Section 18.83.215. Exceptions to general permit requirement; individual permits.

	(a)  The department may terminate or revoke any discharger's coverage under a general permit, and may require the discharger to apply for and obtain an individual APDES permit. An interested person may petition the department to take action under this paragraph. An individual APDES permit may be required when, for example,  
		(1) the discharger is not in compliance with the conditions of the general APDES or NPDES permit;  
		(2) a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source;  
		(3) effluent limitations guidelines are promulgated for point sources covered by the general APDES permit;  
		(4) a water quality management plan containing requirements applicable to a point source is approved;  
		(5) circumstances have changed so that the discharger is no longer appropriately controlled under the general permit, or the authorized discharge must be either temporarily or permanently reduced or eliminated;  
		(6) the department determines the discharge is a significant contributor of pollutants; in making this determination, the department may consider  
			(A) the location of the discharge with respect to waters of the United States;  
			(B) the size of the discharge;  
			(C) the quantity and nature of the pollutants discharged to waters of the United States; and  
			(D) other relevant factors.  
	(b)  An owner or operator authorized by a general permit may request to be excluded from the coverage of the general permit by applying for an individual permit. The owner or operator shall submit an application, with reasons supporting the request, to the department no later than 90 days after the publication of the general permit in accordance with state law. The provisions of 18 AAC 83.115 and 18 AAC 83.120 apply to an application under this subsection. The department will grant the request by issuing an individual permit if the reasons cited by the owner or operator are adequate to support the request.  
	(c)  When an individual APDES permit is issued to an owner or operator under (b) of this section, the owner or operator's authorization under the general permit automatically terminates on the effective date of the individual permit.  
	(d)  An owner or operator of a facility or activity excluded from a general permit solely because the owner or operator already has an individual permit may request that the discharge from the owner or operator's facility or activity be covered by the general permit. If the department approves coverage under the general permit, the individual permit is revoked.  

Authorities

44.46.020;46.03.010;46.03.020;46.03.050;46.03.100;46.03.110

Notes

Reference

18 AAC 83.210

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