[Federal Register Volume 61, Number 236 (Friday, December 6, 1996)]
[Notices]
[Pages 64796-64814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30748]
[[Page 64795]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
Modification of the General National Pollutant Discharge Elimination
System Permit for Placer Mining in Alaska; Notice
Federal Register / Vol. 61, No. 236 / Friday, December 6, 1996 /
Notices
[[Page 64796]]
Environmental Protection Agency
[FRL-5655-3]
Final General NPDES Permit Modifications for Mechanical Placer
Mining (No. AKG-37-0000), Medium-size Suction Dredge Placer Mining (No.
AKG-37-1000), and Small Suction Dredge Placer Mining (No. AKG-37-5000)
in the State of Alaska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final general NPDES permit modification.
-----------------------------------------------------------------------
SUMMARY: The Director, Office of Water, EPA Region 10, is modifying the
General National Pollutant Discharge Elimination System (NPDES) permit
for placer mining in Alaska pursuant to the provisions of the Clean
Water Act, 33 U.S.C. 1251 et seq. EPA originally issued this general
permit (No. AKG-37-000) on May 13, 1994 [59 FR 28079]. On September 28,
1994, two environmental groups filed a petition for review of the
general permit in the Ninth Circuit. Without any admission or denial of
any of the Petitioners' allegations, EPA proposed to modify the general
permit on January 31, 1996 [61 FR 3403]. The original comment period on
the proposed modification began on January 31, 1996, and ended on March
15, 1996. Region 10 later extended the comment period to April 18,
1996. Public hearings were held in Anchorage on March 4 and in
Fairbanks on March 5, 1996.
Based on the comments received, it was apparent that there was some
confusion regarding what conditions were applicable to which type of
facility (mechanical operations, medium-size suction dredges, or small
suction dredges). Therefore, the permit was split into three separate
general permits--one for each type of facility. The permit numbers of
the final permits are AKG-37-0000 (mechanical operations), AKG-37-1000
(medium-size suction dredge operations), and AKG-37-5000 (small suction
dredges).
The general permit for mechanical operations authorizes discharges
from facilities that mine and process gold placer ores using gravity
separation methods to recover the gold metal contained in the ore,
open-cut gold placer mines except those open-cut mines that mine less
than 1,500 cubic yards of placer ore per mining season, and mechanical
dredge gold placer mines except those dredges that remove less than
50,000 cubic yards of placer ore per mining season or dredge in open
waters. The medium-size suction dredge permit authorizes discharges
from suction dredges with intake nozzles less than or equal to 8 inches
and greater than 4 inches, provided that hose size is not be greater
than 2 inches larger than the nozzle size. Placer mining by suction
dredges with intake nozzles equal to 10 inches for which Notices of
Intent were approved by August 13, 1996 are also covered. The small
suction dredge permit authorizes discharges from suction dredges with
intake nozzles less than or equal to 4 inches, provided that hose size
is not be greater than 2 inches larger than the nozzle size. None of
the permits authorize discharges from facilities for which Notices of
Intent (NOIs) were approved after August 13, 1996, which are proposed
to be located in National Park System Units (i.e., Parks and
Preserves), National Monuments, Sanctuaries, Wildlife Refuges,
Conservation Areas, Wilderness Areas, Critical Habitat Areas, or waters
within the boundaries of areas designated as wild under the Wild &
Scenic Rivers Act.
EFFECTIVE DATE: These general NPDES permits shall become effective
April 7, 1997.
ADDRESSES: Unless otherwise noted in the permit, correspondence
regarding this permit should be sent to Environmental Protection
Agency, Region 10, Attn: NPDES Permits Unit, OW-130, 1200 Sixth Avenue,
Seattle, Washington, 98101.
FOR FURTHER INFORMATION CONTACT: Carla Fisher, of EPA Region 10, at the
address listed above or telephone (206) 553-1756. Copies of the final
general NPDES permit, response to public comments, and today's
publication will be provided upon request by EPA Region 10, Public
Information Center, at 1 (800) 424-4372 or (206) 553-1200.
SUPPLEMENTARY INFORMATION: EPA modified this general NPDES permit
pursuant to its authority under Sections 301(b), 304, 306, 307, 308,
402, 403, and 501 of the Clean Water Act. The fact sheet for the draft
permit modification, the response to comments document, the
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 significant factual, legal, and
policy questions considered in the development of the terms and
conditions of the final permits presented below.
The State of Alaska, Department of Environmental Conservation, has
certified that the subject discharges comply with the applicable
provisions of Sections 208(e), 301, 302, 306, and 307 of the Clean
Water Act.
The State of Alaska, Office of Management and Budget, Division of
Governmental coordination, has certified that the general NPDES permits
are consistent with the approved Alaska Coastal Management Program.
No comments were received from Office of Management and Budget on
the information collection requirements in these permits. Responses to
public comments appear in the Response to Comments.
Changes have been made from the draft permit to the final permits
in response to public comments received on the draft permit and the
final coastal management plan consistency determination and 401
certification issued by the State of Alaska. The following is a summary
of some of the changes.
For mechanical operations and medium-size suction dredge permits,
only permittees who do not use the Alaska Placer Mining Application
(APMA) are required to submit copies of their applications to agencies
other than Alaska Department of Natural Resources. Additionally, the
timing of the separation distance between operations was changed from
the entire season to requiring separation from operations which are
discharging or from which it is apparent that a discharge has occurred.
For mechanical operations, the arsenic limitation was changed from
0.18 ug/l to 0.18 ug/l or natural background; turbidity monitoring was
changed from three times per season to monitoring of the first two
discharges of the season and one discharge per month for every month in
which there is a discharge thereafter; arsenic monitoring was changed
from three times per season to monitoring of the first three discharges
of the season and one discharge per month for every month in which
there is a discharge thereafter, and; the 500-foot separation distance
between operations was reduced to 300 feet.
For medium and small suction dredges, size is determined by nozzle,
not hose, size, except that the hose must be less than or equal to two
inches larger than the nozzle, and; if a constrictor ring is
permanently attached to the nozzle, size may be determined by
constrictor ring size.
For medium-size suction dredges, suction dredges with 10 inch
nozzles for which NOIs were approved by August 13, 1996, are also
covered under this permit; the provision regarding discharge to quiet
pools was deleted, the timing of separation from spawning areas was
changed to the times when fish are spawning; the separation
[[Page 64797]]
distance between operations was changed from 1000 feet to 800 feet; the
prohibition on dredging silt and clay was changed to a prohibition on
dredging concentrated silt and clay, and; the definition of ``active
stream channel'' was changed to included unvegetated gravel bars.
For small suction dredges, coverage was simplified so that
submittal of a notice of intent to Alaska Department of Fish and Game
results in immediate coverage under the permit; a prohibition against
damming or diversions was added, and; the strict prohibition against
dredging of silt and clay was changed to advisory language.
Within 120 days following this service of notice of EPA's final
permit decisions under 40 CFR 124.15, any interested person may appeal
these general NPDES permits in the Federal Court of Appeal 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 these permits 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: November 18, 1996.
Philip G. Millam,
Director, Office of Water.
Authorization To Discharge Under the National Pollutant Discharge
Elimination System for Alaskan Mechanical Placer Miners
[General Permit No.: AKG-37-0000]
In compliance with the provisions of the Clean Water Act (CWA), 33
U.S.C. Sec. 1251 et seq., as amended by the Water Quality Act of 1987,
Public Law 100-4, the ``Act'', owners and operators of facilities
engaged in the processing of placer gold are authorized to discharge to
waters of the United States, in accordance with effluent limitations,
monitoring requirements, and other conditions set forth herein.
A COPY OF THIS GENERAL PERMIT MUST BE KEPT AT THE SITE WHERE
DISCHARGES OCCUR.
The original version of this permit became effective June 30, 1994.
This permit as modified shall become effective April 7, 1997.
This permit and the authorization to discharge shall expire on June
30, 1999.
Signed this 18th day of November, 1996.
Philip G. Millam,
Director, Office of Water, Region 10, U.S. Environmental Protection
Agency.
Table of Contents
Cover Page
I. Coverage Under this Permit
A. Coverage
B. Authorized Placer Mining Operations
C. Additional
D. Prohibitions
E. Requiring an Individual Permit
F. Notification Requirements
G. Permit Expiration
II. Effluent Limitations and Monitoring Requirements
A. Effluent Limitations
B. Monitoring Requirements
III. Management Practices
IV. Monitoring and Reporting Requirements
A. Representative Sampling
B. Reporting of Monitoring Results
C. Monitoring
D. Additional Monitoring by the Permittee
E. Records Contents
F. Retention of Records
G. Notice of Noncompliance Reporting
H. Other Noncompliance Reporting
V. Compliance Responsibilities
A. Duty to Comply
B. Penalties for Violations of Permit Conditions
C. Need to Halt or Reduce Activity not a Defense
D. Duty to Mitigate
E. Proper Operation and Maintenance
F. Removed Substances
G. Bypass of Treatment Facilities
H. Upset Conditions
I. Toxic Pollutants
VI. General Requirements
A. Changes in Discharge of Toxic Substances
B. Planned Changes
C. Anticipated Noncompliance
D. Permit Actions
E. Duty to Reapply
F. Duty to Provide Information
G. Other Information
H. Signatory Requirements
I. Availability of Reports
J. Oil and Hazardous Substance Liability
K. Property Rights
L. Severability
M. State Laws
N. Paperwork Reduction Act
O. Inspection and Entry
P. Transfers
VII. Reopener Clause
VIII. Definitions
Attachment 1
Attachment 2
Attachment 3
I. Coverage Under this Permit
A. Coverage
1. Authorization to discharge requires written notification from
EPA that coverage has been granted and that a specific permit number
has been assigned to the operation.
2. Existing Facilities (those mechanical operations facilities
having individual National Pollutant Discharge Elimination System
[NPDES] permits or coverage under the existing Alaska placer miner
general permit). To gain coverage under this permit, existing
facilities which meet the criteria for coverage under Part I of this
permit must submit a Notice of Intent (NOI, OMB #2040-0086, expiration
date 8/31/98). Such facilities will be granted coverage according to
Permit Part F.
3. Pending Applications: Mechanical operations facilities which
have submitted applications in accordance with 40 CFR 122.21(a) and
which meet the criteria for coverage under this permit will be granted
coverage according to Permit Part F.
4. New Facilities: New mechanical operations facilities that are
determined to be new sources under the CWA will be required to have an
Environmental Assessment (EA) completed pursuant to the National
Environmental Policy Act (NEPA). A finding of no significant impact
(FNSI) by EPA is necessary prior to receiving coverage under this
permit. A FNSI will become effective only after the public has had
notice of, and an opportunity to comment on, the FNSI including either
the accompanying Environmental Assessment or a summary of it, and the
EPA has fully considered all public comments submitted, pursuant to 40
CFR 6.400(d). If there may be a significant impact, the facility will
require an Environmental Impact Statement (EIS). An EIS will be issued
only after public notice and an opportunity for public comments on a
draft EIS pursuant to 40 CFR 6.403(a) and 1503.1(a).
5. Expanding Facilities: Mechanical operations facilities that
contemplate expanding shall submit a new NOI that describes the new
discharge. The current permit will be terminated and a new permit,
reflecting the changes, issued in its place if the facility meets all
the necessary requirements of coverage.
6. Coastal Zone Facilities: Mechanical operations facilities
located in the coastal zone as determined by the Alaska Coastal Zone
Management Act shall submit, with their Notice of Intent (NOI), an
individual consistency determination from Alaska Division of
Governmental Coordination (ADGC) unless ADGC makes an overall
determination on this General Permit after its issuance.
B. Authorized Placer Mining Operations
1. Facilities that mine and process gold placer ores using gravity
separation methods to recover the gold metal contained in the ore.
[[Page 64798]]
2. Open-cut gold placer mines except those open-cut mines that mine
less than 1,500 cubic yards of placer ore per mining season.
3. Mechanical dredge gold placer mines except those dredges that
remove less than 50,000 cubic yards of placer ore per mining season or
dredge in open waters.
C. Additional Requirements
1. Many streams and stream reaches in Alaska have been designated
as part of the federal wild and scenic rivers system or as Conservation
System Units (CSUs) by the federal government. Permittees should
contact the district offices of the federal agencies that administer
the designated area for additional restrictions that may apply to
operating within the area. See part I.E.2.
2. Many streams in Alaska where placer mining occurs have been
designated by the Alaska Department of Fish and Game (ADF&G) as
anadromous fish streams. Placer mining activities in these streams
require an ADF&G Fish Habitat Permit which may include additional
restrictions. The ``Atlas to the Catalog of Waters Important for the
Spawning, Rearing, or Migration of Anadromous Fish'' lists the streams
in the State which require prior ADF&G authorization. In addition,
placer mining activities in resident fish streams require an ADF&G Fish
Habitat Permit if the proposed activity will block or impede the
efficient passage of fish. Permittees operating in anadromous or
resident fish streams should contact the ADF&G to determine permitting
requirements and additional restrictions that may apply.
D. Prohibitions
1. Discharges from the following beneficiation processes are not
authorized under this permit: mercury amalgamation, cyanidation, froth
floatation, heap and vat leaching.
2. Discharges from hydraulicking, as defined in Part VIII.E, are
not authorized under this permit.
3. This general permit does not apply to facilities for which
Notices of Intent were approved after August 13, 1996, which are
proposed to be located in National Park System Units (i.e., Parks and
Preserves), National Monuments, Sanctuaries, Wildlife Refuges,
Conservation Areas, Wilderness Areas, Critical Habitat Areas, or waters
within the boundaries of areas designated as wild under the Wild &
Scenic Rivers Act.
4. This permit does not apply to wetlands designated in the 1995
Anchorage Wetlands Management Plan.
E. Requiring an Individual Permit
1. The Regional Administrator may require any person authorized by
this permit to apply for and obtain an individual NPDES permit when:
a. The single discharge or the cumulative number of discharges is/
are a significant contributor of pollution;
b. The discharger is not in compliance with the terms and
conditions of the general permit;
c. A change has occurred in the availability of demonstrated
technology or practices for the control or abatement of pollutants
applicable to the point source;
d. Effluent limitations guidelines are subsequently promulgated for
the point sources covered by the general permit;
e. A Water Quality Management plan containing requirements
applicable to such point sources is approved;
f. An Individual Control Strategy (ICS) is required under Section
304(L) of the Act;
g. A Total Maximum Daily Load (TMDL) and corresponding wasteload
allocation has been completed for a waterbody or a segment of a
waterbody;
h. A review of the facility shows that it is subject to the State
of Alaska's anti-degradation policy; or
i. There are other federal or State legislation, rules or
regulations pertaining to a site directly or indirectly related to
water quality.
2. The Regional Administrator may deny coverage under this permit
in the following circumstances:
a. a land management agency with jurisdiction over affected
portions of the receiving water, bed, or uplands submits a request that
general permit coverage be denied to EPA within thirty (30) days of the
agency's receipt of an NOI; and,
b. the land management agency's request includes proposed
additional or revised permit terms which the requesting agency
believes--based upon evidence attached to or cited in the request--are
necessary to protect the natural values of the affected location; and,
c. the land management agency's request concerns a person who
either;
i. seeks to discharge into U.S. waters located in National
Recreation Areas, or in State Refuges, Preserves, Sanctuaries,
Recreation Areas, Parks, or Critical Habitat Areas; or,
ii. is in significant noncompliance with the terms and conditions
of the most recent applicable NPDES permit; or,
iii. intends to discharge into waters designated as impaired or
polluted under the Clean Water Act.
Any person denied coverage under this part must apply for and
obtain coverage under either (1) an individual permit, or (2) another
applicable watershed-specific general permit. Upon receipt of any such
application, EPA will determine whether the permit terms requested by
the land management agency should be included in the applicable permit.
3. The Regional Administrator will notify the operator in writing
by certified mail that a permit application is required. If an operator
fails to submit, in a timely manner, an individual NPDES permit
application as required, then any applicability of this general permit
to the individual NPDES Permittee is automatically terminated at the
end of the day specified for application submittal.
4. Any owner or operator authorized by this permit may request to
be excluded from the coverage of this permit by applying for an
individual permit. The owner or operator shall submit an individual
application (Form 1 and Form 2C or 2D) with reasons supporting the
request to the Regional Administrator.
5. When an individual NPDES permit is issued to an owner or
operator otherwise covered by this permit, the applicability of this
permit to the facility is automatically terminated on the effective
date of the individual permit.
6. When an individual NPDES permit is denied to an owner or
operator otherwise covered by this permit, the Permittee is
automatically reinstated under this permit on the date of such denial,
unless otherwise specified by the Regional Administrator. A new
facility can receive coverage under this general permit by submitting
an NOI. See Permit Part I.A.3. for details.
7. A source excluded from a general permit solely because it
already has an individual permit may request that the individual permit
be revoked and that it be covered by the general permit. Upon
revocation of the individual permit, the general permit shall apply to
the source.
F. Notification Requirements
1. Owners or operators of facilities authorized by this permit
shall submit an NOI to be covered by this permit. The information
required for a complete NOI is in Appendix A of this permit.
Notification must be made:
a. by January 1 of the year of discharge from a new facility or a
facility established since 1988 subject to New Source Performance
Standards (NSPS) that has not previously been covered by a permit; or
b. 90 days prior to discharge from a new facility not subject to
NSPS; or
[[Page 64799]]
c. 90 days prior to the expiration of an existing individual
permit, or
d. 90 days prior to discharge for any other facilities.
2. Facilities covered under this permit that discharge to National
Park System Units (i.e., Parks and Preserves), National Monuments,
Sanctuaries, Wildlife Refuges, Conservation Areas, Wilderness Areas,
Critical Habitat Areas, or waters within the boundaries of areas
designated as wild under the Wild & Scenic Rivers Act that wish to
retain coverage under the general permit until the effective date of a
new permit shall submit an application for an individual permit (EPA
Application Form 2c) no later than January 1, 1999.
3. An Alaska Placer Mine Application (APMA) will be accepted as an
NOI if all the required information from Appendix A, including
information to determine site-specific turbidity limits, if applicable,
is included.
4. The NOI shall be signed by the owner or other signatory
authority in accordance with Permit Part VI.H. (Signatory
Requirements), and a copy shall be retained on site in accordance with
Permit Part IV.F. (Retention of Records). The address for NOI
submission to EPA is: United States Environmental Protection Agency,
Region 10, 1200 Sixth Avenue, WD-134, Seattle, Washington 98101.
5. A copy of the NOI must also be sent to the Alaska Department of
Environmental Conservation (ADEC). The address is: Alaska Department of
Environmental Conservation, 610 University Avenue, Fairbanks, Alaska
99709.
6. Permittees who do not use the APMA procedure for filing their
NOI with Alaska Department of Natural Resources shall send a copy of
the NOI to the Federal, State, or local agency that manages or owns the
land in which the mine is located or proposed to be located. The
addresses are:
Anchorage Area
U.S. Department of the Interior, Bureau of Land Management, 222
West 7th Avenue, #13, Anchorage, AK 99513-7599
U.S. Department of the Interior, Fish and Wildlife Service, 1011 E
Tudor Rd, Anchorage, AK 99503.
U.S. Department of the Interior, National Park Service, 605 West
4th Avenue, Suite 104, Anchorage, AK 99501.
Fairbanks Area
State of Alaska, Department of Fish & Game, 1300 College Road,
Fairbanks, AK 99701-1599.
U.S. Department of the Interior, Bureau of Land Management, 1150
University Avenue, Fairbanks, AK 99709.
U.S. Department of the Interior, Fish and Wildlife Service, 101
12th Avenue, Box 19, Fairbanks, AK 99701.
U.S. Department of the Interior, National Park Service, 250
Cushman, Suite 1A, Fairbanks, AK 99701.
Glennallen Area
U.S. Department of the Interior, Bureau of Land Management, P.O.
Box 147, Glennallen, AK 99588.
U.S. Department of the Interior, National Park Service, Wrangell
St. Alias, P.O. Box 439, Copper Center, AK 99573.
Juneau Area
U.S. Department of the Interior, Fish and Wildlife Service, 3000
Vintage Blvd, Suite 201, Juneau, AK 99801.
U.S. Department of the Interior, National Park Service, P.O. Box
21089, Juneau, AK 99802-1089.
Nome Area
U.S. Department of the Interior, Bureau of Land Management, P.O.
Box 925, Nome, AK 99762.
U.S. Department of the Interior, National Park Service, P.O. Box
220, Nome, AK 99762.
Tok Area
U.S. Department of the Interior, Bureau of Land Management, P.O.
Box 309, Tok, AK 99780.
7. A copy of the general permit will be sent to the Permittee when
it is determined that the facility can be granted coverage under this
general permit. If it is determined that coverage cannot be granted
under this permit, the applicant will be informed of this in writing.
G. Permit Expiration
1. This permit will expire on June 30, 1999. Except as provided in
paragraph F.2., for facilities submitting a new NOI 90 days prior to
expiration of this general permit, the conditions of the expired permit
continue in force until the effective date of a new permit.
2. When a permittee has made timely and sufficient application for
a permit renewal or new permit in accordance with paragraph 1 of this
section, a permit with reference to an activity of a continuing nature
does not expire until the application has been finally determined by
EPA.
II. Effluent Limitations and Monitoring Requirements
A. Effluent Limitations
During the term of this permit, no wastewater discharges are
authorized except as specified below.
1. Effluent Limitations
a. The volume of wastewater which may be discharged shall not
exceed the volume of infiltration, drainage and mine drainage waters
which is in excess of the make-up water required for operation of the
beneficiation process.
b. The wastewater discharged shall not exceed the following:
------------------------------------------------------------------------
Effluent Characteristic Instantaneous Maximum
------------------------------------------------------------------------
Settleable Solids......................... 0.2 ml/l.
Turbidity................................. 5 NTUs above natural
background \1\.
Arsenic, Total Recoverable................ 0.18 g/l \2\.
Effluent Flow............................. [Flow reported in NOI \3\].
------------------------------------------------------------------------
\1\ Subject to Turbidity Mixing Zone outlined in Permit Part II.A.1.c.
\2\ See Part II.A.1.e. for details.
\3\ See Part II.A.1.d. for details.
c. Permittees may request a modified turbidity limit based upon a
mixing zone approved by the Alaska Department of Environmental
Conservation (ADEC) pursuant to 18 AAC 70.032. EPA will approve a
modified turbidity limit proposed by ADEC under this General Permit if
the modified limit and resulting mixing zone are consistent with the
Clean Water Act, EPA's regulations, and 18 AAC 70.032, and provided
that:
i. the modified turbidity limit does not exceed 1500 NTUs;
ii. the modified turbidity limit does not cause turbidity levels to
exceed 100 NTUs in at least one-half of the cross-sectional area of
resident and anadromous fish migration corridors;
iii. the modified turbidity limit is to be calculated using (1) the
7-day, 10-year low flow (7Q10) as the chronic criteria design flow for
the protection of aquatic life; and (2) zero as the value for upstream
turbidity unless site-specific turbidity data are submitted to justify
a higher level;
iv. the modified turbidity limit does not result in a mixing zone
in an area of anadromous fish spawning or resident fish spawning redds
for the fish species listed in 18 AAC 70.032(d)(3)(D)(ii) when eggs or
alevins are present;
v. approved mixing zones do not overlap and the availability and
extent of approved mixing zones is limited as necessary to avoid
potentially harmful cumulative effects on the receiving environment;
and,
vi. the public was provided reasonable notice of, and an
opportunity to comment on, the modified turbidity limit and associated
mixing zone, including site-specific assessments used
[[Page 64800]]
to calculate the limit and zone, prior to their approval by ADEC.
d. The volume of discharge shall not exceed the volume reported by
the permittee on the NOI (Appendix A). If the permittee exceeds that
volume, EPA will not consider the permittee in violation of the flow
limit if:
i. the permittee submits to EPA turbidity samples, flow
measurements/seepage estimates for the discharge, and flow measurements
for the upstream receiving water taken during the period of the flow
exceedence; and,
ii. those samples show that the permittee's discharge did not cause
the standard of 5 NTU above background to be exceeded at the edge of
the mixing zone.
The permittee must report all exceedences of the flow limit,
together with any turbidity and flow/seepage data which the permittee
intends to use to avoid being considered in violation of the flow
limit, pursuant to the reporting requirements in Part IV.G.
e. Permittees may request a modified arsenic limit reflecting the
arsenic concentrations naturally present in the receiving waters as
determined by ADEC. EPA will approve a modified arsenic limit proposed
by ADEC under this General Permit provided:
i. the modified limit is consistent with the Clean Water Act, EPA's
regulations, and state water quality standards regulations;
ii. The arsenic concentration naturally present in the receiving
waters is determined upstream from any human-caused influence on,
discharge to, or addition of material to, the waterbody; and
iii. the public was provided reasonable notice of, and an
opportunity to comment on, the modified arsenic limit, including all
data and other information used to calculate the limit, prior to its
approval by ADEC.
Pending decision on the modified arsenic limit, the limit in part
II.A.1.b. applies.
2. Effluent discharges are prohibited during periods when new water
is allowed to enter the plant site. Additionally, there shall be no
discharge as a result of the intake of new water.
B. Monitoring Requirements
1. During the period beginning on the effective date of this permit
and lasting until the expiration date, the following monitoring shall
be conducted:
----------------------------------------------------------------------------------------------------------------
Effluent characteristic Monitoring location Monitoring frequency Sample type
----------------------------------------------------------------------------------------------------------------
Settleable Solids (ml/l)............. effluent............... once per day each day a Grab
discharge occurs.
Turbidity (NTU)...................... effluent............... (\1\).................. Grab.
background............. (\1\).................. Grab.
Arsenic (g/l)............... effluent............... (\1\).................. Grab \2\.
Flow (gpm)........................... effluent............... (\3\).................. Instantaneous.
----------------------------------------------------------------------------------------------------------------
\1\ See Part II B.3. & 4. for details.
\2\ Analyzed by EPA Method 206.2 with a detection limit of 1.0 g/l.
\3\ See Part II. B.6. for details.
2. Inspection Program
The Permittee shall institute a comprehensive inspection program to
facilitate proper operation and maintenance of the recycle system and
the wastewater treatment system. The Permittee shall conduct a visual
inspection of the site once per day, while on site, during the mining
season. The Permittee shall maintain records of all information
resulting from any inspections in accordance with part IV.F. of this
permit. These records shall include an evaluation of the condition of
all water control devices such as diversion structures and berms and
all solids retention structures including, but not limited to, berms,
dikes, pond structures, and dams. The records shall also include an
assessment of the presence of sediment buildup within the settling
ponds. The Permittee shall examine all ponds for the occurrence of
short circuiting.
3. Turbidity Monitoring
Permittees shall monitor visually for turbidity at the edge of the
mixing zone, or at the point of discharge if no mixing zone is approved
by the State, once for each day during which a discharge occurs. The
Permittee shall maintain records of all information resulting from this
observation in accordance with part IV.F. of this permit.
Permittees that have obtained a site-specific turbidity limit under
Permit Part II.A.1.c. shall take at least one turbidity sample per
discharge for the first two discharges of the season and one sample for
each calendar month in which there is a discharge thereafter.
Those Permittees that do not obtain a site-specific turbidity limit
shall take at least one turbidity sample set (i.e. the discharge and
background samples referenced in Part IV.A.) per discharge for the
first two discharges of the season and one sample set for each calendar
month in which there is a discharge thereafter.
A Permittee who has had less than two days of discharge over the
course of the mining season must submit one sample or sample set for
each day of discharge.
All samples must be taken and stored in the manner set forth in
Attachment 1.
Discharge and background samples shall be taken within a reasonable
time frame. The sample results shall be reported on the annual
Discharge Monitoring report (DMR). Monitoring shall be conducted in
accordance with accepted analytical procedures. See attachment 1 for
sampling protocol.
4. Arsenic Monitoring
Arsenic samples shall be representative of the discharge and shall
be taken at a point prior to entering the receiving stream. Monitoring
shall be conducted in accordance with accepted analytical procedures.
The Permittee shall report the sample results on the DMR. (See
attachment 2 for sampling protocol.) Because the water quality-based
effluent limit for arsenic (0.18 g/l) is below the MDL (1.0
g/l) using EPA Method 206.2, EPA has derived an interim
minimum level of 3 g/l (3.18 x 1.0 g/l = 3.18
rounded to 3) as the quantifiable level. For purposes of reporting
analytical results for arsenic in the DMR, results below the MDL will
be reported as ``less than 1.0 g/l''. Actual analytical
results shall be reported on the DMR when the results are greater than
the MDL. The permittee must also specify in the comment column of the
DMR that Method 206.2 was used for analysis.
The Permittee shall take at least one arsenic sample per discharge
for the first three discharges of the season and one sample for each
calendar month in which there is a discharge thereafter.
[[Page 64801]]
A Permittee who has had less than three days of discharge over the
course of the mining season, must submit one sample for each day of
discharge.
All samples must be taken and stored in the manner set forth in
Attachment 2.
5. Settleable Solids Monitoring
Settleable solids samples shall be representative of the discharge
and shall be taken at a point prior to entering the receiving stream.
Monitoring shall be conducted in accordance with accepted analytical
procedures (Standard Methods, 17th Edition, 1989). The Permittee shall
report the daily sample results on the annual DMR. See attachment 3 for
sampling and analysis protocol.
6. Flow Monitoring
Permittees shall measure the volume of intake water used as make-up
water. The intake flow for each day that water is taken in shall be
reported on the annual DMR.
Effluent flow shall be measured at the discharge prior to entering
the receiving water. Effluent flow shall be measured at least once per
day each day discharge occurs. The operator must also make a good faith
effort to estimate seepage discharging to waters of the United States
each day that seepage occurs. Effluent flow and seepage flow shall be
reported in gallons per minute (gpm). The flow measurements and seepage
estimates, the number of discharge events, and the duration of each
discharge event shall be reported in the annual DMR for each day of the
mining season.
III. Management Practices
A. The flow of surface waters (i.e., creek, river, or stream) into
the plant site shall be interrupted and these waters diverted around
and away to prevent incursion into the plant site.
B. Berms, including any pond walls, dikes, low dams, and similar
water retention structures shall be constructed in a manner such that
they are reasonably expected to reject the passage of water.
C. Measures shall be taken to assure that pollutant materials
removed from the process water and wastewater streams will be retained
in storage areas and not discharged or released to the waters of the
United States.
D. The amount of new water allowed to enter the plant site for use
in material processing shall be limited to the minimum amount required
as makeup water.
E. All water control devices such as diversion structures and berms
and all solids retention structures such as berms, dikes, pond
structures, and dams shall be reasonably maintained to continue their
effectiveness and to protect from failure.
F. The operator shall take whatever reasonable steps are
appropriate to assure that, after the mining season, all unreclaimed
mine areas, including ponds, are in a condition which will not cause
degradation to the receiving waters over those resulting from natural
causes.
G. During each mining season, a permittee may not discharge into
the receiving stream within three hundred feet of any other upstream or
downstream placer mining operation which is discharging or from which
it is apparent that a discharge has occurred. Nor may a permittee
discharge at a point within three hundred feet of the downstream edge
of a mixing zone granted for any other upstream placer mining
operation.
H. Other Requirements
The operator shall maintain fuel handling and storage facilities in
a manner which will prevent the discharge of fuel oil into the
receiving waters or on the adjoining shoreline. A Spill Prevention
Control and Countermeasure Plan (SPCC Plan) shall be prepared and
updated as necessary in accordance with provisions of 40 CFR Part 112
for facilities storing 660 gallons in a single container above ground,
1320 gallons in the aggregate above ground, or 42,000 gallons below
ground.
The Permittee shall indicate on the DMR if an SPCC Plan is
necessary and in place at the site and if changes were made to the Plan
over the previous year.
I. Storm Exemption
The Permittee may qualify for a storm exemption from the
technology-based effluent limitation for flow in Permit Part II.A.1.a.
of this NPDES general permit if the following conditions are met:
1. The treatment system is designed, constructed and maintained to
contain the maximum volume of untreated process wastewater which would
be discharged, stored, contained and used or recycled by the
beneficiation process into the treatment system during a 4-hour
operating period without an increase in volume from precipitation or
infiltration, plus the maximum volume of water runoff (drainage waters)
resulting from a 5-year, 6-hour precipitation event. In computing the
maximum volume of water which would result from a 5-year, 6-hour
precipitation event, the operator must include the volume which should
result from the plant site contributing runoff to the individual
treatment facility.
2. The operator takes all reasonable steps to maintain treatment of
the wastewater and minimize the amount of overflow.
3. The source is in compliance with the Management Practices in
Permit Parts III.A. through G.
4. The operator complies with the notification requirements of
Permit Parts IV.G. and IV.H.
IV. Monitoring and Reporting Requirements
A. Representative Sampling
All samples for monitoring purposes shall be representative of the
monitored activity, 40 CFR 122.41(j). To determine compliance with
permit effluent limitations, ``grab'' samples shall be taken as
established under Permit Part II.B. Specifically, effluent samples for
settleable solids, turbidity, and arsenic shall be collected from the
settling pond outlet or other treatment systems' outlet prior to
discharge to the receiving stream. Additionally, turbidity background
samples shall be taken at a point that is representative of the
receiving stream just above the permittee's mining operation. Those who
receive a site-specific turbidity limit are not required to take
background turbidity samples. Samples for arsenic and turbidity
monitoring must be taken during sluicing at a time when the operation
has reached equilibrium. For example, samples should be taken when
sluice paydirt loading and effluent discharge are constant.
B. Reporting of Monitoring Results
Monitoring results shall be summarized each month and reported on
EPA Form 3320-1 (DMR, OMB #2040-0004, expiration date 5/31/98). The DMR
shall be submitted to the Environmental Protection Agency, Region 10,
1200 Sixth Avenue, Enforcement Section WD-135, Seattle, Washington
98101-3188, no later than November 30 each year. If there is no mining
activity during the year or no wastewater discharge to a receiving
stream, the Permittee shall notify EPA of these facts no later than
November 30 of each year.
The DMR shall also be sent to the ADEC office located in Fairbanks.
The address can be found in permit part I.F.4.
C. Monitoring Procedures
Monitoring must be conducted according to test procedures approved
under 40 CFR Part 136, unless other test
[[Page 64802]]
procedures have been specified in this permit.
D. Additional Monitoring by the Permittee
If the Permittee monitors any pollutant more frequently than
required by this permit, using test procedures approved under 40 CFR
136 or as specified in this permit, the results of this monitoring
shall be included in the calculation and reporting of the data
submitted in the DMR. Such increased frequency shall also be indicated.
E. Records Contents
Records of monitoring information shall include:
1. The date, exact place, and time of sampling or measurements;
2. The individual(s) who performed the sampling or measurements;
3. The date(s) analyses were performed;
4. The individual(s) who performed the analyses;
5. The analytical techniques or methods used; and
6. The results of such analyses.
F. Retention of Records
The Permittee shall retain records 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 three 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. Data collected on-site, copies of DMRs, and a copy of
this NPDES permit must be maintained on-site during the duration of
activity at the permitted location.
G. Notice of Noncompliance Reporting
1. Any noncompliance which may endanger health or the environment
shall be reported as soon as the Permittee becomes aware of the
circumstance. A written submission shall also be provided in the
shortest reasonable period of time after the Permittee becomes aware of
the occurrence.
2. The following occurrences of noncompliance shall also be
reported in writing in the shortest reasonable period of time after the
Permittee becomes aware of the circumstances:
a. Any unanticipated bypass which exceeds any effluent limitation
in the permit (See Permit Part V.G., Bypass of Treatment Facilities.);
or
b. Any upset which exceeds any effluent limitation in the permit
(See Permit Part V.H., Upset Conditions.).
c. Any violation of a maximum daily discharge limitation for any of
the pollutants listed by the Director in the Permit to be reported
within 24 hours.
3. The written submission 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.
4. The Director may waive the written report on a case-by-case
basis if an oral report has been received within 24 hours by the
Enforcement Section in Seattle, Washington, by phone, (206) 553-1213.
5. Reports shall be submitted to the addresses in Permit Part
IV.B., Reporting of Monitoring Results.
H. Other Noncompliance Reporting
Instances of noncompliance not required to be reported in Permit
Part IV.G. above shall be reported at the time that monitoring reports
for Permit Part IV.B. are submitted. The reports shall contain the
information listed in Permit Part IV.G.3.
V. Compliance Responsibilities
A. Duty To Comply
The Permittee must comply with all conditions of this permit. Any
permit noncompliance 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. The Permittee shall give advance notice to the Director
and ADEC of any planned changes in the permitted facility or activity
which may result in noncompliance with permit requirements.
B. Penalties for Violations of Permit Conditions
1. Administrative Penalty. The Act provides that any person who
violates a permit condition implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act shall be subject to an administrative
penalty, not to exceed $10,000 per day for each violation.
2. Civil Penalty. The Act provides that 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 penalty, not to exceed
$25,000 per day for each violation.
3. Criminal Penalties:
a. Negligent Violations. The Act provides that 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. The Act provides that 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. The Act provides that any person who
knowingly violates a permit condition implementing Sections 301, 302,
306, 307, 308, 318, or 405 of the Act, and who knows at that time that
he thereby places another person 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, upon conviction of violating
this subparagraph, be subject to a fine of not more than $1,000,000.
d. False Statements. The Act provides that 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 upon conviction, be
punished by a fine of not more that $10,000, or by imprisonment for not
more than 2 years, or by both.
Except as provided in permit conditions in Permit Part V.G., Bypass
of Treatment Facilities and Permit Part V.H., Upset Conditions, nothing
in this permit shall be construed to relieve the Permittee of the civil
or criminal penalties for noncompliance.
C. 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.
[[Page 64803]]
D. Duty To Mitigate
The Permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the
environment.
E. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the 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 which are installed
by a Permittee only when the operation is necessary to achieve
compliance with the conditions of the permit.
F. Removed Substances
Solids, sludges, or other pollutants removed in the course of
treatment or control of wastewater's shall be disposed of in a manner
so as to prevent any pollutant from such materials from entering waters
of the United States.
G. Bypass of Treatment Facilities
1. Bypass not exceeding limitations. The Permittee may allow any
bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provisions
of paragraphs 2 and 3 of this section.
2. Notice:
a. Anticipated bypass. If the 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.
b. Unanticipated bypass. The Permittee shall submit notice of an
unanticipated bypass as required under Permit Part IV.G., Notice of
Noncompliance Reporting.
3. Prohibition of bypass.
a. Bypass is prohibited and the Director or ADEC may take
enforcement action against a Permittee for a bypass, unless:
i. The bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
ii. 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 should have
been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
iii. The Permittee submitted notices as required under paragraph 2
of this section.
b. The Director and ADEC may approve an anticipated bypass, after
considering its adverse effects, if the Director and ADEC determine
that it will meet the three conditions listed above in paragraph 3.a.
of this section.
H. Upset Conditions
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 the requirements of paragraph 2 of this
section are met. An administrative review of a claim that noncompliance
was caused by an upset does not represent final administrative action
for any specific event. A determination is not final until formal
administrative action is taken for the specific violation(s).
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 the 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
Permit Part IV.G., Notice of Noncompliance Reporting; and
d. The Permittee complied with any remedial measures required under
Permit Part V.D., Duty to Mitigate.
3. Burden of proof. In any enforcement proceeding, the Permittee
seeking to establish the occurrence of an upset has the burden of
proof.
I. Toxic Pollutants
The 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, even if the permit has not yet been modified to
incorporate the requirement.
VI. General Requirements
A. Changes in Discharge of Toxic Substances
Notification shall be provided to the Director and ADEC as soon as
the Permittee knows of, or has reason to believe:
1. That any activity has occurred or will occur which would result
in the discharge, on a routine or frequent basis, of any toxic
pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following ``notification levels'':
a. One hundred micrograms per liter (100 g/l);
b. Two hundred micrograms per liter (200 g/l) for acrolein
and acrylonitrile; five hundred micrograms per liter (500 g/l)
for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one
milligram per liter (1 mg/l) for antimony;
c. Five (5) times the maximum concentration value reported for that
pollutant in the permit application in accordance with 40 CFR
122.21(g)(7); or
d. The level established by the Director in accordance with 40 CFR
122.44(f).
2. That any activity has occurred or will occur which would result
in any discharge, on a non-routine or infrequent basis, of a toxic
pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following ``notification levels'':
a. Five hundred micrograms per liter (500 g/l);
b. One milligram per liter (1 mg/l) for antimony;
c. Ten (10) times the maximum concentration value reported for that
pollutant in the permit application in accordance with 40 CFR
122.21(g)(7); or
d. The level established by the Director in accordance with 40 CFR
122.44(f).
B. Planned Changes
The Permittee shall give notice to the Director and ADEC as soon as
possible of any planned physical alterations or additions to the
permitted facility. Notice is required only when:
1. The alteration or addition to a permitted facility may meet one
of the criteria for determining whether a facility is a new source as
determined in 40 CFR 122.29(b); or
2. The alteration or addition could significantly change the nature
or increase the quantity of pollutants discharged. This notification
applies to pollutants which are subject neither to effluent limitations
in the permit, nor to notification requirements under Permit Part
VI.A.1.
[[Page 64804]]
3. The alteration or addition will significantly change the
location, nature or volume of discharge or the quantity of pollutants,
subject to the effluent limitations, discharged.
C. Anticipated Noncompliance
The Permittee shall also give advance notice to the Director and
ADEC of any planned changes in the permitted facility or activity which
may result in noncompliance with permit requirements.
D. Permit Actions
This permit may be modified, revoked and reissued, or terminated
for cause. The filing of a request by the 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.
E. Duty To Reapply
If the Permittee wishes to continue an activity regulated by this
permit after the expiration date of this permit, the Permittee must
apply for and obtain a new permit. The NOI should be submitted at least
90 days before the expiration date of this permit.
F. Duty To Provide Information
The Permittee shall furnish to the Director and ADEC, within a
reasonable time, any information which the Director 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. The Permittee shall also furnish to the Director or ADEC,
upon request, copies of records required to be kept by this permit.
G. Other Information
When the Permittee becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect
information in a permit application or any report to the Director or
ADEC, it shall promptly submit such facts or information.
H. Signatory Requirements
All applications, reports or information submitted to the Director
and ADEC shall be signed and certified.
1. 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.
2. All reports required by the permit and other information
requested by the Director 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 submitted to the Director and ADEC, and
b. The authorization specified 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, operator
of a well or a well field, 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.)
3. Changes to authorization. If an authorization under paragraph
IV.H.2. 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 paragraph VI.H.2.
must be submitted to the Director and ADEC prior to or together with
any reports, information, or applications to be signed by an authorized
representative.
4. Certification. Any person signing a document under this section
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.''
I. Availability of Reports
Except for data determined to be confidential under 40 CFR Part 2,
all reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Director and
ADEC. As required by the Act, permit applications, permits and effluent
data shall not be considered confidential.
J. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the Permittee from any
responsibilities, liabilities, or penalties to which the Permittee is
or may be subject under Section 311 of the Act.
K. 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.
L. Severability
The provisions of this permit are severable, and 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.
M. State Laws
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the 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.
N. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated facilities
in this final general permit under the Paperwork Reduction Act of 1980,
44 U.S.C. 3501 et seq. The information collection requirements of this
permit have already been approved by the Office of Management and
Budget in submission made for the NPDES permit program under the
provisions of the CWA.
O. Inspection and Entry
The Permittee shall allow the Director, 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:
1. Enter upon the 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;
2. Have access to and copy, at reasonable times, any records that
must
[[Page 64805]]
be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated
or required under this permit; and
4. 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.
P. Transfers
This permit may be automatically transferred to a new permittee if:
1. The current permittee notifies the Director at least 30 days in
advance of the proposed transfer date;
2. 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
3. The Director does not notify the existing permittee and the
proposed new permittee of his or her 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 mentioned in paragraph
2 above.
VII. Reopener Clause
If EPA-approved revisions to Alaska's water quality standards are
made, this permit may be reopened to include limits or requirements
based on the revised standards.
VIII. Definitions
A. ``Bypass'' means the intentional diversion of waste streams
around any portion of a treatment facility.
B. ``Drainage Water'' means incidental surface waters from diverse
sources such as rainfall, snow melt or permafrost melt.
C. ``Expanding Facility'' means any facility increasing in size
such as to affect the discharge but operating within the permit area
covered by its general permit.
D. A ``Grab'' sample is a single sample or measurement taken at a
specific time.
E. ``Hydraulicking'' means both the hydraulic removal of overburden
and the use of hydraulic power to move raw rock to the point of
processing (i.e. to the gate of the sluice or other processing
equipment).
F. ``Infiltration Water'' means that water which permeates through
the earth into the plant site.
G. ``Instantaneous Maximum'' means the maximum value measured at
any time.
H. ``Mine Drainage'' means any water, not associated with active
sluice water, that is drained, pumped or siphoned from a mine.
I. ``Mining Season'' means the time between the start of mining in
a calendar year and when mining has ceased for that same calendar
year.''
J. ``Monitoring Month'' means the period consisting of the calendar
weeks which begin and end in a given calendar month.
K. ``New Facility'' means a facility that has not operated in the
area specified in the NOI prior to the submission of the NOI.
L. ``NTU'' (Nephelometric Turbidity Unit) is an expression of the
optical property that causes light to be scattered and absorbed rather
than transmitted in a straight line through the water.
M. ``Make-up Water'' means that volume of water needed to replace
process water lost due to evaporation and seepage in order to maintain
the quantity necessary for the operation of the beneficiation process.
N. ``New Water'' means water from any discrete source such as a
river, creek, lake or well which is deliberately allowed or brought
into the plant site.
O. ``Plant Site'' means the area occupied by the mine, necessary
haulage ways from the mine to the beneficiation process, the
beneficiation area, the area occupied by the wastewater treatment
storage facilities and the storage areas for waste materials and solids
removed from the wastewaters during treatment.
P. ``Receiving Water'' means waters such as lakes, rivers, streams,
creeks, or any other surface waters which receive wastewater
discharges.
Q. ``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.
R. ``Short circuiting'' means ineffective settling ponds due to
inadequate or insufficient retention characteristics, excessive
sediment deposition, embankment infiltration/percolation, lack of
maintenance, etc.
S. ``Silt and Clay'' are soil particles having a diameter of less
than 0.002 mm (2 microns).
T. ``Turbidity Modification'' means the procedures used to
calculate a higher turbidity limit based on a mass balance equation
which relates upstream receiving water flow and turbidity to effluent
flow and turbidity. The basic form of this equation is:
Q1C1+Q2C2=Q3C3,
Where C1=effluent turbidity;
C2=natural background turbidity (zero, unless data are submitted
to justify a higher value)
C3=receiving water downstream turbidity after mixing where the
allowable increase is 5 NTU above background (i.e. 5 NTU);
Q1=effluent flow
Q2=receiving water flow upstream from the discharge (i.e., 7Q10)
Q3=total receiving water flow downstream from discharge after
complete mixing (Q1+Q2).
U. ``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.
V. ``Wastewater'' means all water used in and resulting from the
beneficiation process (including but not limited to the water used to
move the ore to and through the beneficiation process, the water used
to aid in classification, and the water used in gravity separation),
mine drainage, and infiltration and drainage waters which commingle
with mine drainage or waters resulting from the beneficiation process.
Attachment 1
Turbidity Sampling Protocol
1. Grab samples shall be collected.
2. Samples shall be collected in a sterile one liter polypropylene
or glass container.
3. Samples must be cooled to 4 degrees Celsius (iced).
4. Samples must be analyzed within 48 hours of sample collection.
Attachment 2
Arsenic Sampling Protocol
1. Grab samples shall be collected.
2. Samples shall be collected in a sterile one liter polypropylene
or glass container.
3. Samples must be cooled to 4 degrees Celsius (iced).
4. Samples must be acidified promptly with nitric acid (HNO3), to a
pH less than 2.*
---------------------------------------------------------------------------
* Samples that are not acidified promptly must be sent to a
laboratory within 48 hours of sample collection.
---------------------------------------------------------------------------
5. Samples must be sent to a laboratory for analysis within 60
days.
6. Samples must be acidified for at least 16 hours prior to
analysis.
[[Page 64806]]
Attachment 3
Settleable Solids Sampling Protocol
1. Grab samples shall be collected.
2. Samples shall be collected in a sterile one liter polypropylene
or glass container.
3. Samples must be cooled to 4 degrees Celsius (iced), if analysis
is not performed immediately.
4. Samples must be analyzed within 48 hours of sample collection.
Settleable Solids Analysis Protocol
1. Fill an Imhoff cone to the liter mark with a thoroughly mixed
sample.
2. Settle for 45 minutes, then gently stir the sides of the cone
with a rod or by gently spinning the cone.
3. Settle 15 minutes longer, then record the volume of settleable
matter in the cone as milliliters per liter. Do not estimate any
floating material. The lowest measurable level on the Imhoff cone is
0.1 ml/l. Any settleable material below the 0.1 ml/l mark shall be
recorded as trace.
Authorization to Discharge Under the National Pollutant Discharge
Elimination System for Alaskan Medium-Size Suction Dredge Placer Miners
[General Permit No.: AKG-37-1000]
In compliance with the provisions of the Clean Water Act (CWA), 33
U.S.C. 1251 et seq., as amended by the Water Quality Act of 1987,
Public Law 100-4, the ``Act'', owners and operators of facilities
engaged in the processing of placer gold by suction dredging are
authorized to discharge to waters of the United States, in accordance
with effluent limitations, monitoring requirements, and other
conditions set forth herein.
A COPY OF THIS GENERAL PERMIT MUST BE KEPT AT THE SITE WHERE
DISCHARGES OCCUR.
The original version of this permit became effective June 30, 1994.
This permit as modified shall become effective April 7, 1997.
This permit and the authorization to discharge shall expire on June
30, 1999.
Signed this 18th day of November, 1996.
Philip G. Millam,
Director, Office of Water, Region 10, U.S. Environmental Protection
Agency.
Table of Contents
Cover Page
I. Coverage Under this Permit
A. Coverage and Eligibility
B. Authorized Placer Mining Operations
C. Prohibitions
D. Additional Requirements
E. Requiring an Individual Permit
F. Notification Requirements
G. Permit Expiration
II. Effluent Limitations and Monitoring Requirements
A. Effluent Limitations
B. Monitoring Requirements
III. Management Practices
IV. Monitoring and Reporting Requirements
A. Representative Sampling
B. Reporting of Monitoring Results
C. Monitoring Procedures.
D. Additional Monitoring by the Permittee
E. Records Contents
F. Retention of Records
G. Notice of Noncompliance Reporting
H. Other Noncompliance Reporting
V. Compliance Responsibilities
A. Duty to Comply
B. Penalties for Violations of Permit Conditions
C. Need to Halt or Reduce Activity not a Defense
D. Duty to Mitigate
E. Proper Operation and Maintenance
F. Removed Substances
G. Bypass of Treatment Facilities
H. Upset Conditions
I. Toxic Pollutants
VI. General Requirements
A. Changes in Discharge of Toxic Substances
B. Planned Changes
C. Anticipated Noncompliance
D. Permit Actions
E. Duty to Reapply
F. Duty to Provide Information
G. Other Information
H. Signatory Requirements
I. Availability of Reports
J. Oil and Hazardous Substance Liability
K. Property Rights
L. Severability
M. State Laws
N. Paperwork Reduction Act
O. Inspection and Entry
P. Transfers.
VII. Definitions
I. Coverage Under This Permit
A. Coverage and Eligibility
1. Existing Facilities (those suction dredge facilities having
individual National Pollutant Discharge Elimination System [NPDES]
permits or coverage under the existing Alaska placer miner general
permit): Upon the submittal of a Notice of Intent (NOI, OMB #2040-0086,
expiration date 8/31/98) to gain coverage under this permit, existing
facilities which meet the criteria for coverage under Part I of this
permit will be granted coverage according to Permit Part E.5.
2. Pending Applications: Upon submittal of an NOI, all suction
dredge facilities which have submitted applications in accordance with
40 CFR 122.21(a) and which meet the criteria for coverage under this
permit will be granted coverage according to Permit Part I.E.5.
3. Expanding Facilities: Suction dredge facilities that contemplate
expanding shall submit a new NOI that describes the new discharge. The
current permit will be terminated and a new permit, reflecting the
changes, issued in its place if the facility meets all the necessary
requirements of coverage.
4. Coastal Zone Facilities: Suction dredge facilities located in
the coastal zone as determined by the Alaska Coastal Zone Management
Act shall submit, with their Notice of Intent (NOI), an individual
consistency determination from Alaska Division of Governmental
Coordination (ADGC) unless ADGC makes an overall determination on this
General Permit after its issuance.
B. Authorized Placer Mining Operations
1. This permit authorizes:
a. Placer mining by suction dredges with intake nozzles less than
or equal to 8 inches and greater than 4 inches; and
b. Placer mining by suction dredges with intake nozzles equal to 10
inches for which Notices of Intent were received by August 13, 1996.
2. Hose size shall not be greater than 2 inches larger than the
nozzle size. If a constrictor ring is used, nozzle size may be
determined based on the size of the constrictor ring, provided that the
ring is of solid, one-piece construction with no openings other than
the intake and openings not greater than one inch between the
constricting ring and nozzle, and that the ring is welded or otherwise
permanently attached over the end of the intake nozzle.
C. Prohibitions
1. This general permit does not apply to facilities for which
Notices of Intent were received after August 13, 1996, which are
proposed to be located in National Parks System Units (i.e., Parks and
Preserves), National Monuments, Sanctuaries, Wildlife Refuges,
Conservation Areas, Wilderness Areas, Critical Habitat Areas, or waters
within the boundaries of areas designated as wild under the Wild &
Scenic Rivers Act.
2. This permit does not apply to wetlands designated in the 1995
Anchorage Wetlands Management Plan.
D. Additional Requirements
1. Many streams and stream reaches in Alaska have been designated
as part of the federal wild and scenic rivers system or as Conservation
System Units (CSUs) by the federal government. Permittees should
contact the district offices of the federal agencies that administer
the designated area for additional restrictions that may apply to
operating within the area.
[[Page 64807]]
2. Many streams in Alaska where placer mining occurs have been
designated by the Alaska Department of Fish and Game (ADF&G) as
anadromous fish streams. Placer mining activities in these streams
require an ADF&G Fish Habitat Permit which may include additional
restrictions. The ``Atlas to the Catalog of Waters Important for the
Spawning, Rearing, or Migration of Anadromous Fish'' lists the streams
in the State which require prior ADF&G authorization. In addition,
placer mining activities in resident fish streams require an ADF&G Fish
Habitat Permit if the proposed activity will block or impede the
efficient passage of fish. Permittees operating in anadromous or
resident fish streams should contact the ADF&G to determine permitting
requirements and additional restrictions that may apply.
E. Requiring an Individual Permit
1. The Regional Administrator may require any person authorized by
this permit to apply for and obtain an individual NPDES permit when:
a. The single discharge or the cumulative number of discharges is/
are a significant contributor of pollution;
b. The discharger is not in compliance with the terms and
conditions of the general permit;
c. A change has occurred in the availability of demonstrated
technology or practices for the control or abatement of pollutants
applicable to the point source;
d. Effluent limitations guidelines are subsequently promulgated for
the point sources covered by the general permit;
e. A Water Quality Management plan containing requirements
applicable to such point sources is approved;
f. An Individual Control Strategy (ICS) is required under Section
304(l) of the Act;
g. A Total Maximum Daily Load (TMDL) and corresponding wasteload
allocation has been completed for a waterbody or a segment of a
waterbody;
h. A review of the facility shows that it is subject to the State
of Alaska's anti-degradation policy; or
i. There are other federal or State legislation, rules or
regulations pertaining to a site directly or indirectly related to
water quality.
2. The Regional Administrator may deny coverage under this permit
in the following circumstances:
a. A land management agency with jurisdiction over affected
portions of the receiving water, bed or affected uplands submits a
request that general permit coverage be denied to EPA within thirty
(30) days of the agency's receipt of an NOI; and,
b. The land management agency's request includes proposed
additional or revised permit terms which the requesting agency
believes--based upon evidence attached to or cited in the request--are
necessary to protect the natural values of the affected location; and,
c. The land management agency's request concerns a person who
either;
i. Seeks to discharge into U.S. waters located in National
Recreation Areas, or in State Refuges, Preserves, Sanctuaries,
Recreation Areas, Parks, or Critical Habitat Areas; or,
ii. Is in significant noncompliance with the terms and conditions
of the most recent applicable NPDES permit; or,
iii. Intends to discharge into waters designated as impaired or
polluted under the Clean Water Act.
Any person denied coverage under this part must apply for and
obtain coverage under either (1) an individual permit, or (2) another
applicable watershed-specific general permit. Upon receipt of any such
application, EPA will determine whether the permit terms requested by
the land management agency should be included in the applicable permit.
3. The Regional Administrator will notify the operator in writing
by certified mail that a permit application is required. If an operator
fails to submit, in a timely manner, an individual NPDES permit
application as required, then any applicability of this general permit
to the individual NPDES Permittee is automatically terminated at the
end of the day specified for application submittal.
4. Any owner or operator authorized by this permit may request to
be excluded from the coverage of this permit by applying for an
individual permit. The owner or operator shall submit an individual
application (Form 1 and Form 2C or 2D) with reasons supporting the
request to the Regional Administrator.
5. When an individual NPDES permit is issued to an owner or
operator otherwise covered by this permit, the applicability of this
permit to the facility is automatically terminated on the effective
date of the individual permit.
6. When an individual NPDES permit is denied to an owner or
operator otherwise covered by this permit, the Permittee is
automatically reinstated under this permit on the date of such denial,
unless otherwise specified by the Regional Administrator. A new
facility can receive coverage under this general permit by submitting
an NOI. See Permit Part I.A.3. for details.
7. A source excluded from a general permit solely because it
already has an individual permit may request that the individual permit
be revoked and that it be covered by the general permit. Upon
revocation of the individual permit, the general permit shall apply to
the source.
F. Notification Requirements
1. Owners or operators of facilities authorized by this permit
shall submit an NOI to be covered by this permit. The information
required for a complete NOI is in Appendix A of this permit.
Notification must be made:
a. 90 days prior to discharge from a new facility; or
b. 90 days prior to the expiration of an existing individual
permit, or
c. 90 days prior to discharge for any other facilities.
Authorization to discharge requires written notification from EPA
that coverage has been granted and that a specific permit number has
been assigned to the operation.
2. Facilities covered under this permit that discharge to National
Park System Units (i.e., Parks and Preserves), National Monuments,
Sanctuaries, Wildlife Refuges, Conservation Areas, Wilderness Areas,
Critical Habitat Areas, or waters within the boundaries of areas
designated as wild under the Wild & Scenic Rivers Act that wish to
retain coverage under the general permit until the effective date of a
new permit shall submit an application for an individual permit (EPA
Application Form 2c) no later than January 1, 1999.
3. An Alaska Placer Mine Application (APMA) will be accepted as an
NOI if all the required information is included.
4. The NOI shall be signed by the owner or other signatory
authority in accordance with Permit Part VI.H. (Signatory
Requirements), and a copy shall be retained on site in accordance with
Permit Part IV.F. (Retention of Records). The address for NOI
submission to EPA is: United States Environmental Protection Agency,
Region 10, 1200 Sixth Avenue, WD-134, Seattle, Washington 98101.
5. A copy of the NOI must also be sent to the Alaska Department of
Environmental Conservation (ADEC). The address is: Alaska Department of
Environmental Conservation, 610 University Avenue, Fairbanks, Alaska
99709.
6. Permittees who do not use the APMA procedure for filing their
NOI with Alaska Department of Natural Resources shall send a copy of
the NOI to
a. The Federal, State, or local agency that manages or owns the
land in which
[[Page 64808]]
the mine is located or proposed to be located the addresses are:
Anchorage Area
U.S. Department of Interior, Bureau of Land Management, 222 West
7th Avenue, #13, Anchorage, AK 99513-7599
U.S. Department of Interior, Fish and Wildlife Service, 1011 E
Tudor Rd., Anchorage, AK 99503
U.S. Department of Interior, National Park Service, 605 West 4th
Avenue, Suite 104, Anchorage, AK 99501
Fairbanks Area
State of Alaska, Department of Fish & Game, 1300 College Road,
Fairbanks, AK 99701-1599
U.S. Department of Interior, Bureau of Land Management, 1150
University Avenue, Fairbanks, AK 99709
U.S. Department of Interior, Fish and Wildlife Service, 101 12th
Avenue, Box 19, Fairbanks, AK 99701
U.S. Department of Interior, National Park Service, 250 Cushman,
Suite 1A, Fairbanks, AK 99701
Glennallen Area
U.S. Department of Interior, Bureau of Land Management, P.O. Box
147, Glennallen, AK 99588
U.S. Department of Interior, National Park Service, Wrangell St.
Alias, P.O. Box 439, Copper Center, AK 99573
Juneau Area
U.S. Department of Interior, Fish and Wildlife Service, 3000
Vintage Blvd, Suite 201, Juneau, AK 99801
U.S. Department of Interior, National Park Service, P.O. Box 21089,
Juneau, AK 99802-1089
Nome Area
U.S. Department of Interior, Bureau of Land Management, P.O. Box
925, Nome, AK 99762
U.S. Department of Interior, National Park Service, P.O. Box 220,
Nome, AK 99762
Tok Area
U.S. Department of Interior, Bureau of Land Management, P.O. Box
309, Tok, AK 99780
b. The regional office of the Alaska Department of Fish & Game
(ADFG) nearest the location of the dredge. The addresses are:
Anchorage Area
333 Raspberry Road, Anchorage, AK 99518
Glennallen Area
P.O. Box 47, Glennallen, AK 99588-0047
Juneau Area
P.O. Box 25526, Juneau, AK 99802-5526
Nome Area
Pouch 1148, Nome, AK 99762
Tok Area
P.O. Box 779, Tok, AK 99780
7. A copy of the general permit will be sent to the Permittee when
it is determined that the facility can be granted coverage under this
general permit. If it is determined that coverage cannot be granted
under this permit, the applicant will be informed of this in writing.
G. Permit Expiration
1. This permit will expire on June 30, 1999. Except as provided in
paragraph F.2., for facilities submitting a new NOI 90 days prior to
expiration of this general permit, the conditions of the expired permit
continue in force until the effective date of a new permit.
2. When a permittee has made timely and sufficient application for
a permit with reference to an activity of a continuing nature does not
expire until the application has been finally determined by EPA.
II. Effluent Limitations and Monitoring Requirements
A. Effluent Limitations
1. At all points in the receiving stream 500 feet downstream of the
dredge's discharge point, the maximum allowable increase in turbidity
over the natural receiving stream turbidity while operating is 5 NTUs.
2. A visual increase in turbidity (any cloudiness or muddiness) 500
feet downstream of the suction dredge during operations is considered a
violation of this permit.
3. If noticeable turbidity does occur 500 feet downstream of the
work site, operation of the suction dredge must decrease or cease so
that a violation as defined above does not exist.
B. Monitoring Requirements
1. Suction dredge operations shall visually monitor for turbidity
as described in Permit Part II.A. once per day of operation, in the
following manner: Operators shall mark the point 500 feet downstream of
the point of discharge from the suction dredge. With this 500 foot
point marked, individuals who conduct visual monitoring shall observe
the turbidity plume, where visible, immediately downstream until they
reach either the point at which the turbidity plume is no longer
visible, or the 500 foot mark, which ever point comes first. Monitors
shall record daily all turbidity monitoring results. The Permittee
shall maintain records of all information resulting from any visual
inspections.
2. The Permittee will report the period of suction dredging on the
DMR. Visual violation occurrences will also be reported on the DMR
along with the measures taken to comply with the provisions of Permit
Part II.A.3.
III. Management Practices
A. Dredging is permitted only within the active stream channel.
Dredging within the active stream channel which results in undercutting
or excavating, or which otherwise results in erosion of a stream bank,
is prohibited.
B. Dredging and discharging are prohibited within 500 feet of
locations where fish are spawning or where fish eggs or alevins are
known to exist at the time dredging occurs. Each Permittee shall
consult the regional office of the Alaska Department of Fish and Game
(ADFG) for the region in which the Permittee proposes to operate a
dredge in order to obtain the information necessary to comply with this
BMP. Each Permittee shall report the information obtained from ADFG,
and the name and title of the official contacted, to EPA concurrently
with the NOI.
C. Winches or other motorized equipment shall not be used to move
boulders, logs, or other natural instream obstructions.
D. No wheeled or tracked equipment may be used instream.
E. Suction dredges shall not operate within 800 feet of:
1. Another dredging operation occurring simultaneously or,
2. A location where it is apparent that another operation has taken
place.
F. Dredging of concentrated silt and clay is prohibited.
G. Care shall be taken by the operator during refueling of the
dredge to prevent spillage into public waters or to groundwater.
IV. Monitoring and Reporting Requirements
A. Representative Sampling
All samples for monitoring purposes shall be representative of the
monitored activity, 40 CFR 122.41 (j).
B. Reporting of Monitoring Results
Monitoring results shall be summarized each month and reported on
EPA Form 3320-1 (DMR, OMB #2040-0004, expiration date 5/31/98). The DMR
shall be submitted to the Environmental Protection Agency, Region 10,
1200 Sixth Avenue, Enforcement Section WD-135, Seattle, Washington
98101-3188, no later than November 30 each year. If there is no mining
activity during the year or no wastewater discharge to a receiving
stream, the Permittee shall notify EPA of
[[Page 64809]]
these facts no later than November 30 of each year.
The DMR shall also be sent to the ADEC office located in Fairbanks.
The address can be found in permit part I.E.4.
C. Monitoring Procedures
Monitoring must be conducted according to test procedures approved
under 40 CFR Part 136, unless other test procedures have been specified
in this permit.
D. Additional Monitoring by the Permittee
If the Permittee monitors any pollutant more frequently than
required by this permit, using test procedures approved under 40 CFR
136 or as specified in this permit, the results of this monitoring
shall be included in the calculation and reporting of the data
submitted in the DMR. Such increased frequency shall also be indicated.
E. Records Contents
Records of monitoring information shall include:
1. The date, exact place, and time of sampling or measurements;
2. The individual(s) who performed the sampling or measurements;
3. The date(s) analyses were performed;
4. The individual(s) who performed the analyses;
5. The analytical techniques or methods used; and
6. The results of such analyses.
F. Retention of Records
The Permittee shall retain records 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 three 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. Data collected on-site, copies of DMRs, and a copy of
this NPDES permit must be maintained on-site during the duration of
activity at the permitted location.
G. Notice of Noncompliance Reporting
1. Any noncompliance which may endanger health or the environment
shall be reported as soon as the Permittee becomes aware of the
circumstance. A written submission shall also be provided in the
shortest reasonable period of time after the Permittee becomes aware of
the occurrence.
2. The following occurrences of noncompliance shall also be
reported in writing in the shortest reasonable period of time after the
Permittee becomes aware of the circumstances:
a. Any unanticipated bypass which exceeds any effluent limitation
in the permit (See Permit Part V.G., Bypass of Treatment Facilities.);
or
b. Any upset which exceeds any effluent limitation in the permit
(See Permit Part V.H., Upset Conditions.).
c. Any violation of a maximum daily discharge limitation for any of
the pollutants listed by the Director in the Permit to be reported
within 24 hours.
3. The written submission 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;
d. Steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance;
4. The Director may waive the written report on a case-by-case
basis if an oral report has been received within 24 hours by the
Enforcement Section in Seattle, Washington, by phone, (206) 553-1213.
5. Reports shall be submitted to the addresses in Permit Part
IV.B., Reporting of Monitoring Results.
H. Other Noncompliance Reporting
Instances of noncompliance not required to be reported in Permit
Part IV.G. above shall be reported at the time that monitoring reports
for Permit Part IV.B. are submitted. The reports shall contain the
information listed in Permit Part IV.G.3.
V. Compliance Responsibilities
A. Duty to Comply
The Permittee must comply with all conditions of this permit. Any
permit noncompliance 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. The Permittee shall give advance notice to the Director
and ADEC of any planned changes in the permitted facility or activity
which may result in noncompliance with permit requirements.
B. Penalties for Violations of Permit Conditions
1. Administrative Penalty. The Act provides that any person who
violates a permit condition implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act shall be subject to an administrative
penalty, not to exceed $10,000 per day for each violation.
2. Civil Penalty. The Act provides that 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 penalty, not to exceed
$25,000 per day for each violation.
3. Criminal Penalties:
a. Negligent Violations. The Act provides that 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. The Act provides that 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. The Act provides that any person who
knowingly violates a permit condition implementing Sections 301, 302,
306, 307, 308, 318, or 405 of the Act, and who knows at that time that
he thereby places another person 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, upon conviction of violating
this subparagraph, be subject to a fine of not more than $1,000,000.
d. False Statements. The Act provides that 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 upon conviction, be
punished by a fine of not more that $10,000, or by imprisonment for not
more than 2 years, or by both.
Except as provided in permit conditions in Permit Part V.G., Bypass
of Treatment Facilities and Permit Part V.H., Upset Conditions, nothing
in this permit shall be construed to relieve the Permittee of the civil
or criminal penalties for noncompliance.
[[Page 64810]]
C. 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.
D. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the
environment.
E. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the 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 which are installed
by a Permittee only when the operation is necessary to achieve
compliance with the conditions of the permit.
F. Removed Substances
Solids, sludges, or other pollutants removed in the course of
treatment or control of wastewater's shall be disposed of in a manner
so as to prevent any pollutant from such materials from entering waters
of the United States.
G. Bypass of Treatment Facilities
1. Bypass not exceeding limitations. The Permittee may allow any
bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provisions
of paragraphs 2 and 3 of this section.
2. Notice:
a. Anticipated bypass. If the 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.
b. Unanticipated bypass. The Permittee shall submit notice of an
unanticipated bypass as required under Permit Part IV.G., Notice of
Noncompliance Reporting.
3. Prohibition of bypass.
a. Bypass is prohibited and the Director or ADEC may take
enforcement action against a Permittee for a bypass, unless:
i. The bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
ii. 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 should have
been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
iii. The Permittee submitted notices as required under paragraph 2
of this section.
b. The Director and ADEC may approve an anticipated bypass, after
considering its adverse effects, if the Director and ADEC determine
that it will meet the three conditions listed above in paragraph 3.a.
of this section.
H. Upset Conditions
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 the requirements of paragraph 2 of this
section are met. An administrative review of a claim that noncompliance
was caused by an upset does not represent final administrative action
for any specific event. A determination is not final until formal
administrative action is taken for the specific violation(s).
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 the 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
Permit Part IV.G., Notice of Noncompliance Reporting; and
d. The Permittee complied with any remedial measures required under
Permit Part V.D., Duty to Mitigate.
3. Burden of proof. In any enforcement proceeding, the Permittee
seeking to establish the occurrence of an upset has the burden of
proof.
I. Toxic Pollutants
The 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, even if the permit has not yet been modified to
incorporate the requirement.
VI. General Requirements
A. Changes in Discharge of Toxic Substances
Notification shall be provided to the Director and ADEC as soon as
the Permittee knows of, or has reason to believe:
1. That any activity has occurred or will occur which would result
in the discharge, on a routine or frequent basis, of any toxic
pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following ``notification levels'':
a. One hundred micrograms per liter (100 g/l);
b. Two hundred micrograms per liter (200 g/l) for acrolein
and acrylonitrile; five hundred micrograms per liter (500 g/l)
for 2,4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one
milligram per liter (1 mg/l) for antimony;
c. Five (5) times the maximum concentration value reported for that
pollutant in the permit application in accordance with 40 CFR
122.21(g)(7); or
d. The level established by the Director in accordance with 40 CFR
122.44(f).
2. That any activity has occurred or will occur which would result
in any discharge, on a non-routine or infrequent basis, of a toxic
pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following ``notification levels'':
a. Five hundred micrograms per liter (500 g/l);
b. One milligram per liter (1 mg/l) for antimony;
c. Ten (10) times the maximum concentration value reported for that
pollutant in the permit application in accordance with 40 CFR
122.21(g)(7); or
d. The level established by the Director in accordance with 40 CFR
122.44(f).
B. Planned Changes
The Permittee shall give notice to the Director and ADEC as soon as
possible of any planned physical alterations or additions to the
permitted facility. Notice is required only when:
1. The alteration or addition to a permitted facility may meet one
of the criteria for determining whether a facility is a new source as
determined in 40 CFR 122.29(b); or
[[Page 64811]]
2. The alteration or addition could significantly change the nature
or increase the quantity of pollutants discharged. This notification
applies to pollutants which are subject neither to effluent limitations
in the permit, nor to notification requirements under Permit Part
VI.A.1.
3. The alteration or addition will significantly change the
location, nature or volume of discharge or the quantity of pollutants,
subject to the effluent limitations, discharged.
C. Anticipated Noncompliance
The Permittee shall also give advance notice to the Director and
ADEC of any planned changes in the permitted facility or activity which
may result in noncompliance with permit requirements.
D. Permit Actions
This permit may be modified, revoked and reissued, or terminated
for cause. The filing of a request by the 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.
E. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this
permit after the expiration date of this permit, the Permittee must
apply for and obtain a new permit. The NOI should be submitted at least
90 days before the expiration date of this permit.
F. Duty to Provide Information
The Permittee shall furnish to the Director and ADEC, within a
reasonable time, any information which the Director 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. The Permittee shall also furnish to the Director or ADEC,
upon request, copies of records required to be kept by this permit.
G. Other Information
When the Permittee becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect
information in a permit application or any report to the Director or
ADEC, it shall promptly submit such facts or information.
H. Signatory Requirements
All applications, reports or information submitted to the Director
and ADEC shall be signed and certified.
1. 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.
2. All reports required by the permit and other information
requested by the Director 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 submitted to the Director and ADEC, and
b. The authorization specified 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, operator
of a well or a well field, 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.)
3. Changes to authorization. If an authorization under paragraph
IV.H.2. 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 paragraph VI.H.2.
must be submitted to the Director and ADEC prior to or together with
any reports, information, or applications to be signed by an authorized
representative.
4. Certification. Any person signing a document under this section
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.''
I. Availability of Reports
Except for data determined to be confidential under 40 CFR Part 2,
all reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Director and
ADEC. As required by the Act, permit applications, permits and effluent
data shall not be considered confidential.
J. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the Permittee from any
responsibilities, liabilities, or penalties to which the Permittee is
or may be subject under Section 311 of the Act.
K. 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.
L. Severability
The provisions of this permit are severable, and 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.
M. State Laws
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the 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.
N. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated facilities
in this final general permit under the Paperwork Reduction Act of 1980,
44 U.S.C. 3501 et seq. The information collection requirements of this
permit have already been approved by the Office of Management and
Budget in submission made for the NPDES permit program under the
provisions of the CWA.
O. Inspection and Entry
The Permittee shall allow the Director, 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:
[[Page 64812]]
1. Enter upon the 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;
2. Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated
or required under this permit; and
4. 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.
P. Transfers
This permit may be automatically transferred to a new permittee if:
1. The current permittee notifies the Director at least 30 days in
advance of the proposed transfer date;
2. 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
3. The Director does not notify the existing permittee and the
proposed new permittee of his or her 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 mentioned in paragraph
2 above.
VII. Definitions
A. ``Active Stream Channel'' means that part of the channel that is
below the level of the water. Unvegetated gravel bars are considered
part of the active stream channel.
B. ``Bypass'' means the intentional diversion of waste streams
around any portion of a treatment facility.
C. ``Expanding Facility'' means any facility increasing in size
such as to affect the discharge but operating within the permit area
covered by its general permit.
D. A ``Grab'' sample is a single sample or measurement taken at a
specific time.
E. ``Mining Season'' means the time between the start of mining in
a calendar year and when mining has ceased for that same calendar
year.''
F. ``New Facility'' means a facility that has not operated in the
area specified in the NOI prior to the submission of the NOI.
G. ``Receiving Water'' means waters such as lakes, rivers, streams,
creeks, or any other surface waters which receive wastewater
discharges.
H. ``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.
I. ``Silt and Clay'' are soil particles having a diameter of less
than 0.002 mm (2 microns).
J. ``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.
Authorization to Discharge Under the National Pollutant Discharge
Elimination System for Alaskan Small Suction Dredge Placer Miners
[General Permit No.: AKG-37-5000]
In compliance with the provisions of the Clean Water Act (CWA), 33
U.S.C. Sec. 1251 et seq., as amended by the Water Quality Act of 1987,
Public Law 100-4, the ``Act'', owners and operators of facilities
engaged in the processing of placer gold are authorized to discharge to
waters of the United States, in accordance with effluent limitation,
monitoring requirements, and other conditions set forth herein.
A COPY OF THIS GENERAL PERMIT MUST BE KEPT AT THE SITE WHERE
DISCHARGES OCCUR.
This permit as shall become effective on April 7, 1997.
This permit and the authorization to discharge shall expire on
April 9, 2002.
Signed this 18th day of November, 1996.
Philip G. Millam,
Director, Office of Water, Region 10, U.S. Environmental Protection
Agency.
I. Coverage Under This Permit
A. Coverage and Eligibility
Upon the submittal of a Notice of Intent (NOI) to Alaska Department
of Fish and Game to gain coverage under this permit, facilities which
meet the criteria for coverage under Part I of this permit will be
granted coverage.
B. Authorized Placer Mining Operations
This permit authorizes placer mining by suction dredges with intake
nozzles less than or equal to 4 inches. Hose size shall not be greater
than 2 inches larger than the nozzle size. If a constrictor ring is
used, nozzle size may be determined based on the size of the
constrictor ring, provided that the ring is of solid, one-piece
construction with no openings other than the intake and openings not
greater than one inch between the constricting ring and nozzle, and
that the ring is welded or otherwise permanently attached over the end
of the intake nozzle.
C. Additional Requirements
Many streams and stream reaches in Alaska have been designated as
part of the federal wild and scenic rivers system or as Conservation
System Units (CSUs) by the federal government. Permittees should
contact the district offices of the federal agencies that administer
the designated area for additional restrictions that may apply to
operating within the area.
D. Prohibitions
1. This general permit does not apply to facilities located or
proposed to be located in National Parks System Units (i.e., Parks and
Preserves), National Monuments, Sanctuaries, Wildlife Refuges,
Conservation Areas, Wilderness Areas, Critical Habitat Areas, or waters
within the boundaries of areas designated as wild under the Wild &
Scenic Rivers Act.
2. This permit does not apply to wetlands designated in the 1995
Anchorage Wetlands Management Plan.
E. Permit Expiration
This permit will expire on April 9, 2002. For facilities submitting
a new NOI 90 days prior to expiration of this general permit, the
conditions of the expired permit continue in force until the effective
date of a new permit.
II. Management Practices
A. Streambanks shall not be mined or otherwise disturbed. Dredging
is permitted within only the existing wetted perimeter (waterline) in
the active stream channel. This provision does not apply to suction
dredges operating within mine cuts located above the ordinary high
water line or disconnected ponds and meander cutoffs.
B. Dredging and discharging are prohibited in locations where fish
are spawning or where fish eggs or alevins are known to exist at the
time dredging occurs. Each Permittee shall consult the regional office
of the Alaska Department of Fish & Game (ADFG) for the region in which
the Permittee proposes to operate a dredge in order to obtain the
[[Page 64813]]
information necessary to comply with this BMP.
C. Winches or other motorized equipment shall not be used to move
boulders, logs, or other natural instream obstructions.
D. No wheeled or tracked equipment may be used instream.
E. No damming or diversions are authorized.
F. Dredging of concentrated silt and clay should be avoided. The
permittee shall use reasonable care to avoid dredging silt and clay
materials that would result in a significant increase in turbidity.
Reasonable care includes moving the dredge to a new location, or
reducing the volume of effluent discharged by limiting the operating
speed of the suction dredge.
III. Compliance Responsibilities
A. Duty to Comply
The Permittee must comply with all conditions of this permit. Any
permit noncompliance 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. The Permittee shall give advance notice to the Director
and ADEC of any planned changes in the permitted facility or activity
which may result in noncompliance with permit requirements.
B. Penalties for Violations of Permit Conditions
1. Administrative Penalty. The Act provides that any person who
violates a permit condition implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act shall be subject to an administrative
penalty, not to exceed $10,000 per day for each violation.
2. Civil Penalty. The Act provides that 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 penalty, not to exceed
$25,000 per day for each violation.
3. Criminal Penalties:
a. Negligent Violations. The Act provides that 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. The Act provides that 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. The Act provides that any person who
knowingly violates a permit condition implementing Sections 301, 302,
306, 307, 308, 318, or 405 of the Act, and who knows at that time that
he thereby places another person 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, upon conviction of violating
this subparagraph, be subject to a fine of not more than $1,000,000.
d. False Statements. The Act provides that 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 upon conviction, be
punished by a fine of not more that $10,000, or by imprisonment for not
more than 2 years, or by both.
C. 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.
D. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the
environment.
IV. General Requirements
A. Anticipated Noncompliance
The Permittee shall also give advance notice to the Director and
ADEC of any planned changes in the permitted facility or activity which
may result in noncompliance with permit requirements.
B. Permit Actions
This permit may be modified, revoked and reissued, or terminated
for cause. The filing of a request by the 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.
C. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this
permit after the expiration date of this permit, the Permittee must
apply for and obtain a new permit. The NOI should be submitted at least
90 days before the expiration date of this permit.
D. Duty to Provide Information
The Permittee shall furnish to the Director and ADEC, within a
reasonable time, any information which the Director 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.
E. Other Information
When the Permittee becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect
information in a permit application or any report to the Director or
ADEC, it shall promptly submit such facts or information.
F. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the Permittee from any
responsibilities, liabilities, or penalties to which the Permittee is
or may be subject under Section 311 of the Act.
G. 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.
H. Severability
The provisions of this permit are severable, and 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.
I. State Laws
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the 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.
[[Page 64814]]
J. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated facilities
in this final general permit under the Paperwork Reduction Act of 1980,
44 U.S.C. 3501 et seq. The information collection requirements of this
permit have already been approved by the Office of Management and
Budget in submission made for the NPDES permit program under the
provisions of the CWA.
K. Inspection and Entry
The Permittee shall allow the Director, 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:
1. Enter upon the 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;
2. Inspect at reasonable times any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated
or required under this permit; and
3. 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.
L. Transfers
This permit may be automatically transferred to a new permittee if:
1. The current permittee notifies the Director at least 30 days in
advance of the proposed transfer date;
2. 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
3. The Director does not notify the existing permittee and the
proposed new permittee of his or her 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 mentioned in paragraph
2 above.
V. Definitions
A. ``Active Stream Channel'' means that part of the channel that is
below the level of the water. Unvegetated gravel bars are considered
part of the active stream channel.
B. ``Silt and Clay'' are soil particles having a diameter of less
than 0.002 mm (2 microns).
[FR Doc. 96-30748 Filed 12-5-96; 8:45 am]
BILLING CODE 6560-50-P
