Section 18.70.210. 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.  

Authorities

46.03.020;46.03.070;46.03.080;46.03.100;46.03.110

Notes

Reference

18 AAC 70.015
18 AAC 70.240

Authority

AS 46.03.020 AS 46.03.070 AS 46.03.080 AS 46.03.100 AS 46.03.110

History

Eff. 11/1/97, Register 143