Alaska Administrative Code

(a) Any person who discharges or proposes to discharge a pollutant and who does not have a permit in effect, shall submit a complete APDES permit application to the department in compliance with this chapter, unless the discharge or proposed discharge is covered by one or more ge…

(a) Any person required to obtain a permit under the APDES program shall submit to the department a complete application for a permit in compliance with the requirements of this chapter. For an APDES general permit, an application is not required but a notice of intent must be su…

(a) After receiving a complete application, the department will tentatively decide to issue an APDES permit or to deny the application. If the department tentatively decides to issue an APDES permit, the department will prepare a draft permit. A draft permit must contain the foll…

(a) The department will give notice to the public that a draft permit has been prepared under 18 AAC 83.115, and whether a hearing is scheduled. A public notice may describe more than one permit or permit action. (b) In a public notice, the department will allow at least 30 days …

(a) The department may enter into an agreement with the permit applicant for the department to select and engage the services of a third-party contractor to prepare the draft permit, fact sheet, proposed final permit, or response to comments. In proceeding with a third-party cont…

(a) The department may modify, revoke and reissue, or terminate an APDES permit, either at the request of an interested person, including the permittee, or on the department's own initiative, for any reason specified in 18 AAC 83.135 and 18 AAC 83.140. A request to modify, revoke…

(a) When the department receives any new information, including information received or discovered through a facility inspection, a submittal by the permittee required by the permit, a request to modify or revoke and reissue a permit, or a file review, the department may, in acco…

Cause for terminating a permit before the end of its term, or for denying a permit renewal application, includes the following: (1) the permittee's noncompliance with any condition of the permit; (2) the permittee's failure to fully disclose all relevant facts in the application …

(a) With the consent of the permittee, the department may make minor modifications to a permit to make the corrections or allowances for changes in the permitted activity listed in this section, without following the procedures described in 18 AAC 83.115, 18 AAC 83.120, and 18 AA…

(a) Except as provided in (b) of this section and 18 AAC 83.145(a) (4), a permittee may transfer a permit to a new owner or operator only if the department has modified or revoked and reissued the permit under 18 AAC 83.130. (b) Notwithstanding (a) of this section, an APDES permi…

(a) Except for any toxic effluent standards and prohibitions imposed under 33 U.S.C. 1317, compliance with a permit during its term constitutes compliance, for purposes of enforcement, with 33 U.S.C. 1311, 1312, 1316, 1317, 1328, and 1343. However, a permit may be modified, revok…

(a) Subject to EPA objection under 40 C.F.R. 123.44, as revised as of July 1, 2005, the department may grant or deny requests for the following variances: (1) extensions under 33 U.S.C. 1311(i), based on delay in completion of a POTW; (2) extensions under 33 U.S.C. 1311(k), based…

(a) A permit applicant or permittee may assert a claim of confidentiality for proprietary or confidential business information by stamping the words "confidential business information" on each page of a submission containing proprietary or confidential business information. The d…

(a) The department will ensure that any board or body that approves all or portions of a permit does not include as a member a person who receives, or has during the previous two years received, a significant portion of income directly or indirectly from permit holders or applica…

(a) The permit applicant and any person who filed comments on the draft permit, or who both participated in a public hearing on the draft permit and raised the issues that are the subject of the informal review or adjudicatory hearing, may request review of the terms and conditio…

(a) The department may issue a general APDES permit written to cover one or more categories or subcategories of discharges or facilities, except those covered by individual permits, within a geographic area. The area covered by a general permit should correspond to existing geogr…

(a) The department may issue a general permit in compliance with this section and the applicable requirements of 18 AAC 83.115 and 18 AAC 83.120, and may modify, revoke and reissue, or terminate a general permit in compliance with 18 AAC 83.130. (b) Except as provided in (g) and …

(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 APDE…

(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…

(a) Information requirements.Except for a facility subject to the requirements of 18 AAC 83.315, an applicant for an APDES permit for an existing discharge from a manufacturing, commercial, mining, or silvicultural facility or activity shall provide the following information to t…

(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 t…

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.…

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 outfal…

(a) Permit application.Except as provided in (b) of this section, an applicant that is a POTW and any other discharger designated by the dependent shall provide the information in this section to the department, using the applicable forms specified in 18 AAC 83.305(a). A permit a…

(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 o…

(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 informa…

(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 …

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 combine…

(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 sub…

(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 w…

(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 a…

(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 li…

(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 …

(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 c…

(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 se…

(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.…

(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…

(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 th…

(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 re…

(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 …

(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…

(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 appropria…

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 u…

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 identifie…

(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 frequenc…

(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 …

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…