reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 66 - Waste Reduction and Recycling Awards for Schools › 18 AAC 66.040 - Award procedures

Current through May 31, 2024
(a) Based upon recommendations from the
			 committee under
			 18 AAC 66.030, and subject to the
			 total amount of appropriations available each year, for each group established
			 under 18 AAC 66.030(b),
			 the department will grant
(1) one or more
			 waste reduction and recycling outstanding awards, each not to exceed
			 $2,000;
(2) one or more waste
			 reduction and recycling achievement awards, each not to exceed $1,000;
			 and
(3) one or more waste reduction
			 and recycling honorable mention awards, each not to exceed $100.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 66 - Waste Reduction and Recycling Awards for Schools › 18 AAC 66.900 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in this chapter
(1) "award" means a waste reduction and
			 recycling award for a public school under
			 AS
			 46.11.070;
(2) "department" means the Alaska Department
			 of Environmental Conservation;
(3)
			 "recycling" means the reuse of an original product, reclamation of waste
			 materials for future use, or the conversion of waste materials for use in a new
			 product; and
(4) "waste reduction"
			 means an activity that reduces, avoids, or eliminates the generation of waste
			 at its source in a production process or operation.
Authority:
AS
				  46.03.020
AS
				  46.11.070
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.010 - Registration

Current through May 31, 2024
(a) In accordance with
			 AS
			 46.03.461, an owner or operator shall
			 register with the department on or before March 1 of each calendar
			 year.
(b) The oath required by
			 AS
			 46.03.461(b) must be
			 notarized and must be in substantially the following form: "I, (owner or
			 operator) say on oath or affirm that I have read the foregoing registration and
			 believe all statements made in the registration under
			 AS
			 46.03.461 are true."
Authority:
AS
				  46.03.460
AS
				  46.03.461
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.015 - Environmental compliance fees and refunds; vessel voyage reports

Current through May 31, 2024
(a) An owner or
			 operator, except for the state, shall
(1) on
			 or before June 1 of each calendar year, pay to the department the environmental
			 compliance fee imposed by
			 AS
			 46.03.480; and
(2) in each calendar year in which the owner
			 or operator caused or allowed to be operated a commercial passenger vessel in
			 the marine waters of the state, submit
(A)
			 written or electronic vessel voyage reports containing the actual number of
			 voyages during which each vessel registered under
			 AS
			 46.03.461 operated in the marine waters of
			 the state during the calendar year; and
(B) payment for any additional fees due under
			 AS
			 46.03.480, or, as applicable, a signed and
			 certified a request for refund of any overpayment of those fees.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.018 - Waiver of deadlines; alternative terms and conditions

Current through May 31, 2024
(a) If a report, plan, fee, or other
			 requirement of an owner or operator under this chapter has a specific date by
			 which it must be submitted, the department will waive compliance with that
			 deadline if the owner or operator demonstrates, to the satisfaction of the
			 department, a reasonable basis for the waiver. A decision made after January 1
			 by an owner or operator to operate a vessel in that calendar year provides a
			 reasonable basis to grant a waiver of deadlines in that calendar
			 year.
(b) If the department waives
			 a deadline under this section, the department will set a reasonable time for
			 compliance and provide the owner or operator with a written or electronic
			 notice of that deadline promptly.
(c) Notwithstanding any requirement of this
			 chapter, the department may establish alternative terms and conditions to the
			 extent allowed by
			 AS
			 46.03.462(k).
Authority:
AS 46.03.460
AS
				  46.03.462
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.020 - Posting of certain requirements

Current through May 31, 2024
The department will post a summary of dates and other deadlines
				for compliance with certain requirements set out in this chapter on the
				department's Internet web site.
The department's Internet website can be found at
http://.dec.alaska.gov/water/cruise_ships/index.htm
.
As of Register 197 (April 2011), the regulations attorney
				  made a technical revision under
				  AS
				  44.62.125(b)(6), to the
				  authority citation that follows
				  18 AAC 69.020, to delete a
				  citation to a nonexistent statute.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.022 - Location for submission of payments, plans, records, and reports

Current through May 31, 2024
Except as specifically provided otherwise, each payment, plan,
				record, and report required to be provided under
				AS
				46.03.460 -
				46.03.490 and this chapter shall
				be submitted to the division assigned to air and water quality in Juneau,
				Alaska. The documents must be submitted electronically to the extent
				practicable.
The addresses for mailing the items described in
				  AS
				  46.03.460-46.03.490 and this chapter are:
DEC.WQ.cruise@alaska.gov
or the
				  Commercial Passenger Vessel Program, Division of Water, Department of
				  Environmental Conservation, P.O. Box 111800, Juneau, Alaska
				  99811-1800.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.025 - Quality assurance project plan

Current through May 31, 2024
(a) On or before
			 March 1 of each calendar year, except in a calendar year in which a plan is
			 valid for the calendar year under (c) of this section, an owner or operator who
			 intends to cause or allow sewage, graywater, or other wastewater to be
			 discharged into the marine waters of the state shall submit a quality assurance
			 project plan to be used for purposes of
			 AS
			 46.03.465. The plan must include
(1) the quality assurance and quality control
			 measures to be used during sample collection, analysis, and reporting
			 undertaken to comply with
			 AS
			 46.03.465;
(2) a detailed description of sampling
			 techniques, analytical testing methods, and equipment, including information
			 about sampling preservation methods, sample holding times, transportation
			 protocols, and the chain of custody;
(3) laboratory analytical information,
			 including methods used, calibration, detection limits, and the laboratory's
			 quality assurance and quality control measures;
(4) procedures for quality assurance and
			 quality control audits used to determine the effectiveness of the plan;
			 and
(5) procedures for data
			 validation used to assess precision, accuracy, representativeness,
			 comparability, and completeness of the measured parameters in the data obtained
			 from the samples.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.030 - Vessel specific sampling plan

Current through May 31, 2024
(a) An owner or
			 operator who intends to cause or allow the discharge of sewage, graywater, or
			 other wastewater into the marine waters of the state shall submit a vessel
			 specific sampling plan no later than 21 days before sampling required under
			 AS
			 46.03.465 is to occur.
(b) A vessel specific sampling plan must
			 include
(1) the vessel name;
(2) the passenger and crew capacity of the
			 vessel;
(3) the estimated average
			 daily water use per individual of the vessel;
(4) the capacity and location of each holding
			 tank for treated sewage;
(5) the
			 capacity and location of each holding tank for graywater;
(6) the capacity and location of each holding
			 tank for combined treated sewage and graywater;
(7) a vessel schematic of discharge ports and
			 corresponding sampling ports;
(8)
			 each discharge pump type, flow rate, and discharge line diameter;
(9) each type of treatment system;
(10) a table documenting
(A) the discharge type;
(B) whether the type of sample to be
			 collected is grab or composite;
(C)
			 parameters to be tested for each sample;
(D) the location on the vessel where each
			 sample is to be collected; and
(E)
			 a narrative description of the time at which each sample is to be taken based
			 upon the circumstances that will yield a sample most likely to be
			 representative of the average discharge that passes through the location where
			 the sample is taken; and
(11) a description of the standards the owner
			 or operator will use to determine a deviation from the plan.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.035 - Nonhazardous solid waste offloading and disposal plan

Current through May 31, 2024
(a) As part of the
			 plan required under
			 AS
			 46.03.475(e)(1), that
			 describes a vessel's policies and procedures for offloading in this state or
			 disposing into the marine waters of the state of nonhazardous solid waste other
			 than sewage, the owner or operator shall include, for each vessel that the
			 owner or operator intends to operate, or cause or allow to operate,
(1) an estimate of the volume of each waste
			 type that the owner or operator anticipates offloading in this state or
			 disposing into the marine waters of the state;
(2) the proposed offloading or disposal
			 method;
(3) the name and address of
			 each contractor to be used for offloading in this state or disposing into
			 marine waters of the state; and
(4)
			 the harbors, landfills, or other offloading or disposal facilities in the state
			 proposed to be used by the owner or operator or an agent of the owner or
			 operator.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.040 - Hazardous waste and hazardous substance offloading plan

Current through May 31, 2024
(a) As part of the
			 plan required under
			 AS
			 46.03.475(e)(2), that
			 describes a vessel's policies and procedures for offloading of hazardous waste
			 or a hazardous substance from a vessel while that vessel is operating in the
			 marine waters of the state, and to the extent that the offloading is not
			 covered by a report or notice submitted under
			 AS
			 46.03.475(d), the owner or
			 operator shall include, for each vessel that the owner or operator intends to
			 operate, or cause or allow to operate, and for each hazardous waste or
			 hazardous substance anticipated to be offloaded,
(1) an estimate of the volume and type of
			 each waste or substance;
(2) the
			 proposed offloading method;
(3)
			 material safety information provided by the manufacturer, if
			 applicable;
(4) the name and
			 address of each contractor to be used for offloading;
(5) the controlled storage, processing, or
			 disposal facilities or treatment works proposed to be used; and
(6) a description of vessel crew training in
			 offloading procedures.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.046 - Best management practices plan

Current through May 31, 2024
(a) An owner or
			 operator of a small commercial passenger vessel who intends to operate under a
			 plan for alternative terms and conditions under
			 AS
			 46.03.462(k) must operate in
			 accordance with a best management practices plan approved by the department
			 under this section. If an owner or operator of a small commercial passenger
			 vessel operating under alternative terms and conditions under
			 AS
			 46.03.462(k) fails to
			 operate in accordance with an approved best management practices plan, the
			 vessel discharges must meet the standard terms and conditions in
			 AS
			 46.03.462(b) and (e) and
			 46.03.463(b)and(c).
(b) On or before March 1 of each calendar
			 year, except in a calendar year in which an approved best management practices
			 plan is effective, an owner or operator of a small commercial passenger vessel
			 who intends to operate under a plan for alternative terms and conditions under
			 AS
			 46.03.462(k) shall submit an
			 application on a form provided by the department. The application must include
(1) the vessel name;
(2) the name, telephone number, facsimile
			 number, mailing address, and electronic mail address of the person responsible
			 for implementation of the plan;
(3)
			 a certification that for physical or economic reasons the vessel is unable to
			 practicably comply with the standard terms and conditions in
			 AS
			 46.03.462(b) and (e) and
			 46.03.463(b)
			 and (c), and additional supportive documentation that may include a
(A) letter signed by a naval architect,
			 registered engineer, or classification society stating that new or modified
			 waste treatment systems that would produce sewage, graywater, or other
			 wastewater that complies with the standard terms and conditions in
			 AS
			 46.03.462(b) and (e) and
			 46.03.463(b)
			 and (c) cannot be installed without requiring
			 additional stability testing or relicensing by the United States Coast Guard;
			 or
(B) statement from the owner or
			 operator that provides
(i) the estimated
			 costs of installing new or modified waste treatment systems on the vessel that
			 would produce sewage, graywater, or other wastewater that complies with the
			 standard terms and conditions in
			 AS
			 46.03.462(b) and (e) and
			 46.03.463(b)
			 and (c);
(ii) the reasons why the
			 costs are not practicable; and
(iii) supporting information from vendors;
			 and
(4) a
			 best management practices plan that meets the requirements in (c) of this
			 section.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.050 - Sewage and graywater discharge record book

Current through May 31, 2024
(a) An owner or
			 operator shall maintain records required by
			 AS
			 46.03.465(a) on board the
			 vessel for 12 months, detailing each discharge of treated sewage, graywater, or
			 other wastewater into the marine waters of the state.
(b) For an intermittent discharge of treated
			 sewage, graywater, or other wastewater into the marine waters of the state, the
			 records required by
			 AS
			 46.03.465(a) must include
			 the
(1) date, time, latitude, and longitude
			 when and where the discharge started and ended;
(2) overboard discharge port through which
			 the discharge occurred;
(3) type of
			 discharge;
(4) volume and average
			 discharge rate for each overboard discharge port;
(5) minimum vessel speed during discharge;
			 and
(6) signature of the individual
			 in charge of discharge operations and the date when that individual signed the
			 discharge record.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.053 - Notice of sampling

Current through May 31, 2024
An owner or operator, or an employee, contractor, or agent of
				the owner or operator, shall provide written or electronic notice to the
				department at least 36 hours before collecting a sample required to be taken by
				AS
				46.03.465(b). The notice
				must include the time and date on which the sample will be
				taken.
Authority:
AS
				  46.03.460
AS
				  46.03.465
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.055 - Sampling and analytical testing report

Current through May 31, 2024
(a) An owner or
			 operator shall submit each sampling and analytical testing report required
			 under AS
			 46.03.460-46.03.490 to the department not
			 later than 21 days after completion of the analytical testing for each sampling
			 event.
(b) The sampling and
			 analytical testing report must include
(1)
			 the date, time, and on board location where each sample was
			 collected;
(2) the sampling
			 technique and analytical testing method used for each sample;
(3) the quality assurance and quality control
			 analysis of the sampling, analytical testing, and analytical data;
(4) the analytical results;
(5) any deviation from the approved plan
			 submitted under
			 18 AAC 69.025;
(6) any deviation from the approved plan
			 submitted under
			 18 AAC 69.030;
(7) the type of wastewater sampled;
			 and
(8) if necessary, a
			 notification that resampling under
			 18 AAC 69.070 is
			 occurring.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.060 - Notification and reporting requirements for discharge necessary for the safety of the vessel or saving life at sea

Current through May 31, 2024
(a) If wastewater
			 is discharged from a commercial passenger vessel into the marine waters of the
			 state for the purpose of securing the safety of the vessel or saving human life
			 at sea, the owner or operator shall notify the department within 24 hours after
			 the discharge, of the
(1) name of the
			 vessel;
(2) date and time when the
			 discharge occurred;
(3) amount and
			 type of wastewater discharged; and
(4) the location, in latitude and longitude,
			 of the vessel when the discharge occurred.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.065 - Other reports

Current through May 31, 2024
(a) Subject to (b) of this section, on or
			 before November 15 of each calendar year in which the owner or operator has
			 caused or allowed to be operated a commercial passenger vessel in the marine
			 waters of the state, the owner or operator shall submit a written or electronic
			 report that documents any deviation from the plan submitted under
			 AS
			 46.03.475(e)(1) and
			 18 AAC 69.035, or from the plan
			 submitted under
			 AS
			 46.03.475(e)(2) and
			 18 AAC 69.040.
(b) An owner or operator who caused or
			 allowed a commercial passenger vessel to be operated year round shall submit,
			 as part of the annual plans required on or before March 1 under
			 18 AAC 69.035 and
			 18 AAC 69.040, a written or
			 electronic report that documents any deviations to the plans for any period not
			 addressed in the previous November 15 report required under (a) of this
			 section.
(c) The owner or operator
			 shall submit a copy of records required under
			 AS
			 46.03.475(b) within 21 days
			 after completion of the analytical testing for each sampling event.
Authority:
AS
				  46.03.460
AS 46.03.463
AS 46.03.465
AS
				  46.03.475
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.070 - Exceedance of discharge limitations

Current through May 31, 2024
(a) If the fecal
			 coliform level in a sample taken under
			 AS
			 46.03.460-46.03.490 exceeds the maximum
			 fecal coliform limit in
			 AS
			 46.03.463(b) or (c), the
			 owner or operator may resample and retest, if
(1) all resampling occurs not later than 30
			 days after the original sampling;
(2) no two samples are collected within a
			 24-hour period;
(3) resampling
			 occurs according to the provisions of the valid, approved plans submitted under
			 18 AAC 69.025 and
			 18 AAC 69.030; and
(4) resampling includes measurements for
			 temperature, pH, and chlorine analyzed in the field at the time of sample
			 collection.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.075 - Information requests

Current through May 31, 2024
The department may require an owner or operator to provide
				information in that owner's or operator's custody or control that is material
				and reasonably necessary to assist the department in carrying out the purposes
				of AS
				46.03.462 and
				46.03.465.
Authority:
AS
				  46.03.460
AS 46.03.462
AS
				  46.03.465
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.080 - Discharges from small commercial passenger vessels; logbook

Current through May 31, 2024
(a) In determining
			 compliance with
			 AS
			 46.03.463(f), the department
			 will consider the owner or operator of a small commercial passenger vessel to
			 have a properly maintained and properly operated marine sanitation device if
(1) the vessel has a manufacturer's
			 certification plate specifying the type of marine sanitation device;
(2) the marine sanitation device is in good
			 working order;
(3) while the marine
			 sanitation device is used in the marine waters of the state, the owner or
			 operator operates the marine sanitation device according to the operating
			 specifications of
(A) the
			 manufacturer;
(B) a registered
			 engineer; or
(C) a classification
			 society; and
(4) the
			 owner or operator maintains the marine sanitation device according to the
			 maintenance specifications of
(A) the
			 manufacturer;
(B) a registered
			 engineer; or
(C) a classification
			 society.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.085 - Access to commercial passenger vessels

Current through May 31, 2024
(a) For purposes of
			 compliance with
			 AS
			 46.03.462(b)(5), the owner
			 or operator shall allow an agent or employee of the department, who is
			 authorized in writing by the commissioner and upon presentation of credentials,
			 to enter upon the premises where sewage, graywater, or other wastewater is
			 stored, treated, conveyed, discharged, or sampled,
(1) when samples are being taken and for the
			 purpose of verifying the integrity of the sampling process, to
(A) inspect any sewage, graywater, or other
			 wastewater treatment, storage, conveyance, or discharge devices and the
			 sampling ports; or
(B) verify the
			 owner's or operator's sampling process or procedures; or
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.090 - Persons conducting sampling and analytical testing

Current through May 31, 2024
(a) An owner or
			 operator shall ensure that the sampling required under
			 AS
			 46.03.465 is conducted by a qualified,
			 approved person. The owner or operator must submit information describing the
			 qualifications of the proposed person to be approved no later than 21 days
			 before sampling required under
			 AS
			 46.03.465 is to occur. In determining whether
			 a person is qualified to conduct sampling, the department will consider whether
			 the person
(1) has been trained in sampling
			 methodology, sample handling, chain of custody, field measurements, and quality
			 assurance procedures; and
(2) is
			 familiar with the requirements of the plan of sampling techniques and
			 analytical testing methods and the vessel specific sampling plan for the vessel
			 being sampled.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.945 - Appeals

Current through May 31, 2024
Not later than 30 days after a final department decision under
				AS
				46.03.462(k) or
				18 AAC 69.950 any person may
				submit a request for an adjudicatory hearing under
				18 AAC 15.195 -
				18 AAC 15.340.
Authority:
AS
				  46.03.020
AS
				  46.03.880
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.950 - Informal dispute resolution

Current through May 31, 2024
An owner or operator subject to this chapter may request an
				informal review under
				18 AAC 15.185 -
				18 AAC 15.190 of a final
				department decision under this chapter.
Authority:
AS
				  46.03.020
AS
				  46.03.460
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.955 - Public information

Current through May 31, 2024
(a) The department
			 will maintain a list of interested persons who wish to be informed when the
			 department
(1) receives a request for an
			 alternative term or condition under
			 AS
			 46.03.462(k); and
(2) makes a final decision under
			 18 AAC 69.950.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 69 - Commercial Passenger Vessel Environmental Compliance Program › 18 AAC 69.990 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in this chapter,
(1) "approval" means written or electronic
			 approval by the department;
(2)
			 "approved" means approved in writing or electronically by the
			 department;
(3) repealed
			 5/18/2006;
(4) "calendar year"
			 means a period of time between January 1 and December 31 during which the owner
			 or operator intends to operate, or cause or allow to be operated, a commercial
			 passenger vessel in the marine waters of the state;
(5) "classification society" means an
			 organization
(A) involved in the inspection of
			 ships and ship equipment; and
(B)
			 that, as determined under 33
			 U.S.C. 1322(f) by the
			 Commandant of the United States Coast Guard, meets the standards in the
			 International Maritime Organization (IMO) Resolution A.739(18),
"Guidelines for the Authorization of Organizations Acting on behalf of
			 the Administration"
;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 1 - Statewide Standards › 18 AAC 70.005 - Nonapplicability of groundwater provisions

Current through May 31, 2024
(a) Except as
				provided in (b) of this section and where this chapter is specifically made
				applicable under 18 AAC 60. 18 AAC 75 or 18 AAC 78, the provisions of this
				chapter as they are applicable to groundwater do not apply to
(1) a site undergoing a response action
				approved by the department under 18AAC75
(2) a site subject to the site cleanup rules
				under 18 AAC 75.325 -
				18 AAC 75.390;
(3) a site subject to
				18 AAC 78.200 -
				18 AAC 78.280 (corrective action
				for leaking underground storage tanks) 180 AAC 78.600 - 180 AAC 78.625 (cleanup
				levels);
(4) an inactive reserve
				pit undergoing a corrective action approved by the department under
				18 AAC 60.440;
(5) a solid waste landfill undergoing
				assessment monitoring or corrective action approved by the department under
				18 AAC 60.860 A RESPONSE, A
				CLEANUP OR CORRECTIVE ACTION APPROVED BY (1);
(6) a site undergoing a removal action or a
				remedial action (2) under 42
				U.S.C. 9601 -
				9675 (Comprehensive Environmental
				Response, Compensation, and Liability Act of 1980) if the cleanup meets, at a
				minimum, the site cleanup rules under
				18 AAC 75.325 -
				18 AAC 75.390; or
(7) a site undergoing a corrective action
				approved by the United States Environmental Protection Agency under
				42 U.S.C.
				6901 -
				6992 k (Solid Waste Disposal Act,
				as amended by the Resource Conservation Recovery Act), if the corrective action
				meets, at a minimum, the site cleanup rules under
				18 AAC 75.325 - 18 AAC 75.390
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 1 - Statewide Standards › 18 AAC 70.010 - General

Current through May 31, 2024
(a) A person may not conduct an operation
				that causes or contributes to a violation of the water quality standards set by
				this chapter.
(b) The water quality
				standards set by this chapter specify the degree of degradation that may not be
				exceeded in a waterbody as a result of human actions. The water quality
				standards are set by the antidegradation policy in
				18 AAC 70.015, the water quality
				criteria in
				18 AAC 70.020(b),
				and the limits in
				18 AAC 70.030, applied in
				accordance with the remainder of this chapter.
(c) Except as specified in an authorization
				issued under 18 AAC 15, 18 AAC 60, or 18 AAC 72, the water quality standards
				and limits set by or under this chapter do not apply to a treatment works
				authorized by the department under 18 AAC 60 or 18 AAC 72, except that the
				water quality criteria and limits set by or under this chapter must be met in
				adjacent surface water and groundwater at and beyond the boundary of the
				treatment works.
(d) Where the
				department determines that the natural condition of a water of the state is of
				lower quality than the water quality criteria set out in
				18 AAC 70.020(b),
				the natural condition supersedes the criteria and becomes the standard for that
				water. When establishing a water quality standard based on the natural
				conditions in a permit, certification, or other written decision, the
				department will follow the procedures set out in the department's
Guidance for the Implementation of Natural Condition-Based Water
				Quality Standards
, dated November 15, 2006 and adopted by
				reference.
The department's Guidance for the Implementation of Natural
					 Condition-Based Water Quality Standards, adopted by reference in
					 18 AAC 70.010(d),
					 may be viewed at the department's Juneau, Anchorage, or Fairbanks offices or
					 requested from the department.
Authority:
AS
					 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.070
AS 46.03.080
AS 46.03.100
AS 46.03.110
AS 46.03.710
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 1 - Statewide Standards › 18 AAC 70.015 - Antidegradation policy

Current through May 31, 2024
(a) It is the state's antidegradation policy
				that
(1) existing water uses and the level of
				water quality necessary to protect existing uses must be maintained and
				protected;
(2) if the quality of a
				water exceeds levels necessary to support propagation of fish, shellfish, and
				wildlife and recreation in and on the water, that quality must be maintained
				and protected unless the department, in its discretion, upon application, and
				after compliance with (b) of this section, allows the reduction of water
				quality for a short-term variance under
				18 AAC 70.200, a zone of deposit under
				18 AAC 70.210, a mixing zone under
				18 AAC 70.240, or another purpose as authorized in a
				department permit, certification, or approval; the department will authorize a
				reduction in water quality only after the applicant submits evidence in support
				of the application and the department finds that
(A) allowing lower water quality is necessary
				to accommodate important economic or social development in the area where the
				water is located;
(B) except as
				allowed under this subsection, reducing water quality will not violate the
				applicable criteria of
				18 AAC 70.020 or
				18 AAC 70.025 or the whole effluent toxicity limit in
				18 AAC 70.030;
(C) the resulting water quality will be
				adequate to fully protect existing uses of the water; and
(D) all wastes and other substances
				discharged will be treated and controlled to achieve
(i) for new and existing point sources, the
				highest statutory and regulatory requirements; and
(ii) for nonpoint sources, all cost-effective
				and reasonable best management practices;
(3) if a high quality water constitutes an
				outstanding national resource, such as a water of a national or state park or
				wildlife refuge or a water of exceptional recreational or ecological
				significance, the quality of that water must be maintained and protected;
				and
(4) if potential water quality
				impairment associated with a thermal discharge is involved, the antidegradation
				policy described in this section is subject to
				33 U.S.C. 1326
				(commonly known as sec. 316 of the Clean Water Act).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 1 - Statewide Standards › 18 AAC 70.016 - Antidegradation implementation methods for discharges authorized under the federal Clean Water Act

Current through May 31, 2024
(a)
General
				requirements for antidegradation analyses.
The department's antidegradation policy under
				  18 AAC 70.015 applies to all waters of this state. The
				  provisions of
				  18 AAC 70.015(a)(1) - (3) identify three
				  tiers of water quality and water quality protection, Tiers 1, 2, and 3
				  respectively. In implementing the antidegradation policy for a water of the
				  United States within this state, the following provisions apply:
(1) the department will make an
				antidegradation analysis and findings for discharges subject to authorization
				by the department under
(A) 18 AAC 83 (Alaska
				Pollutant Discharge Elimination System (APDES) Program); and
(B)
											33
				U.S.C. 1341 (Clean Water Act, sec. 401) water
				quality certifications; for
				33
				U.S.C. 1341 (Clean Water Act, sec. 401) water
				quality certifications of
				33 U.S.C.
				1344 (Clean Water Act, sec. 404) permits, the
				department may determine upon review whether an evaluation and findings of no
				significant degradation under
				33 U.S.C.
				1344 and under  40 C.F.R. Part 230, revised as
				of July 1, 2017 and adopted by reference, are sufficient to comply with state
				antidegradation requirements for Tiers 1 and 2 under this section with regard
				to water quality impacts to receiving water immediately surrounding the dredge
				or fill material; in the antidegradation findings the department will consider
				where the fill would be placed and impacts to the receiving water from the fill
				activity; only temporary and limited degradation may be authorized in Tier 3
				water, in accordance with (d)(4)(A) of this section;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 1 - Statewide Standards › 18 AAC 70.020 - Protected water use classes and subclasses; water quality criteria; water quality standards table

Current through May 31, 2024
(a) Classes and
				subclasses of use of the state's water protected by criteria set out under (b)
				of this section are
(1) fresh water
(A) water supply
(i) drinking, culinary, and food
				processing;
(ii) agriculture,
				including irrigation and stock watering;
(iii) aquaculture;
(iv) industrial;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 1 - Statewide Standards › 18 AAC 70.025 - Human health risk level for carcinogenic substances

Current through May 31, 2024
After 11/1/97, when, to protect human health, the department
				  adopts water quality criteria for a carcinogenic substance, the criteria will
				  be based on a lifetime incremental cancer risk level of 1 in 100,000 for
				  exposed individuals.
The substance of
					 18 AAC 70.025 was previously found
					 in 18 AAC 70.022. The comprehensive revision and reorganization of this
					 chapter, effective November 1, 1997, did not include any changes to water
					 quality criteria for carcinogenic substances previously set out in this
					 chapter.
Authority:
AS
					 46.03.020
AS 46.03.050
AS 46.03.070
AS
					 46.03.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 1 - Statewide Standards › 18 AAC 70.030 - Whole effluent toxicity limit

Current through May 31, 2024
(a) An effluent
				discharged to a water may not impart chronic toxicity to aquatic organisms,
				expressed as 1.0 chronic toxic unit, at the point of discharge, or if the
				department authorizes a mixing zone in a permit, approval, or certification, at
				or beyond the mixing zone boundary, based on the minimum effluent dilution
				achieved in the mixing zone. If the department determines that an effluent has
				reasonable potential to cause or contribute to exceedance of the whole effluent
				toxicity limit, the department will require whole effluent toxicity testing as
				a condition of a permit, approval, or certification. The permittee shall use
				methods and species approved by the United States Environmental Protection
				Agency in
Short-term Methods for Estimating the Chronic Toxicity of
				Effluents and Receiving Waters to Freshwater Organisms,
4th edition
				(2002), Technical Report No. EPA-821-R-02-013, adopted by reference, and
Short-term Methods for Estimating the Chronic Toxicity of Effluents and
				Receiving Waters to West Coast Marine and Estuarine Organisms
1st
				edition (August 1995), Technical Report No. EPA/600/R-95/136, adopted by
				reference, or alternate methods and species approved by the department that
				provide equivalent estimates of chronic toxicity. The department will require
				that the testing use sensitive and biologically important life stages of
				indigenous species, as the department considers necessary and feasible to
				protect aquatic life fully. The department will reduce the frequency of, or
				eliminate, whole effluent toxicity testing if
(1) the results of a sufficient database of
				testing conclusively demonstrate that an effluent does not have a reasonable
				potential to exceed the whole effluent toxicity limit;
(2) significant changes in effluent quality
				are not expected over the life of the permit; and
(3) the department determines that aquatic
				life will be adequately protected.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 1 - Statewide Standards › 18 AAC 70.040 - Procedures for applying water quality criteria

Current through May 31, 2024
In applying the appropriate water quality criteria for any
				  waterbody or portion of a waterbody, the department will use the following
				  procedures:
(1) if a waterbody is
				protected for more than one use class under
				18 AAC 70.050 or
				18 AAC 70.230(e),
				the most stringent water quality criteria for all the included use classes will
				apply;
(2) at the boundary between
				waters protected for different use classes under
				18 AAC 70.050 or
				18 AAC 70.230(e),
				the water quality criteria for the more stringent use class will apply;
				and
(3) in estuaries, where the
				fresh and marine water quality criteria differ within the same use class, the
				standard will be determined on the basis of salinity; however, the marine water
				quality criteria will apply for
(A) dissolved
				oxygen if the salinity is one part per thousand or greater; and
(B) fecal coliform bacteria if the salinity
				is 10 parts per thousand or greater;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 1 - Statewide Standards › 18 AAC 70.050 - Classification of state waters

Current through May 31, 2024
(a) Except as
				specified in
				18 AAC 70.230(e),
				state water is protected for the following use classes:
(1) fresh waters - Classes (1)(A) -
				(1)(C);
(2) groundwaters - Class
				(1)(A); and
(3) marine waters -
				Classes (2)(A) - (2)(D).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 2 - Exceptions to Statewide Standards › 18 AAC 70.205 - Water quality standards variance

Current through May 31, 2024
(a) Upon
				application or on its own initiative, the department may authorize a water
				quality standards variance, that establishes a time - limited designated use
				and an associated water quality criterion that represent the highest attainable
				condition, consistent with the requirements of  40 C.F.R. 131.14, revised as of
				July 1,2019 and adopted by reference.
(b) An applicant requesting a water quality
				standards variance under this section shall submit supporting documentation
				consistent with  40 C.F.R. 131.14(b)  to the department. The department will
				review and determine whether the information is sufficient. If determined
				necessary, the department may request additional information.
(c) A water quality standards variance is
				subject to public participation procedures under  40 C.F.R. 131.20(b), revised
				as of July 1,2019 and adopted by reference, the procedures of AS 44.62.180 -
				44.62.290, and other applicable state and federal statutes and
				regulations.
(d) The department may
				terminate, modify, or deny a subsequent water quality standards variance if the
				department determines that the variance is not being implemented as authorized
				or is resulting in a significant adverse environmental effect.
Authority:
AS
					 46.03.020
AS
					 46.03.050
AS
					 46.03.070
AS
					 46.03.080
AS
					 46.03.100
AS
					 46.03.120
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 2 - Exceptions to Statewide Standards › 18 AAC 70.200 - Short-term variance

Current through May 31, 2024
(a) In its discretion, the department will
				grant a short-term variance from the antidegradation policy standard of
				18 AAC 70.015 or the water quality
				criteria of
				18 AAC 70.020(b)
				for
(1) a one-time, temporary activity that
				is a nonpoint source of water pollution; and
(2) a temporary activity associated with the
				placement of dredged or fill material affecting a specific waterbody.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 2 - Exceptions to Statewide Standards › 18 AAC 70.210 - Zones of deposit

Current through May 31, 2024
(a) The department will, in its discretion,
				issue or certify a permit that allows deposit of substances on the bottom of
				marine waters within limits set by the department. The water quality criteria
				of 18 AAC 70.020(b)
				and the antidegradation requirement of
				18 AAC 70.015 may be exceeded in a
				zone of deposit. However, the standards must be met at every point outside the
				zone of deposit. In no case may the water quality standards be violated in the
				water column outside the zone of deposit by any action, including leaching
				from, or suspension of, deposited materials. Limits of deposit will be defined
				in a short-term variance issued under
				18 AAC 70.200 or a permit issued
				or certified under 18 AAC 15.
(b)
				In deciding whether to allow a zone of deposit, the department will consider,
				to the extent the department determines to be appropriate,
(1) alternatives that would eliminate, or
				reduce, any adverse effects of the deposit;
(2) the potential direct and indirect impacts
				on human health;
(3) the potential
				impacts on aquatic life and other wildlife, including the potential for
				bioaccumulation and persistence;
(4) the potential impacts on other uses of
				the waterbody;
(5) the expected
				duration of the deposit and any adverse effects; and
(6) the potential transport of pollutants by
				biological, physical, and chemical processes.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 2 - Exceptions to Statewide Standards › 18 AAC 70.220 - Thermal discharges

Current through May 31, 2024
Under section 316(a) of the Clean Water Act, if the owner or
				  operator of a thermal discharge source, after opportunity for public hearing,
				  can show to the department's satisfaction that application of the temperature
				  criterion in
				  18 AAC 70.020 is more stringent
				  than needed to assure the protection and propagation of diverse indigenous and
				  anadromous populations of aquatic life in waters to which the discharge would
				  occur, the department will, in its discretion, apply a new temperature
				  criterion to the waterbody affected. The new criterion will assure the
				  protection and propagation of diverse indigenous and anadromous populations of
				  aquatic life, and other wildlife, in and on that waterbody, according to its
				  protected use classes.
Authority:
AS
					 46.03.020
AS 46.03.070
AS
					 46.03.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 2 - Exceptions to Statewide Standards › 18 AAC 70.230 - Procedure for reclassification; reclassified waters

Current through May 31, 2024
(a) Upon application upon petition, or on its
				own initiative, the department may adopt, modify, or repeat protected water use
				classes in 18 AAC 70.050 for a water of the state in accordance with  40 C.F.R 131.10, revised as of July 1, 2019, and adopted by reference.
(b) Before changing
				18 AAC 70.050 or (e) of this
				section to reclassify state water, the department will hold at least one public
				hearing and otherwise comply with  40 C.F.R. 131.20(b), adopted by reference in
				18 AAC 70.205(c), the procedure in AS 44.62.180 - 44.62.290 and other
				applicable state and federal statutes and regulations.
(c) An applicant or petitioner seeking
				reclassification of a waterbody under this section shall provide to the
				department all available evidence reasonably necessary to demonstrate that a
				reclassification will comply with this section.
(d) The following water may not be
				reclassified under this chapter:
(1) water in
				areas administered under the National Wilderness Preservation System under
				16 U.S.C.
				1131 -
				1136;
(2) water in state and national parks,
				national preserves and monuments, national recreation areas, and national
				wildlife refuges;
(3) wild and
				scenic rivers established under
				16 U.S.C.
				1271 -
				1287;
(4) marine sanctuaries established under
				16 U.S.C.
				1431 -
				1445
				b;
(5) estuarine sanctuaries
				established under  16 U.S.C. 4151  -
				1464;
(6) water in critical habitat areas
				established under
				AS
				16.20.220-16.20.270;
(7) water in Land Use Designation (LUD) II
				areas established by the United States Forest Service under
				16 U.S.C.
				371 a - 545b.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 2 - Exceptions to Statewide Standards › 18 AAC 70.235 - Site-specific criteria

Current through May 31, 2024
(a) The department may establish a
				site-specific water quality criterion that modifies a water quality criterion
				set out in
				18 AAC 70.020(b)
				in regulation as described in (c) of this section.
(b) Repealed 12/28/2006.
(c) Upon application, or on its own
				initiative, the department will, in its discretion, set site-specific criteria
				in regulation if the department finds that the evidence reasonably demonstrates
				that the site-specific criterion will fully protect designated uses in
				18 AAC 70.020(b)
				and that
(1) for reasons specific to a
				certain site, a criterion in
				18 AAC 70.020(b)
				is more stringent or less stringent than necessary to ensure full protection of
				the corresponding use class; or
(2)
				a criterion would be better expressed in terms different from those used in
				18 AAC 70.020(b).