18 AAC 70.210 - Zones of deposit
(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.
(c) The department will, in its discretion,
require an applicant to provide information that the department deems necessary
to adequately assess (b)(1) - (6) of this section. In all cases, the burden of
proof for providing the required information is on the person seeking to
establish a zone of deposit.
Notes
Authority:AS 46.03.020
AS 46.03.070
AS 46.03.080
AS 46.03.100
AS 46.03.110
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