18 AAC 83.015 - Duty to obtain a permit; exclusions and prohibitions
(a) A person may
not discharge pollutants from any point source into waters of the United States
in the state without first obtaining an APDES permit from the department,
unless the discharge is excluded from APDES permit requirements under (b) of
this section or the discharge is authorized by an APDES or NPDES permit that
continues in effect under
18 AAC 83.155.
(b) The following discharges do not require
an APDES permit under this chapter, but are subject to any applicable waste
disposal permit requirements of
AS
46.03.100, or any other state authorization:
(1) any discharge of sewage from a vessel,
effluent from a properly functioning marine engine, laundry, shower, and galley
sink wastes, or any other discharge incidental to the normal operation of a
vessel as that term is defined in
AS
46.03.826(14); however, this
exclusion does not apply to
(A) rubbish,
trash, garbage, or other materials discharged overboard, or
(B) other discharges when the vessel is
operating in a capacity other than as a means of transportation, including when
the vessel is
(i) used as an energy or mining
facility, a storage facility, or a seafood processing facility;
(ii) secured to a storage facility or a
seafood processing facility; or
(iii) secured to the bed of the ocean,
contiguous zone, or waters of the United States for the purpose of mineral or
oil exploration or development;
(2) any discharge of dredged or fill material
into waters of the United States that is regulated under
33 U.S.C.
1344 (Clean Water Act, sec. 404);
(3) the introduction of sewage, industrial
wastes, or other pollutants into publicly owned treatment works (POTWs) by an
indirect discharger; however, this exclusion does not apply to an indirect
discharger defined as a significant industrial user under 40 C.F.R. Part 403, adopted by reference in
18 AAC 83.010, if the indirect
discharge is or will be a POTW without an approved pretreatment program; the
department will provide an opportunity for any POTW that may receive indirect
discharges from a significant industrial user to comment on the significant
industrial user's permit;
(4) any
discharge in compliance with the instructions of an on-scene coordinator under
40 C.F.R. Part 300 (The National Oil and Hazardous Substances Pollution
Contingency Plan), as revised as of July 1, 2006, or 33 C.F.R. Part 153
(Control of Pollution by Oil and Hazardous Substances, Discharge Removal), as
revised as of July 1, 2006;
(5) any
introduction of pollutants from non-point source agricultural and silvicultural
activities, including storm water runoff from orchards, cultivated crops,
pastures, range lands, and forest lands; however, this exclusion does not apply
to discharges from concentrated animal feeding operations, discharges from
concentrated aquatic animal production facilities, discharges to aquaculture
projects, and discharges from silvicultural point sources;
(6) any return flow from irrigated
agriculture;
(7) any discharge into
a privately owned treatment works, unless the department otherwise requires
under 18 AAC 83.485;
(8) any discharge of a pollutant from a POTW
into marine waters where the discharger has been granted a waiver under
33 U.S.C.
1311(h).
(c) The department will not issue
an APDES permit for a discharge,
(1) unless
the conditions of the permit provide for compliance with the applicable
requirements of 33 U.S.C.
1251 -
1387 (Clean Water Act) and this
chapter;
(2) when the regional
administrator has objected to issuance of the permit;
(3) when the department cannot impose
conditions that ensure compliance with the applicable water quality
requirements of all affected states;
(4) when, in the judgment of the United
States Army Corps of Engineers, anchorage and navigation in or on any of the
waters of the United States would be substantially impaired by the
discharge;
(5) of any radiological,
chemical, or biological warfare agent or high-level radioactive
waste;
(6) that is inconsistent
with a plan or plan amendment approved under
33 U.S.C.
1288(b);
(7) to the territorial sea, the waters of the
contiguous zone, or the oceans,
(A) before the
EPA promulgates guidelines under
33 U.S.C.
1343 for determining degradation of the
waters of the territorial seas, the contiguous zone, and the oceans, unless the
department determines that it is in the public interest to issue a permit;
or
(B) after the EPA promulgates
guidelines under 33 U.S.C.
1343, if the department has insufficient
information to make a reasonable judgment whether the discharge complies with
the EPA guidelines;
(8)
to a new source or a new discharger, if the discharge from its construction or
operation will cause or contribute to the violation of water quality standards;
however,
(A) when an owner or operator of a
new source or new discharger proposes to discharge into a water segment
(i) that does not meet applicable water
quality standards or that is not expected to meet those standards even after
application of the effluent limitations required by
33 U.S.C.
1311(b)(1)(A); and
(ii) for which the state or interstate agency
has performed a pollutants load allocation for the pollutant to be
discharged;
(B) the
department will provide an opportunity before the close of the public comment
period for that owner or operator to demonstrate that
(i) there are sufficient remaining pollutant
load allocations to allow for the discharge; and
(ii) the existing dischargers into that
segment are subject to compliance schedules designed to bring the segment into
compliance with applicable water quality standards;
(C) the department may waive the submission
of information required by (c)(8)(B) of this section if the department
determines that the department already has adequate information to evaluate the
request;
(D) the department must
include an explanation of the development of limitations to meet the criteria
of (c)(8)(B) of this section in the fact sheet to the permit under
18 AAC 83.115; or
(9) of any pollutant to waters of
the United States located in Denali National Park and Preserve.
Notes
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
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