[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Notices]
[Pages 15403-15414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7642]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5985-3]
The General NPDES Permit for Seafood Processors Operating in
Kodiak, AK (General NPDES Permit No. AK-G52-8000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final general NPDES permit.
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SUMMARY: The Director, Office of Water, EPA Region 10, is issuing
General National Pollutant Discharge Elimination System (NPDES) permit
no. AK-G52-8000 for owners and operators of shore-based seafood
processing facilities and a by-product recovery facility in Kodiak,
Alaska, pursuant to the provisions of the Clean Water Act, 33 U.S.C.
1251 et. seq. The final general NPDES permit authorizes discharges from
facilities discharging through outfalls to St. Paul Harbor and Near
Island Channel. The existing ten shore-based facilities and a by-
product recovery facility are engaged in the processing of fresh,
frozen, canned seafood, surimi, and fish meal/powder. Discharges
authorized by the proposed permit include processing wastes, process
disinfectants, sanitary wastewater and other wastewaters, including
domestic wastewater, cooling water, boiler water, freshwater pressure
relief water, refrigeration condensate, water used to transfer seafood
to a facility, and live tank water. One facility discharges treated
domestic and sanitary wastewater to St. Paul Harbor. The final permit
authorizes discharges to waters of the United States in and contiguous
to the State of Alaska.
The processing facilities are required to collect and route all
seafood processing wastes and wastewater to a treatment system
consisting of 1 mm screens or equivalent technology. All seafood solid
wastes are collected and transported to the by-product recovery
facility or are recovered through an in-house fish powder plant.
The final general permit for seafood processors in Kodiak, Alaska,
will not authorize discharges of petroleum hydrocarbons, toxic
pollutants, or other pollutants not specified in the permit.
[[Page 15404]]
The final general permit contains the same effluent guidelines
limitations as the previous individual permits. Separate monitoring of
the surimi and fish meal/powder waste streams are new additions to the
general permit.
Notice of the draft Kodiak permit was published on December 18,
1997, in the Federal Register [62 FR 66367] and the Kodiak Mirror.
The final permit is printed below and establishes effluent
limitations, standards, prohibitions, monitoring requirements, and
other conditions on discharges from seafood processors and fish meal/
powder processors in Kodiak, Alaska.
Changes made in response to public comments are addressed in full
in a document entitled ``Response to Public Comments on the Proposed
Issuance of the Kodiak Seafood Processors General NPDES Permit.'' This
document is being sent to all commenters, current permittees, and
applicants and is available to other parties upon request from the
address below.
ADDRESSES: Unless otherwise noted in the permit, correspondence
regarding this permit should be sent to The Environmental Protection
Agency, Region 10, NPDES Compliance Unit (OW-133), 1200 Sixth Avenue,
Seattle, Washington, 98101.
FOR FURTHER INFORMATION CONTACT: Florence Carroll, of EPA Region 10, at
the address listed above or telephone (206) 553-1760. Copies of the
final Kodiak General NPDES Permit are available upon request from the
Region 10 Public Environmental Resource Center at the following
telephone numbers: 1-800-424-4EPA (4372) for Idaho, Oregon, and
Washington; 1-206-553-1200 for Alaska and for all other states.
SUPPLEMENTARY INFORMATION: EPA issues this Kodiak seafood processors
general NPDES permit pursuant to its authority under sections 301(b),
304, 306, 307, 401, 403, and 501 of the Clean Water Act. The fact sheet
for the draft permit, the response to comments document, 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
(ADEC), 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 Kodiak seafood
processors general NPDES permit is consistent with the approved Alaska
Coastal Management Program.
Changes have been made from the draft permit to 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 included in the final permit: (1) Requirements
for fish powder in the draft permit were less stringent than is usually
required of fish meal production so EPA determined that the production
of fish powder and the production of fish meal are essentially the same
and has applied the effluent limitation guidelines for fish meal to the
two facilities operating fish meal/powder plants, thereby allowing
Kodiak Fishmeal Company to be covered by the Kodiak general permit; (2)
a new provision allows individual processors to transport solid fish
wastes (ground to 0.5 inch particles before discharge) to the ocean
dumping site upon notice and approval of ADEC and EPA when the by-
product facility cannot take additional wastes; and (3) a map showing
the location of the ocean dumping site.
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 permit in the Federal Court of Appeals in
accordance with section 509(b)(1) of the Clean Water Act. Persons
affected by a general permit may not challenge the conditions of the
permit as a right of further EPA proceedings. Instead, they may either
challenge the permit in court or apply for an individual NPDES permit
and then request a formal hearing on the issuance or denial of an
individual permit.
Dated: March 16, 1998.
Philip G. Milliam,
Director, Office of Water.
Authorization to Discharge Under the National Pollutant Discharge
Elimination System for Seafood Processors Operating Shorebased
Facilities in Kodiak, Alaska
[General NPDES Permit No. AK-G52-8000]
In compliance with the provisions of the Clean Water Act, 33 U.S.C.
1251 et seq., (hereafter, CWA or the Act), the owners and operators of
seafood processing facilities and a by-product recovery facility in
Kodiak, Alaska, are authorized to discharge seafood processing wastes
and the concomitant wastes set out in this Permit to waters of the
United States, named St. Paul Harbor and Near Island Channel, Alaska,
in accordance with effluent limitations, monitoring requirements and
other conditions set forth herein. The discharge of wastes not
specifically set out in this Permit is not authorized under this
Permit.
Upon the effective date of this Permit, it is the controlling
document for regulation of seafood processing wastes and other
designated wastewaters discharged to St. Paul Harbor and Near Island
Channel, Alaska. A copy of this Generaly Permit must be kept at the
seafood processing facility where the discharge occurs.
This Permit shall become effective 30 days after issuance.
This Permit and the authorization to discharge shall expire at
midnight five years from the effective date of the permit.
Signed this 16th day of March, 1998.
Philip G. Millam,
Director, Office of Water, Region 10, U.S. Environmental Protection
Agency.
Table of Contents
1 Authorized Facilities
1.1 Existing Facilities
1.2 New Facilities
2 Authorized Discharges
2.1 Seafood Processing Wastewaters
2.2 Process Disinfectants
2.3 Domestic and Sanitary Wastewaters
2.4 Non-process Wastewaters
2.5 Unauthorized Discharges
3 Effluent Conditions and Monitoring Requirements
3.1 Butchering Waste Stream
3.2 Surimi Processing Waste Stream
3.3 Fish Meal/Powder Waste Stream
3.4 Domestic and Sanitary Waste Stream
3.5 Waste Disposal Practices
3.6 Discharge Requirements
3.7 Environmental Effects
3.8 Alaska State Water Quality Standards
3.9 Reopening of Permit
4 Waste Minimization and Monitoring Requirements
4.1 Best Management Practices Plan.
4.2. Seafloor Monitoring
5 Quality Assurance Requirements
5.1 Purpose and Objectives
5.2 Requirements
6 General Monitoring and Records Requirements
6.1 General Monitoring
6.2 Records Requirements
7 Reporting Requirements
7.1 Noncompliance Reporting
7.2 Planned Changes
[[Page 15405]]
7.3 Notice of New Introduction of Pollutants
7.4 Anticipated Noncompliance
8 General Compliance Responsibilities
8.1 Duty to Comply
8.2 Penalties for Violations of Permit Conditions
8.3 Need to Halt or Reduce Activity Not a Defense
8.4 Duty to Mitigate
8.5 Proper Operation and Maintenance
8.6 Bypass of Treatment Facilities
8.7 Upset Conditions
8.8 Toxic Pollutants
9 General Provisions
9.1 Permit Actions
9.2 Duty to Reapply
9.3 Duty to Provide Information
9.4 Other Information
9.5 Signatory Requirements
9.6 Availability of Reports
9.7 Inspection and Entry
9.8 Oil and Hazardous Substance Liability
9.9 Property Rights
9.10 Severability
9.11 Transfers
9.12 State Laws
10 Definitions and Acronyms
1 Authorized Facilities
1.1 Existing Facilities
The facilities listed below are authorized to discharge to the
designated receiving water under this general Permit and are assigned
the following NPDES number:
AK-G52-8110--Alaska Fresh Seafoods, Near Island Channel
AK-G52-8434--Alaska Pacific Seafoods, St. Paul Harbor
AK-G52-8486--Cook Inlet Processing, St. Paul Harbor
AK-G52-8426--East Point Seafoods, Near Island Channel
AK-G52-8353--International Seafoods-Shelikof, St. Paul Harbor
AK-G52-8266--International Seafoods-Marine, Near Island Channel
AK-G52-8234--Kodiak Fish Meal Company, St. Paul Harbor
AK-G52-8493--Ocean Beauty-King Crab, St. Paul Harbor
AK-G52-8361--Tyson Enterprise Seafoods-Alcod, Near Island Channel
AK-G52-8833--Tyson Enterprise Seafoods-Star, Near Island Channel
AK-G52-8825--Western Alaska Fisheries, St. Paul Harbor
1.2 New Facilities
In order to be authorized to discharge any of the pollutants set
out in 2.0 of this general NPDES Permit, a seafood processing facility
in Kodiak, Alaska, must apply for coverage under this Permit. Any new
applicants (other than those listed above) wishing authorization to
discharge under this Permit shall submit EPA Form 3510-1 General
Information, EPA Form 3510.2C NPDES, and the State of Alaska Coastal
Project Questionnaire and Certification Statement.
In compliance with the Paperwork Reduction Act, 44 U.S.C. 1501 et
seq., the Office of Management and Budget has approved the collection
of information in an NPDES application (OMB No. 2040-0086).
A qualified applicant will be authorized to discharge under this
Permit upon its certified receipt from EPA of written notification of
inclusion and the assignment of an NPDES permit number.
2 Authorized Discharges
This Permit authorizes the discharge of the following pollutants
subject to the limitations and conditions set forth herein.
2.1 Seafood Processing Wastewaters
Seafood processing wastewaters include screened process wastewater
from conventional or mechanized butchering of seafood, from the
production of surimi and/or fish paste that is washed repeatedly in
water then pressed to remove residual water, and from the processing of
seafood wastes into fish meal/powder.
2.2 Process Disinfectants
Disinfectants and detergents may be added to wash down water and
scrubber water to facilitate the removal of wastes and to maintain
sanitary standards during processing. The discharge of residual amounts
of process disinfectants used to sanitize seafood processing areas is
permitted.
2.3 Domestic and Sanitary Wastewaters
Cook Inlet Processing is the only facility authorized to discharge
treated domestic and sanitary wastewater to St. Paul Harbor. Domestic
and sanitary wastewaters from all other facilities shall be discharged
to the Kodiak municipal wastewater treatment facility.
2.4 Non-Process Wastewaters
Non-process wastewaters include non-contact cooling water, boiler
water, freshwater pressure relief water, refrigeration condensate,
water used to transfer seafood to the facility, live tank water, and
other non-process water (except wastewater from floor drains). These
wastewaters may be discharged without treatment to the receiving water
through conveyances, provided that the discharges are in compliance
with Alaska State Water Quality Standards. Persistent foam or scum
generated by the discharge of non-process wastewaters, e.g., water used
to transfer seafood, shall be a violation of the Alaska State Water
Quality Standards and conditions of this Permit.
2.5 Unauthorized Discharges
Discharge of wastes and pollutants not specifically set out above
are not authorized under this Permit.
3 Effluent Conditions and Monitoring Requirements
3.1 Butchering Waste Stream
During the effective term of this Permit, the permittee is
authorized to discharge process wastewater from the butchering of
seafood to St. Paul Harbor or Near Island Channel. Treatment of the
butchering waste stream prior to discharge shall be accomplished
through the use of fine mesh screening (1 mm) or equivalent technology.
Seafood wastes shall not be pulverized, chopped, ground or otherwise
altered prior to screening and discharge through the facility's
outfall.
3.1.1 Limitation on pH
The effluent pH shall not be less than 6.5 standard units nor
greater than 8.5 standard units.
3.1.2 Mechanized Limitations
If 50% or more of the weight of the solid wastes are generated from
the use of one or more automated or mechanized method, then select the
mechanized limitations for reporting. (See 11.1 and 11.2 for the method
of calculating multi-processing limits.)
3.1.3 Specific Limitations
Discharges from the conventional or mechanized butchering of
seafood shall be limited as specified below (limitations are based upon
the raw products processed on the day samples are collected):
[[Page 15406]]
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Conventional/hand-butchered lbs/1000 lbs Mechanized lbs/1000 lbs
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Total suspended solids Oil and grease Total suspended solids Oil and grease
Type of seafood -------------------------------------------------------------------------------------------------------------
Monthly
Daily max Monthly aver Daily max Monthly aver Daily max aver Daily max Monthly aver
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Bottom Fish............................... 3.1 1.9 4.3 0.56 22 12 9.9 3.9
Salmon.................................... 2.6 1.6 0.31 0.19 44 26 29 11
Herring Frozen Whole...................... 2.6 1.6 0.31 0.19 ........... ........... ............ ............
Shrimp.................................... 320 210 51 17 ........... ........... ............ ............
Scallops.................................. 6.6 1.4 7.7 0.24 ........... ........... ............ ............
Crab, whole/sections...................... 12 3.9 1.3 0.42 ........... ........... ............ ............
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Daily discharges shall be calculated as follows:
lbs pollutant/1000 lbs raw product = (Flow, mgd) x (pollutant, mg/L)
x (8.34) Total lbs processed during the sampling day
Bottom Fish includes Flounder (e.g., Arrowtooth), Rockfish/Red
Snapper, Pacific Cod, Halibut, Pollock, Black
Cod/Sablefish, Grey Cod, Flatfish/Sole,Whitefish
Salmon includes Pink, Chum, Sockeye, Coho, Silver and others
Crab includes King, Tanner (Opilio and Bairdi), Dungeness
Other incidental seafood, such as sea cucumbers, snails, skates,
sea urchins etc.
3.1.4 Monitoring Requirements
Effluent monitoring shall be conducted as follows:
Butchering Waste Stream Monitoring
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Parameter Frequency Sample type
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Flow (MGD).............................. Daily....................... 24-Hour Record.*
Total Suspended Solids (TSS; lbs/1000 Weekly...................... Composite/Grab.**
lbs, mg/L).
Oil and Grease*** (O&G; lbs/1000 lbs, mg/ Weekly...................... Grab.
L).
Settleable Solids (ml/L)................ Weekly...................... Composite/Grab.**
pH (standard units)..................... Weekly...................... Grab.
Production (raw; lbs)................... Weekly...................... Calculated.
Number of Processing Days............... Monthly..................... Measured.
Water Surface and Shoreline............. Daily....................... Visual Inspection.
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*Flow may be estimated if there is no dedicated flow meter measuring the flow for the butchering waste stream.
The DMR sample type should be filled in to reflect that the flow is estimated.
**Grab samples may be taken during intermittent processing.
***Analyze using the Collins/Tenny test procedure or any other EPA approved method.
3.1.5 Other Monitoring Requirements
Samples shall be taken from the effluent stream after screening and
prior to its discharge to the receiving water.
Daily flow used shall be recorded or estimated on the same day
effluent samples are taken. The flow measurement shall only include the
amount of water used for the butchering process. Flow may be estimated;
an explanation of how the flow is estimated shall accompany the first
monthly report.
Sampling shall be representative of the waste stream flow. When
processing is for short or intermittent periods, samples are to be
taken midway during processing, provided the processing period is more
than 6 hours.
Monitoring results for the conventional or mechanized butchering
wastewater shall be reported on the monthly Discharge Monitoring
Reports (DMRs) as both pollutant concentrations (mg/L) and loading
values (lbs pollutant parameter per 1000 lbs raw product).
The water surface and shoreline shall be visually inspected daily
for floating solids, garbage, grease, foam, and visible oil sheen.
Positive results from the water surface or shoreline inspections shall
be reported in accordance with ``Other Noncompliance'' [7.1.3], except
in circumstances of persistent conditions.
3.2 Surimi Processing Waste Stream
During the effective term of this Permit, the permittee is
authorized to discharge wastewater from processing of fish into surimi.
3.2.1 Effluent Limitations
Surimi wastewater shall be discharged to St. Paul Harbor or Near
Island Channel provided that the waste stream is screened to 1 mm or
equivalent technology.
3.2.2 Monitoring Requirements
The surimi waste stream shall be sampled prior to screening and
commingling with the final effluent discharge waste stream. The surimi
waste stream total concentration of TSS and O&G shall be determined by
laboratory analysis and subtracted from the final effluent discharge
(after screening) waste stream total concentration of TSS and O&G.
Monitoring shall be conducted as follows:
[[Page 15407]]
Surimi Waste Stream Monitoring
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Parameter Frequency Sample Type
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Flow (MGD).............................. Daily....................... 24-hour Record.*
Total Suspended Solids (TSS; mg/L)...... Weekly...................... Composite/Grab.**
Biochemical Oxygen Demand--5 day (BOD5; Weekly...................... Composite/Grab.**
mg/L).
Oil and Grease*** (O&G; mg/L)........... Weekly...................... Grab.
Production (lbs of fish into surimi).... Weekly...................... Calculated.
Number of Processing Days............... Monthly..................... Measured.
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*Flow may be estimated if there is no dedicated flow meter measuring the flow for surimi processing. The DMR
sample type should be filled in to reflect that the flow is estimated.
**Grab samples may be taken during intermittent processing.
***Analyze using the Collins/Tenny test procedure or any other EPA approved method.
3.2.3 Other Monitoring Requirements
Daily flow of the surimi waste stream shall be recorded or
estimated on the same day effluent samples are taken. The flow
measurement shall only include the amount of water used for the surimi
processing.
Sampling is to be representative of the waste stream flow. When
processing is for short periods or intermittent periods, samples are to
be taken midway during processing, provided the processing period is
more than 6 hours. Monitoring results for surimi processing wastewater
shall be reported on the appropriate monthly Discharge Monitoring
Reports (DMRs) as pollutant concentrations (mg/L).
3.3 Fish Meal/Powder Waste Stream
During the effective term of this Permit, the permittee is
authorized to discharge effluent from the processing of fish wastes
into fish meal/powder, including effluents from scrubber, evaporator
condensate, separator, cooker, decanter, and dryer.
3.3.1 Effluent Limitations
Wastewater from the processing of fish wastes into fish meal/powder
shall be discharged to St. Paul Harbor after screening to one (1) mm or
equivalent technology.
3.3.2 Limitations on pH
The instream measurement of pH shall not be less than 6.0 standard
units nor greater then 9.0 standard units.
3.3.3 Specific Limitations
Discharges from the processing of fish wastes into fish meal/powder
shall be limited as specified below (limitations are based upon the raw
product processed on the day samples are collected):
Fish Meal/Powder Waste Stream Limitations
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Monthly Daily
Pollutant parameter (units) Average* Maximum*
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Biochemical Oxygen Demand--5 day............. 3.8 6.7
(BOD5; lbs/1000 lbs, mg/L)................... ............ ...........
Total Suspended Solids....................... 1.5 3.7
(TSS; lbs/1000 lbs, mg/L..................... ............ ...........
Oil and Grease (O&G; lbs/1000 lbs, mg/L)..... 0.76 1.4
------------------------------------------------------------------------
*Daily of pounds of pollutants per 1,000 lbs of seafood wastes input
will be calculated as follows:
lbs pollutant/1000 lbs raw product = (Flow, mgd) x (pollutant, mg/L) x
(8.34)--total lbs processed during the sampling day.
3.3.4 Other Limitations
Temperature shall not exceed the Alaska Water Quality Standards.
Color shall not exceed the Alaska Water Quality Standards.
The effluent shall not cause a foam, film, sheen, emulsion, sludge
or solid residue on the surface or floor of the receiving water or on
the adjoining shorelines.
3.3.5 Monitoring Requirements
The fish meal/powder processing waste stream shall be sampled prior
to screening and commingling with the final effluent discharge waste
stream. The fish meal/powder processing waste stream total
concentration of TSS and O&G shall be determined by laboratory analysis
and subtracted from the final effluent discharge (after screening)
waste stream total concentration of TSS and O&G. Monitoring shall be
conducted as follows:
Fish Meal/Powder Waste Stream Monitoring
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Parameter (units) Frequency Sample Type
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Flow (mgd).............................. Daily....................... 24-hour Record*
Biochemical Oxygen Demand--5 day (BOD5; Weekly...................... Composite/Grab**
lbs/ 1000 lbs, mg/L).
Total Suspended Solids (TSS; lbs/1000 Weekly...................... Composite/Grab**
lbs, mg/L).
Oil and Grease*** (O&G; lbs/1000 lbs, mg/ Weekly...................... Grab
L).
pH (standards units).................... Monthly..................... Grab
Temperature (degree F.)................. Weekly...................... Grab
Settleable Solids (ml/L)................ Weekly...................... Composite/Grab**
Number of Processing Days............... Monthly..................... Measured
[[Page 15408]]
Color (color units)..................... Monthly..................... Grab
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* Flow may be estimated if there is no dedicated meter measuring the flow for fish meal/powder processing. The
DMR sample type should be filled in to reflect that the flow is estimated.
**Grab samples may be taken during intermittent processing.
***Analyze using the Collins/Tenny test procedure or any other EPA approved method.
3.3.6 Other Monitoring Requirements
Daily flow of the fish meal/powder processing waste stream shall be
recorded or estimated on the same day effluent samples are taken. The
flow measurement will only include the amount of water used for the
fish meal/powder processing.
Sampling is to be representative of the waste stream flow. When
processing is for short periods or intermittent periods, samples are to
be taken midway during processing, provided the processing period is
more than 6 hours.
Monitoring results for fish meal/powder processing wastewater shall
be reported on the appropriate monthly Discharge Monitoring Reports
(DMRs) in accordance with the parameter pollutant units noted in the
monitoring table at 3.3.3 and 3.3.5 above.
3.3.7 Stickwater Recycling and Monitoring
The discharge of stickwater will be allowed as long as the
permittee prevents or minimizes the generation and discharge of
stickwater from its facility. Stickwater shall be reduced at the source
or recycled in an environmentally safe manner whenever feasible.
The permittee will monitor stickwater recycling and discharge as
follows:
Percentage of stickwater recycled per day on a monthly average.
Total gallons of stickwater recycled monthly.
Total gallons of stickwater discharged monthly.
Using grab samples, monitor BOD5, TSS, and O&G
concentrations (mg/L) weekly when fish meal/powder is being produced;
when processing is for short periods or intermittent periods, samples
are to be taken midway during processing, provided the processing
period is more than 6 hours.
3.3.8 Best Management Practices
Through implementation of a BMP Plan a permittee will prevent or
minimize the generation and discharge of wastes and pollutants from the
facility to the waters of the United States. Pollution shall be
prevented or reduced at the source or recycled in an environmentally
safe manner whenever feasible. Disposal of wastes into the environment
shall be conducted in such a way as to have a minimal environmental
impact.
3.4 Domestic and Sanitary Waste Stream
All domestic and sanitary wastes shall be routed through a sanitary
waste treatment system and treated prior to discharge to meet the
secondary treatment limitations for BOD5 and TSS of 60 mg/L
daily maximum, 45 mg/L weekly average, and 30 mg/L monthly average.
Monthly monitoring records are to be kept at the facility and made
available for ADEC or EPA inspectors, upon request.
3.5 Waste Disposal Practices
Disposal of all solid seafood processing wastes shall be to a by-
product recovery facility. The by-product recovery facility is allowed
to dispose of solid seafood processing wastes at the ocean dumping site
(See Attachment 11.3 for the location of the ocean dum ping site) when
the amount of fish wastes exceeds the by-product facility capacity or
other circumstances when the by-product recovery facility is unable to
take the solids wastes. The solid seafood processing wastes to be
disposed of in the ocean dumping site shall be ground to 0.5 inch
particle size prior to discharge.
3.5.1 Permittees' Use of the Ocean Dumping Site
Individual permittee will be allowed to transport solid seafood
wastes to the ocean jumping site upon notification and approval of EPA
and ADEC. The solid seafood processing wastes to be disposed of in the
ocean dumping site shall be ground to 0.5 inch particle size prior to
discharge. Logs of any ocean dumping shall be submitted with the
monthly DMR (See. 3.5.3 below).
3.5.2 Unsuitable Species for By-Product Recovery
If a species of fish or shellfish is classified as unsuitable for
processing at a by-product recovery facility, the permittee may submit
a written request to EPA and ADEC to dispose of the seafood waste in
the ocean dumping site. The written request must include the reason a
species would be considered unsuitable for by-product recovery. If EPA
and ADEC approve the permittee's request and classifies a species as
unsuitable for processing at a by-product recovery facility, that
classification shall remain in effect for the term of this Permit.
3.5.3 Ocean Dumping Log
Any use of the ocean dumping site must be documented in a log with
the date, an estimate of the quantity of seafood wastes dumped, the
name and address of the company barging the seafood wastes to the
dumping zone, and the latitude and longitude of area where the seafood
wastes are being disposed of in the dumping site. Notation shall also
be made of any marine mammals in the dumping area. Any such dumping
must occur while the vessel is underway.
3.6 Discharge Requirements
The permittee shall discharge its process wastewaters through
outfalls in the general configuration described in the permittee's
NPDES application.
There shall be no discharge if the outfall line is severed, fails,
leaks, or is displaced from designed specifications or location.
3.7 Environmental Effects
There shall be no discharge of floating solids, visible foam, or
oily wastes which product a sheen on the surface of the receiving
water.
There shall be no accumulation of seafood processing wastes on the
shoreline.
There shall be no accumulation of wastes on the seafloor of the
receiving water.
3.8 Alaska State Water Quality Standards
All discharges shall be in compliance with Alaska State Water
Quality Standards.
3.9 Reopening of Permit
If these Permit requirements are insufficient to achieve Alaska
State Water Quality Standards, EPA, in consultation with ADEC, may
reopen and modify the Permit in accordance with 40 CFR
122.44(d)(1)(C)(4) and 40
[[Page 15409]]
CFR 122.62 to include more stringent effluent limitations and/or
additional monitoring requirements.
4 Waste Minimization and Monitoring Requirements
4.1 Best Management Practices Plan 4.1.1 Applicability
During the term of this Permit all permittees shall operate in
accordance with a Best Management Practices (BMP) Plan.
4.1.2 Purpose
Through implementation of a BMP Plan a permittee shall prevent or
minimize the generation and discharge of wastes and pollutants from the
facility to the waters of the United States. Pollution shall be
prevented or reduced at the source or recycled in an environmentally
safe manner whenever feasible. Disposal of wastes into the environment
shall be conducted in such a way as to have a minimal environmental
impact.
4.1.3 Objectives
A permittee shall develop its BMP Plan consistent with the
following objectives:
The number and quantity of wastes and pollutants shall be minimized
by a permittee to the extent feasible by managing each effluent waste
stream in the most appropriate manner; Standard Operating Procedures
(SOPs) shall ensure proper operation and maintenance of the facility;
Evaluations for the control of wastes and pollutants shall include the
following: Examination of each facility component or system for its
waste minimization opportunities and its potential for causing a
release of significant amounts of pollutants to receiving waters due to
the failure or improper operation of equipment; Examination of all
normal operations, including raw material and product storage areas,
in-plant conveyance of product, processing and product handling areas,
loading or unloading operations, spillage or leaks from the processing
floor and dock, and sludge and waste disposal; Examination of all
facility equipment for potential failure and any resulting overflow of
wastes and pollutants to receiving waters, including storm water;
provision shall be made for emergency measures to be taken in such an
event; and Examination of emergency release provision, e.g., ammonia or
chlorine discharge.
4.1.4 Requirements
The BMP Plan shall be documented in narrative form, shall include
any necessary plot plans, drawings or maps, and shall be developed in
accordance with good engineering practices. The BMP Plan shall be
organized and written with the following structure:
Name and location of the facility; Statement of BMP policy;
Materials accounting of the inputs, processes and outputs of the
facility; Risk identification and assessment of pollutant discharges;
Specific management practices and standard operating procedures to
achieve the above objectives, including, but not limited to, the
modification of equipment, facilities, technology, processes and
procedures, and the improvement in management, inventory control,
materials handling or general operational phases of the facility; Good
housekeeping; Preventative maintenance; Inspections and records; and
Employee training.
4.1.5 BMP Review
The BMP Plan shall include the following provisions concerning its
review: Be reviewed by the facility manager and appropriate staff; and
Include a statement that the above review has been completed and that
the BMP Plan fulfills the requirements set forth in this Permit. The
statement shall be certified by the dated signature of the facility
manager.
4.1.6 Implementation
A permittee shall develop and implement a BMP Plan within six
months from the date of issuance of this Permit.
4.1.7 Documentation
No later than six months from the date of issuance of this Permit,
a permittee shall submit to EPA and ADEC written certification (See
9.5.4) signed by a principal office or a duly appointed representative
of the permittee, that a BMP plant has been completed and implemented.
A permittee shall maintain a copy of its BMP plan at its facility and
shall make the plan available to EPA or ADEC upon request.
4.1.8 BMP Plan Modification
A permittee shall amend the BMP Plan whenever there is a change in
the facility or in the operation of the facility which materially
increases the generation of pollutants and their release or potential
release to the receiving waters. A permittee shall also amend the Plan,
as appropriate, when facility operations covered by the BMP Plan
change. Any such changes to the BMP Plan shall be consistent with the
objectives and specific requirements listed above. All changes in the
BMP Plan shall be reviewed by the facility manager.
4.1.9 Modification for Ineffectiveness
At any time, if a BMP Plan proves to be ineffective in achieving
the general objective of preventing and minimizing the generation of
pollutants and their release and potential release to the receiving
waters and/or the specific requirements above, this Permit and/or the
BMP Plan shall be subject to modification to incorporate revised BMP
requirements.
4.2 Seafloor Monitoring
4.2.1 Applicability
All permittees covered under this Permit shall conduct a seafloor
monitoring program to determine compliance with 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.''
4.2.2 Objective
The seafloor monitoring program shall determine the areal extent
(in square feet) of any continuous deposit of sludge, solids, or
emulsion from seafood processing wastes on the seafloor bottom of St.
Paul Harbor or Near Island Channel.
4.2.3 Schedule
Each permittees covered under this Permit shall conduct the
seafloor monitoring program by September 30, 2000, and submit the
report to EPA and ADEC no later than December 31, 2000.
4.2.4 Method
The seafloor survey shall include the following elements: Location
(including distance from shore and company orientation), depth and
condition of the outfall line (including presence, size and location of
any breaks or cracks; Water depth at the end of the outfall pipe;
Inspection of the area at the end of the outfall pipe and documentation
of the type, depth, areal extent, estimated volume, and size of
particles of any waste accumulation; Description of the methodology
used by the surveyor including transects and location devices; Types of
substrate and habitat in and adjacent to the outfall area; Dates, time,
tidal movements, weather conditions, name and signature of surveyor,
name of company, and NPDES permit number(s); and Video and/or other
photographic documentation.
[[Page 15410]]
4.2.5 Signatory Requirement
Each permittee shall ensure that the seafloor monitoring report is
signed by a principal officer or a duly appointed representative of the
permittee. EPA recommends that the permittee require any of its
contractors or agents responsible for this monitoring to certify the
truth, accuracy, and completeness of the data reported in accordance
with the ``Signatory Requirements'' [9.5] of this Permit.
5 Quality Assurance Requirements
Each permittee covered under this Permit shall ensure the
development and written specification of quality assurance provisions
in effluent monitoring plans.
5.1 Purpose and Objectives
The purpose of quality assurance and control requirements is to
assure the integrity and quality of the data collected in the
monitoring required by this Permit and to assist in planning for the
collection and analysis of effluent samples and in explaining data
anomalies when they occur.
5.2 Requirements
5.2.1 Reference Documents
Throughout all sample collection and analysis activities, each
permittee shall use the EPA recommended quality assurance, quality
control, and chain-of-custody procedures described in EPA QA/R-5
``Requirements for Quality Assurance Project Plans'' and EPA QA/G-5
``Guidance on Quality Assurance Project Plans.'' The following
reference may be helpful in preparing the Quality Assurance Plan for
this permit: ``The Volunteer Monitors Guide to Quality Assurance
Project Plans'' (EPA 841-B-96-003, September 1996). [These documents
may be found on the Internet at http://www.epa.gov/r10earth/offices/
oea/qaindex.htm]
5.2.2 QA/QC Plan
The QA/QC plan shall include sampling techniques, the number of
samples, type of sample containers, preservation of samples, holding
times, type and number of quality assurance field samples, analytical
methods, analytical detection and quantitation limits (or method
detection level) for each target compound, precision and accuracy
requirements, sample preparation requirements, sample shipping methods,
and laboratory data delivery requirements.
Name(s), address(es), and telephone number(s) of the laboratories,
used by or proposed to be used by the permittee, shall be specified in
the Plan.
5.2.3 Retention of Laboratory Records
All laboratory bench sheets used in the analyses shall be maintain
for inspection by EPA or ADEC for a period of at least five years (See
``Retention of Records'' [6.2]).
5.2.4 Laboratory Director Certification
Each permittee shall require the laboratory director of each
laboratory providing measurement results in support of this Permit to
sign and submit to EPA the following statement on a monthly basis with
the DMR: I certify that this data is in compliance with requirements
under 40 CFR 136 and other analytical requirements specified in this
NPDES Permit, AK-G52-8000.
Signature--------------------------------------------------------------
Date-------------------------------------------------------------------
5.2.5 EPA Support of Quality Assurance and Control
Each permittee may obtain copies of all references cited in this
part of the Permit from the following address: Quality Assurance and
Data Unit, Office of Environmental Assessment, U.S. EPA, Region 10 OEA-
095, 1200 Sixth Avenue, Seattle, Washington 98101
5.2.6 Documentation
A permittee shall submit to EPA and ADEC written certification (See
9.5.4), signed by a principal office or a duly appointed representative
of the permittee, of the development and implementation of the QA/QC
plan not later than 12 months from the date of issuance of this Permit.
A permittee shall maintain a copy of its QA/QC plan at its facility and
shall make the plan available to EPA or ADEC upon request.
6 General Monitoring and Records Requirements
6.1 General Monitoring
6.1.1 Monitoring Procedures
Monitoring shall be conducted according to test procedures approved
under 40 CFR 136 or EPA approved methods, unless other test procedures
have been specified in the Permit. The Collins-Tenney test method is
allowed for testing of Oil and Grease. EPA Method 1664 for Oil Grease
has been approved as an alternative test procedure for Region 10.
6.1.2 Representative Effluent Sampling
Samples taken in compliance with the effluent monitoring
requirements of the Permit shall be collected from the effluent stream
prior to discharge into the receiving waters. Samples and measurements
shall be representative of the volume and nature of the monitored
discharge.
6.1.3 Additional Monitoring by the Permittee
If any pollutant is monitored more frequently than the Permit
requires, using test procedures approved under 40 CFR 136 or EPA
approved methods or as specified in the Permit, the results of this
monitoring shall be reported with the data submitted in the report of
effluent monitoring.
6.1.4 Submittal of Reports
Monitoring results shall be summarized each month on a Discharge
Monitoring Report (DMR). The reports shall be submitted monthly and are
to be postmarked by the 10th day of the following month. Legible copies
of these, and all other reports, shall be signed and certified in
accordance with the requirements of ``Signatory Requirements'' [9.5]
and ``Certification'' [9.5.4] and submitted to EPA and ADEC at the
following addresses:
Original to: U.S. EPA, Region 10, NPDES Compliance Unit OW-133,
1200 Sixth Avenue, Seattle, Washington 98101.
Copy to: Alaska Department of Environmental Conservation, Water
Permits 555 Cordova Street, Anchorage, Alaska 99501.
In compliance with the Paperwork Reduction Act, 44 U.S.C. 3501, et
seq., the Office of Management and Budget has approved the collection
of information in a Discharge Monitoring Report (OMB No. 2040-0004).
6.2 Records Requirements
6.2.1 Records Contents
All effluent monitoring records shall bear the hand-written
signature of the person who prepared them. In addition, all records of
monitoring information shall include: the date, exact place, and time
of sampling or measurements; the names of the individual(s) who
performed the sampling or measurements; the date(s) analyses were
performed; the names of the individual(s) who performed the analyses;
the analytical techniques or methods used; and the results of such
analyses.
6.2.2 Retention of Records
Each permittee shall retain copies of all monitoring information,
including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by this Permit, and records of all data
used to complete the application for this Permit, for a period of at
least five years from
[[Page 15411]]
the date of the sample, measurement, report or application. This period
may be extended by request of the Director or ADEC at any time.
6.2.3 On-site Availability of Records and Reports
Copies of this NPDES Permit, monitoring reports, and other
technical documents required under the Permit shall be maintained on-
site during the duration of activity at the permitted location.
7 Reporting Requirements
7.1 Noncompliance Reporting
7.1.1 Twenty-Four Hour Notice of Noncompliance
The following occurrences of noncompliance shall be reported by
telephone to EPA (206-553-1846) and ADEC (907-269-7500) within 24 hours
from the time the permittee becomes aware of the circumstances:
Any noncompliance which may endanger health or the environment; Any
violation of a maximum daily discharge limitation for any of the
pollutants listed in the Permit (See ``Effluent Limitations'' [3.1.2]);
Any unanticipated bypass which exceeds any effluent limitations in the
Permit (See ``Bypass of Treatment Facilities'' [8.6]); Any upset which
exceeds any effluent limitation in the Permit (See ``Upset Conditions''
[8.7]); or Instances of persistent floating solids, visible foam, or
oily wastes and shoreline accumulations (See ``Environmental Effects
[3.1.3 and 3.1.4]).
7.1.2 Written Notice of Noncompliance
A written notice of the preceding occurrences of noncompliance
shall also be provided to EPA and ADEC (See ``Submittal of Reports''
[6.1.4]) within five days of the time that a permittee becomes aware of
the circumstances which lead to the noncompliance.
7.1.3 Other Noncompliance
Instances of noncompliance not required to be reported within 24
hours (such as monthly average exceedances) shall be reported at the
time that the next discharge monitoring report is submitted. The
written submittal shall contain: A description of the noncompliance and
its cause; The period of noncompliance, including exact dates and
times; The estimated time noncompliance is expected to continue if it
has not been corrected; and Steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
7.2 Planned Changes
A permittee shall give 60 days advance notice to EPA and ADEC as
soon as possible of any planned physical alterations or additions to
the permitted facility. Notice is required only when:
The alteration of, or addition to, the facility could result in
noncompliance with the explicit effluent limitation of the Permit; The
alteration of, or addition to, the facility could significantly change
the nature or increase the quantity of pollutants discharged which are
not limited explicitly in the Permit; or The alteration of, or addition
to, the facility may meet one of the criteria for determining whether
the facility is a new source as determined in 40 CFR 122.29(b).
7.3 Notice of New Introduction of Pollutants
The permittee shall provide 60 days advance notice to EPA and ADEC
of: Any new introduction of pollutants into the treatment works from an
indirect discharger which would be subject to Sections 301 or 306 of
the Act if it were directly discharging those pollutants; and Any
substantial change in the volume or character of pollutants being
introduced into the treatment works by a source introducing pollutants
into the treatment works at the time of issuance of the Permit.
7.4 Anticipated Noncompliance
The permittee shall also give advance notice to EPA and ADEC of any
planned changes in the permitted facility or activity which may result
in noncompliance with Permit requirements.
8 General Compliance Responsibilities
8.1 Duty To comply
Each permittee shall 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.
8.2 Penalties for Violations of Permit Conditions
8.2.1 Civil and administrative penalties
Sections 309(d) and 309(g) of the Act provide 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 $27,500 per day for each violation or an administrative penalty
not to exceed $11,000 per violation.
8.2.2 Criminal Penalties
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.
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.
Knowing Endangerment. The Act provides that any person who
knowingly violates a permit condition implementing Sections 301, 302,
303, 306, 307, 308, 318, or 405 of the Act, and who knows at that time
that 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 be subject to a fine of
not more than $1,000,000.
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 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 ``Bypass of
Treatment Facilities'' [8.6] ``Upset Conditions'' [8.7], nothing in
this Permit shall be construed to relieve a permittee of the civil or
criminal penalties for noncompliance.
8.3 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.
8.4 Duty To Mitigate
A permittee shall take all reasonable steps to minimize or prevent
any
[[Page 15412]]
discharge in violation of this Permit that has a reasonable likelihood
of adversely affecting human health or the environment.
8.5 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.
8.6 Bypass of Treatment Facilities
8.6.1 Bypass Not Exceeding Limitations
Bypass of wastewater treatment is prohibited if such bypass will
produce a discharge which exceeds the effluent limitations of the
Permit. EPA or ADEC may take enforcement action against a permittee for
a bypass, unless: 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 shall have been installed in the exercise of
reasonable engineering judgment to prevent a bypass that occurred
during normal periods of equipment downtime or preventive maintenance;
and A permittee submitted notices as follows:
Notice of an anticipated bypass. If a permittee knows in advance of
the need for a bypass, it shall submit prior notice, if possible at
least 10 days before the date of the bypass.
Notice of an unanticipated bypass.A permittee shall submit notice
of an unanticipated bypass as required under ``Noncompliance
Reporting'' [7.1].
8.6.2 Bypass Approval
EPA and ADEC may approve an anticipated bypass, after considering
its adverse effects, if EPA and ADEC determine that it will meet the
three conditions listed above in 8.6.1 of this Permit.
8.7 Upset Conditions
8.7.1 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 8.7.2. 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.
8.7.2 Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of
upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that: An upset occurred and
that a permittee can identify the cause(s) of the upset; The permitted
facility was at the time being properly operated; The permittee
submitted notice of the upset as required under ``Reporting of
Noncompliance'' [7.1]; and The permittee complied with any remedial
measures as required under ``Duty to Mitigate'' [8.4].
8.7.3 Burden of Proof
In any enforcement proceeding, the permittee seeking to establish
the occurrence of an upset has the burden of proof.
8.8 Toxic Pollutants
Each permittee shall comply with effluent standards or prohibitions
established under Section 307(a) of the Act for toxic pollutants within
the time provided in the regulations that establish those standards or
prohibitions.
9 General Provisions
9.1 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.
9.2 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.
9.3 Duty To Provide Information
A permittee shall furnish to EPA and ADEC, within the time
specified in the request, any information that EPA or ADEC may request
to determine whether cause exists for modifying, revoking and
reissuing, or terminating this Permit, or to determine compliance with
this Permit. A permittee shall also furnish to EPA or ADEC, upon
request, copies of records required to be kept by this Permit.
9.4 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 EPA or ADEC, it
shall promptly submit the omitted facts or corrected information.
9.5 Signatory Requirements
All applications, reports. or information submitted to EPA and ADEC
shall be signed and certified.
9.5.1 Permit Applications
All permit applications shall be signed as follows: For a
corporation: by a responsible corporate officer; For a partnership or
sole proprietorship: by a general partner or the proprietor,
respectively; For a municipality, state, federal, or other public
agency: by either a principal executive officer or ranking elected
official.
9.5.2 Required Reports and Information
All reports required by this Permit and other information requested
by EPA or ADEC shall be signed by a person described above or by a duly
authorized representative of that person. A person is a duly authorized
representative only if: The authorization is made in writing by a
person described above and submitted to EPA and ADEC, and 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.)
9.5.3 Changes to Authorization
If an authorization under ``Signatory Requirements'' [9.5] is no
longer accurate because a different individual or position has
responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of this section must be
submitted to EPA and ADEC prior to or
[[Page 15413]]
together with any reports, information, or applications to be signed by
an authorized representative.
9.5.4 Certification
Any person signing a document required by this Permit shall make
the following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
9.6 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 EPA and ADEC. A permittee may claim
certain types of information as business confidential. When the
information is submitted in response to a permit requirement, the
permittee will need to identify which documents or portions of
documents are company confidential (See 40 CFR 2.203(b)). As required
by the Act, permit applications, permits, and effluent data shall not
be considered confidential.
9.7 Inspection and Entry
A permittee shall allow EPA, ADEC, or an authorized representative
(including an authorized contractor acting as a representative of the
Administrator), upon the presentation of credentials and other
documents as may be required by law, to: Enter 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; Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this Permit; Inspect at reasonable
times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this
Permit; and Sample or monitor at reasonable times, for the purpose of
assuring permit compliance or as otherwise authorized by the Act, any
substances or parameters at any location.
9.8 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.
9.9 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.
9.10 Severability
The provisions of this Permit are severable. If any provision of
this Permit, or the application of any provision of this Permit to any
circumstance, is held invalid, the application of such provision to
other circumstances, and the remainder of this Permit, shall not be
affected thereby.
9.11 Transfers
This Permit may be automatically transferred to a new permittee if:
The current permittee notifies EPA at least 30 days in advance of the
proposed transfer date; The notice includes a written agreement between
the existing and new permittees containing a specific date for transfer
of permit responsibility, coverage, and liability between them; and EPA
does not notify the existing permittee and the proposed new permittee
of 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 the preceding paragraph.
9.12 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 Definitions and Acronyms
ADEC means Alaska Department of Environmental Conservation.
BMP means best management practices.
Bottom Fish includes Flounder (e.g., arrowtooth), Rockfish/Red
Snapper, Pacific and Grey Cod, Halibut, Pollock, Black Cod/Sablefish,
Flatfish/Sole, Whitefish.
Bypass means the intentional diversion of waste streams from any
portion of a treatment facility (See 8.6).
CFR means the Code of Federal Regulations.
Cooling water means once-through non-contact cooling water.
CWA means the Clean Water Act.
Crab includes King, Tanner (Opilio and Bairdi), and Dungeness.
Daily discharge means the discharge of a pollutant measured during
a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants with limitations
expressed in units of mass, the ``daily discharge'' is calculated as
the total mass of the pollutant discharged over the day. For pollutants
with limitations expressed in other units of measurement, the ``daily
discharge'' is calculated as the average measurement of the pollutant
over the day.
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, fish-cleaning
stations, galleys, and laundries.
EPA means the United States Environmental Protection Agency.
Maximum means the highest measured discharge or pollutant in a
waste stream during the time period of interest.
mg/L means milligrams per liter.
Monthly average means the average of daily discharges over a
monitoring month, calculated as the sum of all daily discharges
measured during a monitoring month divided by the number of daily
discharges measured during that month. One sample taken in a monitoring
month is not considered a monthly average.
NOI means a ``Notice of Intent,'' that is, an application for
authorization to discharge under a general NPDES permit.
Ocean Dumping Site means a area in Chiniak Bay beginning at
approximately 150 deg.22'W to approximately 150 deg.11' W along the 50
fathom line, north of Humpback Rock to the base line from east end of
Long Island to Cape Chiniak. Solid seafood wastes are allowed to be
dumped within this area provided the dumping vessel is underway and the
seafood wastes are ground to a 0.5 inch particle size prior to
discharge.
Persistent means that floating solids, visible foam, or oily wastes
(including a sheen) on the surface of the receiving water above the
outfall terminus and/or
[[Page 15414]]
immediately adjacent to a permittee's dock and shoreline are visible
longer than one tidal cycle.
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.
Salmon includes Pink, Chum, Sockeye, Coho, Silver, and others.
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.
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 due to inadequate
treatment facilities, lack of preventive maintenance, or careless or
improper operation (See 8.7).
U.S.C. means United States Code.
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. 98-7642 Filed 3-30-98; 8:45 am]
BILLING CODE 6560-50-P
