Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 5 - Permit Conditions - General › 18 AAC 83.405 - Conditions applicable to all permits

Current through May 31, 2024
(a)
Incorporation of conditions.
The conditions in (b) -
				(
l
) of this section and in
				18 AAC 83.410 -
				18 AAC 83.420 apply to all APDES
				permits and must be incorporated into the permits expressly or by reference
				along with any additional conditions required under this chapter. Any section
				incorporated by reference in a permit must be identified by a specific
				citation.
(b)
Duty to
				comply.
A permittee shall comply with all conditions of that permittee's
				APDES permit. Any permit noncompliance constitutes a violation of
				33 U.S.C.
				1251 -
				1387 (Clean Water Act) and this
				chapter, and is grounds for an enforcement action including termination,
				revocation and reissuance, or modification of a permit, or denial of a permit
				renewal application. A permittee shall comply with effluent standards or
				prohibitions established under
				33 U.S.C.
				1317(a) for toxic pollutants
				within the time provided in the regulations that establish those effluent
				standards or prohibitions even if the permit has not yet been modified to
				incorporate the requirement.
(c)
Duty to reapply.
If a permittee wishes to continue an activity
				regulated by a permit after its expiration date, the permittee must apply for
				and obtain a new permit.
(d)
Need to halt or reduce activity not a defense.
In an enforcement
				action, a permittee may not assert as a defense that compliance with the
				conditions of the permit would have made it necessary for the permittee to halt
				or reduce the permitted activity.
(e)
Duty to mitigate.
A permittee
				shall take all reasonable steps to minimize or prevent any discharge in
				violation of this permit that has a reasonable likelihood of adversely
				affecting human health or the environment.
(f)
Proper operation and
				maintenance.
A permittee shall at all times properly operate and maintain
				all facilities and systems of treatment and control and related appurtenances
				that the permittee installs or uses to achieve compliance with the conditions
				of the permit. The permittee's duty to operate and maintain properly includes
				using adequate laboratory controls and appropriate quality assurance
				procedures. However, a permittee is not required to operate back-up or
				auxiliary facilities or similar systems that a permittee installs unless
				operation of those facilities is necessary to achieve compliance with the
				conditions of the permit.
(g)
Permit actions.
A permit may be modified, revoked and reissued, or
				terminated for cause as provided in
				18 AAC 83.130. If a permittee
				files a request to modify, revoke and reissue, or terminate a permit, or gives
				notice of planned changes or anticipated noncompliance, the filing or notice
				does not stay any permit condition.
(h)
Property rights.
A permit
				does not convey any property rights or exclusive privilege.
(i)
Duty to provide
				information.
A permittee shall, within a reasonable time, provide to the
				department any information that the department requests to determine whether a
				permittee is in compliance with the permit, or whether cause exists to modify,
				revoke and reissue, or terminate a permit. A permittee shall also provide to
				the department, upon request, copies of any records the permittee is required
				to keep under the permit.
(j)
Inspection and entry.
A permittee shall allow the department, or an
				authorized representative, including a contractor acting as a representative of
				the department at reasonable times and on presentation of credentials
				establishing authority and any other documents required by law, to
(1) enter the premises where a permittee's
				regulated facility or activity is located or conducted, or where permit
				conditions require records to be kept;
(2) have access to and copy any records that
				permit conditions require the permittee to keep;
(3) inspect any facilities, equipment,
				including monitoring and control equipment, practices, or operations regulated
				or required under a permit; and
(4)
				sample or monitor any substances or parameters at any location for the purpose
				of assuring permit compliance or as otherwise authorized by
				33 U.S.C.
				1251 -
				1387 (Clean Water Act).