18 AAC 72.910. Procedures for general permit

(a) Application for authorization to operate under a general permit must be made in accordance with AS 46.03.110 and 18 AAC 15 and using forms provided by the department.

(b) If the department proposes a general permit, the department will publish notice of the proposed permit in two issues of a newspaper of general circulation in the area where the disposal is to take place and in other media as the department considers appropriate. In the notice, the department will summarize the proposed permit, explain the type of discharge to be allowed and any geographical restrictions on where the permit can be used, and state where copies of the proposed permit and supporting documents may be obtained. The department will maintain a mailing list of individuals wishing to receive copies of public notices.

(c) The department may modify, revoke, reissue, or terminate a general permit in accordance with AS 46.03, 18 AAC 15, and this chapter. The department will require a person with a general permit authorization to obtain an individual permit if the department determines that

(1) the disposal does not meet the requirements for a general permit as set out in 18 AAC 72.900;

(2) the disposal contributes to pollution or causes an adverse impact on public health or water quality;

(3) a change has occurred in the availability of technology or practices for the control or abatement of pollution contained in the disposal; or

(4) public health, public and private water systems, and the environment are not adequately protected.

(d) An applicant who seeks an authorization to operate under a National Pollutant Discharge Elimination System general permit under 33 U.S.C. 1342 (Clean Water Act, sec. 402) that has been certified by the department under 33 U.S.C. 1341 (Clean Water Act, sec. 401), or who seeks an authorization to operate under a general permit issued by the department, shall pay the appropriate fee listed in 18 AAC 72.956(a) or if the discharge is not listed in 18 AAC 72.956(a) , shall pay a fee under 18 AAC 72.959 for the authorization to operate under that general permit.

History: Eff. 6/30/90, Register 114; am 2/19/93, Register 125; am 11/10/94, Register 132; am 1/17/2002, Register 161

Authority: AS 44.46.020

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