reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 3 - General Permits › 18 AAC 83.215 - Exceptions to general permit requirement; individual permits

Current through May 31, 2024
(a) The
				department may terminate or revoke any discharger's coverage under a general
				permit, and may require the discharger to apply for and obtain an individual
				APDES permit. An interested person may petition the department to take action
				under this paragraph. An individual APDES permit may be required when, for
				example,
(1) the discharger is not in
				compliance with the conditions of the general APDES or NPDES permit;
(2) a change has occurred in the availability
				of demonstrated technology or practices for the control or abatement of
				pollutants applicable to the point source;
(3) effluent limitations guidelines are
				promulgated for point sources covered by the general APDES permit;
(4) a water quality management plan
				containing requirements applicable to a point source is approved;
(5) circumstances have changed so that the
				discharger is no longer appropriately controlled under the general permit, or
				the authorized discharge must be either temporarily or permanently reduced or
				eliminated;
(6) the department
				determines the discharge is a significant contributor of pollutants; in making
				this determination, the department may consider
(A) the location of the discharge with
				respect to waters of the United States;
(B) the size of the discharge;
(C) the quantity and nature of the pollutants
				discharged to waters of the United States; and
(D) other relevant factors.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 4 - Permit Application Requirements › 18 AAC 83.305 - Permit application forms and general information requirements

Current through May 31, 2024
(a) A person
				required by
				18 AAC 83.015 to obtain an APDES
				permit shall submit an application to the department providing the information
				required by (b) of this section, if applicable, and by the applicable parts of
				18 AAC 83.310 -
				18 AAC 83.360 and
				18 AAC 83.380. The application
				must be submitted on one or more of the EPA forms listed in this section, or on
				the department equivalent of the listed EPA form:
(1) for an applicant other than a POTW and
				other treatment works treating domestic sewage, EPA Form 1, revised as of
				August 1, 1990, adopted by reference, and the following additional forms, if
				applicable:
(A) for an applicant that is a
				concentrated animal feeding operation or aquatic animal production facility,
				EPA Form 2B, revised as of February 12, 2003, adopted by reference;
(B) for an applicant that is an existing
				industrial facility, including manufacturing facilities, commercial facilities,
				mining activities, and silvicultural activities, EPA Form 2C, revised as of
				August 1, 1990, adopted by reference;
(C) for an applicant that is a new industrial
				facility that discharges process wastewater, EPA Form 2D, revised as of August
				1, 1990, adopted by reference;
(D)
				for an applicant that is a new or existing industrial facility that discharges
				only non-process wastewater, EPA Form 2E, revised as of August 1, 1990, adopted
				by reference;
(E) for an applicant
				that is a new or existing facility whose discharge is composed entirely of
				storm water associated with industrial activity, EPA Form 2F, unless the
				applicant is exempted by 40
				C.F.R. 122.26(c)(1)(ii),
				adopted by reference in
				18 AAC 83.010; if the applicant's
				discharge is composed of storm water and non-storm water, EPA Forms 2C, 2D, or
				2E, as appropriate;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 4 - Permit Application Requirements › 18 AAC 83.315 - Permit application requirements for manufacturing, commercial, mining, and silvicultural facilities that discharge only non-process wastewater

Current through May 31, 2024
(a)
Information requirements.
An applicant for an APDES permit that is
				a manufacturing, commercial, mining, or silvicultural discharger that
				discharges only non-process wastewater not regulated by an effluent limitations
				guideline or new source performance standard shall provide the following
				information to the department for all discharges, except for storm water
				discharges, using the applicable forms specified in
				18 AAC 83.305(a):
(1) the number of each outfall, the latitude
				and longitude to the nearest 15 seconds, and the name of each receiving
				water;
(2) for a new discharger,
				the date of expected commencement of discharge;
(3) an identification of the general type of
				waste discharged, or expected to be discharged upon commencement of operations,
				including sanitary wastes, restaurant or cafeteria wastes, or non-contact
				cooling water;
(4) an
				identification of cooling water additives, if any, that are used or expected to
				be used upon commencement of operations, along with their composition if
				existing composition is available;
(5) effluent characteristics prepared and
				submitted as described in (b) and (c) of this section;
(6) a description of the frequency of flow
				and duration of any seasonal or intermittent discharge, except for storm water
				runoff, leaks, or spills;
(7) a
				brief description of any treatment system used or to be used;
(8) any additional information the applicant
				wishes to be considered, such as influent data for the purpose of obtaining net
				credits under
				18 AAC 83.545;
(9) the signature of the certifying official
				under 18 AAC 83.385.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 4 - Permit Application Requirements › 18 AAC 83.320 - Permit application requirements for new and existing concentrated animal feeding operations

Current through May 31, 2024
An applicant for an APDES permit for a new or existing
				  concentrated animal feeding operation, as defined in
				  40 C.F.R.
				  122.23(b) and adopted by
				  reference in
				  18 AAC 83.010, shall provide the
				  following information to the department, using the applicable forms specified
				  in 18 AAC 83.305(a):
(1) the name of the owner or
				operator;
(2) the facility location
				and mailing addresses;
(3) latitude
				and longitude of the production area, measured at the entrance to the
				production area;
(4) instead of the
				map or alternative information required by
				18 AAC 83.305(b) (7), a topographic map of the geographic area
				in which the concentrated animal feeding operation is located, showing the
				specific location of the production area;
(5) specific information about the number and
				type of animals, including if applicable: beef cattle, broilers, layers, swine
				weighing 55 pounds or more, swine weighing less than 55 pounds, mature dairy
				cows, dairy heifers, veal calves, sheep and lambs, horses, ducks, turkeys, or
				other animals, whether in open confinement or housed under roof;
(6) the type of containment and total
				capacity in tons or gallons of any anaerobic lagoon, roofed storage shed,
				storage pond, under-floor pit, above-ground storage tank, below-ground storage
				tank, concrete pad, impervious soil pad, or other structure or area used for
				containment and storage of manure, litter, and process wastewater;
(7) the total number of acres available and
				under the applicant's control for land application of manure, litter, or
				process wastewater;
(8) estimated
				amounts of manure, litter, and process wastewater generated per year in tons or
				gallons;
(9) estimated amounts of
				manure, litter, and process wastewater transferred to other persons per year in
				tons or gallons;
(10) certification
				that a nutrient management plan has been completed and will be implemented upon
				the date of permit coverage.
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 4 - Permit Application Requirements › 18 AAC 83.325 - Permit application requirements for new and existing concentrated aquatic animal production facilities

Current through May 31, 2024
An applicant for APDES permit for a new or existing
				  concentrated aquatic animal production facility shall provide the following
				  information to the department, using the applicable forms specified in
				  18 AAC 83.305(a):
(1) the maximum daily and average monthly
				flow from each outfall;
(2) the
				number of ponds, raceways, and similar structures;
(3) the name of the receiving water and the
				source of intake water;
(4) for
				each species of aquatic animal, the total yearly and maximum harvestable
				weight;
(5) the calendar month of
				maximum feeding and the total mass of food fed during that month.
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 4 - Permit Application Requirements › 18 AAC 83.335 - Whole effluent toxicity monitoring for POTWs and other designated dischargers

Current through May 31, 2024
(a) An applicant for a permit under
				18 AAC 83.330 shall submit
				information on effluent monitoring for whole effluent toxicity, including an
				identification of any whole effluent toxicity tests conducted during the four
				and one-half years before the date of the application on any of the applicant's
				discharges or on any receiving water near the discharge.
(b) An applicant under
				18 AAC 83.330 shall submit to the
				department, in compliance with (c) - (g) of this section, the results of valid
				whole effluent toxicity tests for acute or chronic toxicity for samples taken
				from each outfall through which effluent is discharged to surface waters,
				except for combined sewer overflows, if the applicant
(1) has a design flow rate greater than or
				equal to one million gallons per day;
(2) has an approved pretreatment program or
				is required to develop a pretreatment program; or
(3) is required to comply with this section
				by the department, based on consideration of the following factors:
(A) the variability of the pollutants or
				pollutant parameters in the POTW effluent based on chemical-specific
				information, the type of treatment plant, and types of industrial
				contributors;
(B) the ratio of
				effluent flow to receiving stream flow;
(C) existing controls on point or non-point
				sources, including total maximum daily load calculations for the receiving
				stream segment and the relative contribution of the POTW;
(D) receiving water characteristics,
				including possible or known water quality impairment, and whether the POTW
				discharges to a coastal water or a water designated as an outstanding natural
				resource water; and
(E) other
				considerations, including the history of toxic impacts and compliance problems
				at the POTW that the department determines could cause or contribute to adverse
				water quality impacts.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 4 - Permit Application Requirements › 18 AAC 83.340 - Information requirements for industrial discharges to POTWs

Current through May 31, 2024
(a) An
				applicant for a permit as a POTW under
				18 AAC 83.330 shall state in its
				application the number of significant industrial users and categorical
				industrial users discharging to the POTW. A POTW with one or more significant
				industrial users shall provide the following information for each significant
				industrial user that discharges to the POTW:
(1) the name and mailing address of the
				significant industrial user;
(2) a
				description of all industrial processes that affect or contribute to the
				significant industrial user's discharge;
(3) the principal products and raw materials
				of each significant industrial user that affects or contributes to that
				significant industrial user's discharge;
(4) the average daily volume of wastewater
				discharged by the significant industrial user, indicating the amount
				attributable to process flow and non-process flow;
(5) a statement whether the significant
				industrial user is subject to local limits;
(6) a statement whether the significant
				industrial user is subject to one or more categorical standards, and if so,
				under which category and subcategory;
(7) a statement whether any problems at the
				POTW, including upsets, pass through, or interference have been attributed to
				the significant industrial user in the past four and one-half years.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 4 - Permit Application Requirements › 18 AAC 83.345 - Information requirements for a POTW receiving hazardous or corrective action wastes

Current through May 31, 2024
(a) A POTW receiving hazardous or corrective
				action wastes or wastes generated at another type of cleanup or remediation
				site must provide the following information:
(1) if the POTW receives, or has been
				notified that it will receive by truck, rail, or dedicated pipe, any wastes
				that are regulated as hazardous wastes under
				42 U.S.C.
				6921 -
				6939 e (Resource Conservation and
				Recovery Act) and   40 C.F.R. Part 261, adopted by reference in
				18 AAC 62.020, the applicant must
				report the following:
(A) the method of
				delivery, including by truck, rail, or dedicated pipe, by which the waste is
				received;
(B) the applicable
				hazardous waste number designated in 40 C.F.R. Part 261 for the transported
				waste, and the amount received annually of each hazardous waste;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 4 - Permit Application Requirements › 18 AAC 83.350 - Information requirements for a POTW with combined sewer systems and overflows

Current through May 31, 2024
A POTW applicant with a combined sewer system must provide
				  the following information on the combined sewer system and outfalls:
(1) a system map indicating the location of
(A) all combined sewer overflow discharge
				points;
(B) any sensitive use area
				potentially affected by combined sewer overflows including beaches, drinking
				water supplies, shellfish beds, sensitive aquatic ecosystems;
(C) outstanding national resource waters
				potentially affected by combined sewer overflows; and
(D) waters supporting threatened and
				endangered species potentially affected by combined sewer overflows;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 4 - Permit Application Requirements › 18 AAC 83.360 - Permit application requirements for new sources and new discharges

Current through May 31, 2024
(a) An
				applicant for an APDES permit for a new manufacturing, commercial, mining, or
				silvicultural discharge, except for a new discharge from a facility subject to
				the requirements of
				18 AAC 83.315, or a new discharge
				of storm water associated with industrial activity that is subject to the
				requirements of 40 C.F.R.
				122.26(c)(1), adopted by
				reference in
				18 AAC 83.010, except as provided
				by 40 C.F.R.
				122.26(c)(1)(ii), adopted by
				reference in
				18 AAC 83.010, shall provide the
				following information to the department, using the applicable forms specified
				in 18 AAC 83.305(a):
(1) the latitude and longitude to the nearest
				15 seconds of the expected outfall location and the name of each receiving
				water;
(2) the expected date the
				discharge will commence;
(3) the
				following information on flows, sources of pollution, and treatment
				technologies:
(A) a narrative describing the
				treatment that the wastewater will receive, identifying all operations
				contributing wastewater to the effluent, stating the average flow contributed
				by each operation, and describing the ultimate disposal of any solid or liquid
				wastes not discharged;
(B) a line
				drawing of the water flow through the facility with a water balance as
				described in
				18 AAC 83.310(b);
(C) if any of the expected discharges will be
				intermittent or seasonal, a description of the frequency, duration, and maximum
				daily flow rate of each discharge occurrence, except for storm water runoff,
				spillage, or leaks;
(4)
				if a new source performance standard promulgated under
				33 U.S.C.
				1316 or an effluent limitation guideline
				applies to the applicant and is expressed in terms of production or other
				measure of operation, a reasonable calculation of the applicant's expected
				actual production reported in the units used in the applicable effluent
				guideline or new source performance standard, as required by
				18 AAC 83.520(b)
				- (d), for each of the first three years; the applicant may submit alternative
				estimates if production is likely to vary;
(5) the effluent characteristics information
				as described in (b) of this section;
(6) the existence of any technical evaluation
				concerning the applicant's wastewater treatment, along with the name and
				location of similar plants of which the applicant has knowledge;
(7) any optional information the permittee
				wishes the department to consider;
(8) the signature of the certifying official
				under 18 AAC 83.385.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 4 - Permit Application Requirements › 18 AAC 83.365 - Variance requests by non-POTWs

Current through May 31, 2024
(a) An applicant
				for an APDES permit for a discharge from a facility that is not a POTW may
				request a variance under this section from otherwise applicable effluent
				limitations under any of the statutory or regulatory provisions specified in
				this section by submitting a request within the times specified in this
				section.
(b) A request for a
				variance based on the presence of fundamentally different factors from those on
				which the effluent limitations guideline was based must explain how the
				requirements of the applicable regulatory or statutory criteria have been met,
				and must be filed by the following dates:
(1)
				a request for a variance from best practicable control technology currently
				available, by the close of the public comment period under
				18 AAC 83.120;
(2) a request for a variance from best
				available technology economically achievable or best conventional pollutant
				control technology, by no later than the following:
(A) July 3, 1989, for a request based on an
				effluent limitation guideline promulgated before February 4, 1987, to the
				extent July 3, 1989 is not later than that provided under previously
				promulgated regulations;
(B) 180
				days after the date on which an effluent limitation guideline is published in
				the
Federal Register
for a request based on an effluent
				limitation guideline promulgated on or after February 4, 1987.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 4 - Permit Application Requirements › 18 AAC 83.370 - Variance requests by POTWs

Current through May 31, 2024
(a) An applicant
				for an APDES permit for a discharge from a facility that is a POTW may request
				a variance from otherwise applicable effluent limitations under any of the
				statutory provisions specified in this section,
(b) A request for a modification under
				33 U.S.C.
				1311(h) of any requirement
				of 33 U.S.C.
				1311(b)(1)(B) for discharges
				into marine waters must be filed in accordance with the requirements of  40
				C.F.R. Part 125, Subpart G, adopted by reference in
				18 AAC 83.010.
(c) A modification under
				33 U.S.C.
				1312(b)(2) of any
				requirement under 33 U.S.C.
				1312(a) for achieving water
				quality based effluent limitations must be requested no later than the close of
				the public comment period under
				18 AAC 83.120 on the permit from
				which the modification is sought.
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 4 - Permit Application Requirements › 18 AAC 83.375 - Expedited variance procedures

Current through May 31, 2024
(a) Notwithstanding
				the filing dates specified in
				18 AAC 83.365 and
				18 AAC 83.370, the department may,
				before issuing a draft permit, notify a permit applicant, or a person required
				to obtain an APDES permit that has not yet submitted an application, that the
				draft permit will likely contain limitations that are eligible for variances.
				In the notification, the department may require the applicant, as a condition
				of any variance request, to submit an explanation of how the requirements of  40
				C.F.R. Part 125, adopted by reference in
				18 AAC 83.010, that apply to the
				variance have been met. The department may establish a reasonable time limit
				for submission of the required information.
(b) When the department receives a variance
				request after giving notice under (a) of this section, the draft or final
				permit may contain the alternative limitations that become effective when the
				variance is granted.
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 4 - Permit Application Requirements › 18 AAC 83.380 - Permit application requirements for facilities with cooling water intake structures

Current through May 31, 2024
(a) An applicant for an APDES permit
(1) for a new facility other than an offshore
				oil and gas extraction facility, with a cooling water intake structure as
				defined in     40 C.F.R. Part 125, Subpart I, adopted by reference in
				18 AAC 83.010, must submit to the
				department, as part of its application, the information required under (c)(1) -
				(3) and (5) and (d) of this section and under
				40 C.F.R.
				125.86, adopted by reference in
				18 AAC 83.010;
(2) for a new offshore oil and gas extraction
				facility with cooling water intake structures as defined in 40 C.F.R. Part 125,
				Subpart N, adopted by reference in
				18 AAC 83.010, that is a fixed
				facility must submit to the department, as part of its application, the
				information required under (c)(1) - (3) and (5) and (d) of this section and
				under 40 C.F.R.
				125.136, adopted by reference in
				18 AAC 83.010;
(3) for a new offshore oil and gas extraction
				facility that is not a fixed facility must submit to the department, as part of
				its application, the information required under (c)(1) - (4), (5)(A), and
				(5)(C) - (E) of this section, and under
				40 C.F.R.
				125.136, adopted by reference in
				18 AAC 83.010; and
(4) under this section must submit any
				request for alternative requirements under
				40 C.F.R.
				125.85, adopted by reference in
				18 AAC 83.010, to the department
				with the permit application.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 4 - Permit Application Requirements › 18 AAC 83.385 - Signature requirements for permit applications and reports

Current through May 31, 2024
(a) An APDES permit
				application must be signed as follows:
(1)
				for a corporation, a responsible corporate officer shall sign the application;
				in this subsection, a responsible corporate officer means
(A) a president, secretary, treasurer, or
				vice-president of the corporation in charge of a principal business function,
				or any other person who performs similar policy- or decision-making functions
				for the corporation; or
(B) the
				manager of one or more manufacturing, production, or operating facilities, if
(i) the manager is authorized to make
				management decisions that govern the operation of the regulated facility,
				including having the explicit or implicit duty of making major capital
				investment recommendations, and initiating and directing other comprehensive
				measures to assure long term environmental compliance with environmental
				statutes and regulations;
(ii) the
				manager can ensure that the necessary systems are established or actions taken
				to gather complete and accurate information for permit application
				requirements; and
(iii) authority
				to sign documents has been assigned or delegated to the manager in accordance
				with corporate procedures;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 5 - Permit Conditions - General › 18 AAC 83.410 - Special reporting obligations

Current through May 31, 2024
(a)
Planned
				changes.
The permittee shall give notice to the department as soon as
				possible of any planned physical alteration or addition to the permitted
				facility if
(1) the alteration or addition may
				make the facility a "new source" under one or more of the criteria in
				18 AAC 83.990(44); or
(2) the alteration or addition could
				significantly change the nature or increase the quantity of pollutants
				discharged if those pollutants are not subject to effluent limitations in the
				permit, or to notification requirements under
				18 AAC 83.610.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 5 - Permit Conditions - General › 18 AAC 83.415 - Bypass; terms and conditions

Current through May 31, 2024
(a) Bypass is
				prohibited, and the department may take enforcement action against a permittee
				for any bypass, unless
(1) that bypass was
				unavoidable to prevent loss of life, personal injury, or severe property
				damage;
(2) there were no feasible
				alternatives to the bypass, including use of auxiliary treatment facilities,
				retention of untreated wastes, or maintenance during normal periods of
				equipment downtime; however, this condition is not satisfied if the permittee,
				in the exercise of reasonable engineering judgment, should have installed
				adequate back-up equipment to prevent a bypass that occurred during normal
				periods of equipment downtime or preventive maintenance; and
(3) the permittee provides notice to the
				department of a bypass event in the following manner, as appropriate:
(A) for an anticipated bypass, the permittee
				submits notice at least ten days before the date of the bypass; the department
				may approve an anticipated bypass, after considering its adverse effects, if
				the department determines that it will meet the conditions of (a)(1) and (2) of
				this section;
(B) for an
				unanticipated bypass, the permittee submits 24-hour notice as required in
				18 AAC 83.410(f).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 5 - Permit Conditions - General › 18 AAC 83.420 - Upset; terms and conditions

Current through May 31, 2024
(a) In any
				enforcement action for noncompliance with technology-based permit effluent
				limitations, a permittee may claim upset as an affirmative defense. A permittee
				seeking to establish the occurrence of an upset has the burden of proof to show
				that the requirements of (b) of this section are met.
(b) To establish the affirmative defense of
				upset, a permittee must demonstrate, through properly signed, contemporaneous
				operating logs or other relevant evidence that
(1) an upset occurred and the permittee can
				identify the cause or causes of the upset;
(2) the permitted facility was at the time
				being properly operated;
(3) the
				permittee submitted 24-hour notice of the upset as required in
				18 AAC 83.410(f);
				and
(4) the permittee complied with
				any mitigation measures required under
				18 AAC 83.405(e).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 5 - Permit Conditions - General › 18 AAC 83.425 - Case-by-case permit conditions and monitoring; reporting requirements

Current through May 31, 2024
(a) In
				addition to conditions required in all permits under
				18 AAC 83.405 -
				18 AAC 83.420 and required in
				specific categories of permits under
				18 AAC 83.610, the department will
				establish conditions, as required on a case-by-case basis, to assure compliance
				with any applicable requirement of state law and
				33 U.S.C.
				1251 -
				1387 (Clean Water Act), and
				regulations, including conditions in compliance with
(1)18 AAC 83.020, duration of APDES permits;
(2)18 AAC 83.455, monitoring requirements; and
(3)18 AAC 83.560, schedules of compliance.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 5 - Permit Conditions - General › 18 AAC 83.430 - Effluent limitations and standards; monitoring waiver

Current through May 31, 2024
(a) An APDES permit
				must include conditions meeting the following requirements, if applicable, in
				addition to those set out in other sections of this chapter:
(1) technology-based effluent limitations and
				standards based on effluent limitations and standards promulgated under
				33 U.S.C.
				1311, new source performance standards
				promulgated under 33 U.S.C.
				1316, case-by-case effluent limitations
				determined under 33 U.S.C.
				1342(a), or a combination of
				the three authorities in accordance with
				40 C.F.R.
				125.3; for new sources or new dischargers,
				technology-based limitations and standards are subject to the provisions of
				40 C.F.R.
				122.29(d), adopted by
				reference in
				18 AAC 83.010;
(2) other effluent limitations and standards
				under 33 U.S.C.
				1311 -
				1313,
				1317,
				1328, and
				1345; if any applicable toxic
				effluent standard or prohibition, including any schedule of compliance
				specified in the effluent standard or prohibition, is promulgated under
				33 U.S.C.
				1317(a), and that standard
				or prohibition is more stringent than any limitation on the pollutant in the
				permit, the department shall commence proceedings under this chapter to modify
				or revoke and reissue the permit to conform to the more stringent toxic
				effluent standard or prohibition;
(3) requirements applicable to cooling water
				intake structures under 33
				U.S.C. 1326(b), in
				accordance with  40 C.F.R. Part 125, Subparts I, J, and N, adopted by reference
				in 18 AAC 83.010; and
(4) for significant industrial users of a
				POTW without an approved pretreatment program, applicable requirements under  40
				C.F.R. Part 403  -  40 C.F.R. Part 471, adopted by reference in
				18 AAC 83.010(g).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 5 - Permit Conditions - General › 18 AAC 83.435 - Water quality standards and state requirements

Current through May 31, 2024
(a) An APDES permit
				must include conditions to meet any applicable requirement in addition to or
				more stringent than promulgated effluent limitations guidelines or standards
				under 33 U.S.C.
				1311,
				1314,
				1316,
				1317,
				1328, and
				1345 if necessary to
(1) achieve water quality standards establish
				under 33 U.S.C.
				1313, including state narrative criteria for
				water quality;
(2) attain or
				maintain a specified water quality through water quality-related effluent
				limits established under 33
				U.S.C. 1312;
(3) incorporate any more stringent
				limitations, treatment standards, or schedule of compliance requirements
				established under federal or state statute or regulations in accordance with
				33 U.S.C.
				1311(b)(1)(C);
(4) ensure consistency with the requirements
				of a water quality management plan approved by EPA under
				33 U.S.C.
				1288(b);
(5) incorporate
				33 U.S.C.
				1343 criteria for ocean discharges under
				40 C.F.R.
				125.120 -
				125.124, adopted by reference in
				18 AAC 83.010; and
(6) incorporate alternative effluent
				limitations or standards where warranted by fundamentally different factors
				under 40 C.F.R.
				125.30 -
				125.32, adopted by reference in
				18 AAC 83.010.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 5 - Permit Conditions - General › 18 AAC 83.440 - Technology-based controls for toxic pollutants

Current through May 31, 2024
(a) An APDES permit
				must include limitations established under
				18 AAC 83.430 and
				18 AAC 83.435 to control toxic
				pollutants that the department determines are or may be discharged at a level
				greater than the level achievable by the technology-based treatment
				requirements appropriate to the permittee under
				40 C.F.R.
				125.3(c), adopted by
				reference in
				18 AAC 83.010.
(b) In determining whether to include
				limitations on toxic pollutants in a permit under this section, the department
				will consider information reported in a permit application under
				18 AAC 83.310 or in a notification
				under 18 AAC 83.610, or other relevant
				information. The fact sheet must explain the development of limitations
				included in the permit.
(c)
				Limitations included in a permit under this section may include limitations on
(1) the toxic pollutants identified for
				limits under (a) of this section; or
(2) other pollutants which, in the
				determination of the department, will provide treatment of the pollutants to
				the levels required by 40
				C.F.R. 125.3(c), adopted by
				reference in
				18 AAC 83.010.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 5 - Permit Conditions - General › 18 AAC 83.445 - Notification level

Current through May 31, 2024
An APDES permit must include a condition requiring a
				  notification level that exceeds the notification level of
				  18 AAC 83.610(b) (1)(A) - (C), if the permittee in a petition
				  or the department on its own initiative, seeks a new notification level. A new
				  notification level imposed under this section may not exceed the level that can
				  be achieved by the technology-based treatment requirements appropriate to the
				  permittee under 40 C.F.R.
				  125.3(c), adopted by
				  reference in
				  18 AAC 83.010.
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 5 - Permit Conditions - General › 18 AAC 83.450 - Twenty-four hour reporting for certain pollutants

Current through May 31, 2024
A permit must list pollutants for which the permittee is
				  required to report violations of maximum daily discharge limitations within 24
				  hours under
				  18 AAC 83.410(f).
				  Listed pollutants must include any toxic pollutant or hazardous substance, or
				  any pollutant specifically identified as the method to control a toxic
				  pollutant or hazardous substance.
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 5 - Permit Conditions - General › 18 AAC 83.455 - Monitoring requirements

Current through May 31, 2024
(a) A permit must
				include the following requirements for monitoring and reporting:
(1) provisions concerning the proper use,
				maintenance, and installation of appropriate monitoring equipment or methods,
				including biological monitoring methods;
(2) the type, intervals and frequency of
				monitoring required to yield data that are representative of the monitored
				activity, including continuous monitoring when appropriate;
(3) provisions for reporting the results of
				monitoring, including frequency, appropriate for the regulated activity based
				on the impact of that activity and as specified in (b) - (e) of this
				section;
(4) monitoring sufficient
				to assure compliance with permit limitations for
(A) the mass or other measurement specified
				in the permit for each pollutant limited in the permit;
(B) the volume of effluent discharged from
				each outfall; and
(C) other
				appropriate measurements, including
(i)
				pollutants in internal waste streams under
				18 AAC 83.550;
(ii) pollutants in intake water for net
				limitations under
				18 AAC 83.545;
(iii) frequency, rate of discharge, and other
				requirements for noncontinuous discharges under
				18 AAC 83.535; and
(iv) pollutants subject to notification
				requirements under
				18 AAC 83.610; and
(5) analyses of
				pollutants using test procedures approved under  40 C.F.R. Part 136, adopted by
				reference in
				18 AAC 83.010, for pollutants with
				approved test procedures, and using test procedures specified in the permit for
				pollutants without approved methods.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 5 - Permit Conditions - General › 18 AAC 83.460 - Pretreatment program for POTWs

Current through May 31, 2024
(a) A POTW permit
				must include pretreatment program conditions requiring the permittee to
(1) identify, in terms of character and
				volume of pollutants, any significant indirect dischargers into the POTW
				subject to pretreatment standards under
				33 U.S.C.
				1317(b) and
				40 C.F.R. Part 403, adopted by
				reference in
				18 AAC 83.010;
(2) submit a local program when required by
				and in accordance with     40 C.F.R. Part 403, adopted by reference in
				18 AAC 83.010, to assure
				compliance with pretreatment standards to the extent applicable under
				33 U.S.C.
				1317(b); the local program
				must be incorporated into the permit as described in 40 C.F.R. Part 403,
				adopted by reference in
				18 AAC 83.010, and must require
				all indirect dischargers to the POTW to comply with the reporting requirements
				of 40 C.F.R. Part 403, adopted by reference in
				18 AAC 83.010; and
(3) provide a written technical evaluation of
				the need to revise local limits under
				40 C.F.R.
				403.5(c)(1), adopted by
				reference in
				18 AAC 83.010, following permit
				issuance or reissuance.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 5 - Permit Conditions - General › 18 AAC 83.475 - Best management practices

Current through May 31, 2024
A permit must include best management practices to control or
				  abate the discharge of pollutants in the permit when
(1) authorized under
				33 U.S.C.
				1314(e) for the control of
				toxic pollutants and hazardous substances from ancillary industrial
				activities;
(2) authorized under
				33 U.S.C.
				1342(p) for the control of
				storm water discharges;
(3) numeric
				effluent limitations are infeasible; or
(4) the practices are reasonably necessary to
				achieve effluent limitations and standards or to carry out the purposes and
				intent of 33 U.S.C.
				1251 -
				1387 (Clean Water Act).
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 5 - Permit Conditions - General › 18 AAC 83.480 - Reissued permits

Current through May 31, 2024
(a) Except as provided in (b) of this
				section, when a permit is renewed or reissued, interim effluent limitations,
				standards, or conditions must be at least as stringent as the final effluent
				limitations, standards, or conditions in the previous permit, unless the
				circumstances on which the previous permit was based have materially and
				substantially changed since the permit was issued, and the change in
				circumstances would constitute cause for permit modification or revocation and
				reissuance under
				18 AAC 83.135.
(b) In the case of effluent limitations
				established on the basis of 33 U.S.C.
				1342(a)(1)(B), a permit may
				not be renewed, reissued, or modified on the basis of effluent guidelines
				promulgated under 33 U.S.C.
				1314(b) after the original
				issuance of the permit to contain effluent limitations that are less stringent
				than the comparable effluent limitations in the previous permit, except that a
				permit under this subsection may be renewed, reissued, or modified to contain a
				less stringent effluent limitation applicable to a pollutant, if
(1) a material and substantial alteration or
				addition to the permitted facility that justifies the application of a less
				stringent effluent limitation occurred after permit issuance;
(2) information other than revised
				regulations, guidance, or test methods that would have justified the
				application of a less stringent effluent limitation is now available but was
				not available at the time of permit issuance, or the department determines that
				technical mistakes or mistaken interpretations of law were made in issuing the
				permit under 33 U.S.C.
				1342(a)(1)(b);
(3) a less stringent effluent limitation is
				necessary because of events over which the permittee has no control and for
				which there is no reasonably available remedy;
(4) the permittee has received a permit
				modification under 33 U.S.C.
				1311(c), (g) - (i), (k),
				(n), or
				1326(a);
				or
(5) the permittee has installed
				the treatment facilities required to meet the effluent limitations in the
				previous permit and has properly operated and maintained the facilities but has
				nevertheless been unable to achieve the previous effluent limitations, in which
				case the limitations in the reviewed, reissued, or modified permit may reflect
				the level of pollutant control actually achieved, but shall not be less
				stringent than required by effluent guidelines in effect at the time the permit
				was renewed, reissued, or modified.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 5 - Permit Conditions - General › 18 AAC 83.485 - Privately-owned treatment works

Current through May 31, 2024
A permit granted to a privately owned treatment works must
				  include any condition expressly applicable to any user, as a limited
				  co-permittee, that may be necessary to ensure compliance with applicable
				  requirements under this chapter. Alternatively, the department may issue a
				  separate permit to the treatment works and to one or more of its users, or may
				  require a separate permit application from any user. The department's decision
				  to issue a permit without conditions applicable to any user, to impose
				  conditions on one or more users, to issue separate permits, or to require
				  separate applications, and the basis for that decision, must be stated in the
				  fact sheet for the draft permit for the treatment works.
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 5 - Permit Conditions - General › 18 AAC 83.490 - Grants

Current through May 31, 2024
An APDES permit must include any applicable condition imposed
				  in a grant made by the administrator to a POTW under
				  33 U.S.C.
				  1281 and
				  1284 that is reasonably necessary
				  for the achievement of effluent limitations under
				  33 U.S.C.
				  1311.
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 5 - Permit Conditions - General › 18 AAC 83.495 - Coast Guard

Current through May 31, 2024
When the department issues a permit to a facility that may
				  operate at certain times as a means of transportation over water, the permit
				  must require the discharge to comply with any applicable regulation promulgated
				  by the secretary of the department in which the United States Coast Guard is
				  operating that establishes specifications for safe transportation, handling,
				  carriage, and storage of pollutants.
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 5 - Permit Conditions - General › 18 AAC 83.500 - Navigation

Current through May 31, 2024
An APDES permit must include any applicable condition that
				  the Secretary of the United States Army Corps of Engineers considers necessary
				  to ensure that navigation and anchorage will not be substantially impaired in
				  accordance with
				  18 AAC 83.120(i).
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 5 - Permit Conditions - General › 18 AAC 83.505 - Qualifying state, tribal, or local programs involving small construction activity

Current through May 31, 2024
For storm water discharges associated with small construction
				  activity identified in 40
				  C.F.R. 122.26(b)(l5),
				  adopted by reference in
				  18 AAC 83.010, the department may
				  include permit conditions that incorporate qualifying state, tribal, or local
				  erosion and sediment control program requirements by reference. When a
				  qualifying state, tribal, or local erosion and sediment control program does
				  not include one or more of the elements in (1) - (4) of this section, the
				  department must include those elements as conditions in the permit. A
				  qualifying state, tribal, or local erosion and sediment control program is one
				  that includes a requirement that
(1)
				any construction site operator must implement appropriate erosion and sediment
				control best management practices;
(2) any construction site operator must
				control waste that may cause adverse impacts to water quality, such as
				discarded building materials, concrete truck washout, chemicals, litter, and
				sanitary waste at the construction site;
(3) any construction site operator must
				develop and implement a storm water pollution prevention plan, which must
				include site descriptions, descriptions of appropriate control measures,
				maintenance procedures, inspection procedures, identification of non-storm
				water discharges, and copies of approved state, tribal, or local requirements;
				and
(4) a site plan be submitted
				for review that incorporates consideration of potential water quality
				impacts.
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