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.

History: Eff. 11/1/97, Register 143

Authority: AS 46.03.020

AS 46.03.070

AS 46.03.080

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