18 AAC 70.205 - Water quality standards variance
(a) Upon
application or on its own initiative, the department may authorize a water
quality standards variance, that establishes a time - limited designated use
and an associated water quality criterion that represent the highest attainable
condition, consistent with the requirements of
40 C.F.R.
131.14, revised as of July 1,2019 and adopted
by reference.
(b) An applicant
requesting a water quality standards variance under this section shall submit
supporting documentation consistent with
40 C.F.R.
131.14(b) to the department.
The department will review and determine whether the information is sufficient.
If determined necessary, the department may request additional
information.
(c) A water quality
standards variance is subject to public participation procedures under
40 C.F.R.
131.20(b), revised as of
July 1,2019 and adopted by reference, the procedures of
AS
44.62.180 -
44.62.290, and other applicable
state and federal statutes and regulations.
(d) The department may terminate, modify, or
deny a subsequent water quality standards variance if the department determines
that the variance is not being implemented as authorized or is resulting in a
significant adverse environmental effect.
Notes
Authority:AS 46.03.020
AS 46.03.050
AS 46.03.070
AS 46.03.080
AS 46.03.100
AS 46.03.120
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