[Federal Register Volume 64, Number 4 (Thursday, January 7, 1999)]
[Notices]
[Pages 1010-1022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-232]
[[Page 1010]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6216-1]
The Pribilof General NPDES Permit (General NPDES Permit No. AK-
G52-7000)
AGENCY: Environmental Protection Agency, Region 10.
ACTION: Notice of Final General NPDES Permit.
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SUMMARY: The Director, Office of Water, EPA Region 10, is issuing
General National Pollutant Discharge Elimination System (NPDES) permit
no. AK-G52-7000 for seafood processors discharging within three
nautical miles (nmi) of the Pribilof Islands, Alaska, and the city of
St. Paul, Pribilof Islands, Alaska, pursuant to the provisions of the
Clean Water Act, 33 U.S.C. 1251 et seq. The Pribilof general NPDES
permit authorizes discharges from seafood processing facilities
discharging through stationary outfalls on St. Paul and St. George
Islands, from the city of St. Paul's wastewater treatment system, and
from mobile seafood processing vessels discharging within the three
nautical miles of the Pribilof Islands.
The seafood processing facilities and mobile vessels are engaged in
the process of fresh and frozen seafoods, including crab, halibut, and
sea snails. Discharges authorized by the final permit include seafood
processing wastes, processing disinfectants for cleanup and sanitation,
treated domestic wastewater, and other wastewaters, including cooling
water, gray water (vessels only), freshwater pressure relief water,
refrigeration condensate, water used to transfer seafood to a facility,
and live tank water. The permit will authorize discharges to waters of
the United States in and contiguous to the State of Alaska within three
nautical miles of the Pribilof Islands.
The permit does not authorize the discharge of processing wastes
and wastewaters from the processing of fish mince or fillets or surimi
or fish paste that is washed repeatedly in water then pressed to remove
residual water, or from the processing of finfish wastes into fish or
bone meal. The permit does not authorize discharges of petroleum
hydrocarbons, toxic pollutants, or other pollutants not specified in
the permit.
The city of St. Paul collects domestic and sanitary wastes and
wastewaters which are treated in a series of septic tanks before
discharge into one of the stationary outfalls. The discharge from the
city's treatment system commingles with seafood wastes when seafood
processing is being done. The Alaska Department of Environmental
Conservation (ADEC) has granted a waiver from secondary treatment
standards to the city of St. Paul for the discharge of domestic
wastewater. This waiver was originally contained in the State's
wastewater permit previously issued to the city of St. Paul. In
accordance with Alaska State Regulations 18 AAC 72.040(c), ADEC may
reduce the level of treatment of domestic wastewater from secondary
standards as defined in 18 AAC 72.990(64). The level of treatment may
not be less than primary treatment as defined in 18 AAC 72.990(52). The
city of St. Paul has a community septic tank that provides primary
treatment of the domestic wastewaters. This reduced level of treatment
will not impact the overall health of the Bering Sea as a water body
and is in conformance with the States antidegradation policy.
The Pribilof Islands contain several areas of special concern,
including designated rookeries and critical habitat of the Steller sea
lion which is an endangered species; lands owned and managed by the
U.S. Fish and Wildlife Service (USFWS) for the protection of birds and
bird-nesting areas, land owned and managed by the National Marine
Fisheries Service (NMFS) for the protection of the northern fur seals,
and portions of the Alaska Maritime National Wildlife Refuge, Bering
Sea Unit. In order to protect these areas of special concern, the
permit does not authorize discharges year-round within three nautical
miles of Walrus Island, a Steller sea lion rookery; within one-half
nautical mile of designated Steller sea lion haulouts areas year-round
(Seal Lion Rock and Northeast Point on St. Paul and Dalnoi Point and
South Rookery on St. George); within one-half nautical mile of
rookeries and haulout areas of the northern fur seal during the period
between May 1 through December 1; and within one-half nautical mile of
seabird nesting areas during the period between May 1 and December 1;
and within one-half nautical mile of the Alaska Maritime National
Wildlife Refuge, Bering Sea Unit.
The EPA has determined that, on the basis of available information,
there will be no unreasonable degradation during the five year period
the permit is in effect. Facilities authorized to discharge under this
final permit will participate in the data collection and monitoring
program and will be required to comply with all conditions of the
permit. Permittees will initiate and implement a best management
practices and pollution prevention plan, conduct integrity inspections
of the stationary outfalls, perform shoreline and receiving water
observations for floating solids, and initiate a biological monitoring
program to determine if the seabirds and marine mammals interact with
the discharge plumes or are attracted to wastes washed up on the
shoreline (if any).
Notice of the draft Pribilof seafood processors general NPDES
permit was published October 2, 1998, in the Federal Register (63 FR
53055) and the Anchorage Daily News.
The final permit is printed below and establishes effluent
limitations, standards, prohibitions, monitoring requirements and other
conditions on discharges from seafood processors and the city of St.
Paul's domestic wastewater treatment system. The conditions are based
on material contained in the administrative record, including an ocean
discharge criteria evaluation, an environmental assessment, a finding
of no significant impact, and a biological evaluation of potential
effects on threatened and endangered species. Changes made in response
to public comments are addressed in full in a document entitled
``Responses to Public Comments on the Proposed Issuance of the Pribilof
General NPDES Permit.'' This document is being sent to all commenters,
current permittees, and applicants and is available to other parties
from the address below upon request.
ADDRESSES: Unless otherwise noted in the permit, correspondence
regarding this permit should be sent to Environmental Protection
Agency, Region 10, NPDES Compliance Unit OW-133, 1200 Sixth Avenue,
Seattle, Washington 98101.
FOR FURTHER INFORMATION CONTACT: Florence Carroll of EPA Region 10 at
the address listed above or telephone (206) 553-1760. Copies of the
final Pribilof General NPDES Permit and Response to Comments will be
provided upon request to Florence Carroll.
SUPPLEMENTARY INFORMATION: The EPA issues this Pribilof general NPDES
permit pursuant to its authority under sections 301(b), 304, 306, 307,
308, 401, 403 and 501 of the Clean Water Act. The fact sheet for the
draft permit, the response to comments document, the ocean discharge
criteria evaluation, the biological evaluation, the environmental
assess, the 401 certification issued by the State of Alaska, and the
coastal zone management plan consistency determination issued by the
State of Alaska set forth the principal facts and the significant
factual, legal, and policy questions considered in the development of
the terms and
[[Page 1011]]
conditions of the final permit presented below.
The State of Alaska, Department of Environmental Conservation, has
issues a Certificate of Reasonable Assurance that the subject
discharges comply with the Alaska State Water Quality Standards.
The State of Alaska, Office of Management and Budget, Division of
Governmental Coordination, has certified that the Pribilof general
NPDES permit is consistent with the approved Alaska Coastal Management
Program.
Changes have been made from draft permit to the final permit in
response to public comments received on the draft permit and the final
coastal management plan consistency determination from the State of
Alaska.
The following identifies several specific areas of change, among
others, which have been embodied in the final permit: references to
accumulations of seafood wastes at the end of the outfalls have been
clarified by using absolute language rather than subject and ambiguous
words such as appreciable; monitoring for conventional pollutants has
been changed to require at least two samples and a maximum of four
samples at two week intervals during the winter crab processing season;
all permittees authorized under the Permit must participate in the
discharge monitoring program; and mobile vessels are not allowed to
discharge any wastewaters nor refuel if transit in the exclusion zone
is necessary due to conditions that threaten the safety of the vessel.
APPEAL OF PERMIT: Within 120 days following this service of notice
of EPA's final permit decision under 40 CFR 124.15, any interested
person may appeal the Pribilof general NPDES in the Federal Court of
Appeals in accordance with section 509(b)(1) of the Clean Water Act.
Persons affected by a general NPDES permit may not challenge the
conditions of the permit as a right of further EPA proceedings.
Instead, they may either challenge this permit in court or apply for an
individual NPDES permit and then request a formal hearing on the
issuance or denial of an individual permit.
Dated: December 23, 1998.
Roger Mochnik,
Assistant Director, Office of Water, Region 10, Environmental
Protection Agency.
Authorization to Discharge Under the National Pollutant Discharge
Elimination System for Seafood Processors and the City of St Paul
[Pribilof General Permit No. AK-52-7000]
In compliance with the provisions of the Clean Water Act, 33 U.S.C.
Sec. 1251 et seq., (hereafter, CWA or the Act), the owners and
operators of seafood processing facilities and vessels are authorized
to discharge seafood processing wastes and other designated wastewaters
and the City of St. Paul is authorized to discharge treated domestic
wastewater within three nautical miles of St. Paul and St. George
Islands to receiving waters of the United States named the Bering Sea,
in accordance with effluent limitations, monitoring requirements, and
other conditions set forth herein.
Upon the effective date of this Permit, it is the controlling
document for regulation of seafood processing wastes and other
designated wastewaters and of treated domestic wastewater from the city
of St. Paul discharged to the Bering Sea, within three nautical miles
of the Pribilof Islands, Alaska.
A copy of this Pribilof General Permit must be kept at the facility
or on-board the vessel where discharges occur.
Each permittee authorized to discharge under this Permit must
submit a new Notice of Intent 60 days prior to the expiration date of
the Permit.
This Permit becomes effective February 8, 1999.
This Permit and the authorization to discharge shall expire at
midnight on unless administratively extended according to 40 CFR 122.6
February 8, 2004.
Signed this 23rd day of December, 1998.
Roger Mochnik,
Acting Director, Office of Water, Region 10, Environmental Protection
Agency.
Table of Contents
Cover Page
1 Authorized Facilities, Authorized Discharges, and Unauthorized
Discharges
1.1 Authorized Facilities
1.2 Authorized Discharges
1.3 Nonauthorized Discharges
2 Excluded Areas
2.1 Marine Mammals
2.2 Seabirds
3 Application to be Covered Under This General NPDES Permit
3.1 Submittal of a Notice of Intent
3.2 Information to be Submitted in the Notice of Intent
4 Effluent Requirements
4.1 Seafood Wastes and Wastewater Limitations
4.2 Domestic Wastewater
4.3 Other Seafood Processing Wastewaters
4.4 State Water Quality Standards
4.5 Vessel Wastes
4.6 Discharge Pipe Location and Condition
5 Monitoring
5.1 Outfalls
5.2 Seafloor Monitoring
5.3 Sea Surface and Shoreline Monitoring
5.4 Discharge Effluent Monitoring
5.5 Biological Monitoring
6 Special Conditions and Requirements
6.1 Discharges from Mobile Vessels
6.2 Discharges from Stationary Outfalls
6.3 Ocean Disposal
6.4 Pollution Prevention and Best Management Practices for
Seafood Processors
7 Monthly Reporting Requirements for Seafood Processing Facilities
and Vessels
7.1 Schedule
7.2 No Processing
7.3 Facility Reporting
7.4 Signatory Requirement
7.5 Submittal
7.6 Paperwork Reduction Act
8 Requirements for the City of St. Paul Wastewater Treatment System
8.1 Discharge Limitations
8.2 Septic Tank System
8.3 Effluent Monitoring
8.4 Waiver from Secondary Treatment
8.5 City of St. Paul Pollution Prevention Program
9 General Monitoring and Records Requirements
9.1 General Monitoring
9.2 Records Requirements
10 Non-Compliance Reporting Requirements
10.1 Twenty-four Hour Notice of Noncompliance
10.2 Written Notice
10.3 Other Noncompliance Reporting
10.4 Planned Changes
10.5 Notice of New Introduction of Pollutants
10.6 Anticipated Noncompliance
11 General Compliance Responsibilities
11.1 Duty to comply
11.2 Penalties for violations of permit conditions
11.3 Need to Halt or Reduce Activity Not a Defense
11.4 Duty to Mitigate
11.5 Proper Operation and Maintenance
11.6 Bypass of treatment facilities
11.7 Upset conditions
11.8 Toxic Pollutants
12 General Provisions
12.1 Permit Actions
12.2 Duty to Reapply
12.3 Duty to Provide Information
12.4 Other Information
12.5 Signatory Requirements
12.6 Availability of Reports
12.7 Inspection and Entry
12.8 Oil and Hazardous Substance Liability
[[Page 1012]]
12.9 Property Rights
12.10 Severability
12.11 Transfers
12.12 State Laws
13 Definitions and Acronyms
1 Authorized Facilities, Authorized Discharges, and Unauthorized
Discharges
1.1 Authorized Facilities
Upon receipt and approval of a complete and timely Notice of Intent
(NOI) to be Covered, the following facilities are authorized to
discharge under this Permit:
1.1.1 Shorebased. Owners and operators of seafood processing
facilities discharging through stationary outfalls on St. Paul and on
St. George, provided dischargers comply with all requirements and
applicable conditions of this Permit.
1.1.2 Vessels. Owners and operators of mobile seafood processing
vessels discharging within three nautical miles of St. Paul and St.
George Islands, provided the dischargers comply with all requirements
and applicable conditions of this Permit.
1.1.3 City of St. Paul. The city's treated domestic wastewater
discharging through a stationary outfall at East Landing, provided the
city complies with all requirements and applicable conditions of this
Permit.
1.2 Authorized Discharges
This Permit authorizes the discharge of the following pollutants
subject to the limitations and conditions set forth herein.
1.2.1 Seafood Processing Wastes. Seafood processing wastes,
including the waste fluids, organs, flesh, bones, and chitinous shells
produced by the conversion of aquatic animals from a raw form to a
marketable form, are required to be ground to no larger than 0.5 inches
in any dimension prior to discharge.
(a) Seafood wastes from the processing of crab (all species), sea
snails, and halibut will be authorized year-round based on the amount
projected in an NOI.
(b) Seafood wastes from the processing of finfish, such as salmon,
may be authorized based on when the processing is to be done, what
amount of waste is to be generated, and where the discharge will be,
provided that the finished product is not fillets or mince or surimi
and/or fish paste.
1.2.2 Process Disinfectants. Disinfectants added to wash down
water and scrubber water to facilitate the removal of wastes and to
maintain sanitary standards during processing or to sanitize seafood
processing areas.
1.2.3 Treated Domestic Wastewater. Domestic wastewater (consisting
of human body wastes from toilets and urinals) and gray water
(consisting of shower, bath, laundry, galley wastewater) treated by the
St. Paul municipal septic system and the bunkhouse/galley package
treatment plant on St. George. Discharges from certified and operable
Type I and Type II Marine Sanitation Devices.
1.2.4 Non-process Wastewater. Non-process wastewaters, including
non-contact cooling water, freshwater pressure relief water,
refrigeration condensate, water used to transfer seafood to the
facility, live tank water, and gray water (wastewater discharged from
showers, sinks, safety showers, eyewash stations, hand-wash stations,
galleys, laundries).
1.3 Non-authorized Discharges
1.3.1 Finfish Processing Wastes. Discharge of wastes and
wastewaters from the production of surimi and/or fish paste products
that are washed repeatedly in water then pressed to remove residual
waste; from the processing of fillets and/or mince from pollock, cod,
or any type of finfish; or the processing of seafood wastes into fish
or bone meal are not authorized under this Permit.
1.3.2 Marine Sanitation Devices. Discharges from malfunctioning or
undersized marine sanitation devices (MSDs) are not authorized under
this Permit. No discharge of raw sewage is allowed within U.S.
territorial waters (within the three mile limit).
1.3.3 Other. Wastes and pollutants not specifically set out above.
2 Excluded Areas
This Permit does not authorize the discharge of pollutants to areas
of concern (i.e., rookeries, haulout areas, nesting areas, and
designated critical habitat) for marine mammals, seabirds, and refuges
in the following circumstances and areas:
2.1 Marine Mammals
2.1.1 Steller Sea Lion Rookery. Within three nautical miles of
Walrus Island year-round, a designated rookery and critical habitat of
the Steller sea lion.
2.1.2 Steller Sea Lion Haulouts. Within one-half nautical mile of
designated Steller sea lion haulout areas year-round (Sea Lion Rock and
Northeast Point on St. Paul and Dalnoi Point and South Rookery on St.
George).
2.1.3 Northern Fur Seal Rookeries and Haulouts. Within one-half
nautical mile of land owned and/or managed by the National Marine
Fisheries Service (NMFS) for the protection of northern fur seal
rookeries and haulout areas during the period May 1 through December 1.
2.2 Seabirds
2.2.1 Seabirds. Within one-half nautical mile of land owned and/or
managed by the U.S. Fish and Wildlife Service (USFWS) for the
protection of seabirds and seabird nesting areas during the period May
1 through September 30.
2.2.2 National Wildlife Refuge. Within one-half nautical mile of
the Alaska Maritime National Wildlife Refuge, Bering Sea Unit.
3 Application To Be Covered Under This General NPDES Permit
In order to be authorized under this Permit to discharge any of the
pollutants listed in section 1.2 to waters within three nmi of the
Pribilof Islands, all operators and owners must apply for coverage.
This Permit does not authorize any discharges from facilities that have
not applied for nor received authorization to discharge within three
nmi of the Pribilof Islands.
3.1 Submittal of a Notice of Intent
An applicant wishing authorization to discharge under this Permit
shall submit a timely and complete Notice of Intent (NOI) to EPA and
ADEC in accordance with the requirements listed below. A qualified
applicant will be authorized to discharge under this Permit upon
written notification from EPA and the returned receipt of the signed
U.S. Postal Service Certified Mail card. EPA's written notification
will include assignment of an NPDES permit number designating coverage
under the Pribilof General Permit.
In compliance with the Paperwork Reduction Act, 44 U.S.C. 1501 et
seq., the Office of Management and Budget has approved the information
required in a Notice of Intent to be equivalent to an NPDES permit
application (OMB 2040-008).
3.1.1 Timely NOI. In order to be covered under this Permit, all
applicants (including permittees authorized under the previous permit)
must submit an NOI no later than 30 days after the issuance date of
this Permit or 60 days prior to the start-up of processing operations
within three nmi of the Pribilof Islands.
3.1.2 NOI Update. A permittee authorized to discharge under this
Permit shall submit to EPA and ADEC an updated NOI when there is any
material change in the information submitted in the original NOI
including a proposed increase in the amount of
[[Page 1013]]
production, additional species of seafood to be processed, and
additional types of finished product. Dischargers of treated domestic
wastewater must submit an updated NOI if there is any change in the
loading or addition of pollutants discharged. Any changes to the
original NOI requires a 60 day prior notice period to EPA and ADEC.
After consultation with ADEC, EPA will notify the applicant of approval
or disapproval.
3.1.4 Individual Permit Requirement. EPA may require any
discharger applying for coverage under this general NPDES permit to
apply for and obtain an individual NPDES permit in accordance with the
40 CFR 122.28(b)(3).
3.1.5 Expiration of the Permit. Each permittee authorized to
discharge under this Permit must submit a new Notice of Intent 60 days
prior to the expiration date of this Permit.
3.1.6 Submittal. An applicant shall submit the NOI to:
U.S. Environmental Protection Agency Region 10,
NPDES Compliance Unit OW-133, 1200 Sixth Avenue,
Seattle, Washington 98101
and
Alaska Department of Environmental Conservation,
Attn: Watershed Management Section, 555 Cordova Street,
Anchorage, Alaska 99501
3.2 Information to be Submitted in the Notice of Intent
3.2.1 Previous NPDES Number. The NOI shall include any previous
NPDES number(s) and/or state wastewater permit number(s) assigned to
the facility or vessel and the ADEC seafood processor license number.
3.2.2 Owner Information. The NOI shall include the name and the
complete address and telephone number of the owner of the facility or
vessel and the name of the duly authorized representative. If a FAX
machine is available at this address, it is useful to provide a FAX
number.
3.2.3 Managing Company. The NOI shall include the name and the
complete address and telephone number of the managing company of the
facility or vessel and the name of the duly authorized representative.
If a FAX machine is available at this address, it is useful to provide
a FAX number.
3.2.4 Facility or Vessel Information. The NOI shall include the
name, address, and telephone number of the facility or vessel. If a FAX
machine is available at this address, it is useful to provide a FAX
number.
(a) For a shorebased facility, the NOI shall include a description
of the physical location of the facility, the location of the outfall
terminus using the Global Positioning System (GPS) (latitude/
longitude), depth of the outfall, the length of the outfall from
shoreline to terminus, and type of grinder; also date of the most
recent structural integrity inspection of the outfall and the date of
the most recent inspection of grinding size.
(b) For a mobile processing vessel, the NOI shall include the U.S.
Coast Guard (USCG) vessel number, vessel length, depth of outfall, and
date of most recent pre-operational check.
(c) For seafood processors, the NOI shall include and estimate of
the number of seasonal and annual employees of the facility or on the
vessel.
(d) For the City of St. Paul and all other domestic wastewater
dischargers, the NOI shall include a description of the treatment
provided, the amount of people contributing to the system, and the
design flow. For MSDs, the NOI shall include when the system was
installed, type of system and its capacity in gallons per day, the
results of the testing for fecal coliform bacteria and total suspended
solids, and when most recent certification was granted.
3.2.5. Projected Production for Seafood Processing. The NOI shall
include projected production data based upon historical operations and
design capacity on a daily and annual basis. Production data includes
the quantity of the raw product(s) by species and the maximum quantity
of each raw product which can be processed in a 24-hour day. The NOI
shall also include the projected number of operating days per month for
the facility or vessel under this Permit.
3.2.6 Discharge Information. The NOI shall include the following
information concerning domestic wastewater and MSD discharges from the
facility or vessel.
(a) When the USCG approved MSD was installed, type, capacity (gals/
day), number of people on vessel, date of CG certification, and the
results of total suspended solids and fecal coliform testing when
certified; and whether connected to a municipal system or some other
means of treatment of domestic wastewater.
(b) What types and amounts of process disinfectants, cooling water,
boiler water, cooking water, refrigeration condensate, transfer water,
gray water, live tank water, and freshwater pressure relief water.
3.2.7 Signatory Requirement. All NOIs shall be signed by a
principal corporate officer or duly appointed representative in
accordance with section 12.5.
4 Effluent Requirements
4.1 Seafood Wastes and Wastewater Limitations 4.1.1 Amount of
Seafood Waste Discharged. The volume in pounds of seafood processing
wastes discharged on a daily or annual basis shall not exceed the
amount projected in the Notice of Intent to be Covered under this
Permit.
4.1.2 Treatment and Limitation of Seafood Wastes. All seafood
process wastes shall be routed through a waste-handling system which
prevents the discharge of waste solids no larger than 0.5 inch in any
dimension.
(a) Incidental discharges from scuppers or floor drains must be
routed through the waste-handling system or screened to no larger than
0.5 inch in any dimension.
(b) Each permittee shall conduct a daily visual inspection of the
waste-handling system, including a close observation of the sump or
other place of observation for, and removal of, gloves, earplugs,
rubber bands, or other equipment used in processing seafood that may
inadvertently be discharged through the outfall. Discharge of such
items is prohibited. Logs of this daily inspection are to be kept at
the facility or on-board the vessel. Summaries of any equipment found
and removed shall be submitted with the monthly report.
(c) Each permittee shall conduct an inspection of the waste-
handling system every two weeks during the processing season to confirm
that the grinder(s) are grinding the seafood wastes to no larger than
0.5 inch in any dimension. Each permittee shall report the date of the
most recent inspection on the monthly report.
(d) There shall be no discharge of oil and grease that causes a
film, sheen, or discoloration on the surface of the water or adjoining
shorelines.
(e) No wastes shall accumulate on the shoreline nor float on the
receiving water surface.
4.2 Domestic Wastewater
All domestic wastewater shall be routed through a domestic
wastewater treatment system.
4.2.1 Shorebased septic system or other wastewater treatment
system. The treatment system must be designed and capable of properly
treating and handling the type and volume of domestic wastewater
generated.
4.2.2 Marine Sanitation Devices. On-board a USCG-licensed vessel
all sewage wastes must be routed through a MSD system that meets the
applicable Coast Guard pollution control standards then
[[Page 1014]]
in effect (33 CFR part 159: ``Marine sanitation devices'') and
discharged in accordance with Coast Guard regulations. Malfunctioning
or undersized systems are prohibited.
4.3 Other Seafood Processing Wastewaters
There shall be no discharge of any other wastewaters that contain
foam, floating solids, grease, or oily wastes which causes a film,
sheen, or discoloration on the water surface, and no discharge of
seafood wastes that are deposited on the shoreline or accumulate on the
seafloor. Wastewaters that have not had contact with seafood processing
wastes are not required to be discharged through the seafood processing
waste-handling system. However, all discharges of transfer water,
refrigerated sea water, and live tank water shall be discharged below
the surface of any receiving waters.
4.4 State Water Quality Standards
All discharges shall be in compliance with Alaska Water Quality
Standards (18 ACC part 70).
4.5 Vessel Wastes
Vessels must comply with the requirements outlined in 33 CFR part
151 (``Vessels carrying oil, noxious liquid substances, garbage,
municipal or commercial wastes, and ballast water'').
4.6 Discharge Pipe Location and Condition
4.6.1 Stationary Outfalls. Facilities or vessels shall discharge
seafood processing wastes through stationary outfalls that are at least
fifteen feet below the sea surface at MLLW. The stationary outfalls on
St. Paul and St. George shall be inspected for structural integrity, to
verify the location relative to original placement, and to verify that
there is no accumulation of any seafood processing wastes at the end of
the outfall(s). This inspection shall be conducted in years two and
four of the Permit within 60 days of the close of the winter crab
processing season.
Each permittee shall submit a letter certifying the absence or
presence of any seafood processing wastes at the end of the outfalls
within 30 days of the inspection in years two and four of the Permit.
The letter shall meet the signatory requirements in accordance with
section 12.5.
4.6.2 Mobile Vessels. Mobile vessels shall discharge seafood
processing wastes at least three feet below the sea surface at MLLW
(except for mobile vessels that have through-the-hull discharge
points). Permittees shall perform a pre-operational check of the
outfall lines at the beginning of each processing season to ensure that
it is not broken and extends to at least three feet below the sea
surface; the date of the check shall be reported on the appropriate
monthly report.
4.6.3 Outfall Problems. There shall be no discharge if the outfall
line is severed, fails, leaks, or is displaced from designed
specifications or location.
5 Monitoring
5.1 Outfalls
5.1.1 Stationary Outfalls. Shorebased facilities on St. Paul and
St. George will be required to conduct an inspection of the condition
and integrity of the outfall lines during the second and fourth years
of the Permit. While making these inspections, the divers will make
note of any seafood processing waste accumulations observed on the
seafloor during the inspection. Permittees must report any
accumulations to EPA and ADEC (see at section 4.6.1) who may require a
more extensive seafloor survey as outlined at section 5.2.
5.1.2 Vessels. Mobile vessels will not be required to conduct a
seafloor survey unless violations of this Permit occur or new
information leads EPA and ADEC to determine that seafloor surveys (as
outlined at section 5.2) are necessary.
5.2 Seafloor Monitoring
5.2.1 Purpose. The seafloor monitoring program is to determine
compliance with the Alaska water quality standards for settleable
residues in marine waters. Alaska Administrative Code (AAC) Part
18.70.020 states that ``(settleable residues) shall not * * * cause a
sludge, solids, or emulsion to be deposited * * * on the bottom.''
5.2.2 Objective. The seafloor monitoring program shall determine
the areal extent (in square feet) of any continuous deposit of sludge,
solids, or emulsion from seafood processing wastes on the seafloor
bottom (see at section 4.6.1 for requirements concerning the outfall
survey).
5.2.3 Applicability. If any accumulations of seafood wastes are
found at the end of the outfalls either on St. Paul or St. George, the
seafood processing permittees discharging through that particular
stationary outfall shall participate in a seafloor survey.
5.2.4 Method. If a seafloor survey is required by EPA and/or ADEC,
the survey shall include the following elements:
(a) Areal extent in square feet of any accumulation of seafood
wastes;
(b) Description of the size of particles making up the waste pile,
the percentage of particles exceeding 0.5 inch in any dimension, and
kind of wastes;
(c) Description of the methodology used by the surveyor including
transects and location devices;
(d) Description of marine fauna and flora near the survey area;
(e) Dates, time, tidal movements, weather conditions, name and
signature of surveyor, name of company, the name of the mobile vessel,
if applicable, and NPDES permit number(s); and
(f) Video and/or other photographic documentation of any findings.
5.2.5 Schedule. A seafloor survey as described above will only be
required if during surveys of the structural integrity of the
stationary outfalls, there is evidence of any accumulation of seafood
wastes. The seafood processors discharging through the stationary
outfalls will be required to conduct the survey as soon as possible
with consideration for local weather and sea conditions.
5.2.6 Submittal. Results of the seafloor survey shall be submitted
to EPA and ADEC within 45 days following the completion of the survey.
The report shall be signed by the diver and the appropriate company
representative. The report shall be submitted to the addresses at
section 3.1.6.
5.3 Sea Surface and Shoreline Monitoring
5.3.1 Purpose. The sea surface and shoreline monitoring program is
to determine compliance with the Alaska water quality standards for
floating residues in marine waters. Alaska Administrative Code Part
18--70.020 states that ``(floating solids, debris, foam and scum) shall
not * * * cause a film, sheen, or discoloration on the surface of the
water * * * or cause a sludge, solid or emulsion to be deposited * * *
upon adjoining shorelines.
5.3.2 Objective. The sea surface and shoreline monitoring program
is to provide daily assessment during periods of operation and
discharge: For the sea surface monitoring an estimate of the areal
extent of continuous films, sheens, or mats of foam; for the shoreline
an estimate of the areal extent of deposits of seafood waste solids on
the adjacent shore.
5.3.3 Applicability. All seafood processing permittees covered
under this Permit shall participate in a sea surface and shoreline
monitoring program during all periods of operation and discharge.
(a) Shorebased facilities shall include the harbor areas that are
adjacent to their facilities as well as observations of
[[Page 1015]]
the shorelines nearest to outfall locations.
(b) Mobile vessels shall conduct sea surface monitoring around and
adjacent to their individual vessels.
(c) Shorebased facilities and mobile vessels may participate in a
joint survey of appropriate shoreline areas adjacent to where mobile
vessels are anchored.
5.3.4 Method. This monitoring program shall include a description
of the observation method and equipment used, the name of the surveyor,
and where the observations were done. The observation shall include the
date and time, an estimate of the area of scum, sheen, film, or foam on
the sea surface, and/or the area of sludge, solids, emulsion, or scum
deposited on the shoreline. Also any observation of marine mammals and/
or seabirds, if any, interacting with the seafood wastes shall be
reported. Photographs, video, or other visual documentation are
required.
5.3.5 Submittal. The presence of wastes on the shoreline shall be
reported by telephone as required at section 10. A written report shall
be submitted to EPA and ADEC with the monthly report to the addresses
at section 3.1.6.
5.3.6 Waiver. Individual monitoring days may be waived upon
notification by FAX to EPA and ADEC (see at section 6.1.3) when
conditions (e.g., weather or sea conditions) which make this monitoring
hazardous to human health and safety.
5.4 Discharge Monitoring
5.4.1 Purpose. The discharge monitoring program is to assess the
impact of the discharges from seafood waste and wastewater and treated
domestic wastewater on the receiving water quality, sediment, benthic,
and biological environment.
5.4.2 Objective. The discharge monitoring program is to provide
assessment and characterization of the discharges from shorebased
facilities, including domestic wastewater treatment facilities, and
from mobile vessels.
5.4.3 Applicability. All permittees authorized to discharge under
this Permit shall participate in the discharge monitoring program.
The discharge monitoring program for permittees covered under this
Permit may be satisfied by arranging to participate in a joint effort
with other permittees.
5.4.4 Methods. The discharge monitoring program shall include the
following requirements:
(a) Effluent samples shall be taken after grinding of the seafood
processing wastes and before any commingling with any other waste
stream.
(b) Treated domestic wastewater discharges from the City of St.
Paul, the bunkhouse/galley at St. George, or any other treated domestic
wastewater discharge shall be sampled prior to any commingling with
other waste streams.
(c) All permittees shall submit a Quality Assurance Plan (QAP) for
effluent sampling to EPA for approval. This approval will be in effect
for the period of the Permit unless there is a change in the monitoring
program. Permittees required to participate in the 2001 sediment
chemistry study on St. Paul shall submit a QAP.
(d) Sampling and analysis of all parameters shall be in accordance
with the requirements at section 9.1. Samples to be taken shall be grab
samples. Flow measurements may be estimated provided the permittee
explains the basis for the estimated amounts. EPA Method 1664 for oil
and grease has been approved as an alternative test procedure for
Region 10.
5.4.5 Monitoring Parameters. The following parameters are to be
sampled for effluent, water quality, sediment chemistry, and benthic
community monitoring.
(a) Shorebased facilities and mobile vessels shall conduct sampling
of the effluent for the following:
Conventional pollutants:
Biochemical Oxygen Demand (five pH.
day).
Chemical Oxygen Demand............. Oil and Grease.
Total Suspended Solids............. Total residual chlorine.
Total Phosphorous.................. Flow.
Ammonia-N.......................... Total Organic Carbon.
Temperature
Other pollutants:
Metals, including Mercury
Volatile Organic Compounds
(b) The city of St. Paul, the bunkhouse/galley on St. George, or
any other domestic wastewater discharge (other than MSDs), shall
conduct sampling of the effluent for the following:
Conventional pollutants:
Biochemical Oxygen Demand (five Fecal Coliform Bacteria.
day).
Total Suspended Solids............. pH.
Oil and Grease..................... Flow.
Total Phosphorous.................. Ammonia-N.
Chemical Oxygen Demand............. Total Organic Carbon.
Temperature
Other pollutants:
Metals, including Mercury
Volatile Organic Compounds
If there is a significant change in the effluent from any tested
source that causes concern and/or there are any accumulations on the
seafloor, EPA and ADEC may determine that additional sampling and
testing is necessary to protect the marine environment. The additional
sampling may include a seafloor survey (see at section 5.2), water
quality, sediment chemistry, and/or benthic community monitoring as
follows:
(c) Water quality sampling:
Dissolved Oxygen................... Salinity.
Oil and Grease..................... Temperature.
Total Phosphorus................... Ammonia.
Nitrate/Nitrite.................... Total Organic Carbon.
Biochemical Oxygen Demand (five- Total Suspended Solids.
day).
Settleable Solids.................. Total Kjeldahl Nitrogen.
Ortho-phosphate.................... pH.
(d) Sediment chemistry sampling for conventional pollutants and
chemicals of concern
Particle Size...................... Chemical Oxygen Demand.
Total Organic Carbon............... Total Nitrogen.
Total Solids....................... Total Volatile Solids.
Petroleum Oil Hydrocarbons......... Total Sulfides.
Biochemical Oxygen Demand (five- E. Coli.
day).
Fecal Coliform Bacteria............ Selected Metals (cadmium, copper,
zinc, silver).
(e) Benthic community sampling
Number of Individuals.............. Number of Species.
Dominance.......................... Infaunal index.
Abundances of Pollution-sensitive
Species
Abundance of Opportunistic and
Pollution-tolerate species
5.4.6 Location. The locations for discharge monitoring sampling
shall be as follows:
(a) Water quality samples shall be taken at St. Paul at (1) four
fixed monitoring stations in the vicinity of the stationary outfalls,
two approximately 100 meters from point of discharge following the
plume (to the south-southwest), one approximately 300 meters from the
point of discharge, one approximately 500 meters from the point of
discharge; (2) two fixed monitoring stations approximately 0.5
[[Page 1016]]
mile off-shore on the south side area of St. Paul, one near English Bay
and one near Zolotoi Bay/Village Cove); and (3) three fixed monitoring
stations approximately 0.5 miles off-shore on the East Side/East
Landing area of St. Paul, one near Sea Lion Rock, one adjacent to
Lukanin Point, and one adjacent to Stony Point (control site).
(b) Water quality samples shall be taken at St. George at four
fixed monitoring stations in the vicinity of the stationary outfall,
two approximately 100 meters from point of discharge following the
plume (to the north-northwest), one approximately 300 meters from point
of discharge and one approximately 500 meters from point of discharge;
a control site station shall be approximately 500 meters to the south
of the discharge point.
(c) Sediment chemistry samples shall be taken in conjunction with
the seafloor survey along the transects determined by where mobile
vessels operated during the previous processing seasons. Stationary
outfall locations shall follow the same protocols as the summer 1997
monitoring study.
(d) Benthic community samples shall be also taken in conjunction
with the seafloor survey transects for both vessels and stationary
outfalls.
(e) Sediment chemistry samples for the summer of 2001 study shall
be taken from the area immediately adjacent to the St. Paul stationary
outfalls and at one control site.
5.4.7 Schedule. During the effective period of the Permit all
permittees authorized to discharge seafood processing wastes and/or
treated domestic wastewater through the stationary outfalls on St. Paul
or St. George and from mobile vessels shall be required to participate
in the discharge monitoring program according to the following
schedule:
(a) Shorebased processing facilities shall sample conventional
pollutants (see at section 5.4.5(a)) no more than four times but not
less than two times during each winter crab processing season with the
first sampling to be done two weeks after the beginning of the
processing season and continuing at two week intervals until the end of
the processing season. One of the samples may be taken during a cleanup
period.
Shorebased processing facilities operating during the spring,
summer, or fall shall sample conventional pollutants during the third
year (2001) of the Permit in each waste stream discharge from the
processing of different species, i.e., halibut, sea snails, and any
other type of seafood.
Metals, including Mercury, and Volatile Organic Compounds shall be
sampled one time during the winter crab season in the third year (2001)
of the Permit.
(b) Mobile processing vessels discharging within three nmi of the
Pribilof Islands shall sample conventional pollutants (see at section
5.4.5(a)) no more than four times but not less than two times during
each winter crab processing season with the first sampling to be done
two weeks after the beginning of the processing season and continuing
at two week intervals until the end of the processing season. One of
the samples may be taken during a cleanup period.
Metals, including Mercury, and Volatile Organic Compounds shall be
sampled one time during the winter crab season in the third year (2001)
of the Permit.
(c) The city of St. Paul shall sample the discharge at the East
Landing manhole for conventional pollutants and volatile organic
compounds (see at section 5.4.5(b)) each February and May and at least
four times between August 1 and September 30 during each year of the
Permit.
Metals, including Mercury, shall be sampled in February 2001 (see
other specific requirements at section 8.3.3).
The city may participate in the sampling program with the seafood
processing facilities.
(d) The bunkhouse/galley on St. George or any other treated
domestic wastewater discharge (other than MSDs) shall be sampled for
conventional pollutants (see at section 5.4.5(b)) one time during each
winter crab processing season.
Metals, including Mercury, and Volatile Organic Compounds shall be
sampled one time during the winter crab season in the third year (2001)
of the Permit.
(e) The city of St. Paul and the seafood processors discharging
through the stationary outfalls on St. Paul shall conduct a sediment
chemistry study during the summer of the third year (2001) of the
Permit in the area immediately adjacent to the stationary outfalls and
at one control site. The results of the study shall be submitted by
October 31, 2001.
(f) All permittees shall submit a Quality Assurance Plan (QAP) for
effluent monitoring to EPA for approval within 30 days of issuance of
this Permit, and prior to any sampling. The city of St. Paul and the
processors discharging through the stationary outfalls on St. Paul
shall submit a QAP for the year 2001 sediment chemistry study by April
30, 2001.
(g) Results of all winter monitoring of conventional pollutants
and/or volatile organic compounds shall be submitted within 30 days of
being analyzed. The results of the third year winter monitoring program
(conventional pollutants, volatile organic compounds, and metals) shall
be submitted within 30 days of being analyzed. The results of the
summer monitoring program conducted by the shorebased seafood
processors in the third year of the Permit (2001) shall be submitted by
October 31, 2001.
5.4.8 Waiver. Effluent sampling may be temporarily waived upon
notification by telephone or FAX to EPA and ADEC (see at section 6.1.3)
when conditions (e.g., local weather or sea conditions) make getting
the samples off vessels or to the airport for transport to the
laboratory hazardous to human health and safety. This waiver
determination will be made on a case-by-case basis.
5.4.9 Submittals. Submittals shall be made to EPA and ADEC to the
addresses at section 3.1.6.
5.4.10 Modification of the Monitoring Program. The discharge
effluent monitoring program may be modified if, on the basis of any new
data, EPA and ADEC determine that the discharge is adversely affecting
the marine environment. The modified program may include changes in
survey methods, locations, schedule, parameters, and scope.
5.5 Biological Monitoring
5.5.1 Definition. Biological monitoring, for the purposes of this
Permit, is defined as observations of marine mammals and/or seabirds
and their interaction with discharges from the stationary outfalls or
from mobile vessels which may cause floating wastes on the surface of
the water or wastes on the shoreline.
5.5.2 Purpose. The biological monitoring program is to gather
information on whether or not marine mammals and seabirds interact with
the discharges from the shorebased outfalls and mobile vessels.
5.5.3 Objective. The objective is to have specific observations of
marine mammals and seabirds and their behaviors with the outfall plume,
floating wastes on the receiving waters, accumulated seafood wastes and
processing equipment, if present, on the shoreline.
5.5.4 Applicability. The seafood processors authorized to
discharge under this Permit are required to make observations of marine
mammals and/or seabirds when performing the shoreline and sea surface
monitoring program. Members of the community may also take part in this
biological monitoring program.
[[Page 1017]]
5.5.5 Method. The observers, permittees or members of the
community, may use the following questions as a guide to develop a
program for reporting observations: whether or not seabirds and marine
mammals are attracted to the outfalls and are seen eating the wastes
being discharged; whether or not seabirds and marine mammals are
attracted to any seafood waste on the shoreline and are feeding on the
wastes, getting wastes on their feathers or fur; whether or not the
interaction with discharge plumes causes seabirds or marine mammals to
accumulate oils on their feathers or fur; whether or not the discharge
is attracting gulls or other birds that are not usually found in the
Pribilof Islands; identification of the types of marine mammals or
seabirds, how many, when, where, behavior; and what were the weather
conditions, wind direction, tides, or other pertinent information.
5.5.6 Reporting. This type of observation can be done in
conjunction with the shoreline and sea surface monitoring program,
including the safety provisions. Any observations of sea lions,
northern fur seals, or seabirds near the outfalls, mobile vessels, or
shorelines by the seafood processors will be submitted with the monthly
reports. Other observers may submit reports to the addresses at section
3.1.6 or fax numbers at section 6.1.3. Photographs or video tapes are
good methods to record the biological monitoring.
6 Special Conditions and Requirements
6.1 Discharges from Mobile Vessels
During the period of May 1 to December 1, there shall be no
discharges of any kind within the one-half nautical mile of the
exclusion zone described at section 2 except as provided below at
section 6.1.1 and 6.1.2.
6.1.1 Safety Exception. Notwithstanding the provisions of section
2, mobile processing vessels may anchor within the one-half nmi
exclusion zone when conditions exist that would threaten the safety of
the vessel or there is no other location that is reachable for the
safety of the vessel.
6.1.2 Processing and Transit in the Exclusion Zone. Mobile vessels
may complete processing of any raw product on-board the vessel if
transit into the exclusion zone is for safety of the vessel. No new
product shall be brought on-board or processed. There shall be no
discharge of wastewaters including gray water, deck or processing area
wash down, net washing, bilge water, MSD treated wastewater, or other
materials. There shall be no refueling within the exclusion zone.
6.1.3 Location Reporting. When any processing vessel enters the
one-half nautical mile exclusion zone, the permittee must report their
location by GPS and the reason for being in the exclusion zone to the
appropriate following parties:
EPA--FAX (206) 553-1280 or telephone (206) 553-1846;
and
ADEC--FAX (907) 269-7508 or telephone (907) 269-7500;
and
St. Paul--FAX (907) 546-3194 or telephone (907) 546-3179;
or
St. George--FAX (907) 829-2212 or telephone (907) 859-2263;
and
Local harbor master/public safety office by radio.
6.1.4 Excluded Area Discharge. Mobile vessels must notify EPA and
ADEC within 24 hours, either by telephone (206) 553-1846 or (907) 269-
7500, respectively) or by FAX (see at section 6.1.3) if any discharge
of seafood wastes or any other discharge, occurs during the period of
May 1 through December 1 within the one-half nautical mile exclusion
zone. Any such report must include an official Bering Sea weather
report.
6.2 Discharges from Stationary Outfalls
Notwithstanding the provisions of section 2, dischargers (i.e.,
UniSea, Trident, Arctic Star, city of St. Paul) previously permitted to
discharge from the existing stationary outfalls on St. Paul and
dischargers (i.e., Snopac, Blue Wave) previously permitted to discharge
from the stationary outfall on St. George, may apply for authorization
under the Permit, provided that each facility or mobile vessel complies
with all other provisions of this Permit.
6.3 Ocean Disposal
Shorebased facilities may dispose of seafood wastes ground to 0.5
inch and unground snail shells by dumping the seafood wastes into
depths of at least 45-50 fathoms and at least seven nmi west of St.
Paul and at least three nmi west of St. George.
6.3.1 Conditions. Disposal must be done while the vessel is
underway. No disposal shall occur if marine mammals and/or a
concentration of seabirds (100+ individuals) are observed in the
disposal area.
6.3.2 Logs. A log shall be kept of the disposal operations and
include the following information:
Dates and start/stop time of each disposal occurrence,
(b) Description and approximate volume of the material being
dumped,
(c) The location (GPS) where dumped, and
(d) Notation of weather and wind conditions in the area and
Beaufort Sea state.
6.3.3 Submittal. A copy of the log is to be submitted to EPA with
the monthly report.
6.4 Pollution Prevention and Best Management Practices for Seafood
Processors
Permittees shall discharge from the facility or vessel in
accordance with best management practices which address the provisions
of the Pollution Prevention Act.
6.4.1 Best Management Practices (BMPs). Best management practices
(BMPs) are to control or abate the discharge of pollutants. In-plant
management of water and materials has been found to be central in a
waste management effort. Materials accounting, audits of in-plant
utilization of water and materials, and best management practices are
recommended as the profitable approach to waste management in seafood
processing plants and vessels.
6.4.2 Development and Implementation. Each seafood processor shall
develop and implement a BMP plan which prevents or minimizes the
generation and release of pollutants to receiving waters. Mobile vessel
operating and discharging more than 0.5 nmi from shore shall implement
BMPs which minimize process waste solids and disperse process wastes
and wastewaters through mobility. Shorebased facilities shall implement
BMPs which focus upon the minimization of process waste solids and
wastewaters.
6.4.3 Other Pollution Prevention
(a) The use of disinfectants and other products on-board a vessel
or at a shorebased facility shall be used in a way to reduce over-
disinfecting or over-use. The disposal of such products and containers
shall be in such a way as to reduce potential contamination of the work
areas and personnel.
(b) Seafood processors shall comply with existing local ordinances,
state and federal law and other health requirements for exclusion of
pests (e.g., rats) in and around the shorebased facilities and on-board
processing vessels.
(c) Seafood processors shall implement any measures necessary,
including employee training, to keep processing equipment (i.e.,
gloves, ear
[[Page 1018]]
plugs, packing bands) out of the discharge.
(d) Good-housekeeping, use of ``green'' products including low
phosphate detergents, grease traps in galleys, and any other means of
reducing pollution shall become part of the BMP plan.
7 Monthly Reporting Requirements for Seafood Processing Facilities
and Vessels
7.1 Schedule
Reporting shall be on a calendar quarter basis; reports are due by
the end of the month following any quarter processing occurs in the
Pribilof Islands (e.g., January-March report due no later than the 30th
of April).
7.2 No Processing
Permittees shall notify EPA and ADEC when no processing occurs
during any quarter in the Pribilof Islands, by submitting the form
marked ``no processing.''
7.3 Facility Reporting
7.3.1 Vessels. Mobile vessels shall report the following:
(a) Daily GPS log of anchored location or locations while
processing; this log to be submitted in both map-charted and written
form;
(b) Processing data including number of pounds of raw product
processed per day and number of pounds of finished product; and
(c) Seafood wastes, if any, on the shoreline and/or floating solids
on the sea surface as described in the sea surface and shoreline
monitoring program at section 5.3; and
(d) Results of outfall check and results of grinding size
inspection.
7.3.2 Stationary Outfalls. Shorebased facilities or vessels
discharging through stationary outfalls shall report the following:
(a) Processing data including number of pounds of raw product
processed per day and type and number of pounds of finished product;
(b) Seafood wastes, if any, on the shoreline and/or floating solids
on the sea surface as described in the sea surface and shoreline
monitoring program at section 5.3; and
(c) Amount, type (if ground or unground), and location of wastes
disposed of by ocean dumping as described at section 6.3.
7.4 Signatory Requirement
A permittee shall ensure that the monthly report is signed by a
principal officer or a duly appointed company representative in
accordance with section 12.5.
7.5 Submittal
The monthly reports shall be submitted to EPA and ADEC. Reports may
be sent via FAX (see at section 6.1.3) or mailed to EPA and ADEC (see
at section 3.1.6).
7.6 Paperwork Reduction Act
In compliance with the Paperwork Reduction Act, 44 U.S.C. Section
3501, et seq., the Office of Management and Budget has approved the
collection of information in a monthly report as equivalent to a
discharge monitoring report (OMB No. 2040-0004).
8 Requirements for the City of St. Paul Wastewater Treatment
System
8.1 Discharge Limitations
8.1.1 Amount of Discharge. The discharge shall be limited to
treatment not to exceed 143,500 gallons/day. Treated wastewater shall
be discharged to the Bering Sea via an outfall.
8.1.2 Water Quality. There shall be no discharge of floating
solids, garbage, grease, foam, oily waste, or wastewater which may
produce a film, sheen, or coloration on surface waters. The discharge
shall not cause contamination of surface or ground waters and shall be
in compliance with the Alaska Water Quality Standards (18 AAC Part 70).
8.1.3 Adverse Effects. The discharge shall not cause adverse
effects on aquatic or terrestrial plant or animal life, their
reproduction, or habitat.
8.2 Septic Tank System
8.2.1 Operation and Maintenance. The permittee shall maintain the
septic tank system in good working order at all times. The accumulated
solids in the septic tanks shall be pumped from the tanks at least
every two years and disposed of by an approved method.
8.2.2 Spills. In the event of a spill of sewage on the ground
resulting from the operation, maintenance, or failure of the septic
tank system, the permittee shall immediately disinfect the area and
report the spill as required at section 10.1. Additionally the
permittee shall correct the cause of the spill in the shortest
practicable amount of time.
8.3 Monitoring
8.3.1 Sampling. The city of St. Paul shall conduct sampling for
the pollutants listed at section 5.4.5(b).
8.3.2 Schedule
(a) The city of St. Paul shall sample the effluent discharge at the
East Landing manhole for conventional pollutants and volatile organic
compounds one time each February and May and at least four times
between August 1 and September 30 during each year of the Permit. The
results shall be submitted as follows: February sampling by March 31;
May sampling by June 30; and the August/September sampling by October
31 of each year.
Metals, including Mercury, shall be sampled in February 2001 and
results submitted within 30 days of being analyzed.
The city may participate in the sampling program with the
shorebased facilities.
(b) The city shall participate in the sediment chemistry study to
be conducted during the summer of the third year (2001) of the Permit
(see at section 8.3.3(b)).
8.3.3 Additional Sampling and Testing
(a) If the volatile organic compounds sampling results from the
February 2002 sampling show presence of 1.4-Dichlorobenzene in excess
of 0.011 mg/L and/or Toluene in excess of 0.09 mg/L, sampling for
volatile organic compounds will be required at Ellerman Heights lift
station, Old Town lift station, and at East Landing manhole within 60
days of the March 31 submittal of the February 2002 results.
(b) The city of St. Paul and the seafood processors discharging
through the stationary outfalls on St. Paul shall conduct a sediment
chemistry study during the summer of the third year (2001) of the
Permit in the area immediately adjacent to the stationary outfalls and
at one control site. The results of the sediment chemistry study shall
be submitted by October 31, 2001.
8.3.4 Quality Assurance Plan. Sampling and testing for effluent
shall be conducted according to the prepared Quality Assurance Plan
(QAP); the plan is to be submitted to EPA for approval within 30 days
of issuance of this Permit, and prior to any sampling. This approval
will be in effect for the period of this Permit unless there is a
change in the monitoring program.
The QAP for the sediment chemistry study in 2001 shall be submitted
by April 30, 2001.
8.3.5 Submittal. Submittals shall be to the addresses at section
3.1.6.
8.4 Waiver From Secondary Treatment
The ADEC grants a waiver from secondary treatment standards to the
city of St. Paul for the discharge of sanitary wastes. This waiver was
originally contained in the State of Alaska's wastewater permit
previously issued to the city of St. Paul.
In accordance with State Regulations 18 AAC 72.040(c), ADEC may
reduce the level of treatment of domestic waste from secondary
standards as defined in 18 AAC 72.990(64). The level of
[[Page 1019]]
treatment may not be less than primary treatment as defined in 18 AAC
72.990(52). The city of St. Paul has a community septic tank that
provides primary treatment of the sanitary wastes. This reduced level
of treatment will not impact the overall health of the Bering Sea as a
water body and is in conformance with the State's antidegradation
policy.
8.5 City of St. Paul Pollution Prevention Program
The city of St. Paul shall develop and implement a pollution
prevention program to identify hazardous products used in the community
in homes and businesses; provide information to the community on the
handling and reduction of hazardous products used; recycle hazardous
products when and where possible; and establish a collection of
hazardous product wastes for the community.
8.5.1 Objective. The objective of this program is to reduce and
eliminate the potential for hazardous materials dumped into the city's
domestic wastewater treatment system and discharged into the marine
environment where there is the potential to impact the marine mammals
and seabirds as well as pollute the nearshore areas of St. Paul Island.
8.5.2 Schedule. The pollution prevention program shall be
developed and implemented no later than one year after the issuance of
the Permit and shall include an information/collection event to be held
in June 2001 and in June 2003. A copy of the program shall be submitted
to EPA and ADEC (see at section 3.1.6) for review and approval by
October 31, 1999.
8.5.3 Monitoring. The effluent sampling for Volatile Organic
Compounds in February 2002 will demonstrate the effectiveness of the
program. If the conditions at section 8.3.3(a) are met, the city may
reduce the monitoring for Volatile Organic Compounds to once in May and
once between August 1 and September 30. If any test results show
Volatile Organic Compounds (i.e., toluene and/or 1,4-dichlorobenzene)
in the discharge, the city shall immediately test at Ellerman Heights
lift station, Old Town lift station, and at East Landing manhole to try
to find the source.
9 General Monitoring and Records Requirements
9.1 General Monitoring
9.1.1 Monitoring Procedures. Monitoring shall be conducted
according to test procedures approved under 40 CFR part 136 or EPA
approved methods. EPA Method 1664 for Oil and Grease has been approved
as an alternative test procedure for Region 10.
9.1.2 Representative Effluent Sampling. Samples taken in
compliance with the effluent monitoring requirements of the Permit
shall be collected from the effluent stream prior to discharge into the
receiving waters. Samples and measurements shall be representative of
the volume and nature of the monitored discharge.
9.2 Records Requirements
9.2.1 Records Contents. All effluent monitoring records shall bear
the hand-written signature of the person who prepared them. In
addition, all records of monitoring information shall include: The
date, exact place, and time of sampling or measurements; the names of
the individual(s) who performed the sampling or measurements; the
date(s) analyses were performed; the names of the individual(s) who
performed the analyses; the analytical techniques or methods used; and
the results of such analyses.
9.2.2 Retention of Records. Each permittee shall retain copies of
all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous
monitoring instrumentation, copies of all reports required by this
Permit, and records of all data used to complete the application for
this Permit, for a period of at least five years from the date of the
sample, measurement, report, or application. This period may be
extended by request of the Director or ADEC at any time.
9.2.3 On-site Availability of Records and Reports. Copies of this
NPDES Permit, monitoring reports, and other technical documents
required under the Permit shall be maintained on-site where the
discharge occurs.
10 Non-Compliance Reporting Requirements
10.1 Twenty-Four Hour Notice of Noncompliance
The following occurrences of noncompliance shall be reported by
telephone to EPA (206-553-1846) and ADEC (907-269-7500) within 24 hours
from the time the permittee becomes aware of the circumstances:
10.1.1 Endangerment. Any noncompliance which may endanger human
health or the environment.
10.1.2 Unanticipated Bypass. Any unanticipated bypass which
exceeds any effluent limitations in the Permit (see ``Bypass of
Treatment Facilities'' at section 11.6).
10.1.3 Upset. Any upset which exceeds any effluent limitation in
the Permit (see ``Upset Conditions'' at section 11.7).
10.1.4 Environmental Effects. Instances of floating solids, foam,
or oily wastes, and/or seafood wastes on the shoreline.
10.2 Written Notice
A written notice of the preceding occurrences of noncompliance
shall be provided to EPA and ADEC within five days of the time that a
permittee becomes aware of the circumstances which lead to the
noncompliance.
10.2.1 Report. The written notice shall contain:
(a) A description of the noncompliance and its cause;
(b) The period of noncompliance, including exact dates and times;
(c) The estimated time noncompliance is expected to continue if it
has not been corrected; and
(d) Steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
10.2.2 Written Report Waiver. The Director may waive the written
report on a case-by-case basis if the telephone report has been
received within 24 hours by the NPDES Compliance Unit in Seattle,
Washington, by telephone or FAX.
10.2.3 Submittal. Written reports shall be submitted to the
addresses at section 3.1.6.
10.3 Other Noncompliance Reporting
A permittee shall document all instances of noncompliance, other
than those specified at section 10.1, and submit a written report with
the monthly report.
10.4 Planned Changes
A permittee shall give 60 days advance notice to EPA and ADEC of
any planned physical alterations or additions to the permitted
facility. Notice is required only when the alteration of, or addition
to, the facility could result in noncompliance with the explicit
effluent limitation of the Permit; the alteration of, or addition to,
the facility could significantly change the nature or increase the
quantity of pollutants discharged which are not limited explicitly in
the Permit; or the alteration of, or addition to, the facility may meet
one of the criteria for determining whether the facility is a new
source as determined in 40 CFR 122.29(b).
10.5 Notice of New Introduction of Pollutants
The permittee shall provide 60 days advance notice to EPA and ADEC
of any new introduction of pollutants into the
[[Page 1020]]
treatment works from an indirect discharger which would be subject to
sections 301 or 306 of the Act if it were directly discharging those
pollutants; and any substantial change in the volume or character of
pollutants being introduced into the treatment works by a source
introducing pollutants into the treatment works at the time of issuance
of the Permit.
10.6 Anticipated Noncompliance
The permittee shall also give advance notice to EPA and ADEC of any
planned changes in the permitted facility or activity which may result
in noncompliance with Permit requirements.
11 General Compliance Responsibilities
11.1 Duty To Comply
Each permittee shall comply with all conditions of this Permit. Any
noncompliance of this Permit constitutes a violation of the Act and is
grounds for enforcement action; for permit termination, revocation and
reissuance, or modification; or for denial of a permit renewal
application.
Nothing in this Permit shall be construed to relieve authorized
permittees of the requirements of applicable federal and state laws or
regulations and local laws and ordinances
Except as provided in permit conditions in ``Bypass of Treatment
Facilities'' (see at section 11.6 ) and ``Upset Conditions'' (see at
section 11.7), nothing in this Permit shall be construed to relieve a
permittee of the civil or criminal penalties for noncompliance.
11.2 Penalties for Violations of Permit Conditions
11.2.1 Civil and Administrative Penalties. Any person who violates
a permit condition implementing sections 301, 302, 306, 307, 308, 318,
or 405 of the Act shall be subject to a civil or administrative
penalty, not to exceed the maximum amounts authorized by sections
309(d) and 309(g) of the Act and the Federal Civil Penalties Inflation
Adjustment Act (28 U.S.C. 2461 note) as amended by the Debt Collection
Improvement Act (31 U.S.C. 3701 note).
11.2.2 Criminal Penalties
(a) Negligent Violations. Any person who negligently violates a
permit condition implementing sections 301, 302, 306, 307, 308, 318, or
405 of the Act shall be punished by a fine of not less than $2,500 nor
more than $25,000 per day of violation, or by imprisonment for not more
than 1 year, or by both.
(b) Knowing Violations. Any person who knowingly violates a permit
condition implementing sections 301, 302, 306, 307, 308, 318, or 405 of
the act shall be punished by a fine of not less than $5,000 nor more
than $50,000 per day of violation, or by imprisonment for not more than
3 years, or by both.
(c) Knowing Endangerment. Any person who knowingly violates a
permit condition implementing sections 301, 302, 303, 306, 307, 308,
318, or 405 of the Act, and who knows at that time that another person
may be placed in imminent danger of death or serious bodily injury
shall, upon conviction, be subject to a fine of not more than $250,000
or imprisonment of not more than 15 years, or both. A person which is
an organization shall be subject to a fine of not more than $1,000,000.
(d) False Statements. Any person who knowingly makes any false
material statement, representation, or certification in any
application, record, report, plan, or other document filed or required
to be maintained under this Act or who knowingly falsifies, tampers
with, or renders inaccurate any monitoring device or method required to
be maintained under this Act, shall be punished by a fine of not more
than $10,000, or by imprisonment for not more than 2 years, or by both.
11.3 Need To Halt or Reduce Activity Not a Defense
It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
Permit.
11.4 Duty To Mitigate
A permittee shall take all reasonable steps to minimize or prevent
any discharge in violation of this Permit that has a reasonable
likelihood of adversely affecting human health or the environment.
11.5 Proper Operation and Maintenance
A permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) that are installed or used by a permittee to achieve
compliance with the conditions of this Permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate
quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems only when the
operation is necessary to achieve compliance with the conditions of
this Permit.
11.6 Bypass of Treatment Facilities
11.6.1 Bypass Not Exceeding Limitations. Bypass of treatment is
prohibited if such bypass will produce a discharge which exceeds the
effluent limitations of the Permit. EPA or ADEC may take enforcement
action against a permittee for a bypass, unless:
(a) The bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
(b) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment shall have
been installed in the exercise of reasonable engineering judgment to
prevent a bypass that occurred during normal periods of equipment
downtime or preventive maintenance; and
(c) A permittee submitted notices as follows:
Notice of an anticipated bypass. If a permittee knows in advance of
the need for a bypass, it shall submit prior notice, if possible, at
least 10 days before the date of the bypass.
Notice of an unanticipated bypass. A permittee shall submit notice
of an unanticipated bypass as required under ``Noncompliance
Reporting'' (see at section 10).
11.6.2 Bypass Approval. EPA and ADEC may approve an anticipated
bypass, after considering its adverse effects, if EPA and ADEC
determine that it will meet the three conditions listed above at
section 11.6.1 of this Permit.
11.7 Upset Conditions
11.7.1 Effect of an Upset. An upset constitutes an affirmative
defense to an action brought for noncompliance with such technology-
based permit effluent limitations if a permittee meets the requirements
of section 11.7.2. No determination made during administrative review
of claims that noncompliance was caused by upset, and before an action
for noncompliance, is final administrative action subject to judicial
review.
11.7.2 Conditions Necessary for a Demonstration of Upset. A
permittee who wishes to establish the affirmative defense of upset
shall demonstrate through properly signed, contemporaneous operating
logs or other relevant evidence that:
(a) An upset occurred and that a permittee can identify the
cause(s) of the upset;
(b) The permitted facility was at the time being properly operated;
(c) The permittee submitted notice of the upset as required under
``Reporting
[[Page 1021]]
of Noncompliance'' (see at section 10); and
(d) The permittee complied with any remedial measures as required
under ``Duty to Mitigate'' (see at section 11.4).
11.7.3 Burden of Proof. In any enforcement proceeding, the
permittee seeking to establish the occurrence of an upset has the
burden of proof.
11.8 Toxic Pollutants
Each permittee shall comply with effluent standards or prohibitions
established under section 307(a) of the Act for toxic pollutants within
the time provided in the regulations that establish those standards or
prohibitions.
12 General Provisions
12.1 Permit Actions
This Permit may be modified, revoked and reissued, or terminated
for cause. The filing of a request by a permittee for a permit
modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
12.2 Duty to Reapply
If a permittee intends to continue an activity regulated by this
Permit after the expiration date of this Permit, a permittee must
submit a new NOI 60 days before the expiration of this Permit.
12.3 Duty to Provide Information
A permittee shall furnish to EPA and ADEC, within the time
specified in the request, any information that EPA or ADEC may request
to determine whether cause exists for modifying, revoking and
reissuing, or terminating this Permit, or to determine compliance with
this Permit.
A permittee shall also furnish to EPA or ADEC, upon request, copies
of records required to be kept by this Permit.
EPA may require any discharger authorized by a general permit to
apply for and obtain an individual NPDES permit in accordance with 40
CFR 122.28(b)(3).
12.4 Other Information
When a permittee becomes aware that it failed to submit any
relevant facts in a permit application or NOI, or that it submitted
incorrect information in a permit application, NOI, or any report to
EPA or ADEC, it shall promptly submit the omitted facts or corrected
information.
12.5 Signatory Requirements
All applications reports or information submitted to EPA and ADEC
shall be signed and certified.
12.5.1 Permit Applications. All permit applications shall be
signed as follows:
(a) For a corporation: By a responsible corporate officer.
(b) For a partnership or sole proprietorship: By a general partner
or the proprietor, respectively.
(c) For a municipality, state, federal, or other public agency: By
either a principal executive officer or ranking elected official.
12.5.2 Required Reports and Information. All reports required by
this Permit and other information requested by EPA or ADEC shall be
signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized
representative only if:
(a) The authorization is made in writing by a person described
above and submittal to EPA and ADEC, and
(b) The authorization specifies either an individual or a position
having responsibility for the overall operation of the regulated
facility or activity, such as the position of plant manager,
superintendent, position of equivalent responsibility, or an individual
or position having overall responsibility for environmental matters for
the company. (A duly authorized representative may thus be either a
named individual or any individual occupying a named position.)
12.5.3 Changes to Authorization. If an authorization under
``Signatory Requirements'' (see at section 12.5) is no longer accurate
because a different individual or position has responsibility for the
overall operation of the facility, a new authorization satisfying the
requirements of this section must be submitted to EPA and ADEC prior to
or together with any reports, information, or applications to be signed
by an authorized representative.
12.5.4 Certification. Any person signing a document required by
this Permit shall make the following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
12.6 Availability of Reports
Except for data determined to be confidential under 40 CFR part 2,
all reports prepared in accordance with this Permit shall be available
for public inspection at the offices of EPA and ADEC. A permittee may
claim certain types of information as business confidential. When the
information is submitted in response to a permit requirement, the
permittee will need to identify which documents or portions of
documents are company confidential (see 40 CFR 2.203(b)). As required
by the Act, permit applications, permits, and effluent data shall not
be considered confidential.
12.7 Inspection and Entry
A permittee shall allow EPA, ADEC, or an authorized representative
(including an authorized contractor acting as a representative of the
Administrator), upon the presentation of credentials and other
documents as may be required by law, to enter a permittee's premises
where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of this Permit; have
access to and copy, at reasonable times, any records that must be kept
under the conditions of this Permit; inspect at reasonable times any
facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this Permit; and
sample or monitor at reasonable times, for the purpose of assuring
permit compliance or as otherwise authorized by the Act, any substances
or parameters at any location.
12.8 Oil and Hazardous Substance Liability
Nothing in this Permit shall be construed to preclude the
institution of any legal action or relieve a permittee from any
responsibilities, liabilities, or penalties to which a permittee is or
may be subject under section 311 of the Act.
12.9 Property Rights
The issuance of this Permit does not convey any property rights of
any sort, or any exclusive privileges, nor does it authorize any injury
to private property or any invasion of personal rights, nor any
infringement of federal, state or local laws or regulations.
[[Page 1022]]
12.10 Severability
The provisions of this Permit are severable. If any provision of
this Permit, or the application of any provision of this Permit to any
circumstance, is held invalid, the application of such provision to
other circumstances, and the remainder of this Permit, shall not be
affected thereby.
12.11 Transfers
This Permit may be automatically transferred to a new permittee if
the current permittee notifies EPA at least 30 days in advance of the
proposed transfer date; the notice includes a written agreement between
the existing and new permittees containing a specific date for transfer
of permit responsibility, coverage, and liability between them; and EPA
does not notify the existing permittee and the proposed new permittee
of EPA's intent to modify, or revoke and reissue the permit. If this
notice is not received, the transfer is effective on the date specified
in the agreement.
12.12 State Laws
Nothing in this Permit shall be construed to preclude the
institution of any legal action or relieve a permittee from any
responsibilities, liabilities, or penalties established pursuant to any
applicable state law or regulation under authority preserved by Section
510 of the Act.
13 Definitions and Acronyms
AAC means Alaska Administrative Code.
Accumulation means any deposit of ground or unground solid seafood
processing wastes gathered or heaped up at and around the terminus of
an outfall which could reasonably be attributed to a discharge from the
outfall.
ADEC means Alaska Department of Environmental Conservation.
Bypass means the intentional diversion of waste streams from any
portion of a treatment facility.
CFR means the Code of Federal Regulations.
Coastal zone means the waters within three nautical miles of the
Pribilof Islands.
Cooling water means once-through non-contact cooling water.
CWA means the Clean Water Act.
Discharge of a pollutant means any addition of any ``pollutant'' or
combination of pollutants to ``waters of the United States'' from any
``point source''.
Domestic wastewater means waterborne human wastes and gray water.
EPA means the United States Environmental Protection Agency.
Exclusion zone means within one-half nmi of areas of special
concerns or in the case of Steller sea lion rookeries, 3 nmi.
Garbage means all kinds of victual, domestic, and operational
waste, excluding fresh fish and parts thereof, generated during the
normal operation and liable to be disposed of continuously or
periodically except dishwater, gray water, and those substances that
are defined or listed in other Annexes to MARPOL 73/78.
GPS means Global Positioning System.
Gray water means materials discharged from sinks, safety showers,
eye-wash stations, hand-washing stations, galley, laundries, bath, and
shower wastewater which do not contain human body wastes.
Marine environment means that territorial seas, the contiguous zone
and the oceans.
Marine sanitation device includes any equipment for installation
on-board a vessel which is designed to receive, retain, treat, or
discharge sewage, or any process to treat such sewage (discharge of raw
sewage is not allowed within the three mile limit of U.S. waters).
MLLW means mean lower low water.
MSD means marine sanitation device.
NMFS means United States National Marine Fisheries Service.
NOI means a ``Notice of Intent,'' that is, an application, to be
authorized to discharge under a general NPDES permit.
Pollutant means dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal,
and agricultural waste discharged into water.
Seafood means the raw material, including freshwater and saltwater
fish and shellfish, to be processed, in the form in which it is
received at the processing plant.
Seafood process waste means the waste fluids, organs, flesh, bones,
and chitinous shells produced in the conversion of aquatic animals from
a raw form to a marketable form.
Severe property damage means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by
delays in production.
Sewage means human body wastes and the wastes from toilets and
other receptacles intended to receive or retain body wastes.
Upset means an exceptional incident in which there is unintentional
and temporary noncompliance with technology-based permit effluent
limitations because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
U.S.C. means United States Code.
USFWS means United States Fish and Wildlife Service.
Water depth means the depth of the water between the surface and
the seafloor as measured at mean lower low water (0.0).
[FR Doc. 99-232 Filed 1-6-99; 8:45 am]
BILLING CODE 6560-50-P
