[Federal Register Volume 60, Number 128 (Wednesday, July 5, 1995)]
[Notices]
[Pages 34992-35017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16177]




Authorization To Discharge Under The National Pollutant Disharge 
Elimination System For Seafood Processors In Alaska

    [General Permit No.: AKG-52-0000]
    In compliance with the provisions of the Clean Water Act, 33 U.S.C. 
1251 et seq. (hereafter, CWA or the Act), the owners and operators of 
seafood processing facilities described in Part I of this general 
National Pollutant Discharge Elimination System (NPDES) Permit are 
authorized to discharge seafood processing wastes and the concomitant 
wastes set out in Part II of this Permit to waters of the United 
States, except those excluded from authorization of discharge in Part 
III of this Permit, in accordance with effluent limitations, monitoring 
requirements and other conditions set forth herein. The discharge of 
wastes not specifically set out in Part II of this permit is not 
authorized under this permit.
    The general NPDES permit AK-G52-0000 reissued in 1989 is invalid as 
of the effective date of this reissued permit, except as provided for 
in the State of Alaska Consistency Conditions.
    A copy of this general permit must be kept at the seafood 
processors facility where the discharges occur.
    This permit shall become effective August 4, 1995.
    This permit and the authorization to discharge shall expire at 
midnight, 5 years from the effective date of the permit.

    Signed this 21st day of June.
Janis Hastings,
Acting Director, Water Division, Region 10, U.S. Environmental 
Protection Agency.

Table of Contents

Cover Page
I. Authorized Facilities
II. Authorized Discharges
III. Areas Excluded From Authorization Under This General NPDES 
Permit
    A. Protected Water Resources and Special Habitats
    B. At-risk water resources and waterbodies
    C. Degraded waterbodies
    D. Designated fish processing center
    E. Waiver
IV. Application to be Permitted Under This General NPDES Permit
    A. Submittal of a Notice of Intent to be covered under this 
general NPDES permit
    B. What constitutes a ``timely'' submittal of a Notice of Intent
    C. What constitutes a ``complete'' submittal of a Notice of 
Intent
    D. How does an applicant request a waiver to discharge in an 
excluded area under this general NPDES permit
V. Categories of Permittees and Requirements
    A. Offshore seafood processors
    B. Nearshore seafood processors 

[[Page 34993]]

    C. Shore-based seafood processors
VI. Specific Waste Minimization and Monitoring Requirements
    A. Best management practices plan
    B. Annual report
    C. Seafloor monitoring requirements
    D. Sea surface and shoreline monitoring requirements
VII. Recording and Reporting Requirements
    A. Records contents
    B. Retention of records
    C. Twenty-four hour notice of noncompliance reporting
    D. Other noncompliance reporting
VIII. Compliance Responsibilities
    A. Duty to comply
    B. Penalties for violations of permit conditions
    C. Need to halt or reduce activity not a defense
    D. Duty to mitigate
    E. Proper operation and maintenance
    F. Bypass of treatment facilities
    G. Upset conditions
    H. Planned changes
    I. Anticipated noncompliance
IX. General Provisions
    A. Permit actions
    B. Duty to reapply
    C. Duty to provide information
    D. Incorrect information and omissions
    E. Signatory requirements
    F. Availability of reports
    G. Inspection and entry
    H. Oil and hazardous substance liability
    I. Property rights
    J. Severability
    K. Transfers
    L. State laws
    M. Reopener clause
X. DEFINITIONS and ACRONYMS
APPENDIX: List of Areas Excluded from Coverage
ATTACHMENT: State Consistency Conditions
Authorized Facilities

    Subject to the restrictions of Part III of this Permit (excluded 
areas), the following categories of dischargers are authorized to 
discharge the pollutants set out in Part II of this permit once a 
Notice of Intent has been filed with, and an authorization is received 
from, EPA.
    A. Owners and operators of the facilities operating offshore or 
nearshore vessels, and shore-based vessels or onshore facilities 
engaged in the processing of fresh, frozen, canned, smoked, salted or 
pickled seafoods.
    B. Owners and operators of the facilities operating offshore 
vessels that are engaged in the processing of seafood paste, mince or 
meal.
    Shore-based and nearshore seafood processors discharging seafood 
paste, mince or meal process wastes to receiving waters within one (1) 
nautical mile of shore at MLLW are not authorized to discharge under 
this general NPDES permit.
    Operations which catch and process seafood and which discharge less 
than one thousand (1,000) pounds of seafood waste per day and less than 
fifteen tons (30,000 lbs) of seafood waste per year may be but are not 
required to be covered under this general NPDES permit.

II. Authorized Discharges

    A. This Permit authorizes the discharge of the following pollutants 
subject to the limitations and conditions set forth herein:
    Seafood process wastes;
    Process disinfectants;
    Sanitary wastewater; and
    D. Other wastewaters, including domestic wastewater, cooling water, 
boiler water, gray water, freshwater pressure relief water, 
refrigeration condensate, water used to transfer seafood to the 
facility, and live tank water.
    The discharge of wastes not specifically set out in this Part is 
not authorized under this Permit.

III. Areas Excluded From Authorization Under This General NPDES 
Permit

    Subject to the waiver provision set out in Part III.E below, this 
Permit does not authorize the discharge of pollutants in the following 
circumstances.

A. Protected Water Resources and Special Habitats

    This Permit does not authorize the discharge of pollutants in the 
protected water resources and special habitats as described below and 
listed in the Appendix.
    1. Within one (1) nautical mile of a State Game Sanctuary, State 
Game Refuge or State Critical Habitat.
    2. Within one (1) nautical mile of a National Park or Preserve.
    3. Within one (1) nautical mile of a National Wildlife Refuge.
    4. Within one (1) nautical mile of a National Wilderness Area.
    5. Within three (3) nautical miles of the seaward boundary of a 
rookery or major haul-out area of the Steller sea lion which has been 
designated as ``critical habitat'' by the National Marine Fisheries 
Service (NMFS).
    6. Within one (1) nautical mile of the seaward boundary of a 
rookery of the northern fur seal during the period May 1 through 
November 15.
    7. Within one (1) nautical mile of the seaward boundary of a 
nesting area of a colony of one thousand or more of the following 
seabirds during the period May 1 through September 30: auklets, 
cormorants, fulmars, guillemots, kittiwakes, murrelets, murres, puffins 
and/or terns.
    8. In a river designated as wild or scenic under the Wild and 
Scenic Rivers Act.

B. At-risk Water Resources and Waterbodies

    This Permit does not authorize the discharge of pollutants in the 
following at-risk water resources and waterbodies.
    1. Areas with water depth of less than ten (10) fathoms mean lower 
low water (MLLW) that have or are likely to have poor flushing, 
including but not limited to sheltered waterbodies such as bays, 
harbors, inlets, coves and lagoons and semi-enclosed water basins 
bordered by sills of less than ten (10) fathom depth. For the purposes 
of this section, ``poor flushing'' means average currents or turbulence 
of less than one third (0.33) of a knot at any point in the receiving 
water within three hundred (300) feet of the outfall.
    2. Akun Island: Lost Harbor.
    3. Streams or rivers within one (1) statute mile upstream of a 
permanent drinking water intake.
    4. Lakes or other impoundments of fresh water.

C. Degraded Waterbodies

    This Permit does not authorize the discharge of pollutants in the 
following degraded waterbodies.
    1. Akutan Island: Akutan Harbor west of longitude 165 deg.46'00'' 
W.
    2. Unalaska Island: Unalaska Bay and continuous inshore waters 
south of latitude 53 deg.57'50'' N.
    3. Udagak Bay: waters of the bay from a line extending between 
latitude 53 deg.44'32''N, longitude 166 deg.19'14''W and latitude 
53 deg.44'04''N, longitude 166 deg.18'32''W.
    4. Ward Cove.
    5. Any waterbody included in ADEC's CWA Sec. 305(b) report or CWA 
Sec. 303(d) list of waters which are ``impaired'' by seafood processor 
discharges or ``water quality-limited'' for dissolved oxygen or 
residues (i.e., floating solids, debris, sludge, deposits, foam or 
scum).

D. Designated Fish Processing Center

    This Permit does not authorize the discharge of pollutants to 
receiving waters adjacent to the City of Kodiak, including Kodiak 
Harbor, St. Paul Harbor, Near Island Channel, Women's Bay and Woody 
Island Channel.
E. Waiver

    An owner or operator of a seafood processing facility may request a 
waiver to discharge under this Permit in the excluded areas listed in 
Parts III.A.-D. above. In order to obtain a waiver to discharge in one 
or more of these excluded areas, an applicant must submit a timely and 
complete request for a waiver in accordance with the requirements 
listed in Part IV.D. below. Pre-existing, permanent onshore siting 

[[Page 34994]]
may be considered justification for a waiver.
    A waiver will not be granted until after consultation between EPA, 
ADEC and other appropriate government offices to determine that the 
proposed discharge will comply with applicable State and federal laws 
and regulations and State-approved Coastal Zone Management Plans.

IV. Application To Be Permitted Under This General NPDES Permit

    In order to be authorized to discharge any of the pollutants set 
out in Part II above to waters of the United States under this general 
NPDES permit, one must apply for coverage under this Permit. This 
general NPDES permit does not authorize any discharges from facilities 
that have not applied for and received permission to discharge under 
this Permit from EPA.

A. Submittal of a Notice of Intent to be Covered Under This General 
NPDES Permit

    An applicant wishing authorization to discharge under this Permit 
shall submit a timely and complete Notice of Intent (NOI) to EPA and 
ADEC in accordance with the requirements listed below. A qualified 
applicant will be authorized to discharge under this Permit upon its 
certified receipt from EPA of written notification of inclusion and the 
assignment of an NPDES permit number.
    EPA may require any discharger applying for coverage under this 
general NPDES permit to apply for and obtain an individual NPDES permit 
in accordance with Code of Federal Regulations (CFR) Vol. 40, Section 
122.28(b)(3).
    A permittee authorized to discharge under this Permit shall submit 
to EPA and ADEC an updated and amended NOI when there is any material 
change in the information submitted within its original NOI.
    In compliance with the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. the Office of Management and Budget has approved the information 
in a Notice of Intent for permit application (OMB No. 2040-0086).
    A permittee shall submit its Notice of Intent to be covered under 
this general NPDES permit to:

U.S. Environmental Protection Agency Region 10, NPDES Compliance (WD-
135), 1200 Sixth Avenue, Seattle, Washington 98101

    and, to the responsible ADEC office at

Alaska Department of Environmental Conservation, Southeastern Regional 
Office, 410 Willoughby Avenue, Suite 105, Juneau, Alaska 99801
Attention: Wastewater Program
Alaska Department of Environmental Conservation, Southcentral Regional 
Office, 3601 C Street, Suite 1334, Anchorage, Alaska 99503, Attention: 
Wastewater Program

or

Alaska Department of Environmental Conservation, Western District 
Office, Unalaska Field Office, P.O. Box 1071, Unalaska, Alaska 99692, 
Attention: Wastewater Program

B. What constitutes a ``timely'' submittal of a Notice of Intent

    1. A new permittee seeking coverage under this Permit shall submit 
an NOI at least 60 days prior to commencement of operation and 
discharge.
    2. An existing permittee authorized to discharge under the general 
NPDES permit for seafood processors, effective for the period October 
30, 1989, through October 31, 1994, should submit an NOI at least 60 
days prior to the expiration of that permit and shall submit an NOI no 
later than 60 days after the effective date of this Permit.
    3. An existing permittee authorized to discharge under an 
individual NPDES permit and applying for authorization to discharge 
pollutants under this Permit should submit an NOI at least 60 days 
prior to the desired date of authorization to discharge under this 
Permit and at least 180 days prior to the expiration date of the 
individual NPDES permit.

C. What Constitutes a ``Complete'' Submittal of a Notice of Intent

1. Permit Information
    An NOI shall include any NPDES number(s) currently or previously 
assigned to the facility and the ADEC seafood processor license number.
2. Owner Information
    An NOI shall include the name and the complete address and 
telephone number of the owner of the facility and the name of its duly 
authorized representative. If a facsimile machine is available at this 
address, it is useful to provide a FAX number.
3. Company Information
    a. An NOI shall include the name and the complete address and 
telephone number of the company operating the facility and the name of 
its duly authorized representative. If a facsimile machine is available 
at this address, it is useful to provide a FAX number.
4. Facility Information
    a. An NOI shall include the name, address and telephone number of 
the facility. If the name of the facility has changed during the last 
five years, the NOI shall include the previous name(s) of the facility 
and the date(s) of these changes. If a facsimile machine is available 
at this address, it is useful to provide a FAX number.
    b. For nearshore and shore-based facilities, an NOI shall include a 
description of the physical location of the facility and its accurate 
location in terms of latitude and longitude with a precision of at 
least 15 seconds of a degree ( 0.25 mile). In addition, the 
NOI should provide the Alaska Department of Fish and Game's (ADFG) 
Fishery Management Areas in which a facility will operate and 
discharge.
    The NOI shall also include an area map of the facility and its 
outfall(s). This map shall be based upon an official map or chart of 
the National Oceanic and Atmospheric Administration (NOAA) or the U.S. 
Geologic Survey (USGS) of a scale of resolution of from 1:20,000 to 
1:65,000.
    c. An NOI should include the number of seasonal and annual 
employees of the facility.
    d. For floating facilities, an NOI shall include the U.S. Coast 
Guard (USCG) vessel number, the type, length and date of purchase of 
the vessel, and the ADFG Fishery Management Area(s) in which a facility 
will operate and discharge.
5. Facility Classification
    An NOI shall include the classification(s) of the facility as one 
or more of the following categories of seafood processors.
    a. Offshore seafood processor: a processor operating and 
discharging more than one (1) nautical mile from shore at MLLW.
    b. Nearshore seafood processor: a processor operating and 
discharging from one (1) to one half (0.5) nautical mile from shore at 
MLLW.
    c. Shore-based seafood processor: a processor operating and 
discharging less than one half (0.5) nautical mile from shore at MLLW.
6. Production Information
    An NOI shall include projected production data based upon 
historical operations and design capacity. Production data includes an 
identification of the process applied to the product, the name and 
quantity of the raw product(s) by species, the type of the finished 
product(s), and the maximum quantity of each raw product which can be 
processed in a 24-hour day. The NOI shall also include the projected 
processing location(s) and number of operating days by month for the 
facility.
    7. Receiving Water Information 

[[Page 34995]]

    An NOI shall include the name(s) of the waterbody(ies) receiving 
the discharges of the facility and the name of any larger, adjacent 
receiving waterbody.
    The NOI shall include information concerning any areas within three 
(3) nautical miles which are excluded from coverage under the Permit in 
Part III above.
    For nearshore and shore-based processors, an NOI shall include a 
bathymetric map of the receiving water within one (1) nautical mile of 
the discharge.
8. Description of Discharge(s)
    An NOI shall include the depth at MLLW and distance from shore at 
MLLW of the end of the outfall pipe at which the effluent is 
discharged.
    An NOI shall include information concerning all the discharges from 
the facility.
    a. Sanitary wastes. The NOI shall identify the type and capacity of 
the sanitary wastewater treatment system.
    b. Seafood process wastes. The NOI shall include a list of the 
number, type, waste solids weights and wastewater volumes of each 
discharge and the maximum quantity of process wastes which can be 
produced in a 24-hour day. Discharges should be described in terms of 
specific seafood products processed and component wastewaters on a 
monthly basis for one year of operation.
    c. Other wastewaters. The NOI shall include information on process 
disinfectants, domestic wastewater, cooling water, boiler water, 
refrigeration condensate, transfer water, graywater, live tank water 
and freshwater pressure relief water.
9. Signatory Requirements.
    All permit applications shall be signed as follows:
    a. For a corporation: by a principal corporate officer.
    b. For a partnership or sole proprietorship: by a general partner 
or the proprietor, respectively.
    c. For a municipality, state, federal, or other public agency: by 
either a principal executive officer or ranking elected official.

D. How Does an Applicant Request a Waiver to Discharge in an Excluded 
Area Under This General NPDES Permit

    An applicant who seeks a waiver of one or more of the requirements 
for discharge location in Part III above must submit a timely and 
complete request for a waiver in accordance with the following 
requirements.
    1. A Notice of Intent to be authorized to discharge under this 
general NPDES permit in accordance with the requirements of Parts IV.A-
C. above.
    2. A detailed description of the circumstances requiring discharges 
to the excluded areas. This description should address alternatives to 
discharging within the excluded area.
    3. A detailed description of the nature, magnitude and duration of 
the seafood processing operation and its discharges.
    4. A detailed map showing the proposed facility location, outfall 
location, receiving water bathymetry, surrounding upland topography, 
and any protected water resources, special habitats or areas listed in 
Part III above which are located within three (3) nautical miles of the 
site or its outfall. This area map of the facility and its outfall(s) 
shall be based upon an official map or chart of NOAA or USGS of a scale 
of resolution from 1:20,000 to 1:65,000.
    5. A description of how and why the discharges will not cause a 
violation of State water quality standards, including antidegradation, 
in the receiving waters [Alaska Administrative Code (AAC) Vol. 18, Part 
70].
    6. A description of how and why the discharges will not cause a 
significant degradation of the physical, chemical or biological 
integrity of the receiving water, including but not limited to seafloor 
deposits of settleable residues, shoreline deposits of residues and 
increased mortality in communities of marine life.
    7. A description of how and why the discharges will not harm or 
impair the reproduction and growth of any threatened or endangered 
species within three (3) nautical miles of the proposed operation and 
discharge.
    A waiver will not be granted until after consultation between EPA, 
ADEC and other appropriate government offices to determine that the 
proposed discharge will comply with applicable State and federal laws 
and regulations and State-approved Coastal Zone Management Plans.

V. Categories of Permittees and Requirements

A. Offshore Seafood Processors

(a processor operating and discharging more than one (1) nautical mile 
from shore at MLLW)
1. Effluent Limitations and Requirements
    a. Amount of seafood process wastes. A permittee shall not 
discharge a volume or weight of seafood process wastes on a daily or 
annual basis which exceeds the amount reported in the permittee's 
Notice of Intent to be covered under this Permit.
    b. Treatment and limitation of seafood process wastes. A permittee 
shall route all seafood process wastes through a waste-handling system. 
The waste solids discharged from the end of pipe shall not exceed one 
half (0.5) inch in any dimension.
    c. Scupper and floor drain wastes. A permittee shall route all 
seafood process wastes from scuppers and floor drains through a waste-
handling system. The waste solids discharged from the end of pipe shall 
not exceed one half (0.5) inch in any dimension.
    d. Sanitary wastes. A permittee shall route all sanitary wastes 
through a sanitary waste system that meets the applicable Coast Guard 
pollution control standards then in effect (33 CFR part 159: ``Marine 
sanitation devices''). Nonfunctioning and undersized systems are 
prohibited.
    e. Other wastewaters. A permittee shall not discharge any other 
such wastewaters that contain foam, floating solids, grease, or oily 
wastes which produce a sheen on the water surface, nor wastes which 
deposit residues which accumulate on the shoreline or sea floor. The 
incidental foam and scum produced by discharge of seafood transfer 
water must be minimized to the extent practicable as described in the 
best management practices plan of Part VI.A. Wastewaters which have not 
had contact with seafood process wastes are not required to be 
discharged through the seafood process waste-handling system.
    f. State water quality standards (18 AAC Part 70). Discharges shall 
not violate Alaska Water Quality Standards for floating or suspended 
residues, dissolved oxygen, oil and grease, fecal coliform, pH, 
temperature, color, turbidity, and total residual chlorine beyond the 
mixing zone. For the purposes of offshore seafood processors, the 
mixing zone shall be measured as three hundred (300) feet radius from 
the point of discharge. Discharges shall not violate Alaska Water 
Quality Standards for settleable solid residues beyond a one (1) acre 
zone of deposit.
    g. Additional wastes. A permittee is reminded of the requirement 
that vessels comply with 33 CFR part 151.
(Vessels carrying oil, noxious liquid substances, garbage, municipal or 
commercial wastes, and ballast water).
    h. Monitoring. A permittee shall monitor its processing and 
discharges to the extent necessary to develop and submit a timely and 
accurate annual report. 

[[Page 34996]]

2. Best Management Practices Requirements
    During the term of this Permit all permittees shall operate in 
accordance with a Best Management Practices Plan as described in Part 
VI.A. below.
3. Annual Reporting Requirements
    During the term of this Permit all permittees shall prepare and 
submit an accurate and timely annual report of noncompliance, 
production, discharges and process changes as described in Part VI.B. 
below.

B. Nearshore Seafood Processors

(a processor operating and discharging from one (1) to one half (0.5) 
nautical mile from shore at MLLW)
1. Effluent Limitations and Requirements
    a. Amount of seafood process wastes. A permittee shall not 
discharge a volume or weight of seafood process wastes on a daily or 
annual basis which exceeds the amount reported in the permittee's 
Notice of Intent to be covered under this Permit.
    b. Treatment and limitation of seafood process wastes. A permittee 
shall route all seafood process wastes through a waste-handling system. 
The waste solids discharged from the end of pipe shall not exceed one 
half (0.5) inch in any dimension.
    c. Scupper and floor drain wastes. A permittee shall route all 
seafood process wastes from scuppers and floor drains through a waste-
handling system. The waste solids discharged from the end of pipe shall 
not exceed one half (0.5) inch in any dimension.
    d. Sanitary wastes. A permittee shall route all sanitary wastes 
through a sanitary waste system that meets the applicable Coast Guard 
pollution control standards then in effect (33 CFR Part 159: ``Marine 
sanitation devices'']) Nonfunctioning and undersized systems are 
prohibited.
    e. Other wastewaters. A permittee shall not discharge any other 
such wastewaters that contain foam, floating solids, grease, or oily 
wastes which produce a sheen on the water surface, nor wastes which 
deposit residues which accumulate on the shoreline or sea floor. The 
incidental foam and scum produced by discharge of seafood transfer 
water must be minimized to the extent practicable as described in the 
best management practices plan of Part VI.A. Wastewaters which have not 
had contact with seafood process wastes are not required to be 
discharged through the process waste-handling system.
    f. Residues. A permittee shall not discharge seafood sludge, 
deposits, debris, scum, floating solids, oily wastes or foam which 
alone or in combination with other substances
    (1) make the water unfit or unsafe for use in aquaculture, water 
supply, recreation, growth and propagation of fish, shellfish, aquatic 
life and wildlife, or the harvesting and consumption of raw mollusks or 
other raw aquatic life;
    (2) cause a leaching of deleterious substances;
    (3) cause a film, sheen, emulsion or scum on the surface of the 
water;
    (4) cause a scum, emulsion, sludge or solid to be deposited on the 
adjoining shorelines; or
    (5) cause a scum, emulsion, sludge or solid to be deposited on the 
bottom.
    g. State water quality standards (18 AAC Part 70). Discharges shall 
not violate Alaska Water Quality Standards for floating or suspended 
residues, dissolved oxygen, oil and grease, fecal coliform, pH, 
temperature, color, turbidity, and total residual chlorine beyond the 
mixing zone. For the purposes of nearshore seafood processors, the 
mixing zone shall be measured as two hundred (200) feet radius from the 
point of discharge. Discharges shall not violate Alaska Water Quality 
Standards for settleable solid residues beyond a zone (1) acre zone of 
deposit.
    h. Discharge pipe location. A permittee shall discharge its 
wastewaters at a point at least three (3) feet below the sea surface.
    i. Additional wastes. A permittee is reminded of the requirement 
that vessels comply with 33 CFR part 151
    (``Vessels carrying oil, noxious liquid substances, garbage, 
municipal or commercial wastes, and ballast water'').
    j. Monitoring. A permittee shall monitor its processing and 
discharges to the extent necessary to develop and submit a timely and 
accurate annual report and to detect and minimize occurrences of 
noncompliance.
2. Best Management Practices Requirements
    During the term of this Permit all permittees shall operate in 
accordance with a Best Management Practices Plan as described in Part 
VI.A. below.
3. Annual Reporting Requirements
    During the term of this Permit all permittees shall prepare and 
submit an accurate and timely annual report of noncompliance, 
production, discharges and process changes as described in Part VI.B. 
below.
4. Seafloor Monitoring Requirements
    During the term of this Permit all permittees classified as 
nearshore floating seafood processors and discharging to receiving 
waters of depths of less than twenty (20) fathoms at a fixed position 
for more than seven (7) days within a reporting year shall conduct a 
seafloor monitoring program as described in Part VI.C. below. A ``fixed 
position'' refers to a circular anchorage area of radius equal to one 
quarter (0.25) nautical mile.
5. Sea Surface and Shoreline Monitoring Requirements
    During the term of this Permit all permittees classified as 
nearshore floating seafood processors shall conduct a daily sea surface 
and a weekly shoreline monitoring program as described below in Part 
VI.D. below.

C. Shore-based Seafood Processors

(a processor operating and discharging less than one half (0.5) 
nautical mile from shore at MLLW)
1. Effluent Limitations and Requirements
    a. Amount of seafood process wastes. A permittee shall not 
discharge a volume or weight of seafood process wastes on a daily or 
annual basis which exceeds that reported in the permittee's Notice of 
Intent to be covered under this Permit.
    b. Treatment and limitation of seafood process wastes. A permittee 
shall route all seafood process wastes through a waste-handling system. 
The waste solids discharged from the end of pipe shall not exceed one 
half (0.5) inch in any dimension.
    c. Scupper and floor drain wastes. A permittee shall route all 
seafood process wastes from scuppers and floor drains through a waste-
handling system. The waste solids discharged from the end of pipe shall 
not exceed one half (0.5) inch in any dimension.
    d. Sanitary wastes. A permittee shall route all sanitary wastes 
through a sanitary waste treatment system. Nonfunctioning and 
undersized systems are prohibited.
    Sanitary wastes must be either:
    (1) Discharged to a shore-based septic system or a municipal 
wastewater treatment system,
    (2) Treated prior to discharge to meet the secondary treatment 
limitations for biochemical oxygen demands (BOD5) and total 
suspended solids (TSS) of 60 mg/1 daily maximum, 45 mg/1 weekly 
average, and 30 mg/1 monthly average, or,
    (3) If a USGC-licensed vessel, treated prior to discharge by a 
sanitary waste system that meets the applicable Coast Guard pollution 
control standards then 

[[Page 34997]]
in effect [33 CFR part 159: ``Marine sanitation devices''].
    e. Other wastewaters. A permittee shall not discharge any other 
such wastewaters that contain foam, floating solids, grease, or oily 
wastes which produce a sheen on the water surface, nor wastes which 
deposit residues which accumulate on the shoreline or sea floor. The 
incidental foam and scum produced by discharge of seafood transfer 
water must be minimized to the extent practicable as described in the 
best management practices plan of Part VI.A. Wastewaters which have not 
had contact with seafood process wastes are not required to be 
discharged through the process waste-handling system.
    f. Residues. A permittee shall not discharge seafood sludge, 
deposits, debris, scum, floating solids, oily wastes or foam which 
alone or in combination with other substances
    (1) make the water unfit or unsafe for use in aquaculture, water 
supply, recreation, growth and propagation of fish, shellfish, aquatic 
life and wildlife, or the harvesting and consumption of raw mollusks or 
other raw aquatic life;
    (2) cause a leaching of deleterious substances;
    (3) cause a film, sheen, emulsion or scum on the surface of the 
water;
    (4) cause a scum, emulsion, sludge or solid to be deposited on the 
adjoining shorelines; or
    (5) cause a scum, emulsion, sludge or solid to be deposited on the 
bottom.
    g. State water quality standards (18 AAC Part 70). Discharges shall 
not violate Alaska Water Quality Standards for floating or suspended 
residues, dissolved oxygen, oil and grease, fecal coliform, pH, 
temperature, color, turbidity, and total residual chlorine beyond the 
mixing zone. For the purposes of shore-based seafood processors, the 
mixing zone shall be measured as one hundred (100) feet radius from the 
point of discharge. Discharges shall not violate Alaska Water Quality 
Standards for settleable solid residues beyond a one (1) acre zone of 
deposit.
    h.Discharge pipe location. A permittee discharging to marine water 
shall discharge its wastewaters at a point at least ten (10) feet below 
the surface of the receiving water. A permittee discharging to fresh 
water shall discharge its wastewaters at least three (3) feet below the 
surface of the receiving water. An applicant may request a waiver to 
this condition by providing a description of the circumstances which 
make this condition onerous and unnecessary to the protection of State 
water quality standards.
    i. Monitoring. A permittee shall monitor its processing and 
discharges to the extent necessary to develop and submit a timely and 
accurate annual report and to detect and minimize occurrences of 
noncompliance.
2. Best Management Practices Requirements
    During the term of this Permit all permittees shall operate in 
accordance with a Best Management Practices (BMP) Plan as described in 
Part VI.A. below.
3. Annual Reporting Requirements
    During the term of this Permit all permittees shall prepare and 
submit an accurate and timely annual report of noncompliance, 
production, discharges and process changes as described in Part VI.B. 
below.
4. Seafloor Monitoring Requirements
    During the term of this Permit all permittees classified as shore-
based seafood processors and discharging to receiving waters of depths 
of less than twenty (20) fathoms at a fixed position for more than 
seven (7) days within a reporting year shall conduct a seafloor 
monitoring program as described in Part VI.C. below.
5. Sea Surface and Shoreline Monitoring Requirements
    During the term of this Permit all permittees classified as shore-
based seafood processors shall conduct a daily sea surface and daily 
shoreline monitoring program as described below in Part VI.D. below.

VI. Specific Waste Minimization and Monitoring Requirements

A. Best Management Practices Plan

1. Applicability
    During the term of this Permit all permittees shall operate in 
accordance with a Best Management Practices (BMP) Plan.
2. Implementation
    A permittee shall develop and implement a BMP Plan within 18 months 
of the date of that permittee's authorization to discharge under this 
Permit.
3. Purpose
    Through imp lementation of a BMP Plan a permittee shall prevent or 
minimize the generation and discharge of wastes and pollutants from the 
facility to the waters of the United States. Pollution should be 
prevented or reduced at the source or recycled in an environmentally 
safe manner whenever feasible. Disposal of wastes into the environment 
should be conducted in such a way as to have a minimal environmental 
impact.
4. Objectives
    A permittee shall develop its BMP Plan consistent with the 
following objectives.
    a. The number and quantity of wastes and pollutants shall be 
minimized by a permittee to the extent feasible by managing each 
effluent waste stream in the most appropriate manner.
    b. Any Standard Operating Procedures (SOPs) shall ensure proper 
operation and maintenance of the facility.
    c. Evaluations for the control of wastes and pollutants shall 
include the following.
    (1) Each facility component or system shall be examined for its 
waste minimization opportunities and its potential for causing a 
release of significant amounts of pollutants to receiving waters due to 
the failure or improper operation of equipment. The examination shall 
include all normal operations, including raw material and product 
storage areas, in-plant conveyance of product, processing and product 
handling areas, loading or unloading operations, spillage or leaks from 
the processing floor and dock, and sludge and waste disposal.
    (2) Equipment shall be examined for potential failure and any 
resulting overflow of wastes and pollutants to receiving waters. 
Provision should be made for emergency measures to be taken in such an 
event.
5. Requirements
    The BMP Plan shall be consistent with the purpose and objectives in 
Parts VI.B.3.-4. above.
    a. The BMP Plan shall be documented in narrative form, shall 
include any necessary plot plans, drawings or maps, and shall be 
developed in accordance with good engineering practices. The BMP Plan 
shall be organized and written with the following structure:
    (1) Name and location of the facility;
    (2) Statement of BMP policy;
    (3) Materials accounting of the inputs, processes and outputs of 
the facility;
    (4) Risk identification and assessment of pollutant discharges;
    (5) Specific management practices and standard operating procedures 
to achieve the above objectives, including, but not limited to,
    (a) the modification of equipment, facilities, technology, 
processes and procedures, and
    (b) the improvement in management, inventory control, materials 
handling or 

[[Page 34998]]
general operational phases of the facility;
    (6) Good housekeeping;
    (7) Preventative maintenance;
    (8) Inspections and records; and
    (9) Employee training.
    b. The BMP Plan shall include the following provisions concerning 
its review:
    (1) Be reviewed by the facility manager and appropriate staff; and
    (2) Include a statement that the above review has been completed 
and that the BMP Plan fulfills the requirements set forth in this 
Permit. The statement shall be certified by the dated signature of the 
facility manager.
Documentation
     A permittee shall submit to EPA written certification, signed by a 
principal officer or a duly appointed representative of the permittee, 
of the completion and implementation of its BMP Plan. A permittee shall 
maintain a copy of its BMP Plan at its facility and shall make the plan 
available to EPA or ADEC upon request. All offices of a permittee which 
are required to maintain a copy of this Permit shall also maintain a 
copy of the BMP Plan.
7. BMP Plan Modification
    A permittee shall amend the BMP Plan whenever there is a change in 
the facility or in the operation of the facility which materially 
increases the generation of pollutants and their release or potential 
release to the receiving waters. A permittee shall also amend the Plan, 
as appropriate, when facility operations covered by the BMP Plan 
change. Any such changes to the BMP Plan shall be consistent with the 
objectives and specific requirements listed above. All changes in the 
BMP Plan shall be reviewed by the facility manager.
8. Modification for Ineffectiveness
    At any time, if a BMP Plan proves to be ineffective in achieving 
the general objective of preventing and minimizing the generation of 
pollutants and their release and potential release to the receiving 
waters and/or the specific requirements above, this Permit and/or the 
BMP Plan shall be subject to modification to incorporate revised BMP 
requirements.

B. Annual Report

1. Applicability
    During the term of this Permit all permittees shall prepare and 
submit a complete, accurate and timely annual report of noncompliance, 
production, discharges and process changes to EPA and ADEC.
    In compliance with the Paperwork Reduction Act, 44 U.S.C. Sec. 3501 
et seq. the Office of Management and Budget has approved the 
information in an annual report for compliance assessment (OMB No. 
2040-0110).
2. Purpose and Objectives
    The annual report serves to inform the regulatory agencies of the 
use and potential degradation of public water resources by facilities 
discharging pollutants to these receiving waters under this Permit. The 
permittee shall provide the following information.
    (1) Verification of the permittee's NPDES permit number, facility 
owner, facility operator, name of the facility or vessel, mailing 
address, telephone number and facsimile number.
    a. A summary of periods of noncompliance with any of the 
requirements of this Permit between January 1st through December 31st 
of the previous year, the reasons for such noncompliance, the steps 
taken to correct the problem and prevent further occurrences.
    b. A summary of information of production and discharge during the 
previous year, including
    (1) Dates of operation by month,
    (2) Type and amount (lbs) of raw product per month,
    (3) Type and amount (lbs) of finished product per month,
    (4) Type and amount (lbs) of discharged residues per month, and
    (5) Location of discharge (name of receiving water(s)). If a 
floating processor operating and discharging within three miles of 
shore for a continuous 24-hour period or more, the name of the 
receiving water(s) and the latitude and longitude, the date and the 
depth of the discharge location(s).
    c. A statement of any changes to a permittee's Notice of Intent to 
be covered under this Permit (especially process changes, locations and 
production levels).
3. Signatory Requirements
    A permittee shall ensure that the annual report is signed by a 
principal officer or a duly appointed representative of the permittee.
4. Submittal
    A permittee shall submit its annual report by January 31st of the 
year following each year of operation and discharge under this Permit. 
A permittee shall submit its annual report to:

U.S. Environmental Protection Agency Region 10, NPDES Compliance (WD-
135), 1200 Sixth Avenue, Seattle, Washington 98101

    and, to the responsible ADEC office at

Alaska Department of Environmental Conservation, Southeastern Regional 
Office, 410 Willoughby Avenue, Suite 105, Juneau, Alaska 99801, 
Attention: Wastewater Program
Alaska Department of Environmental Conservation, Southcentral Regional 
Office, 3601 C Street, Suite 1334, Anchorage, Alaska 99503, Attention: 
Wastewater Program

or

Alaska Department of Environmental Conservation, Western District 
Office, Unalaska Field Office, P.O. Box 1071, Unalaska, Alaska 99692, 
Attention: Wastewater Program

Seafloor Monitoring Requirements

1. Applicability
    During the term of this Permit all permittees classified as shore-
based or nearshore seafood processors and discharging to receiving 
waters of depths of less than twenty (20) fathoms at a fixed position 
for more than seven (7) days shall conduct a seafloor monitoring 
program. A ``fixed position'' refers to a circular anchorage area of 
radius equal to one quarter (0.25) nautical mile.
2. Purpose
    A permittee shall conduct a seafloor monitoring program to 
determine compliance with the Alaska water quality standards for 
settleable residues in marine waters. Alaska Administrative Code Part 
18 Sec. 70.020 states that ``(settleable residues) shall not * * * 
cause a sludge, solid, or emulsion to be deposited * * * on the 
bottom.''
    ADEC has authorized a zone of deposit of up to a maximum area of 
one (1) acre for facilities permitted under this Permit in accordance 
with 18 AAC Sec. 70.033.
3. Objective
    The seafloor monitoring program shall determine the areal extent 
(in square feet) of the continuous deposit of sludge, solid or 
emulsion, any of which is one-half inch or thicker, on the bottom that 
persists throughout the year.
    a. Monitoring shall provide an accurate estimate of the area of the 
discharge waste pile of settleable residues which persists throughout 
the year. It is recommended that such persistence can be determined by 
surveying the waste pile generated during the previous year prior to 
the recommencement of discharge.
    b. Monitoring shall provide a determination of the outer boundary 
of the area of the discharge waste pile. It is recommended that such 
precision 

[[Page 34999]]
will require a visual, photographic or video assessment.
4. Schedule
    A permittee shall develop and implement a monitoring program to 
survey the area of its discharge waste pile during the first full year 
of coverage of its facility under this Permit.

Tiered Monitoring

    The monitoring program shall be tiered in levels of increasing 
complexity which are determined by the area of the discharge waste pile 
as assessed in previous seafloor monitoring surveys.
    Tier one survey. A permittee shall develop and implement a 
monitoring program to survey the area of its discharge waste pile 
during the first full year of the facility's coverage under this 
Permit. If a permittee has relocated its discharge pipe during the 
preceding year of operation and discharge, has added a new production 
line, or has increased production over the production of the year of 
the previous seafloor monitoring survey by more than 25%, then a 
permittee shall develop and implement a monitoring program to survey 
the area of its discharge waste pile during the current year of the 
facility's coverage under this Permit.
    a. The tier one bottom survey shall be conducted along two 
transects. The principal transect shall be oriented along the maximum 
horizontal dimension of the waste pile (``the length''). The second 
transect (``the width'') shall be perpendicular to the principal 
transect, and shall cross it at the point where the waste pile is 
widest in that direction. The survey shall record and report the 
measurements of the distances of each transect under which any 
continuous part of the waste pile occurs.

BILLING CODE 6560-50-P

[GRAPHIC][TIFF OMITTED]TN05JY95.005

BILLING CODE 6560-50-C
    b. Tier two survey. If a permittee has concluded from its seafloor 
monitoring survey of the last previous year of operation and discharge 
that its waste pile is greater than one half of an acre in size (21,780 
sq. ft.) and less than three quarters of an acre in size (32,670 sq. 
ft.), then a permittee shall develop and implement a monitoring program 
to survey the area of its discharge waste pile during the current year 
of its facility's coverage under this Permit.
    The tier two bottom survey shall be conducted along four transects. 
The principal transect shall be oriented along the maximum horizontal 
dimension of the waste pile (``the length''). The second transect 
(``the width'') shall be perpendicular to the principal transect, and 
shall cross it at the point where the waste pile is widest in that 
direction. The remaining two transects shall pass through the point 
where the first two transects intersect, and shall be at 45 degree 
angles to the first two transects. The survey shall record and report 
the measurements of the distances of each transect under which any 
continuous part of the waste pile occurs.

BILLING CODE 6560-50-p

[[Page 35000]]
[GRAPHIC][TIFF OMITTED]TN05JY95.006



BILLING CODE 6560-50-C
    C. Tier three survey. If a permittee has determined in its seafloor 
monitoring program of the last previous year of operation and discharge 
that its waste pile is equal to or greater than three quarters of an 
acre in size (32,670 sq. ft.), then a permittee shall develop and 
implement a monitoring program to survey the area of its discharge 
waste pile during the current year of its facility's coverage under 
this Permit.
    The tier three bottom survey shall be conducted along four 
transects. The principal transect shall be oriented along the maximum 
horizontal dimension of the waste pile (``the length''). The second 
transect (``the width'') shall be perpendicular to the principal 
transect, and shall cross it at the point where the waste pile is 
widest in that direction. The remaining two transects shall pass 
through the point where the first two transects intersect, and shall be 
at 45 degree angles to the first two transects. The survey shall 
include measurements of the distances from the point where the 
transects intersect to the edge of the waste pile at each end of each 
transect. The survey shall also include measurements of the thickness 
of the waste pile at the point where the transects intersect, and at 
the eight points that are half way between the intersection point and 
the edge of the waste pile at each end of each transect.

BILLING CODE 6560-50-P

[[Page 35001]]
[GRAPHIC][TIFF OMITTED]TN05JY95.007



BILLING CODE 6560-50-C
6. Monitoring Report
    A permittee shall submit a brief report of the seafloor monitoring 
survey which describes the methods and results of the survey. The 
description of the methods shall include at least the name, address and 
phone number of the surveyor, the date of the survey and the 
observational method and equipment used in the survey. The description 
of the results shall include at least the required dimensions and 
estimated area of the waste pile and a map of the configuration of the 
waste pile in relation to the discharge pipe and the bathymetry of the 
seafloor.
    The area of the wastepile may be calculated by treating it as the 
sum of the areas of two parabolas which are joined at a common base 
(the ``width'') and which have heights that together equal the 
``length'' of the waste pile. An approximation of the area of the waste 
pile is provided by the equation.

Area = (width*length) * (2/3)

    A permittee shall submit a report of the monitoring program to EPA 
and ADEC on or before January 31st of the year following the survey. It 
is recommended that this report be submitted with the Annual Report.
7. Signatory Requirements
    A permittee shall ensure that the monitoring report is signed by a 
principal officer or a duly appointed representative of the permittee.
Modification of Monitoring Program
    The monitoring program may be modified if EPA and ADEC determine 
that it is appropriate. A modification may be requested by a permittee. 
The modified program may include changes in survey (1) stations, (2) 
times, (3) parameters or (4) methods.
Request for a Waiver
    A permittee may request a waiver of the seafloor monitoring 
requirements. A request for a waiver must provide a detailed 
description of the circumstances supporting a waiver of monitoring and 
a demonstration that the discharge meets the Alaska water quality 
standard for settleable solid residues.
Requirement to Apply for an Individual Permit
    EPA, in consultation with ADEC, may require a permittee to apply 
for an individual NPDES permit if the seafloor monitoring program 
indicates a probable violation of the Alaska water quality standards 
for settleable residues in marine waters.

D. Sea Surface and Shoreline Monitoring Requirements
1. Applicability
    During the term of this Permit all permittees classified as shore-
based or nearshore seafood processors and discharging within one (1) 
nautical mile of shore at MLLW shall conduct a sea surface and 
shoreline monitoring program.
2. Purpose
    A permittee shall conduct a sea surface and shoreline monitoring 
program to determine compliance with the Alaska water quality standards 
for floating residues in marine waters. Alaska Administrative Code Part 
18 Sec. 70.020 states that

``(floating solids, debris, foam and scum) shall not * * * cause a 
film, sheen, or discoloration on the surface of the water * * * or 
cause a sludge, solid, or emulsion to be deposited * * * upon 
adjoining shorelines.''
3. Objectives
    The sea surface and shoreline monitoring program will provide 
periodic assessments as defined in the above categories of operation 
during periods of operation and discharge. The monitoring of the sea 
surface shall record the incidence of occurrence and estimate the areal 
extent of contiguous films, sheens, or mats of foam within a three 
hundred (300) foot radius of the end of the outfall(s) and, in the case 
of shore-based facilities, within a one hundred foot distance of the 
seaward physical boundary of the facility (e.g., docks and piers). The 
monitoring of the shoreline shall record the total number of days for 
which observations were made and the incidence of occurrence and 
estimated areal extent of deposits of 

[[Page 35002]]
seafood waste sludge, solids, or emulsions upon the adjacent 
shorelines.
    a. Monitoring shall provide an accurate identification of the 
occurrence of these pollutants on the surface of the water or upon the 
shoreline.
    b. Monitoring shall estimate the area(s) of occurrence of these 
pollutants with a precision of 25%.
4. Schedule
    A permittee shall conduct a sea surface and shoreline monitoring 
program during each year of coverage under the permit.
5. Monitoring Report
    A permittee shall submit a brief report of the monitoring survey 
which describes the methods and results of the survey. The description 
of the methods shall include at least the name, address and phone 
number of the surveyor(s), the observational method and equipment used 
in the survey, and the point(s) of observation. The report of positive 
observations shall include the date and time of observation, an 
estimate of the area of scum, sheen, film or foam on the sea surface, 
and/or the area of sludge, solids, emulsion or scum deposited on the 
shoreline.
    A permittee shall submit the report to EPA and ADEC on or before 
January 31st of the year following the survey. It is recommended that 
this report be submitted with the annual report of production and 
effluent monitoring.
6. Signatory Requirements
    A permittee shall ensure that the monitoring report is signed by a 
principal officer or a duly appointed representative of the permittee.
7. Modification of Monitoring Program
    The monitoring program may be modified if EPA and ADEC determine 
that it is appropriate. A modification may be requested by a permittee. 
The modified program may include changes in survey (1) stations, (2) 
times or (3) parameters.
8. Request for a Waiver
    A permittee may request a waiver of the sea surface and shoreline 
monitoring requirements. A request for a waiver must provide a detailed 
description of the circumstances supporting a waiver of monitoring and 
a demonstration that the discharge meets the Alaska water quality 
standard for residues. Individual monitoring days may be waived due to 
conditions (e.g., weather or sea state) which make this monitoring 
hazardous to human health and safety.
9. Requirement to Apply for an Individual Permit
    EPA, in consultation with ADEC, may require a permittee to apply 
for an individual NPDES permit if the sea surface and shoreline 
monitoring program indicates a probable violation of the Alaska water 
quality standards for residues in marine waters.

VII. Recording and Reporting Requirements

A. Records Contents

    All effluent monitoring records shall bear the hand-written 
signature of the person who prepared them. In addition, all records of 
monitoring information shall include:
    1. the date, exact place, and time of sampling or measurements;
    2. the names of the individual(s) who performed the sampling or 
measurements;
    3. the date(s) analyses were performed;
    4. the names of the individual(s) who performed the analyses;
    5. the analytical techniques or methods used; and
    6. the results of such analyses.

B. Retention of Records

    A permittee shall retain records of all monitoring information, 
including but not limited to, all calibration and maintenance records, 
copies of all reports required by this Permit, a copy of the NPDES 
Permit, and records of all data used to complete the application for 
this Permit, for a period of at least five years from the date of the 
sample, measurement, report or application, or for the term of this 
Permit, whichever is longer. This period may be extended by request of 
the Director or ADEC at any time.

C. Twenty-four Hour Notice of Noncompliance Reporting

    A permittee shall report the following occurrences of noncompliance 
by telephone (206-553-1846) within 24 hours from the time a permittee 
becomes aware of the circumstances:
    a. any discharge(s) to the receiving waters not authorized for 
coverage under this Permit including, but not limited to, waters 
described in Part III above or listed in Appendix I below;
    b. any noncompliance that may endanger health or the environment;
    c. any unanticipated bypass that results in or contributes to an 
exceedance of any effluent limitation in this Permit;
    d. any upset that results in or contributes to an exceedance of any 
effluent limitation in this Permit; or
    e. any violation of a maximum daily discharge limitation for any of 
the pollutants listed in this Permit.
    2. A permittee shall also provide a written submission within five 
days of the time that a permittee becomes aware of any event required 
to be reported under subpart 1 above. The written submission shall 
contain:
    a. a description of the noncompliance and its cause;
    b. the period of noncompliance, including exact dates and times;
    c. the estimated time noncompliance is expected to continue if it 
has not been corrected; and
    d. steps taken or planned to reduce, eliminate, and prevent 
reoccurrence of the noncompliance.
    3. The Director may, at his sole discretion, waive the written 
report on a case-by-case basis if the oral report has been received 
within 24 hours by the NPDES Compliance in Seattle, Washington, by 
telephone, (206) 553-1846.
    4. Reports shall be submitted to the addresses in Part VI.B. of 
this Permit.

D. Other Noncompliance Reporting

    A permittee shall report all instances of noncompliance, not 
required to be reported within 24 hours, with the annual report.

VIII. Compliance Responsibilities

A. Duty to Comply

    A permittee shall comply with all conditions of this Permit. Any 
permit noncompliance constitutes a violation of the Act and is grounds 
for enforcement action, for permit termination, revocation and 
reissuance, or modification, or for denial of a permit renewal 
application. A permittee shall give reasonable advance notice to the 
Director and ADEC of any planned changes in the permitted facility or 
activity that may result in noncompliance with permit requirements.

B. Penalties for Violations of Permit Conditions

1. Civil and Administrative Penalties
    Sections 309(d) and 309(g) of the Act provide that any person who 
violates a permit condition implementing CWA Sec. 301, 302, 306, 307, 
308, 318, or 405 shall be subject to a civil or administrative penalty, 
not to exceed $25,000 per day for each violation.
2. Criminal Penalties
    a. Negligent violations. Section 309(c)(1) of the Act provides that 
any person who negligently violates a permit condition implementing CWA 


[[Page 35003]]
Sec. 301, 302, 306, 307, 308, 318, or 405 shall be punished by a fine 
of not less than $2,500 nor more than $25,000 per day of violation, or 
by imprisonment for not more than 1 year, or by both.
    b. Knowing violations. Section 309(c)(2) of the Act provides that 
any person who knowingly violates a permit condition implementing CWA 
Sec. 301, 302, 306, 307, 308, 318, or 405 shall be punished by a fine 
of not less than $5,000 nor more than $50,000 per day of violation, or 
by imprisonment for not more than 3 years, or by both.
    c. Knowing endangerment. Section 309(c)(3) of the Act provides that 
any person who knowingly violates a permit condition implementing CWA 
Sec. 301, 302, 303, 306, 307, 308, 318, or 405, and who knows at that 
time that he thereby places another person in imminent danger of death 
or serious bodily injury, shall, upon conviction, be subject to a fine 
of not more than $250,000 or imprisonment of not more than 15 years, or 
both. A person that is an organization shall be subject to a fine of 
not more than $1,000,000.
    d. False statements. Section 309(c)(4) of the Act provides that any 
person who knowingly makes any false material statement, 
representation, or certification in any application, record, report, 
plan, or other document filed or required to be maintained under this 
Act or who knowingly falsifies, tampers with, or renders inaccurate any 
monitoring device or method required to be maintained under this Act, 
shall be punished by a fine of not more than $10,000, or by 
imprisonment for not more than 2 years, or by both.
    Except as provided in Permit conditions in Part VIII.F. (``Bypass 
of Treatment Facilities'') and Part VIII.G., (``Upset Conditions''), 
nothing in this Permit shall be construed to relieve a permittee of the 
civil or criminal penalties for noncompliance.

C. Need to Halt or Reduce Activity Not a Defense

    It shall not be a defense for a permittee in an enforcement action 
that it would have been necessary to halt or reduce the permitted 
activity in order to maintain compliance with the conditions of this 
Permit.

D. Duty to Mitigate

    A permittee shall take all reasonable steps to minimize or prevent 
any discharge in violation of this Permit that has a reasonable 
likelihood of adversely affecting human health or the environment.

E. Proper Operation and Maintenance

    A permittee shall at all times properly operate and maintain all 
facilities and systems of treatment and control (and related 
appurtenances) that are installed or used by a permittee to achieve 
compliance with the conditions of this Permit. Proper operation and 
maintenance also includes adequate laboratory controls and appropriate 
quality assurance procedures. This provision requires the operation of 
back-up or auxiliary facilities or similar systems only when the 
operation is necessary to achieve compliance with the conditions of 
this Permit.
F. Bypass of Treatment Facilities

1. Bypass not Exceeding Limitations
    A permittee may allow any bypass to occur that does not cause 
effluent limitations to be exceeded, but only if it also is for 
essential maintenance to assure efficient operation. These bypasses are 
not subject to the provisions of paragraphs 2 and 3 of this Part.
2. Notice
    a. Anticipated bypass. If a permittee knows in advance of the need 
for a bypass, it shall submit prior notice, if possible at least 10 
days before the date of the bypass.
    b. Unanticipated bypass. A permittee shall submit notice of an 
unanticipated bypass as required under Part VII.F. (``Twenty-four hour 
notice of noncompliance reporting'').
3. Prohibition of Bypass
    a. Bypass is prohibited, and the Director or ADEC may take 
enforcement action against a permittee for a bypass, unless:
    (1) The bypass was unavoidable to prevent loss of life, personal 
injury, or severe property damage;
    (2) There were no feasible alternatives to the bypass, such as the 
use of auxiliary treatment facilities, retention of untreated wastes, 
or maintenance during normal periods of equipment downtime. This 
condition is not satisfied if adequate back-up equipment shall have 
been installed in the exercise of reasonable engineering judgment to 
prevent a bypass that occurred during normal periods of equipment 
downtime or preventive maintenance; and
    (3) A permittee submitted notices as required under paragraph 2 of 
this Part.
    b. The Director and ADEC may approve an anticipated bypass, after 
considering its adverse effects, if the Director and ADEC determine 
that it will meet the three conditions listed above in paragraph 3.a. 
of this Part.

G. Upset Conditions

1. Effect of an Upset
    An upset constitutes an affirmative defense to an action brought 
for noncompliance with such technology-based permit effluent 
limitations if a permittee meets the requirements of paragraph 2 of 
this Part. No determination made during administrative review of claims 
that noncompliance was caused by upset, and before an action for 
noncompliance, is final administrative action subject to judicial 
review.
2. Conditions Necessary for a Demonstration of Upset
    To establish the affirmative defense of upset, a permittee shall 
demonstrate, through properly signed, contemporaneous operating logs, 
or other relevant evidence that:
    a. An upset occurred and that a permittee can identify the cause(s) 
of the upset;
    b. The permitted facility was at the time being properly operated;
    c. A permittee submitted notice of the upset as required under Part 
VII.F. (``Twenty-four hour notice of noncompliance reporting) and
    d. A permittee complied with any remedial measures required under 
Part VIII.D. (``Duty to Mitigate'').
3. Burden of Proof
    In any enforcement proceeding, a permittee seeking to establish the 
occurrence of an upset has the burden of proof.

H. Planned Changes

    A permittee shall give notice to the Director and ADEC as soon as 
possible of any planned physical alterations or additions to the 
permitted facility whenever:
    1. The alteration or addition to a permitted facility may meet one 
of the criteria for determining whether a facility is a new source as 
determined in 40 CFR Sec. 122.29(b); or
    2. The alteration or addition could significantly change the nature 
or increase the quantity of pollutants discharged. This notification 
applies to pollutants that are not subject to effluent limitations in 
this Permit.
    A permittee shall give notice to the Director and ADEC as soon as 
possible of any planned changes in process or chemical use whenever 
such change could significantly change the nature or increase the 
quantity of pollutants discharged.

I. Anticipated Noncompliance

    A permittee shall also give advance notice to the Director and ADEC 
of any 

[[Page 35004]]
planned changes in the permitted facility or activity that may result 
in noncompliance with this Permit.

IX. General Provisions
A. Permit Actions

    This Permit may be modified, revoked and reissued, or terminated 
for cause. The filing of a request by a permittee for a permit 
modification, revocation and reissuance, or termination, or a 
notification of planned changes or anticipated noncompliance, does not 
stay any permit condition.

B. Duty to Reapply

    If a permittee intends to continue an activity regulated by this 
Permit after the expiration date of this Permit, a permittee must apply 
for and obtain a new permit. The application shall be submitted at 
least 60 days before the expiration date of this Permit.

C. Duty to Provide Information

    A permittee shall furnish to the Director and ADEC, within the time 
specified in the request, any information that the Director or ADEC may 
request to determine whether cause exists for modifying, revoking and 
reissuing, or terminating this Permit, or to determine compliance with 
this Permit. A permittee shall also furnish to the Director or ADEC, 
upon request, copies of records required to be kept by this Permit.

D. Incorrect Information and Omissions

    When a permittee becomes aware that it failed to submit any 
relevant facts in a permit application, or that it submitted incorrect 
information in a permit application or any report to the Director or 
ADEC, it shall promptly submit the omitted facts or corrected 
information.

E. Signatory Requirements

    All applications, reports or information submitted to the Director 
and ADEC shall be signed and certified.
    1. All permit applications shall be signed as follows:
    a. For a corporation: by a principal corporate officer.
    b. For a partnership or sole proprietorship: by a general partner 
or the proprietor, respectively.
    c. For a municipality, state, federal, or other public agency: by 
either a principal executive officer or ranking elected official.
    2. All reports required by this Permit and other information 
requested by the Director or ADEC shall be signed by a person described 
above or by a duly authorized representative of that person. A person 
is a duly authorized representative only if:
    a. The authorization is made in writing by a person described above 
and submitted to the Director and ADEC, and
    b. The authorization specifies either an individual or a position 
having responsibility for the overall operation of the regulated 
facility or activity, such as the position of plant manager, 
superintendent, position of equivalent responsibility, or an individual 
or position having overall responsibility for environmental matters for 
the company. (A duly authorized representative may thus be either a 
named individual or any individual occupying a named position.)
    3. Changes to authorization. If an authorization under subpart 2 
above is no longer accurate because a different individual or position 
has responsibility for the overall operation of the facility, a new 
authorization satisfying the requirements of subpart 2 must be 
submitted to EPA and ADEC prior to or together with any reports, 
information, or applications to be signed by an authorized 
representative.
    4. Certification. Any person signing a document under this Part 
shall make the following certification:

    I certify under penalty of law that this document and all 
attachments were prepared under my direction or supervision in 
accordance with a system designed to assure that qualified personnel 
properly gather and evaluate the information submitted. Based on my 
inquiry of the person or persons who manage the system, or those 
persons directly responsible for gathering the information, the 
information submitted is, to the best of my knowledge and belief, 
true, accurate, and complete. I am aware that there are significant 
penalties for submitting false information, including the 
possibility of fine and imprisonment for knowing violations.

F. Availability of Reports

    Except for data determined to be confidential under 40 CFR Sec. 2, 
all reports prepared in accordance with this Permit shall be available 
for public inspection at the offices of the state water pollution 
control agency and the Director and ADEC. As required by the Act, 
permit applications, permits and effluent data shall not be considered 
confidential.

G. Inspection and Entry

    A permittee shall allow the Director, ADEC, or an authorized 
representative (including an authorized contractor acting as a 
representative of the Administrator), upon the presentation of 
credentials and other documents as may be required by law, to:
    1. Enter upon a permittee's premises where a regulated facility or 
activity is located or conducted, or where records must be kept under 
the conditions of this Permit;
    2. Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of this Permit;
    3. Inspect at reasonable times any facilities, equipment (including 
monitoring and control equipment), practices, or operations regulated 
or required under this Permit; and
    4. Sample or monitor at reasonable times, for the purpose of 
assuring permit compliance or as otherwise authorized by the Act, any 
substances or parameters at any location.

H. Oil and Hazardous Substance Liability

    Nothing in this Permit shall be construed to preclude the 
institution of any legal action or relieve a permittee from any 
responsibilities, liabilities, or penalties to which a permittee is or 
may be subject under Section 311 of the Act.

I. Property Rights

    The issuance of this Permit does not convey any property rights of 
any sort, or any exclusive privileges, nor does it authorize any injury 
to private property or any invasion of personal rights, nor any 
infringement of federal, state or local laws or regulations.
J. Severability

    The provisions of this Permit are severable. If any provision of 
this Permit, or the application of any provision of this Permit to any 
circumstance, is held invalid, the application of such provision to 
other circumstances, and the remainder of this Permit, shall not be 
affected thereby.

K. Transfers

    This Permit may be automatically transferred to a new permittee if:
    1. The current permittee notifies the Director at least 60 days in 
advance of the proposed transfer date;
    2. The notice includes a written agreement between the existing and 
new permittees containing a specific date for transfer of permit 
responsibility, coverage, and liability between them; and
    3. The Director does not notify the existing permittee and the 
proposed new permittee of his or her intent to modify, or revoke and 
reissue the permit.
    If the notice described in subpart 3 above is not received, the 
transfer is effective on the date specified in the 

[[Page 35005]]
agreement mentioned in subpart 2 above.

State Laws

    Nothing in this Permit shall be construed to preclude the 
institution of any legal action or relieve a permittee from any 
responsibilities, liabilities, or penalties established pursuant to any 
applicable state law or regulation under authority preserved by Section 
510 of the Act.

M. Reopener Clause

    1. This Permit shall be modified, or alternatively, revoked and 
reissued, to comply with any applicable effluent standard or limitation 
issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2), and 
307(a)(2) of the Act, as amended, if the effluent standard, limitation, 
or requirement so issued or approved:
    a. Contains different conditions or is otherwise more stringent 
than any condition in this Permit; or
    b. Controls any pollutant or disposal method not addressed in this 
Permit.
    This Permit as modified or reissued under this paragraph shall also 
contain any other requirements of the Act then applicable.
    2. This Permit may be reopened to adjust any effluent limitations 
if future water quality studies, waste load allocation determinations, 
or changes in water quality standards show the need for different 
requirements.

X. Definitions and Acronyms

    AAC means Alaska Administrative Code.
    ADEC means Alaska Department of Environmental Conservation.
    ADFG means Alaska Department of Fish and Game.
    BMP means best management practices.
    Bypass means the intentional diversion of waste streams from any 
portion of a treatment facility (see Part IV.G.).
    CFR means the Code of Federal Regulations.
    Cooling water means once-through non-contact cooling water.
    CWA means the Clean Water Act.
    Daily discharge means the discharge of a pollutant measured during 
a calendar day or any 24-hour period that reasonably represents the 
calendar day for purposes of sampling. For pollutants with limitations 
expressed in units of mass, the daily discharge is calculated as the 
total mass of the pollutant discharged over the day. For pollutants 
with limitations expressed in other units of measurement, the daily 
discharge is calculated as the average measurement of the pollutant 
over the day.
    Discharge of a pollutant means any addition of any pollutant or 
combination of pollutants to waters of the United States from any point 
source.
    Domestic wastes means materials discharged from showers, sinks, 
safety showers, eye-wash stations, hand-wash stations, fish-cleaning 
stations, galleys, and laundries.
    EPA means the United States Environmental Protection Agency.
    Excluded area means an area not authorized as a receiving water 
covered under this general NPDES permit, as described in Part III.A-D. 
above and Appendix I below.
    Fixed position means to a circular anchorage area of radius equal 
to one quarter (0.25) nautical mile.
    Garbage means all kinds of victual, domestic, and operational 
waste, excluding fresh fish and part thereof, generated during the 
normal operation and liable to be disposed of continuously or 
periodically except dishwater, graywater, and those substances that are 
defined or listed in other Annexes to MARPOL 73/78.
    Graywater means galley, bath and shower wastewater.
    Marine sanitation device includes any equipment for installation on 
board a vessel which is designed to receive, retain, treat, or 
discharge sewage, or any process to treat such sewage.
    Maximum means the highest measured discharge or pollutant in a 
wastestream during the time period of interest.
    MLLW means mean lower low water.
    mg/l means milligrams per liter.
    Mixing zone means the area adjacent to a discharge or activity in 
the water where a receiving water may not meet all the water quality 
standards; wastes and water are given an area to mix so that the water 
quality standards are met at the mixing zone boundaries.
    Monthly average means the average of daily discharges over a 
monitoring month, calculated as the sum of all daily discharges 
measured during a monitoring month divided by the number of daily 
discharges measured during that month.
    MSD means marine sanitation device.
    NMFS means United States National Marine Fisheries Service.
    NOI means a ``Notice of Intent,'' that is, an application, to be 
authorized to discharge under a general NPDES permit.
    Pollutant means dredged spoil, solid waste, incinerator residue, 
filter backwash, sewage, garbage, sewage sludge, munitions, chemical 
wastes, biological materials, radioactive materials, heat, wrecked or 
discarded equipment, rock, sand, cellar dirt and industrial, municipal, 
and agricultural waste discharged into water.
    Sanitary wastes means human body waste discharged from toilets and 
urinals.
    Seafood means the raw material, including freshwater and saltwater 
fish and shellfish, to be processed, in the form in which it is 
received at the processing plant.
    Seafood process waste means the waste fluids, organs, flesh, bones, 
woody fiber and chitinous shells produced in the conversion of aquatic 
animals and plants from a raw form to a marketable form.
    Severe property damage means substantial physical damage to 
property, damage to the treatment facilities which causes them to 
become inoperable, or substantial and permanent loss of natural 
resources which can reasonably be expected to occur in the absence of a 
bypass. Severe property damage does not mean economic loss caused by 
delays in production.
    Sewage means human body wastes and the wastes from toilets and 
other receptacles intended to receive or retain body wastes.
    Upset means an exceptional incident in which there is unintentional 
and temporary noncompliance with technology-based permit effluent 
limitations because of factors beyond the reasonable control of the 
permittee. An upset does not include noncompliance to the extent caused 
by operational error, improperly designed treatment facilities, 
inadequate treatment facilities, lack of preventive maintenance, or 
careless or improper operation (see Part IV.H.).
    U.S.C. means United States Code.
    USFWS means United States Fish and Wildlife Service.
    Water depth means the depth of the water between the surface and 
the seafloor as measured at mean lower low water (0.0).
    Zone of deposit (ZOD) means an area of the bottom in marine or 
estuarine waters in which the Alaska Department of Environmental 
Conservation has authorized the deposit of substances in exceedence of 
the water quality criteria of 18 AAC 70.020(b) and the antidegradation 
requirement of 18 AAC 70.0101(c).

                                                                        

[[Page 35006]]
   Appendix--Categorical Listing of Areas Excluded From Coverage Under  
                             General Permit                             
------------------------------------------------------------------------
    Excluded area         Receiving waters              Location        
------------------------------------------------------------------------
STATE GAME REFUGES:                                                     
  (SGR; see Figure                                                      
   1)                                                                   
                                                                        
Anchorage Coastal     ........................  Knik Arm, Turnagain Arm.
 SGR                                                                    
                      City of Anchorage.......  ........................
                      N Cook Inlet............  ........................
Cape Newenham SGR...  Chagvan Bay; S Kuskokwin  South of the City of    
                       Bay.                      Good News.             
Creamer's Field SGR.  Isabella River wetlands.  City of Fairbanks.      
Goose Bay SGR.......  Goose Bay, Knik Arm; N    North of the City of    
                       Cook Inlet.               Anchorage.             
Izembek SGR.........  Isembek Lagoon; SE        NW terminus of the      
                       Bristol Bay.              Alaska Peninsula.      
McNeil River SGR....  Paint River and Kamishak  SE base of the Alaska   
                       Bay.                      Peninsula              
Mendenhall Wetlands   ........................  NW Gastineau Channel.   
 SGR.                                                                   
 City of Juneau       ........................                          
Minto Flats SGR.....  Tanana River wetlands...  West of the City of     
                                                 Fairbanks.             
Palmer Hay Flats SGR  Knik Arm; N Cook Inlet..  NE of the City of       
                                                 Anchorage.             
Susitna Flats SGR...  N Cook Inlet............  West of the City of     
                                                 Anchorage.             
Trading Bay SGR.....  Gompertz Channel,         SW of the City of       
                       Trading Bay.              Anchorage.             
Yakataga SGR........  Tsiu River delta; N Gulf  West of Cape Yakataga.  
                       of Alaska.                                       
                                                                        
STATE CRITICAL                                                          
 HABITAT AREAS                                                          
  (SCHA; see Figure                                                     
   1)                                                                   
                                                                        
Anchor River-Fritz    East of the City of       Anchor River and Fritz  
 Creek SCHA.           Anchor Point.             Creek.                 
Chilkat River SCHA..  Chilkat River...........  North of the City of    
                                                 Haines.                
Cinder River SCHA...  Cinder River Delta, E     SW of the City of Pilot 
                       Bristol Bay.              Point.                 
Clam Gulch SCHA.....  Cook Inlet..............  South of the City of    
                                                 Kasilof.               
Copper River Delta    ........................  Copper River delta; N   
 SCHA.                                           Gulf of Alaska.        
                      SE of the City of                                 
                       Cordova..                                        
Dude Creek SCHA.....  Dude Creek, Icy Passage.  West of the City of     
                                                 Gustavus.              
Egegik SCHA.........  Egegik Bay and E Bristol  West of the City of     
                       Bay.                      Egegik.                
Fox River Flats SCHA  Fox River Delta,          NE of the City of Homer.
                       Kachemak Bay.                                    
Kachemak Bay SCHA...  Kachemak Bay............  Adjacent to the City of 
                                                 Homer.                 
Kalgin Island SCHA..  Swamp Creek wetlands;     SW Kalgin Is.           
                       Cook Inlet.                                      
Pilot Point SCHA....  Ugashik Bay and E         West of the City of     
                       Bristol Bay.              Pilot Point.           
Port Heiden SCHA....  Port Heiden and E         North-central Alaska    
                       Bristol Bay.              Peninsula.             
Port Moller SCHA....  Port Moller and Nelson    City of Port Moller.    
                       Lagoon.                                          
Redoubt Bay SCHA....  Big River wetlands,       West of the City of     
                       Redoubt Bay; Cook Inlet.  Nikiski.               
Tugidak Island SCHA.  NW Gulf of Alaska.......  Trinity Islands, SW of  
                                                 Kodiak Is.             
Willow Mountain SCHA  Willow Creek tributaries  NW of the City of       
                                                 Palmer.                
                                                                        
STATE GAME                                                              
 SANCTUARIES:                                                           
  (SGA; see Figure                                                      
   1)                                                                   
McNeil River SGS....  Kamishak Bay; NW Cook     SE base of the Alaska   
                       Inlet.                    Peninsula.             
Stan Price SGS......  Windfall Harbor; Seymour  E Admiralty Is., SE     
                       Canal.                    Alaska.                
Walrus Islands SGS..  Togiak Bay; N Bristol     Walrus Is. (a.k.a. Round
                       Bay.                      Is.), Crooked Is., High
                                                 Is., Summit Is., Black 
                                                 Rock the Twins.        
                                                                        
NATIONAL PARKS,       National monument.......  Rivers and coastal      
 PRESERVES AND                                   waters of Admiralty.   
 MONUMENTS:                                                             
 Admiralty Island                                                       
 Nat'l Island, SE                                                       
 Alaska Monument                                                        
Aniakchak Nat'l       ........................  Aniakchak Bay, Amber    
 Monument, Alaska                                Bay, South central.    
 Peninsula and                                                          
 Preserve.                                                              
Glacier Bay Nat'l     Dixon Harbor, Palma Bay,  Glacier Bay, Cross      
 Park Archipelago,     Lituya Bay; N Gulf of     Sound, North Alexander,
 and Preserve.         Alaska.                   SE Alaska.             
Katmai Nat'l Park     Katmai Bay, Kinak Bay,    S base of Alaska        
 and Preserve.         Kukak Bay, Hallow Bay,    Peninsula.             
                       Kamishak Bay.                                    
Kenai Fjords Nat'l    Nuka Bay, Two Arm Bay...  S Kenai Peninsula.      
 Preserve.                                                              
Lake Clark Nat'l      N coast of Cook Inlet...  Chiratna Bay, Tuxedni   
 Park and Preserve.                              Bay.                   
Misty Fiords Nat'l    ........................  Tongass Nat'l Forest, SE
 Monument.                                       Alaska.                
Wrangell-St. Elias    NW of the City of         N Icy Bay, W Yakutat    
 Nat'l Park and        Yakutat, N Gulf of        Bay.                   
 Preserve.             Alaska.                                          
NATIONAL WILDLIFE                                                       
 REFUGES:                                                               
  (NWR)                                                                 
                                                                        
Alaska Maritime NWR.  Bering Sea, N Gulf of     Aleutian Islands and    
                       Alaska.                   Pribilof Islands.      
Alaska Peninsula NWR  S Port Moller and S       Alaska Peninsula.       
                       Herendeen Bay and the                            
                       coastal waters from NE                           
                       Cold Bay to Alinchak                             
                       Bay.                                             

[[Page 35007]]
                                                                        
Izembek NWR.........  Cold Bay, Izembek Lagoon  SW terminus of Alaska   
                                                 Peninsula.             
Kenai NWR...........  S Turnagain Arm; N Cook   Kenai Peninsula.        
                       Inlet.                                           
Kodiak NWR..........  Kiliuda Bay, Sitkalidak   Kodiak Is., Afognak Is. 
                       Strait, Alitak Bay,       and Trinity Islands.   
                       Sitkinak Strait, Olga                            
                       Bay, Uyak Bay, Uganik                            
                       Bay; Ban Bay; W Gulf of                          
                       Alaska.                                          
Togiak NWR..........  Jacksmith Bay, Goodnews   Surrounding the City of 
                       Bay, Chagvan Bay,         Togiak                 
                       Hagemeister Strait,                              
                       Togiak Bay, Kulukak                              
                       Bay, Nushagak Bay; N                             
                       Bristol Bay.                                     
Yukon Delta NWR.....  Scammon Bay, Kokechik     Yukon River delta,      
                       Bay, Hooper Bay, Hazen    Kuskokwin River delta, 
                       Bay, Baird Inlet; E       Nunivak Is.            
                       Bering Sea.                                      
NATIONAL WILDERNESS                                                     
 AREAS:                                                                 
  (NWA; see Figure                                                      
   2)                                                                   
Chuck River NWA.....  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
Coronation Island     Rivers and coastal        Tongass Nat'l Forest, SE
 NWA.                  waters of NWA.            Alaska.                
Endicott River NWA..  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
Karta NWA...........  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
Kootznoowoo NWA.....  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
Kuiu NWA............  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
Maurelle Islands NWA  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
Misty Fiords NWA....  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
Petersburg Creek NWA  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
Pleasant Islands NWA  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
Russell Fiord NWA...  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
South Baranof NWA...  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
South Etolin NWA....  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
South Prince of       ........................  Rivers and coastal      
 Wales NWA.                                      waters of NWA Tongass. 
Stikine-LeConte NWA.  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
Tebenkof Bay NWA....  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
Tracy Arm-Fords       Rivers and coastal        Tongass Nat'l Forest, SE
 Terror NWA.           waters of NWA.            Alaska.                
Warren Island NWA...  Rivers and coastal        Tongass Nat'l Forest, SE
                       waters of NWA.            Alaska.                
West Chichagof-       Rivers and coastal        Nat'l Forest, SE Alaska.
 Yakobi NWA.           waters of NWA Tongass..                          
                                                                        
STELLER SEA LION                                                        
 ROOKERIES AND HAUL-                                                    
 OUT AREAS:                                                             
  (see Figures 3 and                                                    
   4)                                                                   
                                                                        
58 Federal Register                                                     
 45278                                                                  
                                                                        
NORTHERN FUR SEAL                                                       
 ROOKERIES:                                                             
  (see Figures 5 and                                                    
   6)                                                                   
                                                                        
St. Paul Island.....  Coastal waters..........  Bering Sea.             
Otter Island........  Coastal waters..........  Bering Sea.             
St. George Island...  Coastal waters..........  Bering Sea.             
                                                                        
SEA BIRD NESTING                                                        
 AREAS:                                                                 
  (see Figure 7)                                                        
                                                                        
------------------------------------------------------------------------
 ALASKA RIVER SEGMENTS DESIGNATED UNDER THE WILD AND SCENIC RIVERS ACT  
                                                                        
------------------------------------------------------------------------
Alagnak River.......  Riverine waters.........  Nushagak-Bristol Bay    
                                                 lowland.               
Alatna River........  Riverine waters.........  Central Brooks Mountains
                                                 Range.                 
Aniakchak River.....  Riverine waters.........  Aleutian Mountains      
                                                 Range.                 
Charley River.......  Riverine waters.........  Yukon-Tanana uplands.   
Chilikadrotna River.  Riverine waters.........  Central Brooks Mountains
                                                 Range.                 
John River..........  Riverine waters.........  Central Brooks Mountains
                                                 Range.                 
Kobuk River.........  Riverine waters.........  Central Brooks Mountains
                                                 Range.                 
North Fork Koyukuk    Riverine waters.........  Eastern Brooks Mountains
 River.                                          Range.                 
Mulchatna River.....  Riverine waters.........  Alaska Mountains Range. 
Noatak River........  Riverine waters.........  Eastern Brooks Mountains
                                                 Range.                 
Salmon River........  Riverine waters.........  Baird Mountains         
Tinayguk River......  Riverine waters.........  Central-eastern Brooks  
                                                 Mountains Range.       
Tlikakila River.....  Riverine waters.........  Southern Alaska         
                                                 Mountains Range        
                                                                        
------------------------------------------------------------------------
IMPAIRED OR WATER QUALITY LIMITED WATERS LISTED BY ADEC IN EITHER ITS   
 CWA Sec. 305(b) REPORT OR Sec. 303(d) LIST                             
                                                                        
------------------------------------------------------------------------
Akutan Harbor, west.  Waters of the bay west    Akutan Is.              
                       of 165 deg.46'00''W.                             

[[Page 35008]]
                                                                        
Unalaska Bay, south.  Waters of Unalaska Bay    Unalaska Is.            
                       from the southwest                               
                       point of Amaknak Is. at                          
                       Arch Rock west to the                            
                       western point of                                 
                       Captains Bay at 53                               
                       deg.52'45''N, 166                                
                       deg.34'33'', west along                          
                       shore to Devilfish                               
                       Point, north to the                              
                       southern tip of Hog                              
                       Is., east to shore of                            
                       Amaknak Is. at northern                          
                       end of airstrip at 53                            
                       deg.54'16''N, 166                                
                       deg.33'09''W, south                              
                       along the shore of                               
                       Amaknak Is. to the                               
                       point of origin.                                 
Captains Bay........  All of the waters of the  Unalaska Is.            
                       bay to the bridge                                
                       separating Iliuliuk                              
                       Harbor and a line at                             
                       the mouth of the bay                             
                       between Arch Rock point                          
                       and the point of land                            
                       at 53 deg.52'45''N, 166                          
                       deg.34'33''W.                                    
Udagak Bay..........  Waters of the bay from a  Unalaska Is.            
                       line between 53                                  
                       deg.44'32''N, 166                                
                       deg.19'14''W and 53                              
                       deg.44'32''N, 166                                
                       deg.19'14''W.                                    
Gibson Cove.........  Gibson Cove.............  City of Kodiak.         
Herring Bay.........  Herring Bay.............  City of Sitka.          
Jamestown Bay.......  Jamestown Bay...........  Near Cannon Is.         
Rowan Bay...........  Rowan Bay...............  Kuru Is.                
Silver Bay..........  Silver Bay..............  City of Sitka.          
Thorn Bay...........  Thorn Bay...............  POW Is.                 
Ward Cove...........  Ward Cove...............  City of Ketchikan.      
------------------------------------------------------------------------



BILLING CODE 6560-50-P

[[Page 35009]]
[GRAPHIC][TIFF OMITTED]TN05JY95.008



Figure 1. Locations of Alaska State Game Refuges, Critical Habitat 
Areas, and Sanctuaries.

[[Page 35010]]
[GRAPHIC][TIFF OMITTED]TN05JY95.009



Figure 2. Locations of National Wilderness Areas.

[[Page 35011]]
[GRAPHIC][TIFF OMITTED]TN05JY95.010



Figure 3. Locations of Steller sea lion rookeries in the Aleutian 
Islands and Bering Sea.

[[Page 35012]]
[GRAPHIC][TIFF OMITTED]TN05JY95.011



Figure 4. Locations of Steller sea lion rookeries in the Gulf of 
Alaska and southeast Alaska.

[[Page 35013]]
[GRAPHIC][TIFF OMITTED]TN05JY95.012



Figure 5. Locations of northern fur seal rookeries and haulouts on 
St. Paul Island, Alaska.

[[Page 35014]]
[GRAPHIC][TIFF OMITTED]TN05JY95.013



Figure 6. Locations of northern fur seal rookeries and haulouts on 
St. George Island, Alaska.

[[Page 35015]]
[GRAPHIC][TIFF OMITTED]TN05JY95.014



Figure 7. Locations of colonies of seabirds in Alaska.

BILLING CODE 6560-50-C

[[Page 35016]]


Attachment to NPDES Permit No. AK-G52-0000--State Consistency 
Conditions For Sec. 401 Water Quality Certification

As Developed by a Commissioner-Level Board and Coordinated by Alaska 
Division of Governmental Coordination

(Kerry, Acting Director, ADEC, 12/23/94)

Position Reporting

    All floating processors operating under this general NPDES permit, 
during any calendar day that they process and discharge waste from 
processing operations inside State waters, shall report geographic 
coordinates daily to Alaska Department of Environmental Conservation 
(ADEC). Reports shall be submitted by telefax or other approved 
communications methods to ADEC's Western District Office, Unalaska 
Field Office. (907) 581-1795. Reports shall be submitted once a day 
when a vessel is processing and discharging waste under way in State 
waters and shall identify geographical coordinates of the vessel at 
commencement of discharging. When processing within \1/4\ mile of the 
same place for more than one day inside State waters, processing 
vessels shall report upon the commencement of discharging and again 
when discharging terminates. A note shall be made in the first position 
report that, if known, the vessel intends to remain at that location 
for more than one day, and shall provide an estimate of the time to be 
spent at that location. A note must be made on the last position report 
that the vessel is no longer discharging in State waters.

Reporting Requirement

    Any observed violations of the floating residues criteria of the 
state water quality standards shall be reported to the EPA and ADEC 
within 24 hours as provide in Section VII(F) of the permit.

Degraded Waterbodies

    Akutan Island: Akutan Harbor west of longitude 165 deg.46'00'' W.
    Udagak Bay: waters of the bay from a line extending between 
latitude 53 deg.44'32''N, longitude 166 deg.19'14''W and latitude 
53 deg.44'04''N, longitude 166 deg.18'32''W.
    Any waterbody included in ADEC's CWA Sec. 305(b) report or CWA 
Sec. 303(d) list of waters which are ``impaired'' by seafood processor 
discharges or ``water quality-limited'' for dissolved oxygen or 
residues (i.e., floating solids, debris, sludge, deposits, foam or 
scum). Included are:
    Gibson Cove, Kodiak, AK ID #20701-605,
    Herring Cove, Sitka, AK ID #10203-603,
    Jamestown Bay, Near Cannon Island, AK ID #10203-604,
    Rowan Bay, Kuru Island, AK ID #10202-602,
    Silver Bay, Sitka, AK ID #10203-601,
    Thorn Bay, Prince of Wales Island, AK ID #10203-602, and
    Ward Cove, Ketchikan, AK ID #10102-601.

Pribilof Islands

    The coastal waters surrounding the Pribilof Islands (out to 3 
nautical miles) are excluded from coverage under the 1995 general NPDES 
permit for seafood processors in Alaska. Temporary permitting 
provisions will be made for discharges to these waters while an 
interagency workgroup completes a problem identification and evaluation 
process.

As Developed by Alaska Department of Environmental Conservation

(Henkins, ADEC, 4/27/95)

Authorization of Mixing Zones

Offshore processors: 300 ft. radius from the point of discharge
Nearshore processors: 200 ft. radius from the point of discharge
Shore-based processors: 100 ft. radius from the point of discharge

[[Page 35017]]


Authorization of Zones of Deposit

One acre for offshore, nearshore and shore-based seafood processors

Non-compliance Event

    The local State office is to be informed within 24 hours of a non-
compliance event in addition to the report to EPA (Section VII.C.1)

Excluded Waterbodies

    Ward Cove, Ketchikan, listed on the CWA Sec. 303(d) list and given 
Alaska I.D. No. 10102-601 is excluded from coverage by this general 
permit for the reasons outlined in the State of Alaska Consistency 
Review dated December 23, 1994.

Forms for Notice of Intent and Annual Report

    The attached Notice of Intent form and Annual Report form are 
incorporated into the final permit.
[FR Doc. 95-16177 Filed 7-3-95; 8:45 am]
BILLING CODE 6560-50-P