18 AAC 70.200 - Short-term variance
(a) In its discretion, the department will
grant a short-term variance from the antidegradation policy standard of
18 AAC 70.015 or the water quality
criteria of
18 AAC 70.020(b)
for
(1) a one-time, temporary activity that
is a nonpoint source of water pollution; and
(2) a temporary activity associated with the
placement of dredged or fill material affecting a specific waterbody.
(b) The department will grant a
short-term variance only if an applicant shows to the department's satisfaction
that
(1) wastes or substances that might
adversely affect water quality are controlled, using methods the department
finds most effective;
(2) the
activity will be conducted in a manner to mitigate water quality impacts, using
methods the department finds most effective; and
(3) the activity, when completed, will not
cause a long-term, chronic, or recurring violation of the water quality
standards.
(c) The
department will, in its discretion, grant a short-term variance by geographic
area or project, or for a specific event. The term of a variance will be as
short as practicable, and will, at the latest, expire when the projects is
completed.
(d) A person seeking a
short-term variance shall submit a written request and proceed in accordance
with 18 AAC 15.020 -
18 AAC 15.100. The request must
state the
(1) location, time, duration, and
type of activity for which the variance is sought;
(2) reasons why the activity is
required;
(3) a real extent and
quantified degree of variance from the applicable criteria;
(4) detailed construction and operating
plans, including water pollution control and mitigation measures; and
(5) activity's estimated impact on the uses
of the water involved, including recreation and use for habitat, rearing,
growth, or migration by fish, shellfish, other aquatic life, and
wildlife.
(e) The
department will, in its discretion, treat an application for a permit under
Sec. 404 of the Clean Water Act as an application for a short-term
variance.
Notes
Authority:AS 46.03.020
AS 46.03.070
AS 46.03.080
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.