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
(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).
Notes
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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