[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Notices]
[Pages 4265-4275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2224]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5412-4]
The Pribilof Seafood Processors General NPDES Permit (General
NPDES Permit No. AK-G52-P000)
AGENCY: Environmental Protection Agency, Region 10.
ACTION: Notice of Final General NPDES Permit.
-----------------------------------------------------------------------
SUMMARY: The Director, Office of Water, EPA Region 10, is issuing
General National Pollutant Discharge Elimination System (NPDES) permit
no.
[[Page 4266]]
AK-G52-P000 for seafood processors discharging within three nautical
miles of the Pribilof Islands, Alaska, pursuant to the provisions of
the Clean Water Act, 33 U.S.C. Sec. 1251 et seq. The final Pribilof
seafood processors general NPDES permit authorizes discharges from
facilities discharging through stationary outfalls on St. Paul and St.
George Islands, and from mobile vessel discharging within the three
nautical mile coastal zone of the Pribilof Islands. These facilities
are engaged in the process of fresh, frozen canned, smoked, salted and
pickled seafoods. Discharges authorized by the proposed permit include
seafood processing wastes, process disinfectants, sanitary wastewater
and other wastewaters, including domestic wastewater, cooling water,
gray water (vessels only) freshwater pressure relief water,
refrigeration condensate, water used to transfer seafood to a facility,
and live tank water. The permit will authorize discharges to waters of
the United States in and contiguous to the State of Alaska within three
nautical miles of the Pribilof Islands.
The permit does not authorize the discharge of processing wastes
and wastewaters from the production of surimi or fish paste that is
washed repeatedly in water then pressed to remove residual water or the
processing of finfish wastes into fish or bone meal. The permit does
not authorize discharges of petroleum hydrocarbons, toxic pollutants,
or other pollutants not specified in the permit. The permit does not
authorize discharges to waters with poor flushing or areas of special
concern. The areas of special concern include: within three nautical
miles of Walrus Island year-round, a designated rookery and critical
habitat of the Steller sea lion; within one-half nautical mile of land
owned and managed by the U.S. Fish and Wildlife Service (USFWS) for the
protection of birds and bird nesting areas during the period May 1
through September 30; within one-half nautical mile of land owned and
managed by the National Marine Fisheries Service (NMFS) for the
protection of the northern fur seal rookeries and haulout areas during
the period May 1 through December 1; and within one-half nautical mile
of designated Steller sea lion haulouts areas year-round (Seal Lion
Rock and Northeast Point on St. Paul and Dalnoi Point and South Rookery
on St. George; and within one-half nautical mile of the Alaska Maritime
National Wildlife Refuge, Bering Sea Unit.
This final Pribilof seafood processors general NPDES permit is an
``interim `` period for two years to provide time to collect field data
and conduct an effluent monitoring program to determine the impact of
seafood processing wastes on the marine environment. EPA has determined
that, on the basis of available information, there will be no
unreasonable degradation during the two year interim period. Facilities
authorized to discharge under this final permit will participate in the
data collection and monitoring program as well as being required to
comply with all conditions of the permit.
Notice of the draft Pribilof seafood processors general NPDES
permit was published October 10, 1995 in the Federal Register [60 FR
52677] and the Anchorage Daily News and the Dutch Harbor Fisherman.
The final permit is printed below and establishes effluent
limitations, standards, prohibitions, monitoring requirements and other
conditions on discharges from seafood processors in the area of
coverage. The conditions are based on material contained in the
administrative record, including an ocean discharge criteria
evaluation, an environmental assessment, a finding of no significant
impact, and a biological evaluation of potential effects on threatened
and endangered species. Changes made in response to public comments are
addressed in full in a document entitled ``Responses to Public Comments
on the Proposed Issuance of the Pribilof Seafood Processors General
NPDES Permit.'' This document is being sent to all commenters, current
permittees and applicants and is available to other parties from the
address below upon request.
ADDRESSES: Unless otherwise noted in the permit, correspondence
regarding this permit should be sent to Environmental Protection
Agency, Region 10, 1200 Sixth Avenue, Seattle, Washington 98101.
FOR FURTHER INFORMATION CONTACT: Florence Carroll of EPA Region 10, at
the address listed above or telephone (206) 553-1760. Copies of the
final Pribilof Seafood Processors General NPDES Permit will be provided
upon request to the Region 10 Public Information Center at (206) 552-
1200 or 1-800-424-4372 (available only from the states of Oregon,
Washington, Idaho, and Alaska).
SUPPLEMENTARY INFORMATION: EPA issues this Pribilof seafood processors
general NPDES permit pursuant to its authority under Sections 301(b),
304, 306, 307, 308, 401, 403 and 501 of the Clean Water Act. The fact
sheet for the draft permit, the response to comments document, the
ocean discharge criteria evaluation, the biological evaluation, the
environmental assess, the 401 certification issued by the State of
Alaska, and the coastal zone management plan consistency determination
issued by the State of Alaska set forth the principal facts and the
significant factual, legal and policy questions considered in the
development of the terms and conditions of the final permit presented
below.
The state of Alaska, Department of Environmental Conservation, has
issued a Certificate of Reasonable Assurance that the subject
discharges comply with the Alaska State Water Quality Standards.
The State of Alaska, Office of Management and Budget, Division of
Governmental Coordination, has certified that the Pribilof seafood
processors general NPDES permit is consistent with the approved Alaska
Coastal Management Program.
Changes have been made from draft permit to the final permit in
response to public comments received on the draft permit and the final
coastal management plan consistency determination from the State of
Alaska.
The following identifies several specific areas of change, among
others, which have been embodied in the final permit: applicants for
new shore-based facilities may apply for a waiver to discharge within
the one-half mile exclusion zone during the period of May 1 through
December 1; the limit of production to 1995 levels was changed to
Notice of Intent projection production levels; the four-hour
restriction on processing within the exclusion zone was changed to
allowing mobile vessels to enter the exclusion zone during the period
of May 1 through December 1 only for safety reasons and to make all
efforts to avoid any discharges of any pollutants while in the
exclusion zone; permittees may participate in joint monitoring programs
as appropriate; and include video or photographic documentation of
seafloor, sea surface and shoreline monitoring.
Appeal of Permit
Within 120 days following this service of notice of EPA's final
permit decision under 40 CFR 124.15, any interested person may appeal
the Pribilof seafood processors general NPDES in the Federal Court of
Appeals in accordance with Section 509(b)(1) of the Clean Water Act.
Persons affected by a general NPDES permit may not challenge the
conditions of the permit as a right of further EPA proceedings.
Instead, they may either challenge this permit in court or apply for an
[[Page 4267]]
individual NPDES permit and then request a formal hearing on the
issuance or denial of an individual permit.
Dated: January 23, 1996.
Philip G. Millam,
Acting Director, Office of Water.
Authorizations To Discharge Under the National Pollutant Discharge
Elimination System for Seafood Processors Within Three Nautical Miles
of the Pribilof Islands
[General Permit No. AK-G52-P000]
In compliance with the provisions of the Clean Water Act, 33 U.S.C.
Sec. 1251 et seq. (hereafter, CWA or the Act), the owners and operators
of seafood processing facilities engaged in the processing of seafood,
both mobile vessels and shore-based facilities are authorized to
discharge seafood processing wastes and other designated wastewaters
within three nautical miles of St. Paul and St. George Islands, in
accordance with effluent limitations, monitoring requirements, and
other conditions set forth herein.
Upon the effective date of this Permit, it is the controlling
document for regulation of seafood processing wastes and other
designated wastewaters discharged within three nautical miles of the
Pribilof Islands. The General NPDES Permit for Seafood Processors in
Alaska (AK-G52-0000) which became effective August 4, 1995, is the
controlling document for applicable waste discharges to waters of the
United States which surround Alaska and are further than three nautical
miles from the Pribilof Islands. The former administratively continued
general permit which expired on October 31, 1994, is no longer valid
for facilities discharging within three nautical miles of the Pribilof
Islands as of the effective date of this general permit and receipt of
authorization to discharge.
A copy of this General Permit must be kept at the Plant or on the
vessel where discharges occur.
This permit becomes effective 30 days after issuance.
This permit and the authorization to discharge shall expire at
midnight two years from the effective date of the permit.
Signed this 23rd day of January, 1996.
Philip G. Millam,
Acting Director, Office of Water, Region 10, U.S. Environmental
Protection Agency.
Table of Contents
Cover Page
1.0. Basis for Issuing This Permit
1.1. Ocean Discharge Criteria
1.2 Permit Issuance
1.3. Issuance of This Permit
1.4. Special Condition for Modifying or Revoking This Permit
2.0. Authorized Facilities, Authorized Discharges, Unauthorized
Discharges, and Excluded Areas
2.1. Authorized Facilities
2.2. Authorized Discharges
2.3. Unauthorized Discharges
2.4. Excluded Areas
3.0. Application to be Covered Under This General NPDES Permit
3.1. Submittal of a Notice of Intent
3.2. Information to be Submitted in the Notice of Intent
4.0. Effluent Requirements
4.1. Seafood Wastes and Wastewater Limitations
4.2. Sanitary Wastes
4.3. Other Wastewaters
4.4. State Water Quality Standards
4.5. Vessel Wastes
4.6. Discharge Pipe Location and Conditions
5.0. Monitoring
5.1. Reporting
5.2. Seafloor Monitoring
5.3. Sea Surface and Shoreline Monitoring
6.0. Reporting Requirements
6.1. Quarterly Report
6.2. Facility Reporting
6.3. Signatory Requirement
6.4. Submittal
7.0. Special Conditions and Requirements
7.1. Discharges from Mobile Vessels
7.2. Discharges from Stationary Outfalls
7.3. New Shore-based Facilities
7.4. Inventory of Waste Streams
7.5. Pollution Prevention Plan and Implementation
7.6. Discharge Effluent Sampling
8.0. Reporting and Recording Requirements
8.1. Records Contents
8.2. Retention of Records
8.3. Twenty-four Hour Notice of Noncompliance
8.4. Other Noncompliance Reporting
9.0. Compliance Responsibilities
9.1. Duty to Comply
9.2. Penalties for Violations of Permit Conditions
9.3. Need to Halt or Reduce Activity Not a Defense
9.4. Duty to Mitigate
9.5. Proper Operation and Maintenance
9.6. Bypass of Treatment Facilities
9.7. Upset Conditions
9.8. Planned Changes
9.9. Anticipated Noncompliance
10.0. General Provisions
10.1. Permit Actions
10.2. Duty to Reapply
10.3. Duty to Provide Information
10.4. Other Information
10.5. Signatory Requirements
10.6. Availability of Reports
10.7. Inspection and Entry
10.8. Oil and Hazardous Substance Liability
10.9. Property Rights
10.10. Severability
10.11. Transfers
10.12. State Laws
10.13. Reopener Clause
11.0. Definitions
1.0. Basis for Issuing This Permit
1.1. Ocean Discharge Criteria
The Ocean Discharge Criteria establishes guidelines for issuance of
NPDES permits for the discharge of pollutants from a point source into
the territorial seas, the contiguous zone, and the oceans (40 CFR 125
Subpart M).
EPA must determine whether a discharge will cause unreasonable
degradation of the marine environment based on various considerations
including bioaccumulation or persistence of pollutants to be
discharged; the potential transport of such pollutants by biological,
physical, or chemical processes; the composition and vulnerability of
the biological communities which may be exposed to such pollutants; the
importance of the receiving water area to the surrounding biological
community; the existence of special aquatic sites * * * any applicable
requirements of an approved Coastal Zone Management plan. * * *
1.2. Permit Issuance
If EPA has insufficient information to determine prior to permit
issuance that there will be no unreasonable degradation of the marine
environment, there shall be no discharge of pollutants to the marine
environment unless, on the basis of available information, EPA
determines that:
Such discharge will not cause irreparable harm to the marine
environment during the period in which monitoring is undertaken, and
There are no reasonable alternatives to on-site disposal of
materials, and
The discharge will be in compliance with all permit conditions.
In addition, all permits which authorize the discharge of
pollutants into the marine environment shall:
Require that a discharge of pollutants will be in compliance at the
edge of any mixing zone and not exceed the Ocean Dumping Criteria;
Specify a monitoring program which is sufficient to assess the
impact of the discharge on water, sediment and biological quality;
Contain any other conditions including bioaccumulation tests,
seasonal discharge, process modification, or dispersion of pollutants.
1.3. Issuance of this Permit
EPA has determined that this Permit can be issued based on the
available information that there will be no unreasonable degradation of
the marine environment. The monitoring program, including sea floor,
sea surface and shoreline, and effluent sampling in this
[[Page 4268]]
Permit will allow for data to be gathered and the Permit conditions
will protect the marine environment during the two years this Permit
will be in effect.
1.4. Special Condition for Modifying or Revoking this Permit
This Permit shall be modified or revoked at any time if, on the
basis of any new data, EPA determines that continued discharges may
cause unreasonable degradation of the marine environment.
2.0. Authorized Facilities, Authorized Discharges, and Excluded
Areas
2.1. Authorized Facilities
The following facilities, upon receipt and approval of complete and
timely NOIs, are authorized to discharge under this general permit:
.2.11. Shore-based. Owners and operators of the seafood processing
facilities including moored floating or mobile barges that currently
discharge through stationary outfalls on St. Paul and St. George
Islands, provided they comply with the requirements of Section 7.2 and
all other applicable conditions of this Permit.
2.1.2. Vessels. Owners and operators of mobile seafood processing
vessels that operate within three nautical miles of St. Paul, St.
George, or Otter Islands (see Section 2.4.2.1 for restrictions around
Walrus Island), provided they comply with all applicable conditions of
this Permit.
2.2. Authorized Discharges
This Permit authorizes the discharge of the following pollutants
subject to the limitations and conditions set forth herein:
2.2.1. Seafood processing wastes, except wastes from the production
of surimi and/or fish paste that is washed repeatedly in water then
pressed to remove residual water or the processing of seafood wastes
into fish or bone meal;
2.2.2. Process disinfectants:
2.2.3. Sanitary wastewaters: and
2.2.4. Other wastewaters, including domestic wastewater, cooling
water, boiler water, gray water (vessels only), freshwater pressure
relief water, refrigeration condensate, water used to transfer seafood
to the facility, and live tank water.
2.3. Unauthorized Discharges
The discharges of wastes and pollutants not specifically set out
above are not authorized under this Permit.
2.4. Excluded Areas
This Permit does not authorize the discharge of pollutants in the
following circumstances and areas:
2.4.1. Poor Flushing. Areas that are likely to have poor flushing
(see definition in Section 11), including, but not limited, to
sheltered water bodies such as bays, harbors, inlets, coves, and
lagoons.
2.4.2. Areas of Special Concern. These areas include rookeries,
haulout areas and designated critical habitat, including, but not
limited to, the following:
2.4.2.1. Within three nautical miles of Walrus Island, a designated
rookery and critical habitat of the Steller sea lion;
2.4.2.2. Within one-half nautical mile of the following:
land owned and managed by the U.S. Fish & Wildlife Service
(USFWS) for the protection of birds and bird nesting areas during the
period May 1 through September 30;
land owned and managed by the National Marine Fisheries
Service (NMFS)) for the protection of the northern fur seal rookeries
and haulout areas during the period May 1 through December 1; and
designated Steller sea lion haulout areas year-round (Sea
Lion Rock and Northeast Point on St. Paul and Dalnoi Point and South
Rookery on St. George); and the
Alaska Maritime National Wildlife Refuge, Bering Sea
Unit.
3.0. Application to be Covered Under This General NPDES Permit
In order to be authorized to discharge any of the pollutants set
out in Section 2.2 to waters of the St. Paul and St. George coastal
zones under this general permit, seafood processors must apply for
coverage. This general NPDES permit does not authorize any discharges
from facilities that have not applied for and received authorization to
discharge within three nautical miles of St. Paul and St. George
Islands.
3.1. Submittal of a Notice of Intent
An applicant wishing authorization to discharge under this Permit
shall submit a timely and complete Notice of Intent (NOI) to EPA and
ADEC in accordance with the requirements listed below. A qualified
applicant will be authorized to discharge under this Permit upon
written notification from EPA and the returned receipt of the signed
U.S. Postal Certified Mail card. EPA's written notification will
include assignment of an NPDES permit number designating coverage under
the Pribilof Seafood General Permit.
Coverage under the Alaska Seafood General Permit No. AK-G52-0000,
effective August 4, 1995, does not extend to operations and discharges
within three nautical miles of the Pribilof Islands.
In compliance with the Paperwork Reduction Act, 44 U.S.C. Sec. 1501
et. seq., the Office of Management and Budget has approved the
information in a Notice of Intent for permit application (OMB 2040-
008).
3.1.1. Timely NOI. Permittees previously permitted under the
Seafood General Permit AK-G52-0000 must submit a timely and complete
NOI for coverage under the Pribilof Seafood General Permit within 30
days after the issuance date of this Permit.
3.1.2. New Applicant. A new applicant must submit an NOI at least
60 days prior to commencement of operating and discharging within the
coastal zones of St. Paul and St. George Islands. (See also Section
7.4.)
3.1.3. NOI Update. A permittee authorized to discharge under this
Permit shall submit to EPA and ADEC an updated NOI when there is any
material change in the information submitted in the original NOI
including a proposed increase in the amount of production, additional
species of seafood to be processed, and additional types of finished
product. Any changes to the original NOI requires a 60 day prior notice
period to EPA and ADEC. After consultation with ADEC and the Coastal
Zone Management Program EPA will notify the permittee of approval or
disapproval.
3.1.4. Individual Permit Requirement. EPA may require any
discharger applying for coverage under this general NPDES permit to
apply for and obtain an individual NPDES permit in accordance with the
40 CFR 122.28(b)(3).
3.1.5. Submittal. An applicant shall submit the NOI to:
U.S. Environmental Protection Agency, Region 10, NPDES Compliance Unit
OW-135, 1200 Sixth Avenue, Seattle, Washington 98101, and
Alaska Department of Environmental Conservation,Attn: Water Permits,555
Cordova Street,Anchorage, Alaska 99501
3.2. Information to be Submitted in the Notice of Intent
3.2.1. Previous NPDES Number. The NOI shall include any previous
NPDES number(s) assigned to the facility or vessel and the ADEC seafood
processor license number.
3.2.2. Owner Information. The NOI shall include the name and the
complete address and telephone number of the owner of the facility or
vessel and the name of its duly authorized representative. If a FAX
machine is
[[Page 4269]]
available at this address, it is useful to provide a FAX number.
3.2.3. Managing Company. The NOI shall include the name and the
complete address and telephone number of the managing company of the
facility or vessel and the name of its duly authorized representative.
If a FAX machine is available at this address, it is useful to provide
a FAX number.
3.2.4. Facility or Vessel Information. The NOI shall include the
name, address, and telephone number of the facility or vessel. If the
name of the facility or vessel has changed during the last five years,
the NOI shall include the previous name(s) of the facility and the
date(s) of these changes. If a FAX machine is available at this
address, it is useful to provide a FAX number.
3.2.4.1. For a shore-based facility, the NOI shall include a
description of the physical location of the facility, the location of
the outfall terminus using the Global Positioning System (GPS), and the
length of the outfall from shoreline to terminus.
3.2.4.2. For a mobile facility, the NOI shall include the U.S.
Coast Guard (USCG) vessel number, the type, length and date of purchase
of the vessel.
3.2.4.3. The NOI shall include and estimate of the number of
seasonal and annual employees of the facility or on the vessel.
3.2.5. Projected Production. The NOI shall include projected
production data based upon historical operations and design capacity on
a daily and annual basis. Production data includes an identification of
the process applied to the product, the name and quantity of the raw
product(s) by species, the type of the finished product(s), the amount
of the finished product(s), and the maximum quantity of each raw
product which can be processed in a 24-hour day. The NOI shall also
include the projected number of operating days by month for the
facility or vessel.
3.2.6. Discharge Information. The NOI shall include information
concerning all the discharges from the facility or vessel.
3.2.6.1. The NOI shall identify the type and capacity (by gallons)
of the sanitary wastewater treatment system (other than a municipal
system) on site or on the vessel.
3.2.6.2. The NOI shall include a list of the number, type, waste
solids weights, and wastewater volumes of each discharge and the
maximum quantity of process wastes which can be produced in a 24-hour
day.
3.2.6.3. The NOI shall include specific information on type and
amounts of process disinfectants, domestic wastewater cooling water,
boiler water, refrigeration condensate, transfer water, gray water,
live tank water, and freshwater pressure relief water.
3.2.7. Signatory Requirement. All NOIs shall be signed by a
principal corporate officer or duly appointed representative according
to Section 10.5.
4.0. Effluent Requirements
4.1. Seafood Wastes and Wastewater Limitations
4.1.1. Amount of Seafood Waste Discharged. The volume or weight of
seafood process wastes discharged on a daily or annual basis shall not
exceed the amount reported in the Notice of Intent to be Covered under
this Permit.
4.1.2. Treatment and Limitation of Seafood Wastes. All seafood
process wastes shall be routed through a waste-handling system which
prevents the discharge of waste solids of greater than one-half (0.5)
inch in any dimension.
4.1.2.1. Incidental discharges from scuppers or floor drains must
be routed through the waste-handling system or screened to 0.5 inch in
any dimension.
4.1.2.2. Each permittee shall conduct a daily visual inspection of
the waste-handling system, including a close observation of the sump or
other place of observation for, and removal of, gloves, earplugs,
rubber bands, or other equipment used in processing seafood that may be
discharged through the outfall. Discharge of such items is prohibited.
Logs of this daily inspection are to be kept at the facility or on
board the vessel. Summaries of positive reports shall be submitted with
the quarterly report.
4.1.2.3. There shall be no discharge of oily water or oily wastes
that may or may not produce a sheen on the water surface, grease, foam,
or floating solids.
4.1.2.4. No wastes shall accumulate on the shoreline nor float on
the receiving water surface.
4.2. Sanitary Wastes
All sanitary wastes shall be routed through a sanitary waste
treatment system. Sanitary wastes must be either:
4.2.1. Discharged to a shore-based septic system or a municipal
wastewater treatment system, provided that the system is designed and
capable of properly treating and handling the type and volume of
sanitary wastes generated by seafood processing operations; or
4.2.2. If a USCG-licensed vessel, routed through a sanitary waste
system that meets the applicable Coast Guard pollution control
standards then in effect [33 CFR 159: ``Marine sanitary devices''] and
discharged in accordance with Coast Guard regulations. Malfunctioning
and undersized systems are prohibited.
4.3. Other Wastewaters
There shall be no discharge of any other such wastewaters that
contain foam, floating solids, grease, or oily wastes which may or may
not produce a sheen on the water surface, no wastes which deposit
residues which accumulate on the shoreline or seafloor. Wastewaters
that have not had contact with seafood processing wastes are not
required to be discharged through the seafood processing waste-handling
system. However, all discharges of transfer water, refrigerated sea
water, and live tank water shall be discharged below the surface of any
receiving waters.
4.4. State Water Quality Standards
Discharges shall not violate Alaska Water Quality Standards [18 ACC
Part 70] including, but not limited to, floating or suspended residues,
dissolved oxygen, oil and grease, fecal coliform, pH, temperature,
color, turbidity, and total residual chlorine.
4.5. Vessel Wastes
Vessels must comply with 33 CFR 151 (``Vessels carrying oil,
noxious liquid substances, garbage, municipal or commercial wastes, and
ballast water'').
4.6. Discharge Pipe Location and Condition
4.6.1. Process wastes from shore-based facilities or vessels
discharging through stationary outfalls shall be discharged at least
twenty (20) feet at MLLW below the sea surface.
4.6.2. Process wastes from mobile vessels shall be discharged at
least three (3) feet below the sea surface at MLLW (except for mobile
vessels that have through-the-hull discharge points).
4.6.3. There shall be no discharge if the outfall line is severed,
fails, leaks, or is displaced from designed specifications or location.
5.0. Monitoring
5.1. Reporting
5.1.2. Purpose. Discharges shall be monitored to the extent
necessary to develop and submit timely and accurate quarterly reports.
(See Section 6.1.)
5.2. Seafloor Monitoring
5.2.1. Purpose. The seafloor monitoring program is to determine
compliance with the Alaska water quality standards for settleable
residues in marine waters. Alaska Administrative Code Part 18--70.020
states that ``(settleable residues) shall not * * * cause a sludge,
solids, or emulsion to be deposited * * * on the bottom.''
5.2.2. Objective. The seafloor monitoring program shall determine
the
[[Page 4270]]
areal extent (in square feet) of the continuous deposit of sludge,
solids, or emulsion from seafood processing wastes on the seafloor
bottom that persists through a year.
5.2.3. Applicability. All permittees covered under this Permit
shall participate in a seafloor survey at least once during the period
this Permit is in effect.
5.2.4. Method. The seafloor survey shall include the following
elements:
5.2.4.1. Areal extent in square feet of any accumulation of seafood
wastes;
5.2.4.2. Description of the size of particles making up the waste
pile, the percentage of particles exceeding 0.5 inch in any dimension,
and kind of wastes;
5.2.4.3. Description of the methodology used by the surveyor
including transects and location devices;
5.2.4.4. Description of marine fauna and flora near the survey
area;
5.2.4.5. Dates, time, tidal movements, weather conditions, name and
signature of surveyor, name of company, the name of the mobile vessel,
and NPDES permit number(s); and
5.2.4.6. Video and/or other photographic documentation of any
findings.
5.2.5. Stationary Outfalls. Shore-based facilities or vessels
discharging through stationary outfalls shall conduct an annual survey
after April 1 but no later than May 15.
5.2.6. Mobile Vessels. Within 18 months from the effective date of
this Permit, mobile vessels that have anchored and operated in the
following areas shall conduct a survey after April 1 but no later than
May 15:
5.2.6.1. The survey shall include the following areas on St. Paul:
approximately 0.5 nautical mile from shoreline of Lukanin Bay from
Stony Point to Reef Point, Zolotoi Bay, Village Cove, English Bay from
Tolstoi Point to Zapadni Point, and southwestward on the northern side
of Northeast Point. Identification of where mobile vessels have been
anchored for processing shall be done during the survey design to focus
on the specific areas of discharge.
5.2.6.2. This requirement for mobile vessels to conduct a seafloor
survey may be satisfied by arranging with others to participate in a
joint survey.
5.2.6.3. If no wastes have accumulated in the designated survey
areas (see Section 5.2.6.1), EPA in consultation with ADEC and the
Coastal Zone Management Program may consider whether subsequent surveys
by the mobile vessels will be necessary.
5.2.7. Submittal. The seafloor survey report signed by the diver
and company representative shall be submitted 30 days following the
completion of the survey but no later than June 30 of each year.
5.3. Sea Surface and Shoreline Monitoring
5.3.1. Purpose. The sea surface and shoreline monitoring program is
to determine compliance with the Alaska water quality standards for
floating residues in marine waters. Alaska Administrative Code Part
18--70.020 states that ``(floating solids, debris, foam and scum) shall
not * * * cause a film, sheen, or discoloration on the surface of the
water * * * or cause a sludge, solid or emulsion to be deposited * * *
upon adjoining shorelines.
5.3.2. Objective. The sea surface and shoreline monitoring program
is to provide daily assessment during periods of operation and
discharge: for the sea surface monitoring an estimate of the areal
extent of continuous films, sheens, or persistent mats of foam; for the
shoreline an estimate of the areal extent of deposits of seafood waste
solids on the adjacent shore.
5.3.3. Applicability. All permittees covered under this Permit
shall participate in a sea surface and shoreline monitoring program
during all periods of operation and discharge.
5.3.3.1. Shore-based facilities shall include the harbor areas that
are adjacent to their facilities as well as observations of the
shorelines nearest to outfall location.
5.3.3.2. Mobile vessels shall conduct sea surface monitoring around
and adjacent to their individual vessels.
5.3.3.3. Shore-based facilities and mobile vessels may participate
in a joint survey of appropriate shoreline areas adjacent to where
mobile vessels are anchored.
5.3.4. Method. This monitoring program shall include a description
of the observation method and equipment used, the name of the surveyor,
and points of observation. The report of positive observations shall
include the date and time of observation, an estimate of the area of
scum, sheen, film or foam on the sea surface, and/or the area of
sludge, solids, emulsion or scum deposited on the shoreline.
Photographs, video, or other visual documentation of positive
observations are required.
5.3.5. Submittal. The report of any positive observations shall be
submitted to EPA and ADEC with the quarterly report described in
Section 6 and also reported as noncompliance according to Section 8.3.
5.3.6. Waiver. Individual monitoring days may be waived upon
notification by FAX to EPA and ADEC (see Section 6.4 below) due to
conditions (e.g., weather or sea conditions) which make this monitoring
hazardous to human health and safety.
6.0. Quarterly Reporting Requirements
6.1. Schedule
Reporting shall be on a calendar quarter basis; reports are due by
the end of the month following any quarter processing occurs in the
Pribilof Islands (e.g., January-March report due no later than the 30th
of April).
6.1.1. No Processing. Permittee shall notify EPA and ADEC when no
processing occurs during any quarter in the Pribilof Islands, either
with the most recent quarterly report or at the end of each quarter.
6.2. Facility Reporting
6.2.1. Mobile vessels shall report the following:
6.2.1.1. Daily GPS log of anchored location or locations while
processing; this log to be submitted in both map-charted and written
form;
6.2.1.2. Processing data including number of pounds of raw product
processed per day, number of pounds of finished product, and number of
pounds of unused seafood returned to the waters or otherwise disposed
of (i.e., ocean disposal); and
6.2.1.3. Positive observations of the sea surface and shoreline
monitoring program as described in Section 5.3. above.
6.2.2. Shore-based facilities or vessels discharging through
stationary outfalls shall report the following:
6.2.2.1. Processing data including number of pounds of raw product
processed per day, number of pounds of finished product, and number of
pounds of unused seafood and by-catch discharged through the outfall;
6.2.2.2. Positive observations of the sea surface and shoreline
monitoring program as described in Section 4.3.2 above; and
6.2.2.3. Amount, type, and location of wastes disposed of by ocean
dumping as described in Section 7.2.3.
6.3. Signatory Requirement
A permittee shall ensure that the quarterly report is signed by a
principal officer or a duly appointed company representative according
to Section 10.5.
6.4. Submittal
The quarterly reports shall be submitted to EPA and ADEC. Reports
may sent via FAX or mailed to the locations below:
Environmental Protection Agency, Region 10, NPDES Compliance Unit
[[Page 4271]]
OW-135, 1200 Sixth Avenue, Seattle, Washington 98101, FAX 206-553-1280,
Attn: NPDES Compliance Unit and
Alaska Department of Environmental Conservation, Attn: Major
Facilities, 555 Cordova Street, Anchorage, Alaska 99501, FAX 907-269-
7652, Attn: Water Permits
7.0. Special Conditions and Requirements
7.1. Discharges from Mobile Vessels
During the period of May 1 to December 1, no discharge of seafood
wastes or any other wastewaters authorized by this Permit shall occur
within the one-half nautical mile of the exclusion zone described in
Section 2.4.2.2 except as provided by Section 7.1.1.
7.1.1. Safety Exception. Notwithstanding the provisions of Section
2.4.2.2, mobile processing vessels may anchor within the one-half
nautical mile exclusion zone when conditions exist that would threaten
the safety of the vessel or there is no other location that is
reachable for safety of the vessel.
7.1.2. Processing and Transit in the Exclusion Zone. Mobile vessels
shall make all efforts to halt discharge of seafood wastes, wastewaters
including sewage, gray water, deck or processing area wash down, net
washing, bilge water, and other unnecessary materials to avoid unwanted
or accidental discharges. Mobile vessels shall also avoid refueling
within the exclusion zone except for emergency conditions.
7.1.3. Location Reporting. When any processing vessel enters the
one-half nautical mile exclusion zone, the permittee must report their
location by GPS and the reason for being in the exclusion zone to each
of the following: EPA--FAX (206) 553-1280 or telephone (206) 553-1846;
ADEC--FAX (907) 269-7652 or telephone (907) 269-7500; St. Paul--FAX
(907) 546-3194 or telephone (907) 546-3179; or St. George--FAX (907)
829-2212 or telephone (907) 859-2263; and Local harbor master/public
safety office by radio.
7.1.4. Excluded Area Discharge. Mobile vessels must notify EPA and
ADEC within 24 hours, either by telephone (206) 553-1846 or (907) 269-
7500, respectively) or by FAX (see Section 7.1.3 above) if any
discharge of seafood wastes or any other discharge authorized or not,
occurs during the period of May 1 through December 1 within the one-
half nautical mile exclusion zone. Any such report must conform to the
requirements in Section 8.3 below, and include an official Bering Sea
weather report.
7.2. Discharges from Stationary Outfalls
Notwithstanding the provisions of Section 2.4.2.2, the facilities
previously permitted (under the Alaska Seafood General Permit AK-G52-
0000 issued October 1989) to discharge from the three existing
stationary outfalls on St. Paul and the one existing stationary outfall
on St. George will be allowed, provided that each facility submit a
complete and timely NOI and receive approval from EPA for the
continuing discharge and comply with the following conditions:
7.2.1. Sea Surface and Shoreline Monitoring. There shall be no
evidence of wastes on the sea surface or shoreline and that the sea
surface and shoreline monitoring program is conducted according to
Section 5.3 during the period of May 1 though December 1.
7.2.2. Exceedance of Discharge Levels. Discharges resulting from
processing of wastes through the stationary outfalls during the period
of May 1 and December 1 shall not exceed the daily projected production
levels submitted in the NOI and authorized by EPA. Processing waste
solids exceeding this limitation shall be barged to an acceptable ocean
dumping area.
7.2.3. Ocean Disposal. Finfish and crab wastes ground to 0.5 inch
and unground snail wastes and shells may be disposed of by dumping the
wastes into depths of at least 45-50 fathoms and at least 7 nautical
miles west of St. Paul and at least 3 miles west of St. George.
7.2.3.1. Disposal must be done while the vessel is underway. No
disposal shall occur if marine mammals are observed in the disposal
area.
7.2.3.2. A log shall be kept of the disposal operations and include
the following information:
dates and start/stop time of each disposal occurrence,
description and approximate volume of the material being
dumped,
the location (GPS) where dumped, and
notation of weather and wind conditions in the area and
Beaufort Sea state.
7.2.3.3. A copy of the log is to be submitted to EPA with the
quarterly report.
7.3. New Shore-Based Facilities
Any new applicants seeking authorization under this Permit to
discharge seafood wastes and other designated wastewaters from a shore-
based facility must meet the requirements of Section 2.4 or submit the
following information in a request for a waiver of Section 2.4:
7.3.1. Submit a Notice of Intent to be covered under this Permit in
accordance with Section 3, including a detailed map showing the
proposed facility's precise location of the outfall, engineering design
of the outfall, receiving water bathymetry, any tidal or current
information, surrounding upland topography and any protected water
resources and special habitats.
7.3.2. Describe in detail the circumstances requiring discharges to
the exclusion zone; the alternatives to discharging within the
exclusion zone; and a detailed description of the nature, magnitude and
duration of the seafood processing operation and its discharges.
7.3.3. Complete the Inventory of Waste Streams.
7.3.4. Develop a pollution prevention plan covering all aspects of
pollution potential of the facility.
7.3.5. Develop and commit to best management practices for seafood
waste minimization, water usage reduction, and pollution control.
7.3.6. Prepare a proposed seafloor, sea surface and shoreline
monitoring program and an effluent sampling plan.
7.3.7. Consult (in writing) with NMFS and USFWS about areas of
concerns and critical habitats.
A waiver to Section 2.4 will not be granted until after EPA
consults with ADEC and other appropriate government offices to
determine that the proposed discharge will comply with applicable state
and federal laws and regulations and the State-approved Coastal Zone
Management Plan.
7.4. Inventory of Waste Streams
7.4.1. Purpose. The inventory is to determine all of the waste
streams generated by operating and maintaining a seafood processing
facility or processing vessel that could potentially be discharged
within the coastal zone of the Pribilof Islands.
7.4.2. Objective. The inventory shall identify the waste streams,
which are a result of receiving and processing seafood, providing
dormitory and galley services, and also the products used in the
maintaining facility or the vessel. These products may include, but not
be limited to, sanitizing chemicals, general cleaning detergents
(including laundry and kitchen) and solvents, engine room chemicals,
painting wastes, hazardous materials, machine shop solvents, and
stormwater runoff. Waste reduction and pollution prevention are the
ultimate objectives of this activity. The inventory shall also include
the identification of environmentally safe products that
[[Page 4272]]
could be substituted for those that may pose a threat to the
environment.
7.4.3. Applicability. All permittees covered under this Permit
shall participate in the inventory of waste streams. This requirement
is on a facility by facility or vessel by vessel basis.
7.4.4. Schedule. The inventory of waste streams shall be completed
90 days after this Permit is effective.
7.4.5. Submittal. A permittee shall submit to EPA a written summary
of the waste streams examined, a list of products found in each waste
stream along with any identified hazardous substance used in the
facility or on the vessel, and the substitution of environmentally safe
products for those identified as potentially detrimental products. This
summary shall be accompanied by written certification, signed by the
principal officer or a duly appointed representative of the permittee,
of the completion of the inventory and the substitution or changes to
more environmentally safe products.
7.5. Pollution Prevention Plan and Implementation
7.5.1. Purpose. Pollution prevention is to minimize any and all of
the undesirable effects a processing facility or vessel may have on the
environment of the water and air and the birds and animals sharing the
marine and terrestrial habitats within the coastal zone of the Pribilof
Islands.
7.5.2. Objective. Pollution prevention is for maximum reduction of
waste streams including reduction of processing wastes through
recycling, responsible disposal, and use and substitution of
environmentally safe products when and where ever possible.
7.5.3. Applicability. All permittees covered under this Permit
shall participate in preparing and implementing a pollution prevention
plan. Companies with multiple facilities or vessels operating in the
Pribilof Islands may fulfill this requirement by preparing one plan to
cover their Pribilof facilities or vessels; but must certify that each
facility or vessel has implemented the plan. Records of pollution
prevention must be kept at each facility or on board each vessel.
7.5.4. Schedule. The pollution prevention plan shall be completed
120 days after this Permit is effective and implemented 180 days after
this Permit is effective.
7.5.5. Documentation. Each facility or vessel shall have a copy of
the pollution prevention plan at each facility or on board each vessel.
Implementation records shall be available to EPA and ADEC upon request.
7.5.6. Submittal. A permittee shall submit to EPA written
certification, signed by principal officer or a duly appointed
representative of the permittee, of the completion and implementation
of the pollution prevention plan.
7.6. Discharge Effluent Sampling
All facilities that are authorized to discharge under this Permit
shall be required to sample their discharge effluent at least once
during the effective period of this Permit,
Selection of what will be sampled will be based on pollutants that
may be identified through the inventory of waste streams, the known
pollutants found in seafood processing and associated wastewaters, and
other identified pollutants of concern. Protocols, procedures, and
methods for sampling, analysis, and submittal of results will be
relayed to each permittee under the requirements of 33 U.S.C. Sec. 1318
(Request for Information).
8.0. Reporting and Recording Requirements
8.1. Records Contents
8.1.1. Effluent Monitoring Records. All effluent monitoring records
shall bear the hand-written signature of the person who prepared them.
In addition, all records of monitoring information shall include:
8.1.1.1. The date, exact place, and time of sampling or
measurements;
8.1.1.2. The names of the individual(s) who performed the sampling
or measurements;
8.1.1.3. The date(s) analyses were performed;
8.1.1.4. The names of the individual(s) who performed the analyses;
8.1.1.5. The analytical techniques or methods used; and
8.1.1.6. The results of such analyses.
8.2. Retention of Records
8.2.1. Monitoring Information. A permittee shall retain records of
all monitoring information, including but not limited to, all
calibration and maintenance records, copies of all reports required by
this Permit, a copy of the NPDES Permit, and records of all data used
to complete the application for this Permit, for a period of at least
five years from the date of the sample, measurement, report or
application, or for the term of this Permit, whichever is longer. This
period may be extended by request of the Director or ADEC at any time.
8.3. Twenty-four Hour Notice of Noncompliance Reporting
8.3.1. Telephone or FAX. A permittee shall report the following
occurrences of noncompliance to the NPDES Compliance Unit by telephone
(206) 553-1846 or FAX (206) 553-1280 within 24 hours from the time a
permittee becomes aware of the circumstances:
8.3.1.1. Any noncompliance that may endanger health or the
environment;
8.3.1.2. Any unanticipated bypass that results in or contributes to
an exceedance of any effluent limitation in this Permit;
8.3.1.3. Any upset that results in or contributes to an exceedance
of any effluent limitation in this Permit; or
8.3.1.4. Any violation of a maximum daily discharge limitation for
any of the pollutants listed in this Permit.
8.3.2. Written Report. A permittee shall also provide a written
submission within five days of the time that a permittee becomes aware
of any event required to be reported under Section 8.3.1. above. The
written submission shall contain:
8.3.2.1. A description of the noncompliance and its cause;
8.3.2.2. The period of noncompliance, including exact dates and
times;
8.3.2.3. The estimated time noncompliance is expected to continue
if it has not been corrected; and
8.3.2.4. Steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
8.3.3. Written Report Waiver. The Director may waive the written
report on a case-by-case basis if the oral report has been received
within 24 hours by the NPDES Compliance Unit in Seattle, Washington, by
telephone or FAX.
8.3.4. Submittal. Written reports shall be submitted to:
U.S. Environmental Protection Agency, Region 10, NPDES Compliance Unit
OW-135, 1200 Sixth Avenue, Seattle, Washington 98101 and
Alaska Department of Environmental Conservation, Attn: Water Permits,
555 Cordova Street, Anchorage, Alaska 99503
8.4. Other Noncompliance Reporting
A permittee shall document all instances of noncompliance, other
than those specified in Section 8.3.1, and submit a written report with
the quarterly report.
9.0. Compliance Responsibilities
9.1. Duty To Comply
A permittee shall comply with all conditions of this Permit. Any
permit noncompliance constitutes a violation
[[Page 4273]]
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. A permittee shall give reasonable
advance notice to the Director and ADEC of any planned changes in the
permitted facility or activity that may result in noncompliance with
permit requirements.
9.2. Penalties for Violations of Permit Conditions
9.2.1. Civil and Administrative Penalty. Sections 309(d) and 309(g)
of the Act provide that any person who violates a permit condition
implementing CWA Secs. 301, 302, 306, 307, 308, 318, or 405 shall be
subject to a civil or administrative penalty, not to exceed $25,000 per
day for each violation.
9.2.2. Criminal Penalties:
9.2.2.1. Negligent violations. Section 309(c)(1) of the Act
provides that any person who negligently violates a permit condition
implementing CWA Secs. 301, 302, 306, 307, 308, 318, or 405 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.
9.2.2.2. Knowing violations. Section 309(c)(2) of the Act provides
that any person who knowingly violates a permit condition implementing
CWA Secs. 301, 302, 306, 307, 308, 318, or 405 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.
9.2.2.3. Knowing endangerment. Section 309(c)(3) of the Act
provides that any person who knowingly violates a permit condition
implementing CWA Secs. 301, 302, 303, 306, 307, 308, 318, or 405, 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 that is an
organization shall be subject to a fine of not more than $1,000,000.
9.2.2.4. False statements. Section 309(c)(4) of 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 be punished by a fine of not more than $10,000, or by
imprisonment for not more than 2 years, or by both.
Except as provided in Permit conditions in Section 8.6 (``Bypass of
Treatment Facilities'') and Section 8.7 (``Upset Conditions''), nothing
in this Permit shall be construed to relieve a permittee of the civil
or criminal penalties for noncompliance.
9.3. Need To Halt or Reduce Activity Not a Defense
It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
Permit.
9.4. Duty To Mitigate
A permittee shall take all reasonable steps to minimize or prevent
any discharge in violation of this Permit that has a reasonable
likelihood of adversely affecting human health or the environment.
9.5. Proper Operation and Maintenance
A permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) that are installed or used by a permittee to achieve
compliance with the conditions of this Permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate
quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems only when the
operation is necessary to achieve compliance with the conditions of
this Permit.
9.6. Bypass of Treatment Facilities
9.6.1. Bypass not exceeding limitations. A permittee may allow any
bypass to occur that 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 the following sections.
9.6.2. Notice.
9.6.2.1. Anticipated bypass. If a permittee knows in advance of the
need for a bypass, it shall submit prior notice, if possible at least
10 days before the date of the bypass.
9.6.2.2. Unanticipated bypass. A permittee shall submit notice of
an unanticipated bypass as required under Section 8.3 (``Twenty-four
hour notice of noncompliance reporting'').
9.6.3. Prohibition of bypass.
9.6.3.1. Bypass is prohibited, and the Director or ADEC may take
enforcement action against a permittee for a bypass, unless:
The bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage;
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 that occurred during normal periods of equipment
downtime or preventive maintenance; and
A permittee shall submit notices as required under Section
9.6.2.
9.6.3.2. 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 this
Section.
9.7. Upset Conditions
9.7.1. Effect of an Upset. An upset constitutes an affirmative
defense to an action brought for noncompliance with such technology-
based permit effluent limitations if a permittee meets the requirements
of Section 9.7.2. No determination made during administrative review of
claims that noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial
review.
9.7.2. Conditions Necessary for a Demonstration of Upset. To
establish the affirmative defense of upset, a permittee shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
9.7.2.1. An upset occurred and that a permittee can identify the
cause(s) of the upset;
9.7.2.2. The permitted facility was at the time being properly
operated;
9.7.2.3. A permittee submitted notice of the upset as required
under Section 8.3 (``Twenty-four hour notice of noncompliance
reporting); and
9.7.2.4. A permittee complied with any remedial measures required
under Section 9.4 (``Duty to Mitigate'').
9.7.3. Burden of Proof. In any enforcement proceeding, a permittee
seeking to establish the occurrence of an upset has the burden of
proof.
9.8. Planned Changes
A permittee shall give notice to the Director and ADEC as soon as
possible of any planned physical alterations or
[[Page 4274]]
additions to the permitted facility whenever:
9.8.1. Alteration or Addition. 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
The alteration or addition could significantly change the nature or
increase the quantity of pollutants discharged. This notification
applies to pollutants that are not subject to effluent limitations in
this Permit.
A permittee shall give notice to the Director and ADEC as soon as
possible of any planned changes in process or chemical use whenever
such change could significantly change the nature or increase the
quantity of pollutants discharged.
9.9. Anticipated Noncompliance
A permittee shall also give advance notice to the Director and ADEC
of any planned changes in the permitted facility or activity that may
result in noncompliance with this Permit.
10.0. General Provisions
10.1. Permit Actions
This Permit may be modified, revoked and reissued, or terminated
for cause. The filing of a request by a permittee for a permit
modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
10.2. Duty To Reapply
If a permittee intends to continue an activity regulated by this
Permit after the expiration date of this Permit, a permittee must apply
for and obtain a new permit.
10.3. Duty to Provide Information
A permittee shall furnish to the Director and ADEC, within the time
specified in the request, any information that 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. A permittee shall also furnish to the Director or ADEC,
upon request, copies of records required to be kept by this Permit.
10.4. Other Information
When a permittee becomes aware that it failed to submit any
relevant facts in a permit application, or that it submitted incorrect
information in a permit application or any report to the Director or
ADEC, it shall promptly submit the omitted facts or corrected
information.
10.5. Signatory Requirements
All NOIs, reports or information submitted to the Director and ADEC
shall be signed and certified as follows:
10.5.1. NOIs. All NOIs shall be signed as follows:
10.5.1.1. For a corporation: by a principal corporate officer.
10.5.1.2. For a partnership or sole proprietorship: by a general
partner or the proprietor, respectively.
10.5.1.3. For a municipality, state, federal, or other public
agency: by either a principal executive officer or ranking elected
official.
10.5.2. Required Reports. All reports required by this 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:
10.5.2.1. The authorization is made in writing by a person
described above and submitted to the Director and ADEC, and
10.5.2.2. The authorization specifies either an individual or a
position having responsibility for the overall operation of the
regulated facility or activity, such as the position of plant manager,
superintendent, position of equivalent responsibility, or an individual
or position having overall responsibility for environmental matters for
the company. (A duly authorized representative may thus be either a
named individual or any individual occupying a named position.)
`10.5.3. Changes to Authorization. If an authorization under
Section 10.5.2.2 above 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
Section 10.5.2.2 above must be submitted to EPA and ADEC prior to or
together with any reports, information, or applications to be signed by
an authorized representative.
10.5.4. Certification. Any person signing a document under this
Part 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.''
10.6. Availability of Reports
Except for data determined to be confidential under 40 CFR 2, all
reports prepared in accordance with 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.
10.7. Inspection and Entry
A 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:
10.7.1. Enter upon a permittee's premises where a regulated
facility or activity is located or conducted, or where records must be
kept under the conditions of this Permit;
10.7.2. Have access to and copy, at reasonable times, any records
that must be kept under the conditions of this Permit;
10.7.3. Inspect at reasonable times any facilities, equipment
(including monitoring and control equipment), practices, or operations
regulated or required under this Permit; and
10.7.4. 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.
10.8. Oil and Hazardous Substance Liability
Nothing in this Permit shall be construed to preclude the
institution of any legal action or relieve a permittee from any
responsibilities, liabilities, or penalties to which a permittee is or
may be subject under Section 311 of the Act.
10.9. Property Rights
The issuance of this Permit does not convey any property rights of
any sort, or any exclusive privileges, nor does it authorize any injury
to private property or any invasion of personal rights, nor any
infringement of federal, state or local laws or regulations.
10.10. Severability
The provisions of this Permit are severable. If any provision of
this Permit, or the application of any provision of this Permit to any
circumstance, is held invalid, the application of such provision to
other circumstances, and the remainder of
[[Page 4275]]
this Permit, shall not be affected thereby.
10.11. Transfers
This Permit may be automatically transferred to a new permittee if:
10.11.1. The current permittee notifies the Director at least 60
days in advance of the proposed transfer date;
10.11.2. 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
10.11.3. The Director does not notify the existing permittee and
the proposed new permittee of any intent to modify, or revoke and
reissue the permit.
10.11.4. If the notification from the Director (Section 10.11.3.)
is not received, the transfer is effective on the date specified in the
agreement between the existing and new permittee (Section 10.11.2).
10.12. State Laws
Nothing in this Permit shall be construed to preclude the
institution of any legal action or relieve a permittee from any
responsibilities, liabilities, or penalties established pursuant to any
applicable state law or regulation under authority preserved by Section
510 of the Act.
10.13. Reopener Clause
10.13.1. This Permit shall be modified, or alternatively, revoked
and reissued, to comply with any applicable effluent standard or
limitation issued or approved under Secs. 301(b)(2)(C) and (D),
304(b)(2), and 307(a)(2) of the Act, as amended, if the effluent
standard, limitation, or requirement so issued or approved:
10.13.1.1. Contains different conditions or is otherwise more
stringent than any condition in this Permit; or
10.13.1.2. Controls any pollutant or disposal method not addressed
in this Permit.
10.13.2. This Permit as modified or reissued under this paragraph
shall also contain any other requirements of the Act then applicable.
This Permit may be reopened to adjust any effluent limitations if
future water quality studies, waste load allocation determinations, or
changes in water quality standards show the need for different
requirements.
11.0. Definitions and Acronyms
AAC means Alaska Administrative Code.
ADEC means Alaska Department of Environmental Conservation.
Bypass means the intentional diversion of waste streams from any
portion of a treatment facility.
CFR means the Code of Federal Regulations.
Coastal zone means the waters within three nautical miles of the
Pribilof Islands.
Cooling water means once-through non-contact cooling water.
CWA means the Clean Water Act.
Discharge of a pollutant means any addition of any ``pollutant'' or
combination of pollutants to ``waters of the United States'' from any
``point source''.
Domestic wastes means materials discharged from showers, sinks,
safety showers, eye-wash stations, hand-wash stations, galleys, and
laundries.
EPA means the United States Environmental Protection Agency.
Exclusion zone means within one-half nautical mile of areas of
special concerns.
Garbage means all kinds of victual, domestic, and operational
waste, excluding fresh fish and part thereof, generated during the
normal operation and liable to be disposed of continuously or
periodically except dishwater, gray water, and those substances that
are defined or listed in other Annexes to MARPOL 73/78.
GPS means Global Positioning System.
Gray water means galley, bath and shower wastewater.
Irreparable harm means significant undesirable effects occurring
after the date of permit issuance which will not be reversed after
cessation or modification of the discharge.
Marine environment means that territorial seas, the contiguous zone
and the oceans.
Marine sanitation device includes any equipment for installation on
board a vessel which is designed to receive, retain, treat, or
discharge sewage, or any process to treat such sewage.
MLLW means mean lower low water.
MSD means marine sanitation device.
NMFS means United States National Marine Fisheries Service.
NOI means a ``Notice of Intent,'' that is, an application, to be
authorized to discharge under a general NPDES permit.
Pollutant means dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal,
and agricultural waste discharged into water.
Poor flushing means average currents or turbulence of less than
one-third (0.33) of a knot at any point in the receiving water within
300 feet of the outfall.
Sanitary wastes means human body waste discharged from toilets and
urinals.
Seafood means the raw material, including freshwater and saltwater
fish and shellfish, to be processed, in the form in which it is
received at the processing plant.
Seafood process waste means the waste fluids, organs, flesh, bones,
woody fiber and chitinous shells produced in the conversion of aquatic
animals and plants from a raw form to a marketable form.
Severe property damage means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by
delays in production.
Sewage means human body wastes and the wastes from toilets and
other receptacles intended to receive or retain body wastes.
Unreasonable degradation of the marine environment means: (1)
Significant adverse changes in ecosystem diversity, productivity and
stability of the biological community within the area of discharge and
surrounding biological communities, (2) Threat to human health through
direct exposiure to pollutants or through consumption of exposed
aquatic organisms, or (3) Loss of esthetic, recreational, scientific or
economic values which is unreasonable in relation to the benefit
derived from the discharge.
Upset means an exceptional incident in which there is unintentional
and temporary noncompliance with technology-based permit effluent
limitations because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
U.S.C. means United States Code.
USFWS means United States Fish and Wildlife Service.
Water depth means the depth of the water between the surface and
the seafloor as measured at mean lower low water (0.0).
[FR Doc. 96-2224 Filed 2-2-96; 8:45 am]
BILLING CODE 6560-50-P
