18 AAC 83.405 - Conditions applicable to all permits

(a) Incorporation of conditions.The conditions in (b) - (l) of this section and in 18 AAC 83.410 - 18 AAC 83.420 apply to all APDES permits and must be incorporated into the permits expressly or by reference along with any additional conditions required under this chapter. Any section incorporated by reference in a permit must be identified by a specific citation.
(b) Duty to comply.A permittee shall comply with all conditions of that permittee's APDES permit. Any permit noncompliance constitutes a violation of 33 U.S.C. 1251 - 1387 (Clean Water Act) and this chapter, and is grounds for an enforcement action including termination, revocation and reissuance, or modification of a permit, or denial of a permit renewal application. A permittee shall comply with effluent standards or prohibitions established under 33 U.S.C. 1317(a) for toxic pollutants within the time provided in the regulations that establish those effluent standards or prohibitions even if the permit has not yet been modified to incorporate the requirement.
(c) Duty to reapply.If a permittee wishes to continue an activity regulated by a permit after its expiration date, the permittee must apply for and obtain a new permit.
(d) Need to halt or reduce activity not a defense.In an enforcement action, a permittee may not assert as a defense that compliance with the conditions of the permit would have made it necessary for the permittee to halt or reduce the permitted activity.
(e) 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.
(f) 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 the permittee installs or uses to achieve compliance with the conditions of the permit. The permittee's duty to operate and maintain properly includes using adequate laboratory controls and appropriate quality assurance procedures. However, a permittee is not required to operate back-up or auxiliary facilities or similar systems that a permittee installs unless operation of those facilities is necessary to achieve compliance with the conditions of the permit.
(g) Permit actions.A permit may be modified, revoked and reissued, or terminated for cause as provided in 18 AAC 83.130. If a permittee files a request to modify, revoke and reissue, or terminate a permit, or gives notice of planned changes or anticipated noncompliance, the filing or notice does not stay any permit condition.
(h) Property rights.A permit does not convey any property rights or exclusive privilege.
(i) Duty to provide information.A permittee shall, within a reasonable time, provide to the department any information that the department requests to determine whether a permittee is in compliance with the permit, or whether cause exists to modify, revoke and reissue, or terminate a permit. A permittee shall also provide to the department, upon request, copies of any records the permittee is required to keep under the permit.
(j) Inspection and entry.A permittee shall allow the department, or an authorized representative, including a contractor acting as a representative of the department at reasonable times and on presentation of credentials establishing authority and any other documents required by law, to
(1) enter the premises where a permittee's regulated facility or activity is located or conducted, or where permit conditions require records to be kept;
(2) have access to and copy any records that permit conditions require the permittee to keep;
(3) inspect any facilities, equipment, including monitoring and control equipment, practices, or operations regulated or required under a permit; and
(4) sample or monitor any substances or parameters at any location for the purpose of assuring permit compliance or as otherwise authorized by 33 U.S.C. 1251 - 1387 (Clean Water Act).
(k) Monitoring and records.A permittee must comply with the following monitoring and recordkeeping conditions:
(1) samples and measurements taken for the purpose of monitoring must be representative of the monitored activity;
(2) the permittee shall retain records of all monitoring information for at least three years, or longer at the department's request at any time, from the date of the sample, measurement, report, or application; monitoring records required to be kept include
(A) all calibration and maintenance records;
(B) all original strip chart recordings or other forms of data approved by the department for continuous monitoring instrumentation;
(C) all reports required by a permit; and
(D) records of all data used to complete the application for a permit;
(3) records of monitoring information must include
(A) the date, exact place, and time of any sampling or measurement;
(B) the name of any individual who performed the sampling or measurement;
(C) the date any analysis was performed;
(D) the name of any individual who performed any analysis;
(E) any analytical technique or method used; and
(F) the results of the analysis; and
(4) monitoring must be conducted according to test procedures approved under 40 C.F.R. Part 136, adopted by reference in 18 AAC 83.010, unless other test procedures have been specified in the permit.
(l) Signature requirement; penalties.Any application, report, or information submitted to the department in compliance with a permit requirement must be signed and certified in accordance with 18 AAC 83.385. Any person who knowingly makes any false material statement, representation, or certification in any application, record, report or other document filed or required to be maintained under a permit, or who knowingly falsifies, tampers with or renders inaccurate any monitoring device or method required to be maintained under a permit shall, upon conviction, be subject to penalties under 33 U.S.C. 1319(c)(4).
18 AAC 83.405
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

Authority:AS 44.46.020

AS 46.03.010

AS 46.03.020

AS 46.03.050

AS 46.03.100

AS 46.03.110


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