Section 18.83.110. Permit application process and timing; completeness.

	(a)  Any person required to obtain a permit under the APDES program shall submit to the department a complete application for a permit in compliance with the requirements of this chapter. For an APDES general permit, an application is not required but a notice of intent must be submitted as set out in 18 AAC 83.210(b). A permit application must be signed and certified as required by 18 AAC 83.385.  
	(b)  An applicant must submit an application on one or more department-approved forms appropriate to the number and types of discharges or outfalls at the applicant's facility, as provided in 18 AAC 83.305(a).  
	(c)  A person proposing a new discharge shall submit an application at least 180 days before the date on which the discharge is to commence, unless the department has granted permission to submit the application on a later date. A facility proposing a new discharge of storm water associated with industrial activity shall submit an application 180 days before that facility commences industrial activity that may result in a discharge of storm water associated with that industria1 activity, unless the department has granted permission to submit the application on a later date. A storm water discharge facility described under 40 C.F.R. 122.26(b)(14)(x) or (b)(15)(i), adopted by reference in 18 AAC 83.010, shall submit an application at least 90 days before the date on which construction is to commence, unless otherwise required by the terms of an applicable general permit.  
	(d)  Except for a general permit, the department will not issue an APDES permit before receiving a complete application for the permit. An application for a permit is complete when the permit fee required under 18 AAC 83.905 is paid and the department, in its sole discretion, determines that the application form and any supplemental information are satisfactory. The department shall judge the completeness of any application for a permit independently of any other permit application or permit for the same facility or activity. Within 30 days after receiving an application, the department will notify an applicant if the application is complete for purposes of this section or 18 AAC 83.155(c)(1). Notification that an application is complete does not preclude the department from requiring the applicant to submit additional information for the department's use in processing the application. The department will not consider a permit application to be complete if the department waived application requirements under 18 AAC 83.330(b) and the EPA has disapproved the waiver. If a person required to reapply for a permit submits a waiver request to the EPA more than 210 days before an existing permit expires, and the EPA does not disapprove the waiver request 181 days before the permit expires, the department will consider the permit application to be complete without the information that is the subject of the waiver request.  

Authorities

44.46.020;46.03.010;46.03.020;46.03.050;46.03.100;46.03.110

Notes

Reference

18 AAC 83.155

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