Section 18.72.050. Minimum treatment.

	(a)  Subject to meeting the applicable requirements of 18 AAC 83.005 - 18 AAC 83.990 for a discharge to waters of the United States, a person may discharge domestic wastewater into or onto water or land if the discharge  
		(1) to surface land has received secondary treatment, and if the discharge is a potential health hazard, the discharge has been disinfected;  
		(2) to subsurface land has received primary treatment and is discharged to a soil absorption system; the department will require additional treatment if the discharge is a potential health hazard;  
		(3) from a community domestic wastewater treatment works to water has received secondary treatment; and  
		(4) from a source that is ineligible for a waiver under 33 U.S.C. 1311(h) (Clean Water Act, sec. 301(h)) to water has received secondary treatment.  
	(b)  The department will require treatment in addition to the minimum set out in this section if necessary to protect public health, public and private water systems, or the environment. In deciding to increase treatment under this section, the department will consider whether the discharge is to a sensitive receiving environment, whether the discharge is to the surface or subsurface, and other permit or plan approval conditions.  
	(c)  Under 18 AAC 72.060, the department will waive the requirements of (a)(3) of this section and reduce the minimum treatment requirements for a community domestic wastewater treatment works, if the department determines that the reduced requirements will protect public health, public and private water systems, and the environment, and if  
		(1) a modified treatment level has been established for the discharge of domestic wastewater to marine water under 33 U.S.C. 1311(h) (Clean Water Act, sec. 301(h)), and the modified treatment level complies with at least primary treatment requirements;  
		(2) before the establishment of a modified treatment level as described in (1) of this subsection, and upon review of a completed application for a modified treatment level under 33 U.S.C. 1311(h), the department finds that an interim lesser degree of treatment will meet primary treatment requirements during the period that the EPA reviews the application;  
		(3) alternative percentage removal requirements for biochemical oxygen demand and suspended solids have been established by the EPA under 40 C.F.R. 133.103(a), revised as of July 1, 1997;  
		(4) the values for biochemical oxygen demand or suspended solids are increased by the EPA under 40 C.F.R. 133.103(b), revised as of July 1, 1997; or  
		(5) the minimum levels of discharge of suspended solids from a waste stabilization pond are adjusted by the EPA under 40 C.F.R. 133.103(c), revised as of July 1, 1997.  
	(d)  Under 18 AAC 72.060, the department will waive the requirements of (a)(1) or (a)(4) of this section and reduce the minimum treatment requirements, if the department determines that the reduced requirements will protect public health, public and private water systems, and the environment. A person seeking a reduced level of treatment must submit a report that  
		(1) explains how public health, public and private water systems, and the environment will be adequately protected with the reduced level of treatment proposed;  
		(2) describes the volume, characteristics, frequency, and duration of the discharge;  
		(3) includes the plans required by 18 AAC 72.200;  
		(4) identifies water and existing or potential drinking water sources within 200 feet of the discharge area; and  
		(5) describes any other environmental factor that is important in approving the lesser treatment level, including,  
			(A) for a domestic wastewater discharge to surface land  
				(i) local soil classification and groundwater conditions;  
				(ii) surrounding topographic, geologic, and soil characteristics; and  
				(iii) existing and potential uses of the land, including food processing, food gathering, housing, education, industry, recreation, and agriculture; and  
			(B) for a graywater discharge to fresh water, or for a domestic wastewater discharge to marine water  
				(i) the hydrological characteristics of the receiving water, including flushing ability, tide, and current;  
				(ii) local topographic, geologic, and soil characteristics; and  
				(iii) existing and potential uses of the water, including drinking, aquaculture, food processing, food gathering, fishing, boating, swimming, and recreation.  
	(e)  A person may not discharge domestic wastewater with less than primary treatment.  

Authorities

44.46.020;44.46.025;46.03.020;46.03.050;46.03.070;46.03.080;46.03.100

Notes

Reference

18 AAC 70.240
18 AAC 72.275

Authority

AS 44.46.020 AS 44.46.025 AS 46.03.020 AS 46.03.050 AS 46.03.070 AS 46.03.080 AS 46.03.100 Editor's note: The discharge of domestic wastewater from vessels is regulated by federal standards of performance for marine sanitation devices under 33 U.S.C. 1322 (Clean Water Act, sec. 312).

History

Eff. 4/1/99, Register 149; am 7/29/2006, Register 179