Section 18.83.115. Draft permit, fact sheet, and applicant review.

	(a)  After receiving a complete application, the department will tentatively decide to issue an APDES permit or to deny the application. If the department tentatively decides to issue an APDES permit, the department will prepare a draft permit. A draft permit must contain the following information:  
		(1) all conditions established under 18 AAC 83.405;  
		(2) all conditions established under 18 AAC 83.425;  
		(3) all monitoring requirements established under 18 AAC 83.455;  
		(4) schedules of compliance established under 18 AAC 83.560;  
		(5) effluent limitations, standards and prohibitions, and conditions under 18 AAC 83.430, 18 AAC 83.510, 18 AAC 83.610, and any variances that are approved.  
	(b)  A fact sheet containing the information required in (c) of this section must accompany the draft permit prepared for  
		(1) a major APDES facility or activity;  
		(2) an APDES general permit;  
		(3) a permit that incorporates a variance or requires an explanation under (c)(9) of this section;  
		(4) a permit that includes a sewage sludge land application plan under 40 C.F.R. 501.15(a)(2)(ix), as revised as of July 1, 2005; and  
		(5) a permit that the department finds is the subject of wide-spread public interest or raises major issues.  
	(c)  A fact sheet must briefly set out the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit and must include, if applicable, the following information:  
		(1) a brief description of the type of facility or activity that is the subject of the draft permit;  
		(2) the type and quantity of wastes, fluids, or pollutants that are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged;  
		(3) a brief summary of the basis for the draft permit conditions, including references to applicable statutes or regulations and appropriate supporting references to the administrative record;  
		(4) reasons for the department's tentative decision on any requested variances or alternatives to required standards;  
		(5) a description of the procedures for reaching a final decision on the draft permit, including  
			(A) the beginning and ending dates of the comment period under 18 AAC 83.120(b) and the address where comments should be submitted;  
			(B) the procedure for requesting a hearing and the nature of that hearing; and  
			(C) any other procedures by which the public may participate in the final decision;  
		(6) the name and telephone number of a person to contact for additional information;  
		(7) the justification for waiver of any application requirements under 18 AAC 83.330;  
		(8) any calculations or other necessary explanation of the derivation of specific effluent limitations and conditions, including a citation to the applicable effluent limitation guideline or performance standard as required by 18 AAC 83.430, and reasons why the effluent limitations and conditions are applicable, or an explanation of how any alternate effluent limitation was developed;  
		(9) if applicable, an explanation of why the draft permit contains the following conditions or waivers:  
			(A) limitations to control toxic pollutants under 18 AAC 83.440;  
			(B) limitations on internal waste streams under 18 AAC 83.550;  
			(C) limitations on indicator pollutants under 40 C.F.R. 125.3(g), adopted by reference in 18 AAC 83.010;  
			(D) limitations established on a case-by-case basis under 40 C.F.R. 125.3(c)(2) or (c)(3), adopted by reference in 18 AAC 83.010, or under 33 U.S.C. 1345(d)(4);  
			(E) limitations to meet the criteria for permit issuance under 18 AAC 83.015(c)(8); or  
			(F) waivers from monitoring requirements granted under 18 AAC 83.430(b);  
		(10) for a draft permit for a treatment works owned by a person other than a state or municipality, an explanation of the department's decision on regulation of users under 18 AAC 83.485;  
		(11) if appropriate, a sketch or detailed description of the location of the discharge or regulated activity described in the application.  
	(d)  The department will send the fact sheet to the applicant and, on request, to any other person.  
	(e)  Before giving public notice of a draft individual APDES permit under AS 46.03.110 and 18 AAC 83.120, the department will provide a copy of the preliminary draft permit and draft fact sheet to the applicant for review. The department will give the applicant at least 10 days, not including the weekend or state holidays, to provide written and oral comments, to propose amendments, or to discuss the preliminary draft permit with the department before the draft permit undergoes public notice and comment under AS 46.03.110 and 18 AAC 83.120. The applicant may by written notice to the department waive the applicant's right to review and comment on the preliminary draft permit and draft fact sheet or agree to a shortened period for that review and comment.  
	(f)  Before giving public notice of a draft general APDES permit under AS 46.03.110 and 18 AAC 83.120, the department will post the preliminary draft general permit on the Alaska Online Public Notice System (AS 44.62.175) for at least 10 days, not including the weekend or state holidays, for potential permittees to provide written and oral comments, to propose amendments, and to discuss the preliminary draft permit with the department before the draft permit undergoes public notice and comment under AS 46.03.110 and 18 AAC 83.120.  

Authorities

44.46.020;46.03.010;46.03.020;46.03.050;46.03.100;46.03.110

Notes

Reference

18 AAC 83.015
18 AAC 83.120
18 AAC 83.130
18 AAC 83.145
18 AAC 83.210
18 AAC 83.215
18 AAC 83.990

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