[Federal Register Volume 60, Number 128 (Wednesday, July 5, 1995)]
[Notices]
[Pages 34992-35017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16177]
Authorization To Discharge Under The National Pollutant Disharge
Elimination System For Seafood Processors In Alaska
[General Permit No.: AKG-52-0000]
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 described in Part I of this general
National Pollutant Discharge Elimination System (NPDES) Permit are
authorized to discharge seafood processing wastes and the concomitant
wastes set out in Part II of this Permit to waters of the United
States, except those excluded from authorization of discharge in Part
III of this Permit, in accordance with effluent limitations, monitoring
requirements and other conditions set forth herein. The discharge of
wastes not specifically set out in Part II of this permit is not
authorized under this permit.
The general NPDES permit AK-G52-0000 reissued in 1989 is invalid as
of the effective date of this reissued permit, except as provided for
in the State of Alaska Consistency Conditions.
A copy of this general permit must be kept at the seafood
processors facility where the discharges occur.
This permit shall become effective August 4, 1995.
This permit and the authorization to discharge shall expire at
midnight, 5 years from the effective date of the permit.
Signed this 21st day of June.
Janis Hastings,
Acting Director, Water Division, Region 10, U.S. Environmental
Protection Agency.
Table of Contents
Cover Page
I. Authorized Facilities
II. Authorized Discharges
III. Areas Excluded From Authorization Under This General NPDES
Permit
A. Protected Water Resources and Special Habitats
B. At-risk water resources and waterbodies
C. Degraded waterbodies
D. Designated fish processing center
E. Waiver
IV. Application to be Permitted Under This General NPDES Permit
A. Submittal of a Notice of Intent to be covered under this
general NPDES permit
B. What constitutes a ``timely'' submittal of a Notice of Intent
C. What constitutes a ``complete'' submittal of a Notice of
Intent
D. How does an applicant request a waiver to discharge in an
excluded area under this general NPDES permit
V. Categories of Permittees and Requirements
A. Offshore seafood processors
B. Nearshore seafood processors
[[Page 34993]]
C. Shore-based seafood processors
VI. Specific Waste Minimization and Monitoring Requirements
A. Best management practices plan
B. Annual report
C. Seafloor monitoring requirements
D. Sea surface and shoreline monitoring requirements
VII. Recording and Reporting Requirements
A. Records contents
B. Retention of records
C. Twenty-four hour notice of noncompliance reporting
D. Other noncompliance reporting
VIII. Compliance Responsibilities
A. Duty to comply
B. Penalties for violations of permit conditions
C. Need to halt or reduce activity not a defense
D. Duty to mitigate
E. Proper operation and maintenance
F. Bypass of treatment facilities
G. Upset conditions
H. Planned changes
I. Anticipated noncompliance
IX. General Provisions
A. Permit actions
B. Duty to reapply
C. Duty to provide information
D. Incorrect information and omissions
E. Signatory requirements
F. Availability of reports
G. Inspection and entry
H. Oil and hazardous substance liability
I. Property rights
J. Severability
K. Transfers
L. State laws
M. Reopener clause
X. DEFINITIONS and ACRONYMS
APPENDIX: List of Areas Excluded from Coverage
ATTACHMENT: State Consistency Conditions
Authorized Facilities
Subject to the restrictions of Part III of this Permit (excluded
areas), the following categories of dischargers are authorized to
discharge the pollutants set out in Part II of this permit once a
Notice of Intent has been filed with, and an authorization is received
from, EPA.
A. Owners and operators of the facilities operating offshore or
nearshore vessels, and shore-based vessels or onshore facilities
engaged in the processing of fresh, frozen, canned, smoked, salted or
pickled seafoods.
B. Owners and operators of the facilities operating offshore
vessels that are engaged in the processing of seafood paste, mince or
meal.
Shore-based and nearshore seafood processors discharging seafood
paste, mince or meal process wastes to receiving waters within one (1)
nautical mile of shore at MLLW are not authorized to discharge under
this general NPDES permit.
Operations which catch and process seafood and which discharge less
than one thousand (1,000) pounds of seafood waste per day and less than
fifteen tons (30,000 lbs) of seafood waste per year may be but are not
required to be covered under this general NPDES permit.
II. Authorized Discharges
A. This Permit authorizes the discharge of the following pollutants
subject to the limitations and conditions set forth herein:
Seafood process wastes;
Process disinfectants;
Sanitary wastewater; and
D. Other wastewaters, including domestic wastewater, cooling water,
boiler water, gray water, freshwater pressure relief water,
refrigeration condensate, water used to transfer seafood to the
facility, and live tank water.
The discharge of wastes not specifically set out in this Part is
not authorized under this Permit.
III. Areas Excluded From Authorization Under This General NPDES
Permit
Subject to the waiver provision set out in Part III.E below, this
Permit does not authorize the discharge of pollutants in the following
circumstances.
A. Protected Water Resources and Special Habitats
This Permit does not authorize the discharge of pollutants in the
protected water resources and special habitats as described below and
listed in the Appendix.
1. Within one (1) nautical mile of a State Game Sanctuary, State
Game Refuge or State Critical Habitat.
2. Within one (1) nautical mile of a National Park or Preserve.
3. Within one (1) nautical mile of a National Wildlife Refuge.
4. Within one (1) nautical mile of a National Wilderness Area.
5. Within three (3) nautical miles of the seaward boundary of a
rookery or major haul-out area of the Steller sea lion which has been
designated as ``critical habitat'' by the National Marine Fisheries
Service (NMFS).
6. Within one (1) nautical mile of the seaward boundary of a
rookery of the northern fur seal during the period May 1 through
November 15.
7. Within one (1) nautical mile of the seaward boundary of a
nesting area of a colony of one thousand or more of the following
seabirds during the period May 1 through September 30: auklets,
cormorants, fulmars, guillemots, kittiwakes, murrelets, murres, puffins
and/or terns.
8. In a river designated as wild or scenic under the Wild and
Scenic Rivers Act.
B. At-risk Water Resources and Waterbodies
This Permit does not authorize the discharge of pollutants in the
following at-risk water resources and waterbodies.
1. Areas with water depth of less than ten (10) fathoms mean lower
low water (MLLW) that have or are likely to have poor flushing,
including but not limited to sheltered waterbodies such as bays,
harbors, inlets, coves and lagoons and semi-enclosed water basins
bordered by sills of less than ten (10) fathom depth. For the purposes
of this section, ``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 three hundred (300) feet of the outfall.
2. Akun Island: Lost Harbor.
3. Streams or rivers within one (1) statute mile upstream of a
permanent drinking water intake.
4. Lakes or other impoundments of fresh water.
C. Degraded Waterbodies
This Permit does not authorize the discharge of pollutants in the
following degraded waterbodies.
1. Akutan Island: Akutan Harbor west of longitude 165 deg.46'00''
W.
2. Unalaska Island: Unalaska Bay and continuous inshore waters
south of latitude 53 deg.57'50'' N.
3. Udagak Bay: waters of the bay from a line extending between
latitude 53 deg.44'32''N, longitude 166 deg.19'14''W and latitude
53 deg.44'04''N, longitude 166 deg.18'32''W.
4. Ward Cove.
5. Any waterbody included in ADEC's CWA Sec. 305(b) report or CWA
Sec. 303(d) list of waters which are ``impaired'' by seafood processor
discharges or ``water quality-limited'' for dissolved oxygen or
residues (i.e., floating solids, debris, sludge, deposits, foam or
scum).
D. Designated Fish Processing Center
This Permit does not authorize the discharge of pollutants to
receiving waters adjacent to the City of Kodiak, including Kodiak
Harbor, St. Paul Harbor, Near Island Channel, Women's Bay and Woody
Island Channel.
E. Waiver
An owner or operator of a seafood processing facility may request a
waiver to discharge under this Permit in the excluded areas listed in
Parts III.A.-D. above. In order to obtain a waiver to discharge in one
or more of these excluded areas, an applicant must submit a timely and
complete request for a waiver in accordance with the requirements
listed in Part IV.D. below. Pre-existing, permanent onshore siting
[[Page 34994]]
may be considered justification for a waiver.
A waiver will not be granted until after consultation between EPA,
ADEC and other appropriate government offices to determine that the
proposed discharge will comply with applicable State and federal laws
and regulations and State-approved Coastal Zone Management Plans.
IV. Application To Be Permitted Under This General NPDES Permit
In order to be authorized to discharge any of the pollutants set
out in Part II above to waters of the United States under this general
NPDES permit, one must apply for coverage under this Permit. This
general NPDES permit does not authorize any discharges from facilities
that have not applied for and received permission to discharge under
this Permit from EPA.
A. Submittal of a Notice of Intent to be Covered Under This General
NPDES Permit
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 its
certified receipt from EPA of written notification of inclusion and the
assignment of an NPDES permit number.
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 Code of Federal Regulations (CFR) Vol. 40, Section
122.28(b)(3).
A permittee authorized to discharge under this Permit shall submit
to EPA and ADEC an updated and amended NOI when there is any material
change in the information submitted within its original NOI.
In compliance with the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. the Office of Management and Budget has approved the information
in a Notice of Intent for permit application (OMB No. 2040-0086).
A permittee shall submit its Notice of Intent to be covered under
this general NPDES permit to:
U.S. Environmental Protection Agency Region 10, NPDES Compliance (WD-
135), 1200 Sixth Avenue, Seattle, Washington 98101
and, to the responsible ADEC office at
Alaska Department of Environmental Conservation, Southeastern Regional
Office, 410 Willoughby Avenue, Suite 105, Juneau, Alaska 99801
Attention: Wastewater Program
Alaska Department of Environmental Conservation, Southcentral Regional
Office, 3601 C Street, Suite 1334, Anchorage, Alaska 99503, Attention:
Wastewater Program
or
Alaska Department of Environmental Conservation, Western District
Office, Unalaska Field Office, P.O. Box 1071, Unalaska, Alaska 99692,
Attention: Wastewater Program
B. What constitutes a ``timely'' submittal of a Notice of Intent
1. A new permittee seeking coverage under this Permit shall submit
an NOI at least 60 days prior to commencement of operation and
discharge.
2. An existing permittee authorized to discharge under the general
NPDES permit for seafood processors, effective for the period October
30, 1989, through October 31, 1994, should submit an NOI at least 60
days prior to the expiration of that permit and shall submit an NOI no
later than 60 days after the effective date of this Permit.
3. An existing permittee authorized to discharge under an
individual NPDES permit and applying for authorization to discharge
pollutants under this Permit should submit an NOI at least 60 days
prior to the desired date of authorization to discharge under this
Permit and at least 180 days prior to the expiration date of the
individual NPDES permit.
C. What Constitutes a ``Complete'' Submittal of a Notice of Intent
1. Permit Information
An NOI shall include any NPDES number(s) currently or previously
assigned to the facility and the ADEC seafood processor license number.
2. Owner Information
An NOI shall include the name and the complete address and
telephone number of the owner of the facility and the name of its duly
authorized representative. If a facsimile machine is available at this
address, it is useful to provide a FAX number.
3. Company Information
a. An NOI shall include the name and the complete address and
telephone number of the company operating the facility and the name of
its duly authorized representative. If a facsimile machine is available
at this address, it is useful to provide a FAX number.
4. Facility Information
a. An NOI shall include the name, address and telephone number of
the facility. If the name of the facility 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 facsimile machine is available
at this address, it is useful to provide a FAX number.
b. For nearshore and shore-based facilities, an NOI shall include a
description of the physical location of the facility and its accurate
location in terms of latitude and longitude with a precision of at
least 15 seconds of a degree ( 0.25 mile). In addition, the
NOI should provide the Alaska Department of Fish and Game's (ADFG)
Fishery Management Areas in which a facility will operate and
discharge.
The NOI shall also include an area map of the facility and its
outfall(s). This map shall be based upon an official map or chart of
the National Oceanic and Atmospheric Administration (NOAA) or the U.S.
Geologic Survey (USGS) of a scale of resolution of from 1:20,000 to
1:65,000.
c. An NOI should include the number of seasonal and annual
employees of the facility.
d. For floating facilities, an NOI shall include the U.S. Coast
Guard (USCG) vessel number, the type, length and date of purchase of
the vessel, and the ADFG Fishery Management Area(s) in which a facility
will operate and discharge.
5. Facility Classification
An NOI shall include the classification(s) of the facility as one
or more of the following categories of seafood processors.
a. Offshore seafood processor: a processor operating and
discharging more than one (1) nautical mile from shore at MLLW.
b. Nearshore seafood processor: a processor operating and
discharging from one (1) to one half (0.5) nautical mile from shore at
MLLW.
c. Shore-based seafood processor: a processor operating and
discharging less than one half (0.5) nautical mile from shore at MLLW.
6. Production Information
An NOI shall include projected production data based upon
historical operations and design capacity. 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), and the maximum quantity of each raw product which can be
processed in a 24-hour day. The NOI shall also include the projected
processing location(s) and number of operating days by month for the
facility.
7. Receiving Water Information
[[Page 34995]]
An NOI shall include the name(s) of the waterbody(ies) receiving
the discharges of the facility and the name of any larger, adjacent
receiving waterbody.
The NOI shall include information concerning any areas within three
(3) nautical miles which are excluded from coverage under the Permit in
Part III above.
For nearshore and shore-based processors, an NOI shall include a
bathymetric map of the receiving water within one (1) nautical mile of
the discharge.
8. Description of Discharge(s)
An NOI shall include the depth at MLLW and distance from shore at
MLLW of the end of the outfall pipe at which the effluent is
discharged.
An NOI shall include information concerning all the discharges from
the facility.
a. Sanitary wastes. The NOI shall identify the type and capacity of
the sanitary wastewater treatment system.
b. Seafood process wastes. 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. Discharges should be described in terms of
specific seafood products processed and component wastewaters on a
monthly basis for one year of operation.
c. Other wastewaters. The NOI shall include information on process
disinfectants, domestic wastewater, cooling water, boiler water,
refrigeration condensate, transfer water, graywater, live tank water
and freshwater pressure relief water.
9. Signatory Requirements.
All permit applications shall be signed as follows:
a. For a corporation: by a principal corporate officer.
b. For a partnership or sole proprietorship: by a general partner
or the proprietor, respectively.
c. For a municipality, state, federal, or other public agency: by
either a principal executive officer or ranking elected official.
D. How Does an Applicant Request a Waiver to Discharge in an Excluded
Area Under This General NPDES Permit
An applicant who seeks a waiver of one or more of the requirements
for discharge location in Part III above must submit a timely and
complete request for a waiver in accordance with the following
requirements.
1. A Notice of Intent to be authorized to discharge under this
general NPDES permit in accordance with the requirements of Parts IV.A-
C. above.
2. A detailed description of the circumstances requiring discharges
to the excluded areas. This description should address alternatives to
discharging within the excluded area.
3. A detailed description of the nature, magnitude and duration of
the seafood processing operation and its discharges.
4. A detailed map showing the proposed facility location, outfall
location, receiving water bathymetry, surrounding upland topography,
and any protected water resources, special habitats or areas listed in
Part III above which are located within three (3) nautical miles of the
site or its outfall. This area map of the facility and its outfall(s)
shall be based upon an official map or chart of NOAA or USGS of a scale
of resolution from 1:20,000 to 1:65,000.
5. A description of how and why the discharges will not cause a
violation of State water quality standards, including antidegradation,
in the receiving waters [Alaska Administrative Code (AAC) Vol. 18, Part
70].
6. A description of how and why the discharges will not cause a
significant degradation of the physical, chemical or biological
integrity of the receiving water, including but not limited to seafloor
deposits of settleable residues, shoreline deposits of residues and
increased mortality in communities of marine life.
7. A description of how and why the discharges will not harm or
impair the reproduction and growth of any threatened or endangered
species within three (3) nautical miles of the proposed operation and
discharge.
A waiver will not be granted until after consultation between EPA,
ADEC and other appropriate government offices to determine that the
proposed discharge will comply with applicable State and federal laws
and regulations and State-approved Coastal Zone Management Plans.
V. Categories of Permittees and Requirements
A. Offshore Seafood Processors
(a processor operating and discharging more than one (1) nautical mile
from shore at MLLW)
1. Effluent Limitations and Requirements
a. Amount of seafood process wastes. A permittee shall not
discharge a volume or weight of seafood process wastes on a daily or
annual basis which exceeds the amount reported in the permittee's
Notice of Intent to be covered under this Permit.
b. Treatment and limitation of seafood process wastes. A permittee
shall route all seafood process wastes through a waste-handling system.
The waste solids discharged from the end of pipe shall not exceed one
half (0.5) inch in any dimension.
c. Scupper and floor drain wastes. A permittee shall route all
seafood process wastes from scuppers and floor drains through a waste-
handling system. The waste solids discharged from the end of pipe shall
not exceed one half (0.5) inch in any dimension.
d. Sanitary wastes. A permittee shall route all sanitary wastes
through a sanitary waste system that meets the applicable Coast Guard
pollution control standards then in effect (33 CFR part 159: ``Marine
sanitation devices''). Nonfunctioning and undersized systems are
prohibited.
e. Other wastewaters. A permittee shall not discharge any other
such wastewaters that contain foam, floating solids, grease, or oily
wastes which produce a sheen on the water surface, nor wastes which
deposit residues which accumulate on the shoreline or sea floor. The
incidental foam and scum produced by discharge of seafood transfer
water must be minimized to the extent practicable as described in the
best management practices plan of Part VI.A. Wastewaters which have not
had contact with seafood process wastes are not required to be
discharged through the seafood process waste-handling system.
f. State water quality standards (18 AAC Part 70). Discharges shall
not violate Alaska Water Quality Standards for floating or suspended
residues, dissolved oxygen, oil and grease, fecal coliform, pH,
temperature, color, turbidity, and total residual chlorine beyond the
mixing zone. For the purposes of offshore seafood processors, the
mixing zone shall be measured as three hundred (300) feet radius from
the point of discharge. Discharges shall not violate Alaska Water
Quality Standards for settleable solid residues beyond a one (1) acre
zone of deposit.
g. Additional wastes. A permittee is reminded of the requirement
that vessels comply with 33 CFR part 151.
(Vessels carrying oil, noxious liquid substances, garbage, municipal or
commercial wastes, and ballast water).
h. Monitoring. A permittee shall monitor its processing and
discharges to the extent necessary to develop and submit a timely and
accurate annual report.
[[Page 34996]]
2. Best Management Practices Requirements
During the term of this Permit all permittees shall operate in
accordance with a Best Management Practices Plan as described in Part
VI.A. below.
3. Annual Reporting Requirements
During the term of this Permit all permittees shall prepare and
submit an accurate and timely annual report of noncompliance,
production, discharges and process changes as described in Part VI.B.
below.
B. Nearshore Seafood Processors
(a processor operating and discharging from one (1) to one half (0.5)
nautical mile from shore at MLLW)
1. Effluent Limitations and Requirements
a. Amount of seafood process wastes. A permittee shall not
discharge a volume or weight of seafood process wastes on a daily or
annual basis which exceeds the amount reported in the permittee's
Notice of Intent to be covered under this Permit.
b. Treatment and limitation of seafood process wastes. A permittee
shall route all seafood process wastes through a waste-handling system.
The waste solids discharged from the end of pipe shall not exceed one
half (0.5) inch in any dimension.
c. Scupper and floor drain wastes. A permittee shall route all
seafood process wastes from scuppers and floor drains through a waste-
handling system. The waste solids discharged from the end of pipe shall
not exceed one half (0.5) inch in any dimension.
d. Sanitary wastes. A permittee shall route all sanitary wastes
through a sanitary waste system that meets the applicable Coast Guard
pollution control standards then in effect (33 CFR Part 159: ``Marine
sanitation devices'']) Nonfunctioning and undersized systems are
prohibited.
e. Other wastewaters. A permittee shall not discharge any other
such wastewaters that contain foam, floating solids, grease, or oily
wastes which produce a sheen on the water surface, nor wastes which
deposit residues which accumulate on the shoreline or sea floor. The
incidental foam and scum produced by discharge of seafood transfer
water must be minimized to the extent practicable as described in the
best management practices plan of Part VI.A. Wastewaters which have not
had contact with seafood process wastes are not required to be
discharged through the process waste-handling system.
f. Residues. A permittee shall not discharge seafood sludge,
deposits, debris, scum, floating solids, oily wastes or foam which
alone or in combination with other substances
(1) make the water unfit or unsafe for use in aquaculture, water
supply, recreation, growth and propagation of fish, shellfish, aquatic
life and wildlife, or the harvesting and consumption of raw mollusks or
other raw aquatic life;
(2) cause a leaching of deleterious substances;
(3) cause a film, sheen, emulsion or scum on the surface of the
water;
(4) cause a scum, emulsion, sludge or solid to be deposited on the
adjoining shorelines; or
(5) cause a scum, emulsion, sludge or solid to be deposited on the
bottom.
g. State water quality standards (18 AAC Part 70). Discharges shall
not violate Alaska Water Quality Standards for floating or suspended
residues, dissolved oxygen, oil and grease, fecal coliform, pH,
temperature, color, turbidity, and total residual chlorine beyond the
mixing zone. For the purposes of nearshore seafood processors, the
mixing zone shall be measured as two hundred (200) feet radius from the
point of discharge. Discharges shall not violate Alaska Water Quality
Standards for settleable solid residues beyond a zone (1) acre zone of
deposit.
h. Discharge pipe location. A permittee shall discharge its
wastewaters at a point at least three (3) feet below the sea surface.
i. Additional wastes. A permittee is reminded of the requirement
that vessels comply with 33 CFR part 151
(``Vessels carrying oil, noxious liquid substances, garbage,
municipal or commercial wastes, and ballast water'').
j. Monitoring. A permittee shall monitor its processing and
discharges to the extent necessary to develop and submit a timely and
accurate annual report and to detect and minimize occurrences of
noncompliance.
2. Best Management Practices Requirements
During the term of this Permit all permittees shall operate in
accordance with a Best Management Practices Plan as described in Part
VI.A. below.
3. Annual Reporting Requirements
During the term of this Permit all permittees shall prepare and
submit an accurate and timely annual report of noncompliance,
production, discharges and process changes as described in Part VI.B.
below.
4. Seafloor Monitoring Requirements
During the term of this Permit all permittees classified as
nearshore floating seafood processors and discharging to receiving
waters of depths of less than twenty (20) fathoms at a fixed position
for more than seven (7) days within a reporting year shall conduct a
seafloor monitoring program as described in Part VI.C. below. A ``fixed
position'' refers to a circular anchorage area of radius equal to one
quarter (0.25) nautical mile.
5. Sea Surface and Shoreline Monitoring Requirements
During the term of this Permit all permittees classified as
nearshore floating seafood processors shall conduct a daily sea surface
and a weekly shoreline monitoring program as described below in Part
VI.D. below.
C. Shore-based Seafood Processors
(a processor operating and discharging less than one half (0.5)
nautical mile from shore at MLLW)
1. Effluent Limitations and Requirements
a. Amount of seafood process wastes. A permittee shall not
discharge a volume or weight of seafood process wastes on a daily or
annual basis which exceeds that reported in the permittee's Notice of
Intent to be covered under this Permit.
b. Treatment and limitation of seafood process wastes. A permittee
shall route all seafood process wastes through a waste-handling system.
The waste solids discharged from the end of pipe shall not exceed one
half (0.5) inch in any dimension.
c. Scupper and floor drain wastes. A permittee shall route all
seafood process wastes from scuppers and floor drains through a waste-
handling system. The waste solids discharged from the end of pipe shall
not exceed one half (0.5) inch in any dimension.
d. Sanitary wastes. A permittee shall route all sanitary wastes
through a sanitary waste treatment system. Nonfunctioning and
undersized systems are prohibited.
Sanitary wastes must be either:
(1) Discharged to a shore-based septic system or a municipal
wastewater treatment system,
(2) Treated prior to discharge to meet the secondary treatment
limitations for biochemical oxygen demands (BOD5) and total
suspended solids (TSS) of 60 mg/1 daily maximum, 45 mg/1 weekly
average, and 30 mg/1 monthly average, or,
(3) If a USGC-licensed vessel, treated prior to discharge by a
sanitary waste system that meets the applicable Coast Guard pollution
control standards then
[[Page 34997]]
in effect [33 CFR part 159: ``Marine sanitation devices''].
e. Other wastewaters. A permittee shall not discharge any other
such wastewaters that contain foam, floating solids, grease, or oily
wastes which produce a sheen on the water surface, nor wastes which
deposit residues which accumulate on the shoreline or sea floor. The
incidental foam and scum produced by discharge of seafood transfer
water must be minimized to the extent practicable as described in the
best management practices plan of Part VI.A. Wastewaters which have not
had contact with seafood process wastes are not required to be
discharged through the process waste-handling system.
f. Residues. A permittee shall not discharge seafood sludge,
deposits, debris, scum, floating solids, oily wastes or foam which
alone or in combination with other substances
(1) make the water unfit or unsafe for use in aquaculture, water
supply, recreation, growth and propagation of fish, shellfish, aquatic
life and wildlife, or the harvesting and consumption of raw mollusks or
other raw aquatic life;
(2) cause a leaching of deleterious substances;
(3) cause a film, sheen, emulsion or scum on the surface of the
water;
(4) cause a scum, emulsion, sludge or solid to be deposited on the
adjoining shorelines; or
(5) cause a scum, emulsion, sludge or solid to be deposited on the
bottom.
g. State water quality standards (18 AAC Part 70). Discharges shall
not violate Alaska Water Quality Standards for floating or suspended
residues, dissolved oxygen, oil and grease, fecal coliform, pH,
temperature, color, turbidity, and total residual chlorine beyond the
mixing zone. For the purposes of shore-based seafood processors, the
mixing zone shall be measured as one hundred (100) feet radius from the
point of discharge. Discharges shall not violate Alaska Water Quality
Standards for settleable solid residues beyond a one (1) acre zone of
deposit.
h.Discharge pipe location. A permittee discharging to marine water
shall discharge its wastewaters at a point at least ten (10) feet below
the surface of the receiving water. A permittee discharging to fresh
water shall discharge its wastewaters at least three (3) feet below the
surface of the receiving water. An applicant may request a waiver to
this condition by providing a description of the circumstances which
make this condition onerous and unnecessary to the protection of State
water quality standards.
i. Monitoring. A permittee shall monitor its processing and
discharges to the extent necessary to develop and submit a timely and
accurate annual report and to detect and minimize occurrences of
noncompliance.
2. Best Management Practices Requirements
During the term of this Permit all permittees shall operate in
accordance with a Best Management Practices (BMP) Plan as described in
Part VI.A. below.
3. Annual Reporting Requirements
During the term of this Permit all permittees shall prepare and
submit an accurate and timely annual report of noncompliance,
production, discharges and process changes as described in Part VI.B.
below.
4. Seafloor Monitoring Requirements
During the term of this Permit all permittees classified as shore-
based seafood processors and discharging to receiving waters of depths
of less than twenty (20) fathoms at a fixed position for more than
seven (7) days within a reporting year shall conduct a seafloor
monitoring program as described in Part VI.C. below.
5. Sea Surface and Shoreline Monitoring Requirements
During the term of this Permit all permittees classified as shore-
based seafood processors shall conduct a daily sea surface and daily
shoreline monitoring program as described below in Part VI.D. below.
VI. Specific Waste Minimization and Monitoring Requirements
A. Best Management Practices Plan
1. Applicability
During the term of this Permit all permittees shall operate in
accordance with a Best Management Practices (BMP) Plan.
2. Implementation
A permittee shall develop and implement a BMP Plan within 18 months
of the date of that permittee's authorization to discharge under this
Permit.
3. Purpose
Through imp lementation 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 should be
prevented or reduced at the source or recycled in an environmentally
safe manner whenever feasible. Disposal of wastes into the environment
should be conducted in such a way as to have a minimal environmental
impact.
4. Objectives
A permittee shall develop its BMP Plan consistent with the
following objectives.
a. 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.
b. Any Standard Operating Procedures (SOPs) shall ensure proper
operation and maintenance of the facility.
c. Evaluations for the control of wastes and pollutants shall
include the following.
(1) Each facility component or system shall be examined 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. The examination shall
include 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.
(2) Equipment shall be examined for potential failure and any
resulting overflow of wastes and pollutants to receiving waters.
Provision should be made for emergency measures to be taken in such an
event.
5. Requirements
The BMP Plan shall be consistent with the purpose and objectives in
Parts VI.B.3.-4. above.
a. 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:
(1) Name and location of the facility;
(2) Statement of BMP policy;
(3) Materials accounting of the inputs, processes and outputs of
the facility;
(4) Risk identification and assessment of pollutant discharges;
(5) Specific management practices and standard operating procedures
to achieve the above objectives, including, but not limited to,
(a) the modification of equipment, facilities, technology,
processes and procedures, and
(b) the improvement in management, inventory control, materials
handling or
[[Page 34998]]
general operational phases of the facility;
(6) Good housekeeping;
(7) Preventative maintenance;
(8) Inspections and records; and
(9) Employee training.
b. The BMP Plan shall include the following provisions concerning
its review:
(1) Be reviewed by the facility manager and appropriate staff; and
(2) 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.
Documentation
A permittee shall submit to EPA written certification, signed by a
principal officer or a duly appointed representative of the permittee,
of the completion and implementation of its BMP Plan. 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. All offices of a permittee which
are required to maintain a copy of this Permit shall also maintain a
copy of the BMP Plan.
7. 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.
8. 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.
B. Annual Report
1. Applicability
During the term of this Permit all permittees shall prepare and
submit a complete, accurate and timely annual report of noncompliance,
production, discharges and process changes to EPA and ADEC.
In compliance with the Paperwork Reduction Act, 44 U.S.C. Sec. 3501
et seq. the Office of Management and Budget has approved the
information in an annual report for compliance assessment (OMB No.
2040-0110).
2. Purpose and Objectives
The annual report serves to inform the regulatory agencies of the
use and potential degradation of public water resources by facilities
discharging pollutants to these receiving waters under this Permit. The
permittee shall provide the following information.
(1) Verification of the permittee's NPDES permit number, facility
owner, facility operator, name of the facility or vessel, mailing
address, telephone number and facsimile number.
a. A summary of periods of noncompliance with any of the
requirements of this Permit between January 1st through December 31st
of the previous year, the reasons for such noncompliance, the steps
taken to correct the problem and prevent further occurrences.
b. A summary of information of production and discharge during the
previous year, including
(1) Dates of operation by month,
(2) Type and amount (lbs) of raw product per month,
(3) Type and amount (lbs) of finished product per month,
(4) Type and amount (lbs) of discharged residues per month, and
(5) Location of discharge (name of receiving water(s)). If a
floating processor operating and discharging within three miles of
shore for a continuous 24-hour period or more, the name of the
receiving water(s) and the latitude and longitude, the date and the
depth of the discharge location(s).
c. A statement of any changes to a permittee's Notice of Intent to
be covered under this Permit (especially process changes, locations and
production levels).
3. Signatory Requirements
A permittee shall ensure that the annual report is signed by a
principal officer or a duly appointed representative of the permittee.
4. Submittal
A permittee shall submit its annual report by January 31st of the
year following each year of operation and discharge under this Permit.
A permittee shall submit its annual report to:
U.S. Environmental Protection Agency Region 10, NPDES Compliance (WD-
135), 1200 Sixth Avenue, Seattle, Washington 98101
and, to the responsible ADEC office at
Alaska Department of Environmental Conservation, Southeastern Regional
Office, 410 Willoughby Avenue, Suite 105, Juneau, Alaska 99801,
Attention: Wastewater Program
Alaska Department of Environmental Conservation, Southcentral Regional
Office, 3601 C Street, Suite 1334, Anchorage, Alaska 99503, Attention:
Wastewater Program
or
Alaska Department of Environmental Conservation, Western District
Office, Unalaska Field Office, P.O. Box 1071, Unalaska, Alaska 99692,
Attention: Wastewater Program
Seafloor Monitoring Requirements
1. Applicability
During the term of this Permit all permittees classified as shore-
based or nearshore seafood processors and discharging to receiving
waters of depths of less than twenty (20) fathoms at a fixed position
for more than seven (7) days shall conduct a seafloor monitoring
program. A ``fixed position'' refers to a circular anchorage area of
radius equal to one quarter (0.25) nautical mile.
2. Purpose
A permittee shall conduct a seafloor monitoring program to
determine compliance with the Alaska water quality standards for
settleable residues in marine waters. Alaska Administrative Code Part
18 Sec. 70.020 states that ``(settleable residues) shall not * * *
cause a sludge, solid, or emulsion to be deposited * * * on the
bottom.''
ADEC has authorized a zone of deposit of up to a maximum area of
one (1) acre for facilities permitted under this Permit in accordance
with 18 AAC Sec. 70.033.
3. Objective
The seafloor monitoring program shall determine the areal extent
(in square feet) of the continuous deposit of sludge, solid or
emulsion, any of which is one-half inch or thicker, on the bottom that
persists throughout the year.
a. Monitoring shall provide an accurate estimate of the area of the
discharge waste pile of settleable residues which persists throughout
the year. It is recommended that such persistence can be determined by
surveying the waste pile generated during the previous year prior to
the recommencement of discharge.
b. Monitoring shall provide a determination of the outer boundary
of the area of the discharge waste pile. It is recommended that such
precision
[[Page 34999]]
will require a visual, photographic or video assessment.
4. Schedule
A permittee shall develop and implement a monitoring program to
survey the area of its discharge waste pile during the first full year
of coverage of its facility under this Permit.
Tiered Monitoring
The monitoring program shall be tiered in levels of increasing
complexity which are determined by the area of the discharge waste pile
as assessed in previous seafloor monitoring surveys.
Tier one survey. A permittee shall develop and implement a
monitoring program to survey the area of its discharge waste pile
during the first full year of the facility's coverage under this
Permit. If a permittee has relocated its discharge pipe during the
preceding year of operation and discharge, has added a new production
line, or has increased production over the production of the year of
the previous seafloor monitoring survey by more than 25%, then a
permittee shall develop and implement a monitoring program to survey
the area of its discharge waste pile during the current year of the
facility's coverage under this Permit.
a. The tier one bottom survey shall be conducted along two
transects. The principal transect shall be oriented along the maximum
horizontal dimension of the waste pile (``the length''). The second
transect (``the width'') shall be perpendicular to the principal
transect, and shall cross it at the point where the waste pile is
widest in that direction. The survey shall record and report the
measurements of the distances of each transect under which any
continuous part of the waste pile occurs.
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b. Tier two survey. If a permittee has concluded from its seafloor
monitoring survey of the last previous year of operation and discharge
that its waste pile is greater than one half of an acre in size (21,780
sq. ft.) and less than three quarters of an acre in size (32,670 sq.
ft.), then a permittee shall develop and implement a monitoring program
to survey the area of its discharge waste pile during the current year
of its facility's coverage under this Permit.
The tier two bottom survey shall be conducted along four transects.
The principal transect shall be oriented along the maximum horizontal
dimension of the waste pile (``the length''). The second transect
(``the width'') shall be perpendicular to the principal transect, and
shall cross it at the point where the waste pile is widest in that
direction. The remaining two transects shall pass through the point
where the first two transects intersect, and shall be at 45 degree
angles to the first two transects. The survey shall record and report
the measurements of the distances of each transect under which any
continuous part of the waste pile occurs.
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[[Page 35000]]
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BILLING CODE 6560-50-C
C. Tier three survey. If a permittee has determined in its seafloor
monitoring program of the last previous year of operation and discharge
that its waste pile is equal to or greater than three quarters of an
acre in size (32,670 sq. ft.), then a permittee shall develop and
implement a monitoring program to survey the area of its discharge
waste pile during the current year of its facility's coverage under
this Permit.
The tier three bottom survey shall be conducted along four
transects. The principal transect shall be oriented along the maximum
horizontal dimension of the waste pile (``the length''). The second
transect (``the width'') shall be perpendicular to the principal
transect, and shall cross it at the point where the waste pile is
widest in that direction. The remaining two transects shall pass
through the point where the first two transects intersect, and shall be
at 45 degree angles to the first two transects. The survey shall
include measurements of the distances from the point where the
transects intersect to the edge of the waste pile at each end of each
transect. The survey shall also include measurements of the thickness
of the waste pile at the point where the transects intersect, and at
the eight points that are half way between the intersection point and
the edge of the waste pile at each end of each transect.
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[[Page 35001]]
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BILLING CODE 6560-50-C
6. Monitoring Report
A permittee shall submit a brief report of the seafloor monitoring
survey which describes the methods and results of the survey. The
description of the methods shall include at least the name, address and
phone number of the surveyor, the date of the survey and the
observational method and equipment used in the survey. The description
of the results shall include at least the required dimensions and
estimated area of the waste pile and a map of the configuration of the
waste pile in relation to the discharge pipe and the bathymetry of the
seafloor.
The area of the wastepile may be calculated by treating it as the
sum of the areas of two parabolas which are joined at a common base
(the ``width'') and which have heights that together equal the
``length'' of the waste pile. An approximation of the area of the waste
pile is provided by the equation.
Area = (width*length) * (2/3)
A permittee shall submit a report of the monitoring program to EPA
and ADEC on or before January 31st of the year following the survey. It
is recommended that this report be submitted with the Annual Report.
7. Signatory Requirements
A permittee shall ensure that the monitoring report is signed by a
principal officer or a duly appointed representative of the permittee.
Modification of Monitoring Program
The monitoring program may be modified if EPA and ADEC determine
that it is appropriate. A modification may be requested by a permittee.
The modified program may include changes in survey (1) stations, (2)
times, (3) parameters or (4) methods.
Request for a Waiver
A permittee may request a waiver of the seafloor monitoring
requirements. A request for a waiver must provide a detailed
description of the circumstances supporting a waiver of monitoring and
a demonstration that the discharge meets the Alaska water quality
standard for settleable solid residues.
Requirement to Apply for an Individual Permit
EPA, in consultation with ADEC, may require a permittee to apply
for an individual NPDES permit if the seafloor monitoring program
indicates a probable violation of the Alaska water quality standards
for settleable residues in marine waters.
D. Sea Surface and Shoreline Monitoring Requirements
1. Applicability
During the term of this Permit all permittees classified as shore-
based or nearshore seafood processors and discharging within one (1)
nautical mile of shore at MLLW shall conduct a sea surface and
shoreline monitoring program.
2. Purpose
A permittee shall conduct a sea surface and shoreline monitoring
program to determine compliance with the Alaska water quality standards
for floating residues in marine waters. Alaska Administrative Code Part
18 Sec. 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.''
3. Objectives
The sea surface and shoreline monitoring program will provide
periodic assessments as defined in the above categories of operation
during periods of operation and discharge. The monitoring of the sea
surface shall record the incidence of occurrence and estimate the areal
extent of contiguous films, sheens, or mats of foam within a three
hundred (300) foot radius of the end of the outfall(s) and, in the case
of shore-based facilities, within a one hundred foot distance of the
seaward physical boundary of the facility (e.g., docks and piers). The
monitoring of the shoreline shall record the total number of days for
which observations were made and the incidence of occurrence and
estimated areal extent of deposits of
[[Page 35002]]
seafood waste sludge, solids, or emulsions upon the adjacent
shorelines.
a. Monitoring shall provide an accurate identification of the
occurrence of these pollutants on the surface of the water or upon the
shoreline.
b. Monitoring shall estimate the area(s) of occurrence of these
pollutants with a precision of 25%.
4. Schedule
A permittee shall conduct a sea surface and shoreline monitoring
program during each year of coverage under the permit.
5. Monitoring Report
A permittee shall submit a brief report of the monitoring survey
which describes the methods and results of the survey. The description
of the methods shall include at least the name, address and phone
number of the surveyor(s), the observational method and equipment used
in the survey, and the point(s) 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.
A permittee shall submit the report to EPA and ADEC on or before
January 31st of the year following the survey. It is recommended that
this report be submitted with the annual report of production and
effluent monitoring.
6. Signatory Requirements
A permittee shall ensure that the monitoring report is signed by a
principal officer or a duly appointed representative of the permittee.
7. Modification of Monitoring Program
The monitoring program may be modified if EPA and ADEC determine
that it is appropriate. A modification may be requested by a permittee.
The modified program may include changes in survey (1) stations, (2)
times or (3) parameters.
8. Request for a Waiver
A permittee may request a waiver of the sea surface and shoreline
monitoring requirements. A request for a waiver must provide a detailed
description of the circumstances supporting a waiver of monitoring and
a demonstration that the discharge meets the Alaska water quality
standard for residues. Individual monitoring days may be waived due to
conditions (e.g., weather or sea state) which make this monitoring
hazardous to human health and safety.
9. Requirement to Apply for an Individual Permit
EPA, in consultation with ADEC, may require a permittee to apply
for an individual NPDES permit if the sea surface and shoreline
monitoring program indicates a probable violation of the Alaska water
quality standards for residues in marine waters.
VII. Recording and Reporting Requirements
A. 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:
1. the date, exact place, and time of sampling or measurements;
2. the names of the individual(s) who performed the sampling or
measurements;
3. the date(s) analyses were performed;
4. the names of the individual(s) who performed the analyses;
5. the analytical techniques or methods used; and
6. the results of such analyses.
B. Retention of Records
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.
C. Twenty-four Hour Notice of Noncompliance Reporting
A permittee shall report the following occurrences of noncompliance
by telephone (206-553-1846) within 24 hours from the time a permittee
becomes aware of the circumstances:
a. any discharge(s) to the receiving waters not authorized for
coverage under this Permit including, but not limited to, waters
described in Part III above or listed in Appendix I below;
b. any noncompliance that may endanger health or the environment;
c. any unanticipated bypass that results in or contributes to an
exceedance of any effluent limitation in this Permit;
d. any upset that results in or contributes to an exceedance of any
effluent limitation in this Permit; or
e. any violation of a maximum daily discharge limitation for any of
the pollutants listed in this Permit.
2. 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 subpart 1 above. The written submission shall
contain:
a. a description of the noncompliance and its cause;
b. the period of noncompliance, including exact dates and times;
c. the estimated time noncompliance is expected to continue if it
has not been corrected; and
d. steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
3. The Director may, at his sole discretion, waive the written
report on a case-by-case basis if the oral report has been received
within 24 hours by the NPDES Compliance in Seattle, Washington, by
telephone, (206) 553-1846.
4. Reports shall be submitted to the addresses in Part VI.B. of
this Permit.
D. Other Noncompliance Reporting
A permittee shall report all instances of noncompliance, not
required to be reported within 24 hours, with the annual report.
VIII. Compliance Responsibilities
A. Duty to Comply
A 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. 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.
B. Penalties for Violations of Permit Conditions
1. Civil and Administrative Penalties
Sections 309(d) and 309(g) of the Act provide that any person who
violates a permit condition implementing CWA Sec. 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.
2. Criminal Penalties
a. Negligent violations. Section 309(c)(1) of the Act provides that
any person who negligently violates a permit condition implementing CWA
[[Page 35003]]
Sec. 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.
b. Knowing violations. Section 309(c)(2) of the Act provides that
any person who knowingly violates a permit condition implementing CWA
Sec. 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.
c. Knowing endangerment. Section 309(c)(3) of the Act provides that
any person who knowingly violates a permit condition implementing CWA
Sec. 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.
d. 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 Part VIII.F. (``Bypass
of Treatment Facilities'') and Part VIII.G., (``Upset Conditions''),
nothing in this Permit shall be construed to relieve a permittee of the
civil or criminal penalties for noncompliance.
C. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
Permit.
D. 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.
E. 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.
F. Bypass of Treatment Facilities
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 paragraphs 2 and 3 of this Part.
2. Notice
a. 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.
b. Unanticipated bypass. A permittee shall submit notice of an
unanticipated bypass as required under Part VII.F. (``Twenty-four hour
notice of noncompliance reporting'').
3. Prohibition of Bypass
a. Bypass is prohibited, and the Director or ADEC may take
enforcement action against a permittee for a bypass, unless:
(1) The bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
(2) 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
(3) A permittee submitted notices as required under paragraph 2 of
this Part.
b. The Director and ADEC may approve an anticipated bypass, after
considering its adverse effects, if the Director and ADEC determine
that it will meet the three conditions listed above in paragraph 3.a.
of this Part.
G. Upset Conditions
1. Effect of an Upset
An upset constitutes an affirmative defense to an action brought
for noncompliance with such technology-based permit effluent
limitations if a permittee meets the requirements of paragraph 2 of
this Part. 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.
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:
a. An upset occurred and that a permittee can identify the cause(s)
of the upset;
b. The permitted facility was at the time being properly operated;
c. A permittee submitted notice of the upset as required under Part
VII.F. (``Twenty-four hour notice of noncompliance reporting) and
d. A permittee complied with any remedial measures required under
Part VIII.D. (``Duty to Mitigate'').
3. Burden of Proof
In any enforcement proceeding, a permittee seeking to establish the
occurrence of an upset has the burden of proof.
H. Planned Changes
A permittee shall give notice to the Director and ADEC as soon as
possible of any planned physical alterations or additions to the
permitted facility whenever:
1. The alteration or addition to a permitted facility may meet one
of the criteria for determining whether a facility is a new source as
determined in 40 CFR Sec. 122.29(b); or
2. The alteration or addition could significantly change the nature
or increase the quantity of pollutants discharged. This notification
applies to pollutants 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.
I. Anticipated Noncompliance
A permittee shall also give advance notice to the Director and ADEC
of any
[[Page 35004]]
planned changes in the permitted facility or activity that may result
in noncompliance with this Permit.
IX. General Provisions
A. 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.
B. 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. The application shall be submitted at
least 60 days before the expiration date of this Permit.
C. 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.
D. Incorrect Information and Omissions
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.
E. Signatory Requirements
All applications, reports or information submitted to the Director
and ADEC shall be signed and certified.
1. All permit applications shall be signed as follows:
a. For a corporation: by a principal corporate officer.
b. For a partnership or sole proprietorship: by a general partner
or the proprietor, respectively.
c. For a municipality, state, federal, or other public agency: by
either a principal executive officer or ranking elected official.
2. All reports required by 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:
a. The authorization is made in writing by a person described above
and submitted to the Director and ADEC, and
b. The authorization specifies either an individual or a position
having responsibility for the overall operation of the regulated
facility or activity, such as the position of plant manager,
superintendent, position of equivalent responsibility, or an individual
or position having overall responsibility for environmental matters for
the company. (A duly authorized representative may thus be either a
named individual or any individual occupying a named position.)
3. Changes to authorization. If an authorization under subpart 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 subpart 2 must be
submitted to EPA and ADEC prior to or together with any reports,
information, or applications to be signed by an authorized
representative.
4. Certification. Any person signing a document under this 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.
F. Availability of Reports
Except for data determined to be confidential under 40 CFR Sec. 2,
all reports prepared in accordance with this Permit shall be available
for public inspection at the offices of the state water pollution
control agency and the Director and ADEC. As required by the Act,
permit applications, permits and effluent data shall not be considered
confidential.
G. 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:
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;
2. Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this Permit;
3. Inspect at reasonable times any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated
or required under this Permit; and
4. Sample or monitor at reasonable times, for the purpose of
assuring permit compliance or as otherwise authorized by the Act, any
substances or parameters at any location.
H. 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.
I. 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.
J. 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.
K. Transfers
This Permit may be automatically transferred to a new permittee if:
1. The current permittee notifies the Director at least 60 days in
advance of the proposed transfer date;
2. The notice includes a written agreement between the existing and
new permittees containing a specific date for transfer of permit
responsibility, coverage, and liability between them; and
3. The Director does not notify the existing permittee and the
proposed new permittee of his or her intent to modify, or revoke and
reissue the permit.
If the notice described in subpart 3 above is not received, the
transfer is effective on the date specified in the
[[Page 35005]]
agreement mentioned in subpart 2 above.
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.
M. Reopener Clause
1. This Permit shall be modified, or alternatively, revoked and
reissued, to comply with any applicable effluent standard or limitation
issued or approved under Sections 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:
a. Contains different conditions or is otherwise more stringent
than any condition in this Permit; or
b. Controls any pollutant or disposal method not addressed in this
Permit.
This Permit as modified or reissued under this paragraph shall also
contain any other requirements of the Act then applicable.
2. 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.
X. Definitions and Acronyms
AAC means Alaska Administrative Code.
ADEC means Alaska Department of Environmental Conservation.
ADFG means Alaska Department of Fish and Game.
BMP means best management practices.
Bypass means the intentional diversion of waste streams from any
portion of a treatment facility (see Part IV.G.).
CFR means the Code of Federal Regulations.
Cooling water means once-through non-contact cooling water.
CWA means the Clean Water Act.
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.
Excluded area means an area not authorized as a receiving water
covered under this general NPDES permit, as described in Part III.A-D.
above and Appendix I below.
Fixed position means to a circular anchorage area of radius equal
to one quarter (0.25) nautical mile.
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, graywater, and those substances that are
defined or listed in other Annexes to MARPOL 73/78.
Graywater means galley, bath and shower wastewater.
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.
Maximum means the highest measured discharge or pollutant in a
wastestream during the time period of interest.
MLLW means mean lower low water.
mg/l means milligrams per liter.
Mixing zone means the area adjacent to a discharge or activity in
the water where a receiving water may not meet all the water quality
standards; wastes and water are given an area to mix so that the water
quality standards are met at the mixing zone boundaries.
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.
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.
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 to the extent caused
by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation (see Part IV.H.).
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).
Zone of deposit (ZOD) means an area of the bottom in marine or
estuarine waters in which the Alaska Department of Environmental
Conservation has authorized the deposit of substances in exceedence of
the water quality criteria of 18 AAC 70.020(b) and the antidegradation
requirement of 18 AAC 70.0101(c).
[[Page 35006]]
Appendix--Categorical Listing of Areas Excluded From Coverage Under
General Permit
------------------------------------------------------------------------
Excluded area Receiving waters Location
------------------------------------------------------------------------
STATE GAME REFUGES:
(SGR; see Figure
1)
Anchorage Coastal ........................ Knik Arm, Turnagain Arm.
SGR
City of Anchorage....... ........................
N Cook Inlet............ ........................
Cape Newenham SGR... Chagvan Bay; S Kuskokwin South of the City of
Bay. Good News.
Creamer's Field SGR. Isabella River wetlands. City of Fairbanks.
Goose Bay SGR....... Goose Bay, Knik Arm; N North of the City of
Cook Inlet. Anchorage.
Izembek SGR......... Isembek Lagoon; SE NW terminus of the
Bristol Bay. Alaska Peninsula.
McNeil River SGR.... Paint River and Kamishak SE base of the Alaska
Bay. Peninsula
Mendenhall Wetlands ........................ NW Gastineau Channel.
SGR.
City of Juneau ........................
Minto Flats SGR..... Tanana River wetlands... West of the City of
Fairbanks.
Palmer Hay Flats SGR Knik Arm; N Cook Inlet.. NE of the City of
Anchorage.
Susitna Flats SGR... N Cook Inlet............ West of the City of
Anchorage.
Trading Bay SGR..... Gompertz Channel, SW of the City of
Trading Bay. Anchorage.
Yakataga SGR........ Tsiu River delta; N Gulf West of Cape Yakataga.
of Alaska.
STATE CRITICAL
HABITAT AREAS
(SCHA; see Figure
1)
Anchor River-Fritz East of the City of Anchor River and Fritz
Creek SCHA. Anchor Point. Creek.
Chilkat River SCHA.. Chilkat River........... North of the City of
Haines.
Cinder River SCHA... Cinder River Delta, E SW of the City of Pilot
Bristol Bay. Point.
Clam Gulch SCHA..... Cook Inlet.............. South of the City of
Kasilof.
Copper River Delta ........................ Copper River delta; N
SCHA. Gulf of Alaska.
SE of the City of
Cordova..
Dude Creek SCHA..... Dude Creek, Icy Passage. West of the City of
Gustavus.
Egegik SCHA......... Egegik Bay and E Bristol West of the City of
Bay. Egegik.
Fox River Flats SCHA Fox River Delta, NE of the City of Homer.
Kachemak Bay.
Kachemak Bay SCHA... Kachemak Bay............ Adjacent to the City of
Homer.
Kalgin Island SCHA.. Swamp Creek wetlands; SW Kalgin Is.
Cook Inlet.
Pilot Point SCHA.... Ugashik Bay and E West of the City of
Bristol Bay. Pilot Point.
Port Heiden SCHA.... Port Heiden and E North-central Alaska
Bristol Bay. Peninsula.
Port Moller SCHA.... Port Moller and Nelson City of Port Moller.
Lagoon.
Redoubt Bay SCHA.... Big River wetlands, West of the City of
Redoubt Bay; Cook Inlet. Nikiski.
Tugidak Island SCHA. NW Gulf of Alaska....... Trinity Islands, SW of
Kodiak Is.
Willow Mountain SCHA Willow Creek tributaries NW of the City of
Palmer.
STATE GAME
SANCTUARIES:
(SGA; see Figure
1)
McNeil River SGS.... Kamishak Bay; NW Cook SE base of the Alaska
Inlet. Peninsula.
Stan Price SGS...... Windfall Harbor; Seymour E Admiralty Is., SE
Canal. Alaska.
Walrus Islands SGS.. Togiak Bay; N Bristol Walrus Is. (a.k.a. Round
Bay. Is.), Crooked Is., High
Is., Summit Is., Black
Rock the Twins.
NATIONAL PARKS, National monument....... Rivers and coastal
PRESERVES AND waters of Admiralty.
MONUMENTS:
Admiralty Island
Nat'l Island, SE
Alaska Monument
Aniakchak Nat'l ........................ Aniakchak Bay, Amber
Monument, Alaska Bay, South central.
Peninsula and
Preserve.
Glacier Bay Nat'l Dixon Harbor, Palma Bay, Glacier Bay, Cross
Park Archipelago, Lituya Bay; N Gulf of Sound, North Alexander,
and Preserve. Alaska. SE Alaska.
Katmai Nat'l Park Katmai Bay, Kinak Bay, S base of Alaska
and Preserve. Kukak Bay, Hallow Bay, Peninsula.
Kamishak Bay.
Kenai Fjords Nat'l Nuka Bay, Two Arm Bay... S Kenai Peninsula.
Preserve.
Lake Clark Nat'l N coast of Cook Inlet... Chiratna Bay, Tuxedni
Park and Preserve. Bay.
Misty Fiords Nat'l ........................ Tongass Nat'l Forest, SE
Monument. Alaska.
Wrangell-St. Elias NW of the City of N Icy Bay, W Yakutat
Nat'l Park and Yakutat, N Gulf of Bay.
Preserve. Alaska.
NATIONAL WILDLIFE
REFUGES:
(NWR)
Alaska Maritime NWR. Bering Sea, N Gulf of Aleutian Islands and
Alaska. Pribilof Islands.
Alaska Peninsula NWR S Port Moller and S Alaska Peninsula.
Herendeen Bay and the
coastal waters from NE
Cold Bay to Alinchak
Bay.
[[Page 35007]]
Izembek NWR......... Cold Bay, Izembek Lagoon SW terminus of Alaska
Peninsula.
Kenai NWR........... S Turnagain Arm; N Cook Kenai Peninsula.
Inlet.
Kodiak NWR.......... Kiliuda Bay, Sitkalidak Kodiak Is., Afognak Is.
Strait, Alitak Bay, and Trinity Islands.
Sitkinak Strait, Olga
Bay, Uyak Bay, Uganik
Bay; Ban Bay; W Gulf of
Alaska.
Togiak NWR.......... Jacksmith Bay, Goodnews Surrounding the City of
Bay, Chagvan Bay, Togiak
Hagemeister Strait,
Togiak Bay, Kulukak
Bay, Nushagak Bay; N
Bristol Bay.
Yukon Delta NWR..... Scammon Bay, Kokechik Yukon River delta,
Bay, Hooper Bay, Hazen Kuskokwin River delta,
Bay, Baird Inlet; E Nunivak Is.
Bering Sea.
NATIONAL WILDERNESS
AREAS:
(NWA; see Figure
2)
Chuck River NWA..... Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
Coronation Island Rivers and coastal Tongass Nat'l Forest, SE
NWA. waters of NWA. Alaska.
Endicott River NWA.. Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
Karta NWA........... Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
Kootznoowoo NWA..... Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
Kuiu NWA............ Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
Maurelle Islands NWA Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
Misty Fiords NWA.... Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
Petersburg Creek NWA Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
Pleasant Islands NWA Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
Russell Fiord NWA... Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
South Baranof NWA... Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
South Etolin NWA.... Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
South Prince of ........................ Rivers and coastal
Wales NWA. waters of NWA Tongass.
Stikine-LeConte NWA. Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
Tebenkof Bay NWA.... Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
Tracy Arm-Fords Rivers and coastal Tongass Nat'l Forest, SE
Terror NWA. waters of NWA. Alaska.
Warren Island NWA... Rivers and coastal Tongass Nat'l Forest, SE
waters of NWA. Alaska.
West Chichagof- Rivers and coastal Nat'l Forest, SE Alaska.
Yakobi NWA. waters of NWA Tongass..
STELLER SEA LION
ROOKERIES AND HAUL-
OUT AREAS:
(see Figures 3 and
4)
58 Federal Register
45278
NORTHERN FUR SEAL
ROOKERIES:
(see Figures 5 and
6)
St. Paul Island..... Coastal waters.......... Bering Sea.
Otter Island........ Coastal waters.......... Bering Sea.
St. George Island... Coastal waters.......... Bering Sea.
SEA BIRD NESTING
AREAS:
(see Figure 7)
------------------------------------------------------------------------
ALASKA RIVER SEGMENTS DESIGNATED UNDER THE WILD AND SCENIC RIVERS ACT
------------------------------------------------------------------------
Alagnak River....... Riverine waters......... Nushagak-Bristol Bay
lowland.
Alatna River........ Riverine waters......... Central Brooks Mountains
Range.
Aniakchak River..... Riverine waters......... Aleutian Mountains
Range.
Charley River....... Riverine waters......... Yukon-Tanana uplands.
Chilikadrotna River. Riverine waters......... Central Brooks Mountains
Range.
John River.......... Riverine waters......... Central Brooks Mountains
Range.
Kobuk River......... Riverine waters......... Central Brooks Mountains
Range.
North Fork Koyukuk Riverine waters......... Eastern Brooks Mountains
River. Range.
Mulchatna River..... Riverine waters......... Alaska Mountains Range.
Noatak River........ Riverine waters......... Eastern Brooks Mountains
Range.
Salmon River........ Riverine waters......... Baird Mountains
Tinayguk River...... Riverine waters......... Central-eastern Brooks
Mountains Range.
Tlikakila River..... Riverine waters......... Southern Alaska
Mountains Range
------------------------------------------------------------------------
IMPAIRED OR WATER QUALITY LIMITED WATERS LISTED BY ADEC IN EITHER ITS
CWA Sec. 305(b) REPORT OR Sec. 303(d) LIST
------------------------------------------------------------------------
Akutan Harbor, west. Waters of the bay west Akutan Is.
of 165 deg.46'00''W.
[[Page 35008]]
Unalaska Bay, south. Waters of Unalaska Bay Unalaska Is.
from the southwest
point of Amaknak Is. at
Arch Rock west to the
western point of
Captains Bay at 53
deg.52'45''N, 166
deg.34'33'', west along
shore to Devilfish
Point, north to the
southern tip of Hog
Is., east to shore of
Amaknak Is. at northern
end of airstrip at 53
deg.54'16''N, 166
deg.33'09''W, south
along the shore of
Amaknak Is. to the
point of origin.
Captains Bay........ All of the waters of the Unalaska Is.
bay to the bridge
separating Iliuliuk
Harbor and a line at
the mouth of the bay
between Arch Rock point
and the point of land
at 53 deg.52'45''N, 166
deg.34'33''W.
Udagak Bay.......... Waters of the bay from a Unalaska Is.
line between 53
deg.44'32''N, 166
deg.19'14''W and 53
deg.44'32''N, 166
deg.19'14''W.
Gibson Cove......... Gibson Cove............. City of Kodiak.
Herring Bay......... Herring Bay............. City of Sitka.
Jamestown Bay....... Jamestown Bay........... Near Cannon Is.
Rowan Bay........... Rowan Bay............... Kuru Is.
Silver Bay.......... Silver Bay.............. City of Sitka.
Thorn Bay........... Thorn Bay............... POW Is.
Ward Cove........... Ward Cove............... City of Ketchikan.
------------------------------------------------------------------------
BILLING CODE 6560-50-P
[[Page 35009]]
[GRAPHIC][TIFF OMITTED]TN05JY95.008
Figure 1. Locations of Alaska State Game Refuges, Critical Habitat
Areas, and Sanctuaries.
[[Page 35010]]
[GRAPHIC][TIFF OMITTED]TN05JY95.009
Figure 2. Locations of National Wilderness Areas.
[[Page 35011]]
[GRAPHIC][TIFF OMITTED]TN05JY95.010
Figure 3. Locations of Steller sea lion rookeries in the Aleutian
Islands and Bering Sea.
[[Page 35012]]
[GRAPHIC][TIFF OMITTED]TN05JY95.011
Figure 4. Locations of Steller sea lion rookeries in the Gulf of
Alaska and southeast Alaska.
[[Page 35013]]
[GRAPHIC][TIFF OMITTED]TN05JY95.012
Figure 5. Locations of northern fur seal rookeries and haulouts on
St. Paul Island, Alaska.
[[Page 35014]]
[GRAPHIC][TIFF OMITTED]TN05JY95.013
Figure 6. Locations of northern fur seal rookeries and haulouts on
St. George Island, Alaska.
[[Page 35015]]
[GRAPHIC][TIFF OMITTED]TN05JY95.014
Figure 7. Locations of colonies of seabirds in Alaska.
BILLING CODE 6560-50-C
[[Page 35016]]
Attachment to NPDES Permit No. AK-G52-0000--State Consistency
Conditions For Sec. 401 Water Quality Certification
As Developed by a Commissioner-Level Board and Coordinated by Alaska
Division of Governmental Coordination
(Kerry, Acting Director, ADEC, 12/23/94)
Position Reporting
All floating processors operating under this general NPDES permit,
during any calendar day that they process and discharge waste from
processing operations inside State waters, shall report geographic
coordinates daily to Alaska Department of Environmental Conservation
(ADEC). Reports shall be submitted by telefax or other approved
communications methods to ADEC's Western District Office, Unalaska
Field Office. (907) 581-1795. Reports shall be submitted once a day
when a vessel is processing and discharging waste under way in State
waters and shall identify geographical coordinates of the vessel at
commencement of discharging. When processing within \1/4\ mile of the
same place for more than one day inside State waters, processing
vessels shall report upon the commencement of discharging and again
when discharging terminates. A note shall be made in the first position
report that, if known, the vessel intends to remain at that location
for more than one day, and shall provide an estimate of the time to be
spent at that location. A note must be made on the last position report
that the vessel is no longer discharging in State waters.
Reporting Requirement
Any observed violations of the floating residues criteria of the
state water quality standards shall be reported to the EPA and ADEC
within 24 hours as provide in Section VII(F) of the permit.
Degraded Waterbodies
Akutan Island: Akutan Harbor west of longitude 165 deg.46'00'' W.
Udagak Bay: waters of the bay from a line extending between
latitude 53 deg.44'32''N, longitude 166 deg.19'14''W and latitude
53 deg.44'04''N, longitude 166 deg.18'32''W.
Any waterbody included in ADEC's CWA Sec. 305(b) report or CWA
Sec. 303(d) list of waters which are ``impaired'' by seafood processor
discharges or ``water quality-limited'' for dissolved oxygen or
residues (i.e., floating solids, debris, sludge, deposits, foam or
scum). Included are:
Gibson Cove, Kodiak, AK ID #20701-605,
Herring Cove, Sitka, AK ID #10203-603,
Jamestown Bay, Near Cannon Island, AK ID #10203-604,
Rowan Bay, Kuru Island, AK ID #10202-602,
Silver Bay, Sitka, AK ID #10203-601,
Thorn Bay, Prince of Wales Island, AK ID #10203-602, and
Ward Cove, Ketchikan, AK ID #10102-601.
Pribilof Islands
The coastal waters surrounding the Pribilof Islands (out to 3
nautical miles) are excluded from coverage under the 1995 general NPDES
permit for seafood processors in Alaska. Temporary permitting
provisions will be made for discharges to these waters while an
interagency workgroup completes a problem identification and evaluation
process.
As Developed by Alaska Department of Environmental Conservation
(Henkins, ADEC, 4/27/95)
Authorization of Mixing Zones
Offshore processors: 300 ft. radius from the point of discharge
Nearshore processors: 200 ft. radius from the point of discharge
Shore-based processors: 100 ft. radius from the point of discharge
[[Page 35017]]
Authorization of Zones of Deposit
One acre for offshore, nearshore and shore-based seafood processors
Non-compliance Event
The local State office is to be informed within 24 hours of a non-
compliance event in addition to the report to EPA (Section VII.C.1)
Excluded Waterbodies
Ward Cove, Ketchikan, listed on the CWA Sec. 303(d) list and given
Alaska I.D. No. 10102-601 is excluded from coverage by this general
permit for the reasons outlined in the State of Alaska Consistency
Review dated December 23, 1994.
Forms for Notice of Intent and Annual Report
The attached Notice of Intent form and Annual Report form are
incorporated into the final permit.
[FR Doc. 95-16177 Filed 7-3-95; 8:45 am]
BILLING CODE 6560-50-P
