18 AAC 83.410 - Special reporting obligations

(a) Planned changes.The permittee shall give notice to the department as soon as possible of any planned physical alteration or addition to the permitted facility if
(1) the alteration or addition may make the facility a "new source" under one or more of the criteria in 18 AAC 83.990(44); or
(2) the alteration or addition could significantly change the nature or increase the quantity of pollutants discharged if those pollutants are not subject to effluent limitations in the permit, or to notification requirements under 18 AAC 83.610.
(b) Anticipated noncompliance.A permittee shall give seven days notice to the department before commencing any planned change in the permitted facility or activity that may result in noncompliance with permit requirements.
(c) Transfers.A permittee may not transfer a permit for a facility or activity to any person except after notice to the department. The department may modify or revoke and reissue the permit to change the name of the permittee and incorporate other requirements of 33 U.S.C. 1251 - 1387 (Clean Water Act).
(d) Monitoring reports.At the intervals specified in the permit, monitoring results must be reported on the EPA discharge monitoring report form, as revised as of March, 1999, adopted by reference. If the permittee monitors any pollutant more frequently than the permit requires using test procedures approved under 40 C.F.R. Part 136, adopted by reference in 18 AAC 83.010, or as specified in the permit, the results of that additional monitoring must be included in the calculation and reporting of the data submitted in the discharge monitoring report. All limitations that require averaging of measurements must be calculated using an arithmetic mean unless the department specifies another method in the permit.
(e) Compliance schedules.A permittee must submit progress or compliance reports on interim and final requirements in any compliance schedule of a permit no later than 14 days following the scheduled date of each requirement.
(f) Twenty-four hour reporting.A permittee shall report any noncompliance event that may endanger health or the environment as follows:
(1) a report must be made
(A) orally within 24 hours after the permittee becomes aware of the circumstances; and
(B) in writing within five days after the permittee becomes aware of the circumstances;
(2) a report must include the following information:
(A) a description of the noncompliance and its cause;
(B) the period of noncompliance, including exact dates and times;
(C) if the noncompliance has not been corrected, a statement regarding the anticipated time the noncompliance is expected to continue; and
(D) steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance;
(3) an event that must be reported within 24 hours includes
(A) an unanticipated bypass that exceeds any effluent limitation in the permit;
(B) an upset that exceeds any effluent limitation in the permit;
(C) a violation of a maximum daily discharge limitation for any of the pollutants listed in the permit as requiring 24 hour reporting;
(4) the department may waive the written report on a case-by-case basis for reports under (3) of this subsection if the oral report has been received within 24 hours.
(g) Other noncompliance.A permittee shall report all instances of noncompliance not reported under (d), (e), and (f) of this section at the time the permittee submits monitoring reports. A report of noncompliance under this subsection must contain the information listed in (f)(2) of this section.
(h) Corrective information.If a permittee becomes aware that it failed to submit a relevant fact in a permit application, or submitted incorrect information in a permit application or in any report to the department, the permittee shall promptly submit the relevant fact or the correct information.
18 AAC 83.410
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

A copy of EPA's discharge monitoring report form specified and adopted by reference in 18 AAC 83.410(d) is available for examination at the Department of Environmental Conservation, Division of Water area offices in Juneau, Anchorage, and Fairbanks. The form may also be viewed through EPA's website at http://cfpub.epa.gov/npdes/pareas.cfm.

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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