Sec. 18 AAC 83.425 - Case-by-case permit conditions and monitoring; reporting requirements

ยง 18 AAC 83.425. Case-by-case permit conditions and monitoring; reporting requirements

(a) In addition to conditions required in all permits under 18 AAC 83.405 - 18 AAC 83.420 and required in specific categories of permits under 18 AAC 83.610, the department will establish conditions, as required on a case-by-case basis, to assure compliance with any applicable requirement of state law and 33 U.S.C. 1251 - 1387 (Clean Water Act), and regulations, including conditions in compliance with

(1)18 AAC 83.020, duration of APDES permits;

(2)18 AAC 83.455, monitoring requirements; and

(3)18 AAC 83.560, schedules of compliance.

(b) An applicable requirement is a state statutory or regulatory requirement that takes effect before final administrative disposition of a permit and also any requirement that takes effect before the modification or revocation and reissuance of a permit, to the extent allowed in 18 AAC 83.130. New or reissued permits, and modified or revoked and reissued permits to the extent allowed under 18 AAC 83.130, must incorporate each of the applicable requirements referenced in 18 AAC 83.430 - 18 AAC 83.550.

(c) All permit conditions must be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulation or requirement must be given in the permit. The monitoring and reporting requirements in APDES permits must be limited to those requirements authorized by law, including 33 U.S.C. 1318 (sec. 308, Clean Water Act), and any legal settlements, and those necessary to ascertain compliance with the effluent limitations contained in the permit and with state water quality standards.

(d) In addition to the monitoring and reporting conditions that are contained in an APDES permit under (a) - (c) of this section, the department may require the owner or operator of any point source to perform any activity listed in 33 U.S.C. 1318 whenever the department determines it is necessary to carry out the objectives set out in 33 U.S.C. 1318.

(Eff. 7/29/2006, Register 179; am 10/23/2008, Register 188)

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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