18 AAC 83.405 - Conditions applicable to all permits
(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 section
incorporated by reference in a permit must be identified by a specific
citation.
(b)
Duty to
comply.A permittee shall comply with all conditions of that permittee's
APDES permit. Any permit noncompliance constitutes a violation of
33 U.S.C.
1251 -
1387 (Clean Water Act) and this
chapter, and is grounds for an enforcement action including termination,
revocation and reissuance, or modification of a permit, or denial of a permit
renewal application. A permittee shall comply with effluent standards or
prohibitions established under
33 U.S.C.
1317(a) for toxic pollutants
within the time provided in the regulations that establish those effluent
standards or prohibitions even if the permit has not yet been modified to
incorporate the requirement.
(c)
Duty to reapply.If a permittee wishes to continue an activity
regulated by a permit after its expiration date, the permittee must apply for
and obtain a new permit.
(d)
Need to halt or reduce activity not a defense.In an enforcement
action, a permittee may not assert as a defense that compliance with the
conditions of the permit would have made it necessary for the permittee to halt
or reduce the permitted activity.
(e)
Duty to mitigate.A permittee
shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit that has a reasonable likelihood of adversely
affecting human health or the environment.
(f)
Proper operation and
maintenance.A permittee shall at all times properly operate and maintain
all facilities and systems of treatment and control and related appurtenances
that the permittee installs or uses to achieve compliance with the conditions
of the permit. The permittee's duty to operate and maintain properly includes
using adequate laboratory controls and appropriate quality assurance
procedures. However, a permittee is not required to operate back-up or
auxiliary facilities or similar systems that a permittee installs unless
operation of those facilities is necessary to achieve compliance with the
conditions of the permit.
(g)
Permit actions.A permit may be modified, revoked and reissued, or
terminated for cause as provided in
18 AAC 83.130. If a permittee
files a request to modify, revoke and reissue, or terminate a permit, or gives
notice of planned changes or anticipated noncompliance, the filing or notice
does not stay any permit condition.
(h)
Property rights.A permit
does not convey any property rights or exclusive privilege.
(i)
Duty to provide
information.A permittee shall, within a reasonable time, provide to the
department any information that the department requests to determine whether a
permittee is in compliance with the permit, or whether cause exists to modify,
revoke and reissue, or terminate a permit. A permittee shall also provide to
the department, upon request, copies of any records the permittee is required
to keep under the permit.
(j)
Inspection and entry.A permittee shall allow the department, or an
authorized representative, including a contractor acting as a representative of
the department at reasonable times and on presentation of credentials
establishing authority and any other documents required by law, to
(1) enter the premises where a permittee's
regulated facility or activity is located or conducted, or where permit
conditions require records to be kept;
(2) have access to and copy any records that
permit conditions require the permittee to keep;
(3) inspect any facilities, equipment,
including monitoring and control equipment, practices, or operations regulated
or required under a permit; and
(k)
Monitoring and
records.A permittee must comply with the following monitoring and
recordkeeping conditions:
(1) samples and
measurements taken for the purpose of monitoring must be representative of the
monitored activity;
(2) the
permittee shall retain records of all monitoring information for at least three
years, or longer at the department's request at any time, from the date of the
sample, measurement, report, or application; monitoring records required to be
kept include
(A) all calibration and
maintenance records;
(B) all
original strip chart recordings or other forms of data approved by the
department for continuous monitoring instrumentation;
(C) all reports required by a permit;
and
(D) records of all data used to
complete the application for a permit;
(3) records of monitoring information must
include
(A) the date, exact place, and time of
any sampling or measurement;
(B)
the name of any individual who performed the sampling or measurement;
(C) the date any analysis was
performed;
(D) the name of any
individual who performed any analysis;
(E) any analytical technique or method used;
and
(F) the results of the
analysis; and
(4)
monitoring must be conducted according to test procedures approved under 40
C.F.R. Part 136, adopted by reference in
18 AAC 83.010, unless other test
procedures have been specified in the permit.
(l)
Signature requirement;
penalties.Any application, report, or information submitted to the
department in compliance with a permit requirement must be signed and certified
in accordance with
18 AAC 83.385. Any person who
knowingly makes any false material statement, representation, or certification
in any application, record, report or other document filed or required to be
maintained under a permit, or who knowingly falsifies, tampers with or renders
inaccurate any monitoring device or method required to be maintained under a
permit shall, upon conviction, be subject to penalties under
33 U.S.C.
1319(c)(4).
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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