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Under section 316(a) of the Clean Water Act, if the owner or operator of a thermal discharge source, after opportunity for public hearing, can show to the department's satisfaction that application of the temperature criterion in 18 AAC 70.020 is more stringent than needed to assure the protection and propagation of diverse indigenous and anadromous populations of aquatic life in waters to which the discharge would occur, the department will, in its discretion, apply a new temperature criterion to the waterbody affected. The new criterion will assure the protection and propagation of diverse indigenous and anadromous populations of aquatic life, and other wildlife, in and on that waterbody, according to its protected use classes.
History: Eff. 11/1/97, Register 143
Authority: AS 46.03.020
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Last modified 7/05/2006