Alaska Administrative Code
Title 18 - Environmental Conservation
Chapter 15 - Administrative Procedures
Article 3 - Adoption of NPDES Permits
18 AAC 15.120 - Adoption of NPDES permits

(a) A person who conducts an operation which results in the disposal of wastewater into the water of the state need not apply under secs. 20 - 100 of this chapter if the disposal is permitted under an NPDES permit, and the department has certified the NPDES permit in accordance with secs. 130 - 170 of this chapter.

(b) Any reissuance of or modification to a certified NPDES permit must be certified by the department under secs. 130 - 170 of this chapter. This requirement applies whether the reissuance or modification was brought about by reapplication, or by stipulation or other agreement between EPA and the permittee. Notwithstanding (c) of this section, if any NPDES permit is reissued or modified without certification under secs. 130 - 170 of this chapter, that permit will not be considered a permit under AS 46.03.100.

(c) For persons subject to (a) of this section, the NPDES permit constitutes the permit required under AS 46.03.100. The NPDES permit will be enforced by the department under AS 46.03, and may be modified or terminated for purposes of AS 46.03.100 under AS 46.03.120. Any rights or privileges inuring to the benefit of EPA in the NPDES permit, including any right to enter, inspect, sample, and have access to records, also inure to the benefit of the department. Any reports or other information filed with EPA in accordance with the NPDES permit must be contemporaneously filed with the department.

(d) If a certified NPDES permit, or any portion of the permit, is stayed pending a challenge to the permit, that permit will not be considered a state permit under AS 46.03.100 during the period of the stay.

(e) If a portion of a certified NPDES permit is stayed pending a challenge to the permit, that portion of the permit that is stayed will not be considered to be part of a state permit under AS 46.03.100 during the period of the stay. The remainder of the NPDES permit that is not stayed will be considered a state permit under AS 46.03.100 unless the department determines otherwise. The department will provide written notification to the permittee if the department determines that any portion of the partially-stayed NPDES permit will not be considered a state permit under AS 46.03.100 during the period of the stay.