Section 18.83.015. 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.  

Authorities

44.46.020;46.03.010;46.03.020;46.03.050;46.03.100;46.03.110

Notes

Reference

18 AAC 72.957
18 AAC 83.105
18 AAC 83.115
18 AAC 83.155
18 AAC 83.305

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

History

Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184; am 10/23/2008, Register 188