Section 18.83.210. Administration of general permits.

	(a)  The department may issue a general permit in compliance with this section and the applicable requirements of 18 AAC 83.115 and 18 AAC 83.120, and may modify, revoke and reissue, or terminate a general permit in compliance with 18 AAC 83.130.  
	(b)  Except as provided in (g) and (h) of this section, a discharger that seeks coverage under a general permit shall submit to the department a written notice of intent to be covered by the general permit. A complete and timely notice of intent in compliance with requirements of the general permit fulfills a discharger's duty to apply for a permit. A discharger that fails to submit a notice of intent in compliance with the requirements of the permit is not authorized to discharge under the general permit unless the department  
		(1) determines, as provided in (g) of this section, that a notice of intent is not required for coverage under the general permit; or  
		(2) notifies a discharger, as provided in (h) of this section, that it is covered by a general permit.  
	(c)  A general permit must specify the contents of the notice of intent to be submitted by a discharger that seeks coverage under that general permit. The general permit must require the discharger to submit information necessary for adequate program implementation, including the legal name and address of the owner or operator, the facility's name and address, type of facility or discharges, and the receiving waters. A general permit for storm water discharges associated with industrial activity from inactive mining, inactive oil and gas operations, or inactive landfills occurring on federal lands where an operator cannot be identified may contain alternative notice of intent requirements. A notice of intent for coverage under a general permit for concentrated animal feeding operations must include the information specified in 18 AAC 83.320, including a topographic map.  
	(d)  A notice of intent must be signed in compliance with 18 AAC 83.385.  
	(e)  A general permit must specify the deadline for submitting a notice of intent to be covered and each date when a discharger is authorized to discharge under the permit.  
	(f)  A general permit must specify when a discharger that is eligible for coverage under the permit and has submitted a complete and timely notice of intent in compliance with the general permit, is authorized to discharge under the permit. The permit may allow discharge to begin upon the department's receipt of the notice of intent, after a waiting period specified in the general permit, on a date specified in the general permit, or when the department notifies the discharger that it is covered under the general permit.  
	(g)  If the department finds that a notice of intent requirement is inappropriate, the department may authorize a discharger other than a POTW, a combined sewer overflow, a municipal separate storm sewer system, a primary industrial facility, or a storm water discharge associated with industrial activity, to discharge under a general permit without submitting a notice of intent. If the department does not require a notice of intent under this section, the department will state the reasons for not requiring a notice of intent in the public notice of the general permit. In making a finding that a notice of intent is not required, the department shall consider  
		(1) the type of discharge;  
		(2) the expected nature of the discharge;  
		(3) the potential for toxic and conventional pollutants in the discharge;  
		(4) the expected volume of the discharge;  
		(5) other means of identifying a discharge covered by the permit; and  
		(6) the estimated number of discharges to be covered by the permit.  
	(h)  The department may notify a discharger that it is covered by a general permit, even if the discharger has not submitted a notice of intent to be covered. A discharger that receives notice under this section may request an individual permit under 18 AAC 83.215(b).  

Authorities

44.46.020;46.03.010;46.03.020;46.03.050;46.03.100;46.03.110

Notes

Reference

18 AAC 83.110

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