department will provide to
				the entity, by personal service or by certified mail, return receipt requested,
				a written notice of assessment.
(b)
				In the written notice of assessment under (a) of this section, the department
				will
(1) include instructions for contesting
				and appealing the assessment, including instructions substantially as follows:
				"The entity has 45 days to file a notice with the department contesting the
				proposed penalty. If, within 45 days after receiving the notice of assessment
				issued by the department, the entity fails to file a notice contesting the
				proposed penalty, the proposed penalty is considered a final order not subject
				to review by the superior court. If the entity contests the proposed penalty by
				filing a notice with the department, the department will afford an opportunity
				for an adjudicaton hearing in accordance with AS 44.62 (Administrative
				Procedure Act) and 2 AAC 64.100 - 2 AAC 64.990. After an opportunity for a
				hearing, the department will issue an order, based upon findings of fact,
				affirming, modifying, or rescinding the administrative penalty.";
(2) include each date of each violation, a
				list of the regulations, orders, permits, approvals, or certificates violated,
				the amount of the proposed administrative penalty per day per violation, and
				the total amount of the proposed penalty; and
(3) inform the entity that the entity may
				seek an extension of the 45-day period for filing a notice of intent to contest
				the proposed administrative penalty; the department will describe the
				requirements of (c)( 1) - (c)(2) of this section.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 12 - Administrative Penalties › 18 AAC 80.1250 - Department order after hearing

Current through May 31, 2024
(a) After affording
				an opportunity for a hearing under 18 AAC 80.1240(c), the department will issue
				an order in writing affirming, modifying, or rescinding an administrative
				penalty. In the order, the department will include text that reads
				substantially as follows: "This administrative order is the final agency
				decision. The entity may obtain judicial review of this administrative penalty
				order by filing a notice of appeal in the superior court in the [number of the
				judicial district] judicial district at [address of the court] within 30 days
				from the date that the decision appealed from is mailed or otherwise
				distributed as provided by the Alaska Rule of Appellate Procedure 602. An
				administrative penalty order becomes final and is not subject to review by a
				court if an appeal is not timely filed with the superior court."
(b) If a penalty is not paid within 30 days
				after the date that the administrative penalty order becomes a final order by
				virtue of not being appealed to the superior court, the department may bring an
				action to collect the penalty, interest, and full reasonable attorney fees and
				costs.
Authority:
AS 46.03.020
AS 46.03.761
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 12 - Administrative Penalties › 18 AAC 80.1290 - Definitions

Current through May 31, 2024
In
				  18 AAC 80.1200 -
				  18 AAC 80.1290, unless the context
				  requires otherwise,
(1) "department's
				reasonable costs" means the following costs that can reasonably be attributed
				to the violation:
(A) the number of hours,
				multiplied by $64, that department employees worked in the detection,
				investigation, and attempted correction of the violation;
(B) administrative costs;
(C) travel costs;
(D) the cost of collecting, transporting, and
				analyzing samples paid for or performed by the department;
(E) the cost of contracted services related
				to the detection, investigation, and attempted correction of the
				violation;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 13 - General Provisions › 18 AAC 80.1900 - Report certification requirements

Current through May 31, 2024
(a) An owner, an
				operator, another responsible person, or a sanitary survey inspector approved
				under 18 AAC 80.435 or
				18 AAC 80.438, shall certify by
				signature that the information and data contained in a report, certification,
				or other document required to be filed under this chapter are true and correct
				to the best of the signer's knowledge and belief.
(b) If an owner, operator, other responsible
				person, or sanitary survey inspector knowingly signs and files with the
				department a report, certification, or other document that contains false
				information, the department may revoke or downgrade any certification or
				approval issued to that individual, including operator certification under
				18 AAC 74.830, sanitary survey
				inspector approval under
				18 AAC 80.439, or laboratory
				certification under
				18 AAC 80.1100(h), or may apply other
				penalties.
Authority:
AS
					 46.03.020
AS 46.03.050
AS 46.03.710
AS 46.03.720
AS
					 46.03.761
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 13 - General Provisions › 18 AAC 80.1915 - Public interest waiver

Current through May 31, 2024
(a) The department
				will waive a fee for performing an inspection or analysis under this chapter if
				the department finds that
(1) after conducting
				an inspection or analysis in response to a complaint, the complaint was
				unfounded;
(2) a public health or
				environmental emergency exists, and an inspection or analysis at no cost to the
				owner is needed to meet the emergency; or
(3) an inspection or analysis is necessary to
				prevent a public health or environmental emergency, and charging a fee for that
				inspection or analysis would not be in the public interest.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 13 - General Provisions › 18 AAC 80.1920 - Appeals

Current through May 31, 2024
(a) Except as provided in (d) of this
				section, not later than 20 days after the department issues a decision
				concerning plans submitted for approval under 18 AAC 80.200 - 18 AAC 80.220, a
				classification under 18 AAC 80.200(a), a waiver, a variance, an exemption, or
				any other decision under this chapter, the applicant, owner or operator, or
				other person adversely affected by the decision may request an informal review
				of the decision under 18 AAC 15 .185, and, not later than 30 days after
				issuance of the department decision, may request an adjudicatory hearing under
				18 AAC 15.195 - 18 AAC 15.340.
(b)
				Repealed 7/11/2002.
(c) Repealed
				7/11/2002.
(d) An entity subject to
				a department decision that proposes or assesses an administrative penalty under
				18 AAC 80.1200- 18 AAC 80.1290 may contest the proposed or assessed
				administrative penalty by following the procedures set out in 18 AAC 80.1200 -
				18 AAC 80.1290.
Authority:
AS 46.03.020
AS 46.03.050
AS 46.03.070
AS 46.03.710
AS 46.03.720
AS 46.03.880
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 1 - Purpose, Applicability, and Term › 18 AAC 83.005 - Purpose, scope, and applicability of Alaska Pollutant Discharge Elimination System (APDES) program

Current through May 31, 2024
(a) The purpose of this chapter,
				18 AAC 83.005 -
				18 AAC 83.990, is to implement the
				Alaska Pollutant Discharge Elimination System (APDES) point source wastewater
				discharge program in a manner that meets the purposes of AS 46.03 and in
				accordance with 33 U.S.C.
				1342 (Clean Water Act, sec. 402) and the
				requirements adopted by reference at
				18 AAC 83.010.
(b) The permit requirements and standards
				established and adopted in this chapter apply to the discharge of pollutants
				from any point source into waters of the United States.
(c) The state's administration of the APDES
				program and the requirements and standards adopted in this chapter will apply
				after the date the commissioner certifies to the lieutenant governor that the
				United States Environmental Protection Agency has approved, under
				33 U.S.C.
				1342(b), the state's
				administration of the APDES program.
(d) This chapter does not apply to the use or
				disposal of sewage sludge when that use or disposal is regulated under  40
				C.F.R. Part 503, as revised as of July 1, 2006.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS
					 46.03.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 1 - Purpose, Applicability, and Term › 18 AAC 83.010 - Requirements, guidelines, and policy documents adopted by reference

Current through May 31, 2024
(a) The provisions
				of 40 C.F.R.
				2.208 (Substantive Criteria for Use in
				Confidentiality Determinations), as revised as of July 1, 2005, are adopted by
				reference.
(b) The following
				provisions of   40 C.F.R. Part 122   (EPA Administered Permit Programs: The
				National Pollutant Discharge Elimination System), as revised as of July 1,
				2006, are adopted by reference:
(1)
										40 C.F.R.
				122.23 (Concentrated Animal Feeding
				Operations);
(2)
										40 C.F.R.
				122.25 (Aquaculture Projects);
(3)
										40 C.F.R.
				122.26 (Storm Water Discharges);
(4)
										40 C.F.R.
				122.29(d) (Effect of
				Compliance with New Source Performance Standards);
(5)
										40 C.F.R.
				122.30 -
				40 C.F.R.
				122.37 (Requirements and Guidance for Small
				Municipal Separate Storm Sewer Systems);
(6)
										40 C.F.R.
				122.42(e) (Additional
				Conditions Applicable to NPDES Permits for Concentrated Animal Feeding
				Operations);
(7) Appendix A to   40
				C.F.R. Part 122   (NPDES Primary Industry Categories);
(8) Appendix C to  40 C.F.R. Part 122
				 (Criteria for Determining a Concentrated Aquatic Animal Production
				Facility);
(9) Appendix D to 40
				C.F.R. Part 122 (NPDES Permit Application Testing Requirements);
(10) Appendix J to 40 C.F.R. Part 122 (NPDES
				Permit Testing Requirements for Publicly Owned Treatment Works).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 1 - Purpose, Applicability, and Term › 18 AAC 83.015 - Duty to obtain a permit; exclusions and prohibitions

Current through May 31, 2024
(a) A person may
				not discharge pollutants from any point source into waters of the United States
				in the state without first obtaining an APDES permit from the department,
				unless the discharge is excluded from APDES permit requirements under (b) of
				this section or the discharge is authorized by an APDES or NPDES permit that
				continues in effect under
				18 AAC 83.155.
(b) The following discharges do not require
				an APDES permit under this chapter, but are subject to any applicable waste
				disposal permit requirements of
				AS
				46.03.100, or any other state authorization:
(1) any discharge of sewage from a vessel,
				effluent from a properly functioning marine engine, laundry, shower, and galley
				sink wastes, or any other discharge incidental to the normal operation of a
				vessel as that term is defined in
				AS
				46.03.826(14); however, this
				exclusion does not apply to
(A) rubbish,
				trash, garbage, or other materials discharged overboard, or
(B) other discharges when the vessel is
				operating in a capacity other than as a means of transportation, including when
				the vessel is
(i) used as an energy or mining
				facility, a storage facility, or a seafood processing facility;
(ii) secured to a storage facility or a
				seafood processing facility; or
(iii) secured to the bed of the ocean,
				contiguous zone, or waters of the United States for the purpose of mineral or
				oil exploration or development;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 1 - Purpose, Applicability, and Term › 18 AAC 83.020 - Term of permit

Current through May 31, 2024
(a) An APDES permit is effective for a fixed
				term that must be listed in the permit and must not exceed five years. The
				department may issue a permit for a term of five years or any shorter period.
				Except as provided in
				18 AAC 83.155(c)
				for the administrative continuance of expiring permits, the department will not
				extend the term of a permit by modification beyond the maximum duration
				specified in this section.
(b) The
				department may issue a permit to expire on or after the statutory deadline set
				in 33 U.S.C.
				1311(b)(2)(A), (C), and (E)
				if the permit includes effluent limitations to meet the requirements of
				33 U.S.C.
				1311(b)(2)(A), (C), (D),
				(E), and (F), whether or not the EPA has
				promulgated or approved applicable effluent limitations guidelines.
(c) If the department determines that a
				discharger falls within an industrial category for the purpose of setting a
				permit expiration date under (b) of this section, that determination does not
				establish the discharger's industrial category for any other purpose, and does
				not foreclose either the discharger or the department from a different
				industrial category determination when a permit is formulated.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS
					 46.03.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.105 - Duty to apply and reapply for a permit

Current through May 31, 2024
(a) Any person who
				discharges or proposes to discharge a pollutant and who does not have a permit
				in effect, shall submit a complete APDES permit application to the department
				in compliance with this chapter, unless the discharge or proposed discharge is
				covered by one or more general permits, or excluded under
				18 AAC 83.015 from APDES permit
				requirements, or unless the person is a user of a privately owned treatment
				works and the department, under
				18 AAC 83.485, does not otherwise
				require the person to apply for a permit. A concentrated animal feeding
				operation shall seek coverage under an APDES permit, as described in
				40 C.F.R.
				122.23, adopted by reference in
				18 AAC 83.010.
(b) A publicly owned treatment works (POTW)
				or any other permittee with a currently effective permit shall reapply by
				submitting a new application at least 180 days before the existing permit
				expires, unless the department has granted the permittee permission to submit
				an application on a later date; however, the department will not grant
				permission for an application to be submitted after the expiration date of the
				existing permit;
(c) When a
				facility or activity is owned by one person but operated by another person, it
				is the operator's duty to obtain a permit.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS
					 46.03.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.115 - Draft permit, fact sheet, and applicant review

Current through May 31, 2024
(a) After receiving
				a complete application, the department will tentatively decide to issue an
				APDES permit or to deny the application. If the department tentatively decides
				to issue an APDES permit, the department will prepare a draft permit. A draft
				permit must contain the following information:
(1) all conditions established under
				18 AAC 83.405;
(2) all conditions established under
				18 AAC 83.425;
(3) all monitoring requirements established
				under 18 AAC 83.455;
(4) schedules of compliance established under
				18 AAC 83.560;
(5) effluent limitations, standards and
				prohibitions, and conditions under
				18 AAC 83.430,
				18 AAC 83.510,
				18 AAC 83.610, and any variances
				that are approved.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.125 - Permit preparation by third-party contractors or an applicant

Current through May 31, 2024
(a) The department
				may enter into an agreement with the permit applicant for the department to
				select and engage the services of a third-party contractor to prepare the draft
				permit, fact sheet, proposed final permit, or response to comments. In
				proceeding with a third-party contractor, the department will
(1) in consultation with the permit
				applicant, select the contractor based on qualifications and experience and
				enter into a contract with the selected contractor to provide permit
				development services;
(2) require
				the contractor to execute a disclosure statement certifying that the contractor
				has no financial or other conflicting interest in the outcome of the
				project;
(3) eliminate a contractor
				from the selection process or terminate a contract if the department
				determines, after review, that the contractor may have a conflict of interest
				in preparing the permits and supporting documents;
(4) in consultation with the permit
				applicant, develop an agreement that includes the contractor's scope of work,
				schedule, and costs; and
(5) direct
				the contractor's performance of the contract.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.140 - Cause to terminate permit

Current through May 31, 2024
Cause for terminating a permit before the end of its term, or
				  for denying a permit renewal application, includes the following:
(1) the permittee's noncompliance with any
				condition of the permit;
(2) the
				permittee's failure to fully disclose all relevant facts in the application or
				during the permit issuance process, or the permittee's misrepresentation of any
				relevant fact at any time;
(3) the
				department's determination that the permitted activity endangers human health
				or the environment and can only be regulated to acceptable levels by permit
				modification or termination;
(4) a
				change in any condition, such as closure of a plant or termination of a
				discharge by connection to a POTW, if the change requires either a temporary or
				permanent reduction or elimination of any discharge.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.110
AS
					 46.03.120
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.145 - Minor modification of permit

Current through May 31, 2024
(a) With the
				consent of the permittee, the department may make minor modifications to a
				permit to make the corrections or allowances for changes in the permitted
				activity listed in this section, without following the procedures described in
				18 AAC 83.115,
				18 AAC 83.120, and
				18 AAC 83.130. The following
				constitute minor modifications that the department may make under this section:
(1) correcting any typographical
				error;
(2) requiring more frequent
				monitoring or reporting by the permittee;
(3) changing an interim compliance date in a
				schedule of compliance, if the new date is not more than 120 days after the
				date specified in the existing permit and does not interfere with attainment of
				the final compliance date requirement;
(4) allowing for a change in ownership or
				operational control of a facility if
(A) a
				written agreement containing a specific date for transfer of permit
				responsibility, coverage, and liability between the current and new permittees
				has been submitted to the department; and
(B) the department determines that no other
				change in the permit is necessary;
(5) changing the construction schedule for a
				discharger that is a new source; however, the change must not affect the
				discharger's obligation to have all pollution control equipment installed and
				in operation before commencing a discharge from the new source;
(6) making a change in a permit provision
				that will neither result in allowing an actual or potential increase in the
				discharge of a pollutant or pollutants into the environment nor result in a
				reduction in monitoring of a permit's compliance with applicable statutes and
				regulations;
(7) deleting a point
				source outfall when the discharge from that outfall is terminated without
				resulting in a discharge of pollutants from other outfalls except in accordance
				with permit limits;
(8)
				incorporating, as enforceable conditions of a POTW's permit, the conditions of
				a POTW pretreatment program that has been approved in accordance with the
				procedures in 40 C.F.R.
				403.11, adopted by reference in
				18 AAC 83.010, or a modification
				of a POTW pretreatment program that has been approved in accordance with the
				procedures in 40 C.F.R.
				403.18, adopted by reference in
				18 AAC 83.010.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.150 - Transfer of permit

Current through May 31, 2024
(a) Except as provided in (b) of this section
				and 18 AAC 83.145(a) (4), a permittee may transfer a permit to a
				new owner or operator only if the department has modified or revoked and
				reissued the permit under
				18 AAC 83.130.
(b) Notwithstanding (a) of this section, an
				APDES permit may be automatically transferred if the department does not notify
				an existing permittee and the proposed new owner or operator of its intent to
				modify or revoke and reissue the permit, after the current permittee
(1) notifies the department at least 30 days
				in advance of the proposed transfer date; and
(2) provides a written agreement containing a
				specific date for transfer of permit responsibility, coverage, and liability
				between the current and new permittee.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.155 - Effect of permit; continuation of expiring permit; acceptance of federally-issued NPDES permit as state-administered APDES permit

Current through May 31, 2024
(a) Except for
				any toxic effluent standards and prohibitions imposed under
				33 U.S.C.
				1317, compliance with a permit during its
				term constitutes compliance, for purposes of enforcement, with
				33 U.S.C.
				1311,
				1312,
				1316,
				1317,
				1328, and
				1343. However, a permit may be
				modified, revoked and reissued, or terminated during its term for cause as set
				out in 18 AAC 83.135 and
				18 AAC 83.140.
(b) The issuance of a permit does not convey
				any property rights or any exclusive privilege.
(c) The conditions of an expired permit,
				whether a federal NPDES permit or a state-issued APDES permit, continue in
				force until the effective date of a new permit if
(1) the permittee has submitted a timely
				application for a new permit under
				18 AAC 83.110, and the department
				determines the application is complete under
				18 AAC 83.110(d);
				and
(2) the department, because of
				time, resource, or other constraints, but through no fault of the permittee,
				does not issue a new permit with an effective date on or before the expiration
				date of the previous permit.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.160 - Permit variances

Current through May 31, 2024
(a) Subject to EPA objection under
				40 C.F.R.
				123.44, as revised as of July 1, 2005, the
				department may grant or deny requests for the following variances:
(1) extensions under
				33 U.S.C.
				1311(i), based on delay in
				completion of a POTW;
(2)
				extensions under 33 U.S.C.
				1311(k), based on the use of
				innovative technology; however, the department will first consult with the
				regional administrator; and
(3)
				variances under 33 U.S.C.
				1326(a), for thermal
				pollution.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.165 - Proprietary or confidential business information

Current through May 31, 2024
(a) A permit
				applicant or permittee may assert a claim of confidentiality for proprietary or
				confidential business information by stamping the words "confidential business
				information" on each page of a submission containing proprietary or
				confidential business information. The department will treat the stamp
				submission as confidential if the information satisfies the test in
				40 C.F.R.
				2.208, adopted by reference in
				18 AAC 83.010, and is not
				otherwise required to be made public by state law.
(b) A claim of confidentiality under (a) of
				this section may not be asserted for the name and address of any permit
				applicant or permittee, a permit application, a permit, effluent data, sewage
				sludge data, and information required by APDES or NPDES application forms
				provided by the department, whether submitted on the forms themselves or in any
				attachments used to supply information required by the forms.
(c) A permittee's claim of confidentiality
				authorized in (a) of this section is not waived if the department provides the
				proprietary or confidential business information to the EPA or to other
				agencies participating in the permitting process. The department will supply
				any information obtained or used in the administration of the state APDES
				program to the EPA upon request under
				40 C.F.R.
				123.41, as revised as of July 1, 2005. When
				providing information submitted to the department with a claim of
				confidentiality to the EPA, the department will notify the EPA of the
				confidentiality claim. If the department provides the EPA information that is
				not claimed to be confidential, the EPA may make that information available to
				the public without further notice.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS
					 46.03.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.170 - Board member conflict prohibited

Current through May 31, 2024
(a) The department
				will ensure that any board or body that approves all or portions of a permit
				does not include as a member a person who receives, or has during the previous
				two years received, a significant portion of income directly or indirectly from
				permit holders or applicants for a permit.
(b) For the purposes of (a) of this section,
(1) "board or body" includes any individual,
				including the director, who has or shares authority to approve all or any
				portion of a permit either in the first instance, as modified or reissued, or
				on appeal;
(2) "significant portion
				of income" means 10 percent or more of gross personal income for a calendar
				year, except that it means 50 percent or more of gross personal income for a
				calendar year if the recipient is over 60 years of age and is receiving that
				portion under retirement, pension, or similar arrangement;
(3) "permit holders or applicants for a
				permit" do not include any department or agency of the state
				government;
(4) "income" includes
				retirement benefits, consultant fees, and stock dividends.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.175 - Appeals

Current through May 31, 2024
(a) The permit applicant and any person who
				filed comments on the draft permit, or who both participated in a public
				hearing on the draft permit and raised the issues that are the subject of the
				informal review or adjudicatory hearing, may request review of the terms and
				conditions of a final APDES permit or any denial of an APDES permit application
				by filing a request for informal review under 18 AAC 15.185 or a request for
				adjudicatory hearing under 18 AAC 15.200. The provisions of 18 AAC 15.185 and
				18 AAC 15.200 also apply to the review of any modification, revocation, or
				tennination of an APDES permit.
(b)
				For purposes of (a) of this section, an AP DES permit includes an authorization
				to discharge under a general permit in accordance with 18 AAC 83.210. However,
				a review under 18 AAC 15.185 and 18 AAC 15.195 - 18 AAC 15.340 of the
				authorization to discharge under a general permit is limited to whether the
				authorization to discharge is for the type of discharge intended to be covered
				under the general permit and the appropriateness of any site-specific terms or
				conditions issued as part of the authorization to discharge under the general
				permit that were not otherwise specified in the general permit. The terms of a
				general permit previously approved by the department are not subject to review
				as part of the review of the authorization to discharge under a general permit
				under this subsection.
(c) An APDES
				permit is not automatically stayed by the filing of a request for an
				adjudicatory hearing on the permit. A request to stay an APDES permit will be
				decided by the commissioner or by the commissioner's designee if the designee
				is a person other than the person who issued the contested decision.
Authority:
AS 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.110
AS 46.03.880
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 3 - General Permits › 18 AAC 83.205 - General permits

Current through May 31, 2024
(a) The department may issue a general APDES
				permit written to cover one or more categories or subcategories of discharges
				or facilities, except those covered by individual permits, within a geographic
				area. The area covered by a general permit should correspond to existing
				geographic or political boundaries, including the following:
(1) a designated planning area under
				33 U.S.C.
				1288 and
				33 U.S.C.
				1313;
(2) a sewer district or sewer
				authority;
(3) a city, borough, or
				state political boundary;
(4) a
				state highway system;
(5) a
				standard metropolitan statistical area as defined by the federal Office of
				Management and Budget of the Executive Office of the President;
(6) an urbanized area as designated by the
				United States Census Bureau, according to criteria in 67 Fed. Reg. 11663 (March
				15, 2002); 67 Fed. Reg. 54630 (August 23, 2002); and 67 Fed. Reg. 70045
				(November 20, 2002);
(7) any other
				appropriate division or combination of boundaries.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 3 - General Permits › 18 AAC 83.210 - Administration of general permits

Current through May 31, 2024
(a) The department
				may issue a general permit in compliance with this section and the applicable
				requirements of
				18 AAC 83.115 and
				18 AAC 83.120, and may modify,
				revoke and reissue, or terminate a general permit in compliance with
				18 AAC 83.130.
(b) Except as provided in (g) and (h) of this
				section, a discharger that seeks coverage under a general permit shall submit
				to the department a written notice of intent to be covered by the general
				permit. A complete and timely notice of intent in compliance with requirements
				of the general permit fulfills a discharger's duty to apply for a permit. A
				discharger that fails to submit a notice of intent in compliance with the
				requirements of the permit is not authorized to discharge under the general
				permit unless the department
(1) determines,
				as provided in (g) of this section, that a notice of intent is not required for
				coverage under the general permit; or
(2) notifies a discharger, as provided in (h)
				of this section, that it is covered by a general permit.