Section 18.83.545. Credits for pollutants in intake water.

	(a)  Except as provided in (b) - (e) of this section, upon request of a discharger, the department will adjust technology-based effluent limitations or standards to reflect credit for pollutants in the discharger's intake water if  
		(1) the applicable effluent limitations and standards contained in 40 C.F.R. Part 401 - 40 C.F.R. Part 471, adopted by reference in 18 AAC 83.010, specifically provide that those limitations and standards must be applied on a net basis; or  
		(2) the discharger demonstrates that the control system it uses or proposes to use to meet applicable technology-based limitations and standards would, if properly installed and operated, meet the limitations and standards in the absence of pollutants in the intake waters.  
	(b)  The department will not grant credit for generic pollutants such as biological oxygen demand or total suspended solids under this section unless the permittee demonstrates that the constituents of the generic measure in the effluent are substantially similar to the constituents of the generic measure in the intake water or unless the department places appropriate additional limits on process water pollutants either at the outfall or elsewhere.  
	(c)  The department will grant credit only to the extent necessary to meet the applicable limitation or standard, up to a maximum value equal to the influent value. The department may require additional monitoring to determine eligibility for credits and compliance with permit limits.  
	(d)  The department will grant credit only if the discharger demonstrates that the intake water is drawn from the same body of water into which the discharge is made. The department may waive this requirement if it finds that environmental degradation will not result from a waiver.  
	(e)  This section does not apply to the discharge of raw water clarifier sludge generated from the treatment of intake water.  

Authorities

44.46.020;46.03.010;46.03.020;46.03.050;46.03.100;46.03.110

Notes

Reference

18 AAC 83.135
18 AAC 83.315
18 AAC 83.360
18 AAC 83.455

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