18 AAC 83.115 - Draft permit, fact sheet, and applicant review
(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 following information:
(1) all conditions established under
18 AAC 83.405;
(2) all conditions established under
18 AAC 83.425;
(3) all monitoring requirements established
under 18 AAC 83.455;
(4) schedules of compliance established under
18 AAC 83.560;
(5) effluent limitations, standards and
prohibitions, and conditions under
18 AAC 83.430,
18 AAC 83.510,
18 AAC 83.610, and any variances
that are approved.
(b) A
fact sheet containing the information required in (c) of this section must
accompany the draft permit prepared for
(1) a
major APDES facility or activity;
(2) an APDES general permit;
(3) a permit that incorporates a variance or
requires an explanation under (c)(9) of this section;
(4) a permit that includes a sewage sludge
land application plan under 40 C.F.R.
501.15(a)(2)(ix), as revised
as of July 1, 2005; and
(5) a
permit that the department finds is the subject of wide-spread public interest
or raises major issues.
(c) A fact sheet must briefly set out the
principal facts and the significant factual, legal, methodological, and policy
questions considered in preparing the draft permit and must include, if
applicable, the following information:
(1) a
brief description of the type of facility or activity that is the subject of
the draft permit;
(2) the type and
quantity of wastes, fluids, or pollutants that are proposed to be or are being
treated, stored, disposed of, injected, emitted, or discharged;
(3) a brief summary of the basis for the
draft permit conditions, including references to applicable statutes or
regulations and appropriate supporting references to the administrative
record;
(4) reasons for the
department's tentative decision on any requested variances or alternatives to
required standards;
(5) a
description of the procedures for reaching a final decision on the draft
permit, including
(A) the beginning and
ending dates of the comment period under
18 AAC 83.120(b)
and the address where comments should be submitted;
(B) the procedure for requesting a hearing
and the nature of that hearing; and
(C) any other procedures by which the public
may participate in the final decision;
(6) the name and telephone number of a person
to contact for additional information;
(7) the justification for waiver of any
application requirements under
18 AAC 83.330;
(8) any calculations or other necessary
explanation of the derivation of specific effluent limitations and conditions,
including a citation to the applicable effluent limitation guideline or
performance standard as required by
18 AAC 83.430, and reasons why the
effluent limitations and conditions are applicable, or an explanation of how
any alternate effluent limitation was developed;
(9) if applicable, an explanation of why the
draft permit contains the following conditions or waivers:
(A) limitations to control toxic pollutants
under 18 AAC 83.440;
(B) limitations on internal waste streams
under 18 AAC 83.550;
(C) limitations on indicator pollutants under
40 C.F.R.
125.3(g), adopted by
reference in
18 AAC 83.010;
(D) limitations established on a case-by-case
basis under 40 C.F.R.
125.3(c)(2) or (c)(3),
adopted by reference in
18 AAC 83.010, or under
33 U.S.C.
1345(d)(4);
(E) limitations to meet the criteria for
permit issuance under
18 AAC 83.015(c) (8); or
(F) waivers from monitoring requirements
granted under
18 AAC 83.430(b);
(10) for a draft permit for a treatment works
owned by a person other than a state or municipality, an explanation of the
department's decision on regulation of users under
18 AAC 83.485;
(11) if appropriate, a sketch or detailed
description of the location of the discharge or regulated activity described in
the application.
(d) The
department will send the fact sheet to the applicant and, on request, to any
other person.
(e) Before giving
public notice of a draft individual APDES permit under
AS
46.03.110 and
18 AAC 83.120, the department will
provide a copy of the preliminary draft permit and draft fact sheet to the
applicant for review. The department will give the applicant at least 10 days,
not including the weekend or state holidays, to provide written and oral
comments, to propose amendments, or to discuss the preliminary draft permit
with the department before the draft permit undergoes public notice and comment
under AS
46.03.110 and
18 AAC 83.120. The applicant may
by written notice to the department waive the applicant's right to review and
comment on the preliminary draft permit and draft fact sheet or agree to a
shortened period for that review and comment.
(f) Before giving public notice of a draft
general APDES permit under
AS
46.03.110 and
18 AAC 83.120, the department will
post the preliminary draft general permit on the Alaska Online Public Notice
System (AS 44.62.175) for at least 10
days, not including the weekend or state holidays, for potential permittees to
provide written and oral comments, to propose amendments, and to discuss the
preliminary draft permit with the department before the draft permit undergoes
public notice and comment under
AS
46.03.110 and
18 AAC 83.120.
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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