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A PORTION OF ATS 49 NOTED AS TR N-17 & TIDELAND TRACT N-17A - ZCPa ••• • L. •••••• OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION WALTER J. HICKEL, GOVERNOR 1( SOUTHCENTRAL REGIONAL OFFICE E CENTRAL OFFICE E NORTHERN REGIONAL OFFICE 3601 "C" STREET, SUITE 370 P.O. BOX 110030 675 SEVENTH AVE., STATION H ANCHORAGE. ALASKA 99503-2798 JUNEAU, ALASKA 99811-0030 FAIRBANKS. ALASKA 99701-4596 PH: (907) 561-6131/FAX: (907) 561-6134 PH: (907) 465-3562/FAX: (907) 465-3075 PH: (907) 451-2818/FAX: (907) 451-2814 November 12, 1992 Mr. Martin Eaton Ursin Seafoods, Inc. 411 Shelikof Way Kodiak, Alaska 99615 Dear Mr. Eaton: SUBJECT: NPDES Reissuance AK-00059-1 STATE I.D. NUMBER AK921112-05A The Division of Governmental Coordination has received the draft NPDES permit the Environmental Protection Agency submitted for our project consistency review. The enclosed project information sheet includes a State I.D. Number AK921112-05A. Please use this number in any future reference to the project. Appropriate materials have been distributed to participants in the Alaska Coastal Management Program for their review and comments. P.viewer milestones and the associated permits are also indicated c. the enclosed sheet. By copy of this letter we are informing the Environmental Protection Agency of the start of our review. If you have any questions on our review, please contact me at 561- 6131. Enclosure Sincerely, Faye E. Heitz Project Review Coordinator cc: Kodiak Island Borough Distribution List Robert Dolan, DEC Kathleen Collins, EPA, Seattle COMMUNITY DEVELOPMENT DEPARTMENT ^.ed on rec...c:;2.:1,.)k)e, ,r KODIAK ISLAND BOROUGH DISTRIBUTION LIST November 12, 1992 Mr. Tim Smith, State Historic Preservation Office, Department of Natural Resources, Anchorage Mr. Larry BUIlls, ACMP Liasons, Department of Natural Resources, Anchorage Ms. Carol Jo Sanner, Permits Officer, Dept. of Transportation & Public Facilities, Anchorage Mr. Donald 0. McKay, Habitat Division, Department of Fish & Game, Anchorage Ms. Linda L. Freed, Kodiak Island Borough, Kodiak. Mr. U.L. Gross, Koniag, Inc., Anchorage Mr. Jerome Selby,. Borough Mayor, Kodiak Island Borough, Kodiak Ms. Elaine Pistoresi, PIC, Department of Environmental Conservation, Anchorage Mr. Kelly Simeonoff, Jr., President, Kodiak Area Native Association, Kodiak Mr. Walt Ward, State Parks, Department of Natural Resources, Soldotna OE 7--A7LE CaDF Phase 563-6529 267-2284 2.6.2224_9_ OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION PROJECT INFORMATION SHEET PROJECT TITLE: U-4 51/1/4j SeAft-Offb S "Ai WALTER J. HICICEL. GOVERNOR SOUTHCENTRAL REGIONAL OFFICE 3601 "C" STREET. SUITE 370 ANCHORAGE. ALASKA 99503.2798 PH: (9071 5814131/FAX: 19071 5814134 A-I2- - 0 0 0 6-q — 107>PE STATE I.D. NUMBER: AK92 OcA DGC CONTACT: APPLICANT/PROPONENT: Li- cA) 04Ftx9b S5t.t4-0)C C Phone 561-6131 Fax 561-6134 DIRECT FEDERAL ACTION: YES NO 17 REVIEW TYPE: CONSISTENCY / ANILCA OCSLA Agent Phone Fax ACTIVITY TYPE: ARMED FORCES COMMERCIAL LAND MANAGEMENT PLAN MINING: HARDROCK PLACER OFFSHORE OIL & GAS PUBLIC UTILTITES/FACILITIES PRIVATE RESIDENTIAL FILL PLACEMENT FLOATING STRUCITTRES HYDRO POWER TIMBER PROJECT LOCATION: Nearest Coastal District KOb I m( 4.- 5/41A) b Project Inside the District Boundary Yes ‘r No District Plan Approved Yes V No ■111111111■1111111■ A OTHER FISHERIES PRODUCTION: GENERAL HATCHERY REMOTE RELEASE ENHANCEMENT PROCESSING t/ AQUATIC FARMS: SHELLFISH AQUATIC PLANTS OTHER OIL SPILL CONTINGENCY PLANS DGC/DEC CONTACT DATE DEC PERSON CONTAL REVIEW MILESTONES: Day 1 001)64X4,36a... 11 1 g / 1-- Reviewer Request for Add'l Info krp-eA.,-LI-LA._ 2 Comments Due To DGC 9 t Notification To Applicant /(12-e.r..1-4,4-1)-6-t. Decision Deadline A-ke-6-4-414A-?-4 • --gc2/2-0UCi REVIEW SCHEDULE: 15 DAY 30 DAY 50 DAY 0 THEit PROJECT PREVIOUSLY REVIEWED UNDER STATE I.D. NO. A( qco(-1-2---q- 3(0A )Pj 411.- 0-uo 34,1--c" STATE APPROVALS (LIST AGENCY, APPROVAL TYPE, NUMBER): 40 I c,thei-TRL *ALE( C6-5724 NOTE TO REVIEWERS: Distribution of applications for appropriation of water constitutes DNR agency notice under AS 46.15. Separate notice from DNR discontinued beginning January 1991. FEDERAL APPROVALS (LIST AGENCY, APPROVAL TYPE, NUMBER): eP,4- pe-4ja,044.. 414.— 0-64-0 S9 - EXTENSION GRANTED FOR: 1. Formal Information Request 2. Project In U.O.B. 3. DNR Disposal 4. Miscellaneous Applicant Request 5. Proposed Finding En Route Elevation to Directors, Elevated by Elevated to Commissioners, Elevated by 6. Public Hearing Held 7. Field Review 8. SMCRA 9. Unusually Complex Project CLOCK STOPPED ON: REASON #: CLOCK RESTARTED ON: ACTION AT CLOSEOUT: CLOSE OUT DATE: DISTRICT COMMENTS RECEIVED: Yes No FOR CONCLUSIVE CONSISTENCY DETERMINATIONS: Consistent Consistent With Stipulations Inconsistent Withdrawn FOR OTHER REVIEWS: Comments Submitted 7.---", United States __. Region 10 Ala.: Environmental Protection 1200 Sixth Avenue Idahu Agency Seattle WA 98101 Oregon Washington 6E PA Reply To Attn Of: WD-134 SEP 2 ' ;992 sEp 1992. CEI VED CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Martin Eaton Ursin Seafoods, Inc. 411 Shelikof Way Kodiak, Alaska 99615 Re: NPDES Permit No. AK-000059-1 Ursin Seafoods, Inc. Dear Mr. Eaton: •-:',VISION OF LAND SO".)THCENTRA! REGION Enclosed for your information are copies of a draft National Pollutant Discharge Elimination System (NPDES) permit which we propose to reissue to the referenced facility, the public notice as it will appear in the local newspaper, and a fact sheet which outlines the basis for the permit. The Public Notice initiates a 30-day public comment period. Following the close of the public comment period, we will consider the comments received in preparation of the final permit. Technical questions regarding the permit may be referred to Kathleen Collins at (206) 553-2108. Enclosures Sincerely, s Hastings, Chief Wastewater Management & Enforcement Branch cc: ADEC, Southcentral Regional Office Office of Management and Budget, Anchorage Permit No.: AK- 000059 -1 Application No.: AK- 000059 -1 United States Environmental Protection Agency Region 10 1200 Sixth Avenue Seattle, Washington 98101 AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE'ELIMINATION SYSTEM In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 et seq., as amended by the Water Quality Act of 1987, P.L. 100 -4, the "Act" URSIN SEAFOODS, INC. is authorized to discharge from a seafood processing facility located in Kodiak, Alaska. to receiving waters named St. Paul Harbor in accordance with discharge point(s), effluent limitations, monitoring requirements and other conditions set forth herein. This permit shall become effective This permit and the authorization to discharge shall expire at midnight, Signed this day of Director, Water Division, Region 10 U.S. Environmental Protection Agency DRAFT PERMIT Page 2 of 21 Permit No.: AK-000059-1 TABLE OF CONTENTS Cover Sheet--Issuance and Expiration Dates I. Effluent Limitations and Monitoring Requirements A. Specific Limitations and Monitoring Requirements B. Other Requirements C. Definitions II. Monitoring, Recording and Reporting Requirements A. Representative Sampling B. Monitoring Procedures C. Reporting of Monitoring Results D. Additional Monitoring by the Permittee E. Records Contents F. Retention of Records G. Twenty-four Hour Notice of Noncompliance Reporting H. Other Noncompliance Reporting I. Inspection and Entry J. Compliance Schedules III. 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. Removed Substances G. Bypass of Treatment Facilities H. Upset Conditions I. Toxic Pollutants IV. General Requirements A. Changes in Discharge of Toxic Substances B. Planned Changes C. Anticipated Noncompliance D. Permit Actions E. Duty to Reapply F. Duty to Provide Information G. Other Information 4, Signatory Requirements I. Availability of Reports J. Oil and Hazardous Substance Liability K. Property Rights L. Severability M. Transfers N. State Laws ATTACHMENT 1 ATTACHMENT 2 FIGURE 1 DRAFT PERMIT Page 3 of 21 Permit No.: AK-000059-1 I. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS A. Specific Limitations & Monitoring Requirements. During the effective term of this permit, the permittee is authorized to discharge process wastewater from the processing of bottomfish (such as pollock, and cod), halibut, salmon, and crab to Near Island Channel from outfall 001. Treatment of process wastewater prior to discharge shall be accomplished through the use of fine mesh screening (1 mm) or equivalent technology. Seafood wastes shall not be pulverized, chopped, ground or otherwise altered prior to screening. 1. Processing discharges shall be limited as specified below (limitations are dependent upon the raw products processed on, the day samples are collected): Species Total Suspended Solids Oil and Grease Daily Max. Monthly Avg. Daily Max. Monthly Avg. Halibut 3.1 1.9 4.3 0.56 (and other headed/gutted bottomfish) (lbs/1000 lbs)* Mechanized 22.0 12.0 9.9 3.9 Bottomfish (lbs/1000 lbs)* Salmon-Hand 2.6 1.6 0.31 0.19 Butchered, including fresh/ frozen whole (lbs/1000 lbs)* Mechanized Salmon 44.0 26.0 (lbs/10001bs)* 29.0 11.0 Whole Crab and 12 3.9 1.3 0.42 Crab Sections Ilbs/1000 lbs)* Multiple Species (See Attachment 1) (lbs/1000 lbs).* Daily discharges shall be calculated as follows: *lbs pollutant/1,000 lbs raw product = (flow, mgd) X (conc. of pollutant, mg/1) X (8,340) (total lbs processed during the sampling day) DRAFT PERMIT Page 4 of 21 Permit No.: AK-000059-1 NOTE: An example calculation is included in Attachment 2. All calculations shall be submitted with the DMR's. 2. Environmental Effects a. The pH shall not be less than 6.5 standard units nor greater than 8.5 standard units. b. There shall be no discharge of floating solids, visible foam, or oily wastes which produce a sheen on the surface of the receiving water. c. There shall be no accumulation of seafood processing wastes on the shoreline. d. There shall be no accumulation of wastes on the bottom of the receiving water. 3. Monitoring requirements. Monitoring shall be conducted as follows: Parameter Frequency Sample Type Units Flow Daily 24-Hour Record mgd TSS Weekly Composite mg/1 Oil and Grease* Weekly Grab mg/1 Settleable Weekly Composite ml/1 Solids Residual Chlorine Weekly Grab mg/1 pH Weekly Grab Waste Handling Daily Inspection System Trest for oil and grease using the Collins/Tenny Method and any other EPA approved method. Standard Units a. Samples shall be taken from the effluent stream after treatment and prior to its discharge to the receiving water. b. At least one half of the residual chlorine samples will be taken during or immediately after the plant sanitation procedure. DRAFT PERMIT Page 5 of 21 Permit No.: AK-000059-1 c. Daily flow shall be recorded on,the same day effluent samples are taken. d. Monitoring results for process wastewater shall be reported on the monthly Discharge Monitoring Reports (DMR) as both pollutant concentrations (mg/1) and loading values (lbs pollutant per 1000 lbs raw product). 4. Receiving Water Inspections The water surface shall be visually inspected daily for floating solids, garbage, grease, foam and visible oil sheen. Results from these inspections shall be reported with each monthly Discharge Monitoring Report (DMR). 5. Processing Records The permittee shall report daily processing volumes as part of the monthly Discharge Monitoring Report (DMR). The following parameters shall be reported: a. Quantity of raw seafood processed per day, by species (pounds). b. Type and quantity of finished product per day, by species (pounds). c. Estimate of quantity of seafood wastes disposed of via reduction facility (pounds). B. Other Requirements. 1. Sanitary Wastewater Sanitary wastes shall be discharged to the Kodiak municipal treatment facility. The discharge of non-domestic wastewater to the city sanitary wastewater treatment facility is prohibited unless prior approval is obtained from the operator of that facility. 2. Non-Process Wastewater, Cooling water, boiler water, freshwater pressure relief discharges, and water used in live tanks may be discharged through conveyances other than outfall 001 provided the limitations in Part I.A.2 are met. DRAFT PERMIT Page 6 of 21 Permit No.: AK-000059-1 3. Dive Surveys Underwater dive surveys at outfall 001 shall be conducted once per year. Dive surveys shall be conducted within seven days after the termination of salmon processing but no later than October 15• The diver shall inspect the area under the dock as well as the outfall along its entire length. The permittee shall submit a dive survey report to EPA and ADEC no later than thirty days after each dive. The report shall include the following information: a. Location (including distance from shore and compass orientation), depth and condition of the outfall line (including presence, size, and location of any breaks or cracks). b. , Water depth at the end of the outfall pipe. c. Inspection of the area at the end of the outfall pipe and documentation of the type, depth, areal extent, estimated volume, and sizes of particles of any waste accumulation. d. A plan view drawing (to scale) indicating the location of the dock, outfall pipe, prominent bottom features such as depressions, pockets, and large rocks, secondary slurry zones, and any area where seafood wastes have accumulated. The drawing shall also include the location, number and a general description of benthic organisms (i.e. common name) observed in areas adjacent to the outfall and an indication of whether the organisms observed are alive, dead or stressed. e. Types of substrate in and adjacent to the outfall area. f. Videotape of the dive showing all features listed in parts a, c, and d. 4. Waste Disposal Practices a. Disposal of all solid processing wastes, with the exception of waste products listed in part I.B.4.b., shall be to a by-product recovery facility, unless the permittee meets the requirements of part I.B.4.c.. b. Halibut heads, shellfish wastes, and other seafood wastes, as approved by EPA, which are unsuitable for Processing at a by-product recovery facility may be disposed of at the ocean dumping zone identified in part and figure 1 of this permit. All wastes DRAFT PERMIT Page 7 of 21 Permit No.: AK-000059-1 must be ground prior to being disposed of at the ocean dumping zone. The permittee may submit a written request, to EPA, to have a species of fish classified as unsuitable for processing at a by-product recovery facility. The written request must include the reason a species would be considered unsuitable for by-product recovery. If EPA approves the permittee's request and classifies a species of fish as unsuitable for processing at a by- product recovery facility, that classification shall remain in effect for the term of this pendit. c. Seafood waste may be disposed of in the ocean dumping zone described in paragraph d. below, under the following conditions: 1. The recovery facility is at maximum capacity or is closed or operating at reduced capacity due to needed repairs and/or maintenance, and is unable to accept the wastes;. and • all reasonable measures are being implemented to maintain operational capacity during repair and/or maintenance periods; and • all reasonable measures are being implemented to minimize the period of reduced operational capacity during repair and/or maintenance periods; 2. All wastes must be ground prior to disposal at the ocean dumping zone; 3. Until commencement of the new by-product recovery facility, the following information must be provided to EPA with the monthly discharge monitoring report: • the date the waste dumping commenced or is to commence; • a certification from the operator of the waste reduction facility, stating that the wastes could not be accepted, the reasons for nonacceptance, steps being taken to proVide necessary capacity within the shortest reasonable period of time, and the estimated time until wastes would be accepted; • an estimate of the quantity of seafood wastes disposed of at the ocean dumping zone; DRAFT PERMIT Page 8 of 21 Permit No.: AK-000059-1 • the name and address of the company responsible for barging said waste to the ocean dumping zone; and • the latitude and longitude of area where wastes were or are being disposed in the ocean dumping zone. 4. Upon commencement of the new by-product recovery facility, the information requested in section I.B.4.c.3. must be provided to EPA within five days of initiating discharges to the ocean dumping zone. d. The ocean dumping zone, generally refered to as Chiniak Bay, is generally bordered by the Base Line to the east and the fifty (50) fathom line plotted on U.S. Coast and Geodetic Survey Map No. 8534. 5. Notification of Changes in Capacity The permittee shall give notice to the Director and ADEC of any planned physical alterations or operational changes to the permitted facility which will result in the processing of more than the following amounts of raw seafood in a single day: Species Maximum Daily Production Salmon 50,000 pounds Crab 50,000 pounds Halibut 50,000 pounds Bottomfish 50,000 pounds Notification shall be given at least ninety (90) days prior to implementation of the planned changes. In addition to notification, complete engineering plans • shall be submitted to the ADEC Western District Office in accordance with 18 AAC 72.600. The ADEC address for submittals required under this section is: Alaska Department of Environmental conservation Western District Office 3601 C Street, Suite 322 Anchorage, AK 99503 6. Reopener Clause If effluent limitation guidelines applicable to this facility are promulgated that contain limits different from DRAFT PERMIT Page 9 of 21 Permit No.: AK-000059-1 those contained in this permit, the permit shall be modified to reflect the limits in the guidelines. If there is evidence indicating potential or realized impacts on water quality due to the discharge of seafood processing wastewater the permit maybe modified to include different effluent limitations and/or additional monitoring requirements. 7. Alaska Water Quality Standards All discharges shall be in compliance with Alaska Water Quality Standards (18 AAC 70). C. Definitions. 1. "Accumulation" refers to the presence of any measurable amount of seafood waste present on the bottom substrate. For purposes of this permit, measurable is defined as a thickness of one centimeter or more. 2. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. 3. "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. 4. "Daily Maximum" discharge means the highest allowable "daily discharge". 5. "Grab" sample is a single sample or measurement taken at a specific time or over as short a period of time as is feasible. 6. "Monthly Average" see Attachment 2 , page 3 of this permit. 7. "Quantity of Waste" is calculated as follows: Quantity of Waste = (Quantity of Raw Seafood) - (Quantity of Finished Product). 8. "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 DRAFT PERMIT Page 10 of 21 Permit No.: AK-000059-1 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. 9. "Composite" sample shall mean a mixture of grab samples collected at the same sampling point at different times. Each discrete grab sample shall be 100 ml and shall be collected every 2 hours during the processing period. Each grab sample shall be collected and stored in accordance with procedures prescribed in the most recent edition of Standard Methods for the Examination of Water and Wastewater. 10. "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. 11. "Process wastewater" is any wastewater which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, by-product, or waste product. II. MONITORING, RECORDING AND REPORTING REQUIREMENTS A. Representative Sampling. Samples taken in compliance with the monitoring requirements established under Part I shall be collected from the effluent stream prior to discharge into the receiving waters. Samples and measurements shall be representative of the volume and nature of the monitored discharge. B. Monitoring Procedures. Monitoring must be conducted according to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified in this permit. C. Reporting of Monitoring Results. Monitoring results shall be summarized each month on the Discharge Monitoring Report (DMR) form (EPA No. 3320-1). The reports shall be submitted monthly and are to be postmarked by the 10th day of the following month. Legible copies of these, and all other reports, shall be signed and certified in accordance with the requirements of Part IV.H., Signatory Requirements, and submitted to the Director, Water Division and the State agency at the following addresses: DRAFT PERMIT Page 11 of 21 Permit No.: AK-000059-1 original to: United States Environmental Protection Agency (EPA) Region 10 1200 Sixth Avenue, WD-135 Seattle, Washington 98101 copy to: Alaska Department of Environmental Conservation (ADEC) Southcentral Region 3601 'C' Street, Suite 1334 Anchorage, Alaska 99503 D. Additional Monitoring by the Permittee. If the permittee monitors any pollutant more frequently than required by this permit, using test procedures approved under 40 CFR 136 or as specified in this permit, the results of'this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. Such increased frequency shall also be indicated. E. Records.Contents. Records of monitoring-information shall include: 1. The date, exact place, and time of sampling or measurements; 2. The individual(s) who performed the sampling or measurements; 3. The date(s) analyses were performed; 4. The individual(s) who performed the analyses; 5. The analytical techniques or methods used; and 6. The results of such analyses. F. Retention of Records. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended by request of the Director or ADEC at any time. Data collected on-site, copies of Discharge Monitoring Reports, and a copy of this NPDES permit must be maintained on-site during the duration of activity at the permitted location. G. Twenty-four Hour Notice of Noncompliance Reporting. 1. The following occurrences of noncompliance shall be reported by telephone to: DRAFT PERMIT. Page 12 of 21 Permit No.: AK-000059-1 Water Compliance Section, EPA, Seattle, WA, phone: (206) 553-1213 or Alaska Operations Office, EPA, Anchorage, AK phone: (907) 271-3651 within 24 hours from the time the permittee becomes aware of the circumstances: a. b. Any noncompliance which may endanger health or the environment; Any unanticipated bypass which exceeds any effluent limitation in the permit (See Part III.G., Bypass of Treatment Facilities.); • c. , Any upset which exceeds any effluent limitation in the permit (See Part III.H., Upset Conditions.); or d. Violation of a maximum daily discharge limitation for any of the pollutants listed in the permit to be reported within 24 hours. 2. A written submission shall also be provided within five days of the time that the permittee becomes aware of the circumstances. 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 waive the written report on a case-by-case basis if the oral report has been received within 24 hours by the Water Compliance Section in Seattle, Washington, by phone, (206) 553-1213 or the Alaska Operations Office in Anchorage, Alaska, by phone, (907) 271-3651. 4. Reports shall be submitted to the addresses in Part II.C., Reporting of Monitorina Results. H. Other Noncompliance Reporting. Instances of noncompliance not required to be reported within 24 hours shall be reported at the time that monitoring reports for Part II.C. are submitted. The reports shall contain the information listed in Part II.G.2. DRAFT PERMIT Page 13 of 21 Permit No.: AK- 000059 -1 I. Inspection and Entry. The 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 the 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. J. Compliance Schedules. Reports of compliance or noncompliance with, or any progress reports on interim and final requirements contained in any Compliance Schedule of this permit (Part I) shall be submitted no later than 10 days following each schedule date. III. COMPLIANCE RESPONSIBILITIES A. Duty to Comply. The permittee must 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. The permittee shall give advance notice to the Director and ADEC of any planned changes in the . permitted facility or activity which may result in noncompliance with permit requirements.. B. Penalties for Violations of Permit Conditions. 1. Civil Penalty. The Act provides that any person who violates a permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act shall be subject to a civil.penalty, not to exceed $25,000 per day for each violation. 2. Criminal Penalties: a. Negligent Violations. The Act provides that any person who negligently violates a permit condition implementing Sections 301, 302,;306, 307, 308, 318, or DRAFT PERMIT Page 14 of 21 Permit No.: AK-000059-1 405 of the Act 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. The Act provides that any person who knowingly violates a permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act 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. The Act provides that any person who knowingly violates a permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act, 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 which is an organization shall, upon conviction of violating this subparagraph, be subject to a fine of not more than $1,000,000. d. False Statements. 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 upon conviction, be punished by a fine of not more that $10,000, or by imprisonment for not more than 2 years, or by both. Except as provided in permit conditions in Part III.G., Bypass of Treatment Facilities and Part III.H., Upset Conditions, nothing in this permit shall be construed to relieve the peimittee 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. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. DRAFT PERMIT Page 15 of 21 Permit No.: AK-000059-1 E. Proper Operation and Maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the 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 which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. F. Removed Substances. Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewater shall be disposed of in a manner such as to prevent any pollutant from such materials from entering navigable waters, except as provided in part I.B.4.c.. G. Bypass Of Treatment Facilities: 1. Bypass not exceeding limitations. The permittee may allow any bypass to occur which 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 section. 2. Notice: a. Anticipated bypass. If the 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. The permittee shall submit notice of an unanticipated bypass as required under Part II.G., 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 DRAFT PERMIT (3) Page 16 of 21 Permit No.: AK-000059-1 condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and The permittee submitted notices as required under paragraph 2 of this section. 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 section. H. 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 the requirements of paragraph 2 of this section are met. 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. permittee who wishes to establish the affirmative upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant that: A defense of evidence a. An upset occurred and that the permittee can identify the cause(s) of the upset; b. The permitted facility was at the time being properly operated; c. The permittee submitted notice of the upset as required under Part II.G., Twenty-four Hour Notice of Noncompliance Reporting; and d. The permittee complied with any remedial measures required under Part M.D., Duty to Mitigate. 3. Burden of proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. DRAFT PERMIT Page 17 of 21 Permit No.: AK-000059-1 I. Toxic Pollutants. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. IV. GENERAL REQUIREMENTS A. Changes in Discharge of Toxic Substances. Notification shall be provided to the Director and ADEC as soon as the permittee knows of, or has reason to believe: 1. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "nOtification levels": a. One hundred micrograms per liter (100 ug/1); b. Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile, five hundred micrograms per liter (500 ug/1) for 2,4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; c. Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122.21(g)(7); or d. The level established by the Director in accordance with 40 CFR 122.44(f). 2. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": a. Five hundred micrograms per liter (500 ug/1); b. One milligram per liter (1 mg/1) for antimony; c. Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122.21(g)(7); or d. The level established by the Director in accordance with 40 CFR 122.44(f). DRAFT PERMIT Page 18 of 21 Permit No.: AK-000059-1 B. Planned Changes. The permittee shall give notice to the Director and ADEC as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: 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 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 which are subject neither to effluent limitations in the permit, nor to notification requirements under Part IV.A.1. C. Anticipated Noncompliance. The permittee shall also give advance notice to the Director and ADEC of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. D. Permit Actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the 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. E. Duty to Reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. The application should be submitted at least 180 days before the expiration date of this permit. F. Duty to Provide Information. The permittee shall furnish to the Director and ADEC, within a reasonable time, any information which 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. The permittee shall also furnish to the Director or ADEC, upon request, copies of records required to be kept by this permit. Other Information. When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or any report to the Director or ADEC, it shall promptly submit such facts or information. H. 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: DRAFT PERMIT Page 19 of 21 Permit No.: AK-000059-1 a. For a corporation: by a responsible 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 the 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 specified 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, operator of a well or a well field, 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 paragraph IV.H.2. 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 paragraph IV.H.2. must be submitted to the Director 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 section 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 personnelproperly 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 DRAFT PERMIT Page 20 of 21 Permit No.: AK-000059-1 complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." I. Availability of Reports. Except for data determined to be confidential under 40 CFR Part 2, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Director and ADEC. As required by the Act, permit applications, permits and effluent data shall not be considered confidential. J. Oil and Hazardous Substance Liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject.under Section 311 of the Act. K. 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. L. Severability. The provisions of this permit are severable, and 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. M. Transfers. This permit may be automatically transferred to a new permittee if: 1. The current permittee notifies the. Director at least 30 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 this notice is not received, the transfer is effective on the date specified in the agreement mentioned in paragraph 2 above. DRAFT PERMIT Page 21 of 21 Permit No.: AK-000059-1 N. State Laws. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the 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. DRAFT PERMIT ATTACHMENT 1 Limitations for Multiple Species Processing Effluent limitations for the processing of multiple species are derived using the following "generic" equation: Limit in lbs/1000 lbs = (Bottomfish Limit)(% BottoMfish) + (Crab Limit) (% Crab) + (Herring Limit) (% Herring) + (HB Salmon Limit) (% HB Salmon) + (Mech Salmon Limit) (% Mech Salmon) + (Scal op Limit)(% Scallop) where, % Bottomfish % Crab % Herring % HB Salmon % Mech Salmon % Scallop and, = Amount of bottomfish processed divided by the total amount of seafood processed = (Amount of Bottomfish) + (Amount. of Raw Seafood) = Amount of crab processed divided by the total amount of seafood processed = (Amount of Crab) + (Amount of Raw Seafood) = Amount of herring processed divided by the total amount of seafood processed = (Amount of Herring) + (Amount of Raw Seafood) = Amount of hand-butchered salmon divided by the total amount of seafood processed = (Amount of HB Salmon) + (Amount of Raw Seafood) = Amount of mechanized salmon divided by the total amount of seafood processed = (Amount of Mech. Salmon) + (Amount of Raw Seafood) = Amount of scallop processed divided by the total amount of seafood processed = (Amount of Scallop) + (Amount of Raw Seafood) Bottomfish Limit = Effluent limitation in Part I.A.1. processing Crab Limit = Effluent limitation in Part I.A.1. DRAFT PERMIT for bottomfish for processing Herring Limit HB Salmon Limit 3 = Effluent limitation in Part I.A. for herring processing = Effluent limitation in Part I.A. for hand-butchered salmon Mech Salmon Limit = Effluent limitation in Part I.A. for mechanized salmon processing Scallop Limit = Effluent limitation in Part I.A. for scallop processing Two pollutants are limited in the permit, TSS and Oil and Grease. Each pollutant is limited on a monthly average and daily maximum basis. Therefore, by substituting the limitation for each species in the generic equation above, we can generate the following four limitations for Multiple Species processing: TSS - Monthly Average TSS - Daily Maximum Oil and Grease - Monthly Average Oil and Grease - Daily Maximum TSS - Monthly Average Limitation = 12(% Bottomfish) + 3.9(% Crab) + 24(% Herring) + 1.6(% HB Salmon) + 26(% Mech Salmon) + 1.4(% Scallop) NOTE: Processing percentages are calculated over the month TSS - Daily Maximum Limitation = 22(% Bottomfish) + 12(% Crab) + 32(% Herring) + 2.6(% HB Salmon) + 44(% Mech Salmon) + 6.6(% Scallop) NOTE: Processing percentages are calculated over the sampling day Oil and Grease - Monthly Average Limitation = 3.9(% Bottomfish) + 0.42(% Crab) + 10(% Herring) + 0.19(% HB Salmon) + 11(% Mech Salmon) + 0.24(% Scallop) NOTE: Processing percentages are calculated over the month Oil and Grease - Daily Maximum Limitation = 9.9(% Bottomfish) + 1.3(% Crab) + 27(% Herring) + 0.31(% HB Salmon) + 29(% Mech Salmon) + 7.7(% Scallop) NOTE: Processing percentages are calculated over the sampling day. These limitations shall be calculated and included in an attachment to the monthly DMRs. DRAFT PERMIT. ATTACHMENT 2 Example of Calculations to Determine Compliance With the Permit Limits These are sample calculations of plant discharge (lbs per 1000 lbs) values which shall be compared to limitations in Part I.A.1. to determine • compliance. Given: Discharges were sampled four days during the month of June 1988. Hand-butchered salmon and bottomfish were processed. The following table provides data for the month of June 1988. Date 6/2/88 6/9/88 6/16/88 6/27/88 Flow, MGD 0.075 0.098 0.127 0.077 Daily Maximum Calculations Pounds of Raw Product TSS Conc.,mg/1 HB Salmon Bottomfish 36.8 41.5 39.4 47.5 10,000 23,070 6,155 60,000 1,210 Step 1. Determine the Daily Maximum discharge for TSS for each day samples are collected. Daily Maximum discharge (in lbs per 1000 lbs) equals the measured effluent flow (mgd), multiplied by the measured effluent concentration (mg/1), multiplied by a conversion factor (8,340), and divided by the total amount of raw seafood processed (lbs). Note that the flow, concentration, and amount of seafood processed shall be measured over the same 24-hour period. Daily Maximum = (flow)(concentration)(8,340) (Daily Production) Therefore, 6/2/88 Daily Maximum = [(0.075mgd)(36.8mg/1)(8,340)) 10,000 lbs = 2.30 lbs per 1,000 lbs 6/9/88 Daily Maximum = [(0.098mgd)(41.5mg/1)(8,340)] 23,070 lbs = 1.47 lbs per 1,000 lbs 6/16/88 Daily Maximum = [(0.127mgd)(39.4mg/1)(8,340)] 66,155 lbs = 0;63 lbs per 1 000 lbs DRAFT PERMIT • 2 6/27/88 Daily Maximum = [(0.077mgd)(47.5mg/1)(8,340)] + 1,210 lbs = 25.2 lbs per 1.000 lbs Daily Maximum calculations shall be made for each day that samples are collected. Step 2. Determine compliance with applicable daily maximum effluent limitations. To determine compliance, the above calculated Daily Maximum discharge value shall be compared to the applicable Daily Maximum limit in Part I.A.1. of the permit. The applicable limitation from Part I.A.1. is dependent upon whether only hand-butchered salmon, only bottomfish, or both hand-butchered salmon and bottomfish are processed on the day of sampling. Since only bottomfish is processed on 6/2/88 and 6/9/88, these calculated daily maximum discharge values shall be compared to the daily maximum TSS limitation in Part I.A.1., for bottomfish, of 22 lbs per 1,000 lbs. The same type of comparison can be made for the 6/27/88 calculation where only hand-butchered salmon is processed. Because more than one species of seafood is processed on 6/16/88, the calculated daily maximum TSS discharged must be compared to a variable limitation which is derived based upon a proportion of each seafood species processed. This variable Daily Max TSS Limitation is calculated as follows: • Limitation = 2.6(% HB Salmon) •+ 22(% Bottomfish) = 2.6(6,155/66,155) + 22(60,000/66,155) = 20.2 lbs per 1000 lbs DATE This equation is defined in detail in Attachment 1 of the permit. CONCLUSION TSS DAILY MAX (LBS/1000 LBS) TSS DAILY MAX LIMITATION, (PART I.A.1. OF PERMIT) (LBS per 1000 LBS) 6/2/88 2.30 22 6/9/88 1.47 22 6/16/88 0.63 20.2 6/27/88 25.20 2.6 DRAFT PERMIT 3 From the above information, it can be seen that the facility was not in compliance on 6/27/88. Monthly Average Calculations Step 1. Determine the Average Monthly discharge for TSS (for June 1988) The Average Monthly TSS discharge equals the summation of all Daily Maximum discharge values calculated during the time period covered by the DMR in question (June), divided by the total production. Therefore, Monthly Average = [(0.075 mgd)(36.8 mg/1) + (0.098 mgd)(41.5 mg/1) + (0.127 mgd)(39.4 mg/1) + (0.077 mgd) (47.5 mg/1)] x (8,340) + [(10,000 + 23,070 + 66,155 + 1,210)] = 1.3 lbs per 1000 lbs Monthly Average calculations shall be made each month. Step 2. Determine compliance with applicable monthly average effluent limitations. To determine compliance, the above calculated Monthly Average discharge value shall be compared to the applicable Monthly Average limitation in Part I.A.1. of the permit. The applicable limitation from Part I.A.1. is dependent upon whether only hand- butchered salmon, only bottomfish, or both hand-butchered salmon and bottomfish are processed on any day that samples are collected, during the month in question. For this example, since both hand-butchered salmon and bottomfish are processed during the sampling period in the month of June the above calculated Monthly Average TSS discharge must be compared to a variable limitation which is based upon a proportion of each seafood species processed. This variable Monthly Average TSS limitation is calculated as follows: Limitation = 1.6(% HB Salmon) + 12(% Bottomfish) = 1.6(7,365 + 100,435) + 12(93,070 + 100,435) = 11.2 lbs per 1,000 lbs This equation is defined in detail in Attachment 1 of the permit. DRAFT PERMIT 4 CONCLUSION DATE TSS MONTHLY AVG TSS MONTHLY AVG LIMITATION (LBS/1000 LBS) PART I.A.1. OF PERMIT (LBS/1000 LBS) 6/2/88 1.3 11.2 THRU 6/27/88 From the above information, it can be seen that the facility was in compliance for the TSS Monthly Average limitations. NOTE: The above example only examines the TSS results. The same calculations apply to Oil & Grease. 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J`l (�' FE r .r f N• N4 114 ! 20 66 146 United States Environmental Protection Agency Region 10 Park Place Building, 13th Floor 1200 Sixth Avenue, WD-134 Seattle, Washington 98101-3188 (206) 553-8332 NOTICE OF PROPOSED REISSUANCE OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS TO DISCHARGE TO WATERS OF THE UNITED STATES, NOTICE OF STATE CERTIFICATION, and NOTICE OF STATE DETERMINATION OF CONSISTENCY WITH THE ALASKA COASTAL MANAGEMENT PROGRAM Public Notice Issuance Date: September 16, 1992 Public Notice Expiration Date: October 15, 1992 1. Applicants Ursin Seafoods, Inc. 411 Shelikof Ave. Kodiak, Alaska 99615 Permit No.: AK-000059-1 Alaska Fresh Seafoods, Inc. 105 Marine Way Kodiak, Alaska 99615 Permit No.: AK-000110-4 Ursin Seafoods, Inc. and Alaska Fresh Seafoods, Inc. operate seafood processing facilities in Kodiak, Alaska. Seafood is processed year round and wastewater effluent is discharged into St. Paul Harbor. A Fact Sheet is available. 2. Tentative Determination The Region 10 Office of the EPA has tentatively determined to reissue a discharge permit to the above listed applicants. 3. State Certification This Notice will also serve as Public Notice of the intent of the State of Alaska, Department of Environmental Conservation to consider certifying that the subject discharges will comply with the applicable provisions of Section 208(e), 301, 302, 303, 306 and 307 of the Clean Water Act. The NPDES permits will not be issued until the certification requirements of Section 401 have been met. 4. State Consistency Determination This Notice will also serve as Public Notice of the intent of the State of Alaska, Office of Management and Budget, Division of Governmental Coordination, to review this action for consistency with the approved Alaska Coastal Management Program. 5. Public Comments Persons wishing to comment on the tentative determinations contained in the proposed permits or wishing to request that a public hearing be held, may do so in writing, within 30 days of the date of this public notice. A request for a public hearing shall state the nature of the issues to be raised as well as the requester's name, address and telephone number. Comments must be received within this 30 day period to be considered in the formulation of final determinations regarding the applications. All comments should include the name, address and telephone number of the commenter and a concise.statement of the exact basis of any comment and the relevant facts upon which it is based. All written comments and requests should be submitted to EPA at the above address to the attention of the Director, Water Division. Persons wishing to comment on State Certification should submit written comments within this 30 day period to the State of Alaska, Southcentral Regional Office, Alaska Department of Environmental Conservation (ADEC), 3601 'C' Street, Suite 1334, Anchorage, Alaska 99503. Persons wishing to comment on the State Determination of Consistency with the Alaska Coastal Management Program should submit written comments within this 30 day period, to the State of Alaska, Southcentral Regional Office, Office of Management and Budget, Division of Governmental Coordination, 3601 'C' Street, Suite 370, Anchorage, Alaska 99503. Comments should be addressed to the attention of Alaska Coastal Management Program Consistency Review. 6. Administrative Record The proposed NPDES permit and other related documents are on file and may be inspected at the above address any time between 8:30 a.m. and 4:00 p.m., Monday through Friday. Copies and other information may be requested by writing to the EPA at the above address to the attention of the Water Permits Section, or by calling (206) 553-8339. This material is also available from the EPA Alaska Operations Office, Room 537, Federal Building, 222 West 7th Avenue, #19, Anchorage, Alaska 99513 . FACT SHEET United States Environmental Protection Agency (EPA) Region 10 MENT & Park Place Building, 13th Floor 1200 Sixth Avenue, WD-134 Seattle, Washington 98101 (206) 553-8332 NMEN Date: September 16, 1992 Permit No.: AK-000059-1 PROPOSED REISSUANCE OF A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT TO DISCHARGE POLLUTANTS PURSUANT TO THE PROVISIONS OF THE CLEAN WATER ACT (CWA) URSIN SEAFOODS, INC. has applied for reissuance of a NPDES permit to discharge pollutants pursuant to the provisions of the CWA. This Fact Sheet includes (a) the tentative determination of the EPA to reissue the permit, (b) information on public comment, public hearing and appeal procedures, (c) the description of the current discharge, (d) a listing of tentative effluent limitations, schedules of compliance and other conditions, and (e) a sketch or detailed description of the discharge location. We call your special attention to the technical material presented in the latter part of this document. Persons wishing to comment on the tentative determinations contained in the proposed permit reissuance may do so by the expiration date of the Public Notice. All written comments should be submitted to EPA as described in the Public Comments Section of the attached Public Notice. After the expiration date of the Public Notice, the Director, Water Division, will make final determinations with respect to the permit reissuance. The tentative determinations contained in the draft permit will become final conditions if no substantive comments are received during the public notice period. The permit will become effective 30 days after the final determinations are made, unless a request for an evidentiary hearing is submitted within 30 days after receipt of the final determinations.. The proposed NPDES permit and other related documents are on file and may be inspected at the above address any time between 8:30 a.m. and 4:00 p.m., Monday through Friday. Copies and other information may be requested by writing to EPA at the above address to the attention of the Water Permits Section, or by calling (206) 553-8332. This material is also available from the EPA Alaska Operations Office, Room 537, Federal Building, 222 W. 7th Avenue, #19, Anchorage, Alaska 99513. Page 2 Technical Information Applicant Ursin Seafoods, Inc. 411 Shelikof Ave. Kodiak, Alaska 99615 NPDES Permit No. AK-000059-1 Facility Contact: Martin Eaton Activity Ursin Seafoods, Inc. operates a seafood processing facility in Kodiak, Alaska. Seafood is processed year round with a maximum production of 25 short tons per day of raw seafood. The expected maximum production of each species to be processed is as follows: Species Maximum Daily Production (short tons/dav) (Pounds/Day) Salmon 25 50,000 Halibut 25 50,000 Crab 25 50,000 Bottomfish 25 50,000 Receiving Waters A. St. Paul Harbor, Alaska B. St. Paul Harbor, Alaska is classified by the Alaska State Water Quality Standards as Classes (2)(A)(1)(ii)(iii), (B)(i)(ii),(C) and (D) for use in aquaculture, seafood processing and industrial water supply, contact and secondary water recreation, growth and propagation of fish, shellfish, other aquatic life and wildlife, and harvesting for the consumption of raw mollusks or other raw aquatic life. C. The state water quality parameters which could be affected by the discharge are dissolved gas, pH, turbidity, oil and grease, residual chlorine, total suspended solids and settleable solids. Page 3 IV. Background A. The original NPDES permit was issued to Ursin Seafoods, Inc. effective June 2, 1975 and expiring May 31, 1980. The NPDES permit was reissued to Ursin Seafoods, Inc. effective April 20, 1983 and expiring April 19, 1988. Alaska Fresh Seafoods was issued their current permit, effective September 9, 1988 and expiring September 8, 1993. Ursin Seafoods, Inc. submitted a request to have their current permit revoked and reissued. On September 17, 1991 EPA received a complete NPDES permit application from Ursin Seafoods, Inc. for a permit to discharge to Near Island Channel, Alaska. B. Existing industrial treatment includes grinding seafood wastes and screening process wastewater. The screened effluent is discharged to St. Paul Hargor. The solids are collected and transported to Kodiak Reduction, Inc. (KRI). In February 1984, the reduction facility was closed, with intent to reopen after reconstruction in March 1986. During this period of inactivity, solid wastes were barged to a designated seafood dumping zone in Chiniak Bay. In March 1990, the reduction facility again closed down operations for a period of four months, wastes were again barged to the seafood dumping zone for disposal. C. Process water, obtained from the City of Kodiak, is chlorinated prior to use by Ursin Seafoods, Inc. D. Sanitary wastes are discharged to the Kodiak City municipal treatment plant. E. The facility maintains one industrial outfall line, located 75 feet from shore, at a depth of 42 feet below the water surface. Screened effluent is discharged through the outfall with a daily flow of approximately 100,000 gallons. F. Pollutants associated with the discharge are primarily conventional and include pH, total suspended solids, and oil and grease. Total residual chlorine is also a pollutant of concern because fish and inverstebrates are extremely sensitive and because process water is chlorinated prior to use by the facility. V. Basis of Limitation and Monitoring Requirements A. There are four modifications in the proposed permit which differ significantly from the previously issued NPDES permit. 1. All seafood waste shall be disposed of at a by- product reduction facility. Limited access to the ocean dumping zone is provided for the following: Page 4 a. Waste which is unsuitable for by-product recovery.' b. When the by-product recovery facility is operating at maximum capacity or is closed for repair and/or maintenance and is unable to accept seafood waste. 2. When effluent limitation guidelines (40 CFR 408.202) were established the bottomfish industry in Alaska was primarily halibut, which is brought to the processing facility gutted. The product was headed and frozen and shipped out in that condition. The effluent from this process was quite low in pollutants. In the past several years a new bottomfish industry has emerged in Alaska. Halibut is no longer the dominant bottomfish species processed. Bottomfish such as cod pollock, and flatfish are harvested in large quantities. These species are usually brought to the plant whole, where the fish are mechanically butchered. Today's processing of bottomfish involves more extensive butchering and mechanization, therefore it has been determined that Non-Alaskan Mechanized Bottomfish Processing (40 CFR 408.222) more accurately reflect current seafood processing operations. 3. Monitoring residual chlorine is required to assess the impacts of this pollutant in the receiving environment. 4. Not grinding seafood wastes prior to screening was a requirement of the previous permit. To clarify the intent of this requirement the wording has been modified to the following: Seafood wastes shall not be pulverized, ground, chopped or otherwise altered prior to screening. B. The effluent limitations for screened wastewater from finfish processing are based on Alaskan Hand Butchered Salmon Processing (40 CFR 408.162), Non-Remote Alaskan Whole Crab & Crab Section Processing (40 CFR 408.62), Non-Alaskan Mechanized Bottomfish Processing (40 CFR 408.222), and Alaskan Bottomfish Processing guidelines (40 CFR 408.202). When more then one species is processed on a sampling day, the effluent limitation for that day is based on the proportion of each species processed. Variable monthly limits are also based on the proportion of each species processed. EPA has determined that this method of determining a variable limit is appropriate, since EPA guidelines (40 CFR 408) are expressed in terms of pounds of pollutant per 1000 pounds of raw product processed. The method to determine the variable limitations and an example calculation are included in Attachments 1 and 2 of the permit. Page 5 C. No grinding of seafood wastes prior to screening is a best management practice which carries out the intent of the Clean Water Act of reducing the amount of pollutants entering the receiving waters. D. Limitations on pH, visible environmental impacts, and receiving water accumulations of seafood wastes are based on Alaska State Water Quality Standards. These standards apply to all discharges from.the facility, including process and non-process waters. E. Monitoring is required pursuant to 40 CFR 122.44 (i) and is necessary for determining compliance with permit effluent limitations and to evaluate potential water quality impacts resulting from the discharge. Monitoring frequencies are based on the Agency's determination of the minimum sampling required to adequately monitor facility performance. Monitoring results will be reported in monthly Discharge Monitoring Reports. F. Total residual chlorine monitoring of process wastewater is required in the proposed permit. Process water is chlorinated prior to use in processing operations for disinfection purposes. Monitoring of residual chlorine in the effluent is required to assess the impacts of this pollutant in the receiving environment. G. Processing records are necessary to characterize the type and amount of pollutants discharged to St. Paul Harbor. VI. Other Requirements A. Non-process wastewater may be discharged through conveyances other than outfall 001. These include cooling water, boiler water, fresh water pressure relief discharges, and water used in live tanks. This authorization is based on the characteristics of the wastewater from these activities. These waters are expected to contain relatively minor concentrations of conventional pollutants (TSS, BOD, oil and grease) and small quantities of solids, and are not expected to adversely affect the receiving waters. Page 6 B. Dive surveys in Petersburg (EPA, 1987) and Kodiak (EPA, 1988) have documented water quality impacts from seafood processing wastes. In Kodiak, divers observed the presence of anoxic sediments, waste accumulations, and bacterial layers over a large area (at least 75 meters in length) at the mouth of Gibson Cove. )Based on these findings, an annual dive survey is required in this permit in order to determine compliance with state water quality standards as well as the extent of the impacts on the receiving water due to the discharge of seafood wastes. The dive is scheduled at the end of the salmon processing season, which is the maximum production period. C. The proposed permit requires all collected solids to be disposed of at a reduction facility. Halibut heads, shellfish waste and other EPA approved seafood waste, which are unsuitable for by-product recovery, may be disposed of at the ocean dumping zone. The permittee may dispose of collected solid waste at the ocean dumping zone provided certification is received from the by-product reduction facility stating the facility is operating at maximum capacity or is closed for repair and/or maintenance and is unable to utilize additional seafood waste. This requirement is necessary to insure maximum recycling of finfish waste and to facilitate accurate monitoring of the ocean dumping zone. D. Notification of changes in processing capacity is required to assure that the EPA and ADEC are notified of any potential increases in the amount of pollutants being discharged. This will allow an evaluation of the impact of the increased pollutant loading on the receiving waters. E. The re-opener clause, Part I.B.8 of the permit, is required pursuant to 40 CFR 122.62. F. Compliance with Alaska Water Quality Standards is a required condition of the permit pursuant to Section 301 of the Clean Water Act. G. The majority of NPDES permits for the seafood processing industry in Kodiak, Alaska expire January 30, 1997. In order to get Ursin Seafoods, Inc. on the same permitting cycle the terms and conditions of this permit shall be effective until January 30, 1997. OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION ZSOUTHCENTRAL REGIONAL OFFICE 3601 "C" STREET, SUITE 370 ANCHORAGE, ALASKA 99503-2798 PH: (907) 561-6131/FAX: (907) 561-5134 CERTIFIED MAIL RETURN RECEIPT REQUESTED December 9, 1992 Mr. Martin Eaton Ursin Seafoods, Inc. 411 Shelikof Way Kodiak, Alaska 99615 Dear Mr. Eaton: El CENTRAL OFFICE P.O. BOX 110030 JUN EAU, ALASKA 99811-0030 PH: (907) 465-3562/FAX: (907) 465-3075 WALTER J. NICKEL, GOVERNOR c T2 El NORTHERN REGIONAL OFFICE 675 SEVENTH AVE., STATION I-I FAIRBANKS, ALASKA 99701-4596 PH: (907) 451-2818/FAX: (907) 451-2814 SUBJECT: PROPOSED CONSISTENCY DETERMINATION STATE I.D. NUMBER AK921112-05A Ursin Seafoods, Inc. NPDES Reissuance AK-000059-1 The Division of Governmental Coordination (DGC) is currently coordinating the State's review of your project for consistency with the Alaska Coastal Management Program (ACMP) and has developed this proposed consistency finding based on reviewers' comments. The project is to reauthorize a discharge from a seafood processing facility to receiving waters in Near Island Channel located in Kodiak, Alaska. This proposed consistency finding, developed under 6 AAC 50, applies to the following State and federal authorizations: ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION - Section 401 Water Quality Certification ENVIRONMENTAL PROTECTION AGENCY - National Pollutant Discharge Elimination System (NPDES) Permit (AK-000059-1) Based on the review of your project by the Alaska Departments of Natural Resources (DNR), Environmental Conservation (DEC), Fish and Game (DFG), and the Kodiak Island Borough, the State concurs with your certification that the project is consistent with the ACMP provided the following conditions are met: 1. Part I.B.4.C.(2) of the permit shall changed to read as follows: 01-A35LH COMMUNiTY DEVELOPMENT _ -Pilated_cggP8Magau.b4 Ursin NPDES Reissue 2 December 9, 1992 All wastes must be ground prior to disposal at the ocean dumping zone, commencing within 30 days of the issuance of this modified NPDES permit, the barge operator will compile the following information on a trip -by -trip basis. a. Time of departure from last dock. - = Names =o facilities from -wh eh- materriai — was collected. c. Volume to be- discharged (in cubic yards) and the principal fish species. d. Longitude and latitude of the locations at the beginning and ending of the dumping (as determined by Loran). e. Wind direction and speed at the dumping location. f. Tide and current direction at the dumping location. This information will be retained by the barge operator and will be made available to ADEC upon request. The intent of this information collection is to determine'the best dumping location depending on the weather and sea conditions that will preclude any shoreline deposits -cif -wish - waste--- disposed ---o-f a —the ----° ocean dump zone. RATIONALE: The purpose, of this modification of the NPDES permit is to cover the.processing of the pollock into surimi. This activity will introduce a waste. component (livers) that, because of' its nature, has caused shoreline accumulations to oceur at other surimi production facilities within the State when all fish waste is not processed into fish meal. The fish meal plant located in Kodiak (Kodiak Reduction Inc.) cannot at this time process all fish wastes into fish meal due to the lack of capacity and frequent mechanical problems. These problems result in the Ursin NPDES Reissue 3 December 9, 1992 continued use of the ocean dumping zone and will not be corrected until the new fish meal plant under consideration is constructed in Kodiak. There have been several instances in the past which ADEC has documented where shoreline accumulations of pollock livers has occurred on beaches near the Kodiak designated ocean dumping zone. These stipuration-S-are iteceSsary-to ensure that 'State of Alaska Water Quality Standards are met, by precluding the disposal of waste materials that are known to float at the .dumping zone. Copies of the pertinent ACMP Standards and-policies are enclosed. Please contact me within five days of your receipt of this proposed finding to indicate whether or not you concur with this finding. If you are not prepared to concur within the five-day period, you may either: a) request an extension of the review schedule, if you need more time to consider this finding, or b) request that the State reconsider, this finding, by submitting a written statement requesting 'elevation of the finding, describing your concerns, and proposing an alternative consistency finding. This alternative finding must demonstrate how your project is consistent with the referenced standards of the ACMP and district policies without the stipulations included in this proposed finding. If I do not receive your request for extension or an elevation statement from you, or any other reviewing party with elevation rights as per 6 AAC 50.070(j), within five days of receipt of this letter, this proposed finding will be issued as a final conclusive consistency determination. Please be advised that although the State has found your project consistent with the ACMP, based on your project description and any stipulations contained herein, you are still required to meet all applicable State and federal laws and regulations. Your consistency determination may include reference to specific laws and regulations, but this in no way precludes your responsibility to comply with other applicable laws and regulations. If you have questions regarding this process, please contact me at 561-6131. Ursin NPDES Reissue Enclosures 4 December 9, 1992 Sincerely, j104ff2 Faye E. Heitz t/ Project Review Coordinator cc: Linda Freed, Kodiak Island Borough Larry Bullis, DNR, DOL Robert Dolan, DEC C. Wayne Dolezal, DFG, Hab. Div. Michele Jesperson, DNR, SHPO Kathleen Collins, EPA, Seattle STATE OF ALASKA DIVISION OF GOVERNMENTAL COORDINATION STANDARD OF THE ALASKA COASTAL MANAGEMENT PROGRAM 6 AAC 80.140. AIR, LAND, AND WATER QUALITY Notwithstanding any other provision of this chapter, the statues pertaining to and the regulations and procedures of the Alaska Department of Environmental Conservation with respect to the protection of air, land, and water quality are incorporated into the Alaska Coastal Management Program and, as administered by that agency, constitute the components of the coastal management program with respect to those purposes. APF Authority: - AS 44.19.893 AS 46.40.040 sh11 /15 SOUTHCENTRAL REGIONAL OFFICE 3601 C ST., SUITE 1334 ANCHORAGE, AK 99503 Martin Eaton Ursin Seafoods Inc. 411 Shelikof Way Kodiak, AK. 99615 Dear Mr. Eaton: RE: NPDES Permit No. AK-000059-1 Kodiak Plant (907) 563-6529 November 23, 1992 OFFii•Z uF iviANAREMENT & BUDGET NOV 2 3 1992 GOVERN MENTAL COORDINATION In accordance with Section 401 of the Clean Water Act of 1977 and provisions of the Alaska Water Quality Standards, the Department of Environmental Conservation is issuing the enclosed Certificate of Reasonable Assurance for the proposed discharge from Ursin Seafoods Inc. located in Kodiak, AK. This department action represents only one element of the overall project level coastal management consistency determination issued by the Office of Management and Budget under AS 44.19 and 6 AAC 50.070. Department of Environmental Conservation regulations provide that any person who disagrees with any portion of this decision, may request an adjudicatory hearing in accordance with 18 AAC 15.200-920. The request should be mailed to the Commissioner of the Alaska Department of Environmental Conservation, 410 Willoughby Ave., Suite 105, Juneau,AK, 99801-1795. Please send a copy of any such requests to the undersigned. You are reminded that, even if an adjudicatory hearing has been requested and granted, all permit conditions remain in full force and effect. Failure to submit a hearing request within thirty days of receipt of this letter shall constitute a waiver of that person's right to judicial review of this decision. By copy of this letter we are advising the Environmental Protection Agency and the Division of Governmental Coordination of our actions and enclosing a copy of the certification for their use. Sincerely, Svend Brandt-Erichsen Regional Administrator RD/ji (SCRO/WWT)Ursin.401 Enclosure cc: ADF&G, Anchorage EPA, Alaska Operations SCDO/DNR, Anchorage Western District Office Deena Henkins, ADEC/Juneau Kodiak Field Office NMFS F&WS OMB/DGC, Anchorage Kathy Collins, EPA Region X, Seattle Elaine Pistoresi, ADEC/SCRO 41, r. STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION CERTIFICATE OF REASONABLE ASSURANCE A Certificate of Reasonable Assurance, as required by Section 401 of the Clean Water Act, has been requested by Ursin Seafoods Inc. The proposed activity is located at Kodiak, AK. Public notice of the application for this certification has been made in accordance with 18 AAC 15.180. Water quality Certification is required for the proposed activity because the activity will be authorized by an Environmental Protection Agency permit identified as NPDES Permit No. AK-000059-1, and a discharge may result from the proposed activity. Having reviewed the application and comments received in response to the public notice, the Alaska Department of Environmental Conservation certifies that there is reasonable assurance that the proposed activity, as well as any discharge which may result, is in compliance with the requirements of Section 401 of the Clean Water Act which includes the Alaska Water Quality Standards, 18 AAC 70, and the Standards of the Alaska Coastal Management Program, 6 AAC 80., provided that the following stipulations are adhered to. These stipulations were adopted pursuant to 6 AAC 50 (Project Consistency with the Alaska Coastal Management Program) and are necessary to ensure that your project is consistent with the ACMP: 1. Part I.B.4.C.(2) of the permit shall be changed to read as follows: All wastes must be ground prior to disposal at the ocean dumping zone, commencing within 30 days of the issuance of this modified NPDES permit, the barge operator will compile the following information on a trip-by-trip basis. a. Time of departure from last dock. b. Names of facilities from which material was collected. c. Volume to be discharged (in cubic yards) and the principal fish species. d. Longitude and latitude of the locations at the beginning and ending of the dumping (as determined by Loran). • e. Wind direction and speed at the dumping location. f. Tide and current direction at the dumping location. This information will be retained by the barge operator and will be made available to ADEC upon request. The intent of this information collection is to determine the best dumping location depending on the weather and sea conditions that will preclude any shoreline deposits of fish waste disposed of at the ocean dump zone. Date _ Svend_Brandt7Erichsen Regional Administrator • OFFICE OF Int GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHCENTRAL REGIONAL OFFICE 3601 "C- STREET, SUITE 370 ANCHORAGE, ALASKA 99503-2798 PH: (907) 561-6131/FAX: (907) 561-6134 01-A35LH 0 CENTRAL OFFICE P.O. BOX 110030 JUNEAU, ALASKA 99811-0300 PH: (907) 465-3562/FAX: (907) 465-3075 CERTIFIED MAIL RETURN RECEIPT REQUESTED January 14, 1993 Mr. Martin Eaton Ursin-Seafaods, Inc. Post Office Box 492 Kodiak, Alaska 99615 Dear Mr. Eaton: TER . HICKEL, GOVERNOkr-i" 0 PIPELINE COORDINATOR'S OFFICE 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907) 278-8594/FAX: (907) 272-0690 SUBJECT: CONCLUSIVE CONSISTENCY DETERMINATION STATE I.D. NUMBER AK921112-05A Ursin Seafoods, Inc. NPDES Reissuance AK-000059-1 The Division of Governmental Coordination (DGC) has completed coordinating the State's review of your project for consistency with the Alaska Coastal Management Program (ACMP). The project is to reauthorize a discharge from a seafood processing facility to receiving waters in Near Island Channel located in Kodiak, Alaska. This conclusive consistency finding, developed under 6 AAC -50, applies to the following State and federal authorizations: ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION - Section 401 Water Quality Certification ENVIRONMENTAL PROTECTION AGENCY - National Pollutant Discharge Elimination System (NPDES) Permit (AK-000059-1) Based on the review of your project by the Alaska Departments of Natural Resources (DNR), Environmental Conservation (DEC), Fish and Game (DFG), and the Kodiak Island Borough, the State concurs with your certification that the project is consistent with the ACMP provided the following conditions are met: These conditions will appear on the Certificate of Reasonable Assurance issued by DEC: JA4 9 1993 FciearT Ursin NPDES Reissue 2 January 14, 1993 1. Part I.E.4.C.(2) of the permit shall be changed to read as follows: All wastes must be ground prior to disposal at the ocean dumping zone, commencing within 30 days of the issuance of this modified NPDES permit, the barge operator will compile the following information on a trip-by-trip basis. a. Tithe ot departure froth-last dock. -- — b. Names of facilities from which material was collected. c. Volume to be discharged (in cubic yards) and the principal fish species. d. Longitude and latitude of the locations at the beginning and ending of the dumping (as determined by Loran). e. Wind direction and speed at the dumping location. f. Tide and current direction at the dumping location. This information will be retained by the barge operator and will be made available to ADEC upon request. The intent of this information collection is to determine the best dumping locatibn &Pending on the—v4eather and -sea-- conditions that will preclude any shoreline deposits of fish waste disposed of at the ocean dump zone. RATIONALE: The purpose of this modification of the NPDES permit is to cover the processing of the poliock into surimi. This activity will introduce a waste component (livers) that, because of its nature, has caused shoreline accumulations to occur at other surimi production facilities within the State when all fish waste is not processed into fish meal. The fish meal plant located in Kodiak (Kodiak Reduction Inc.) cannot •at this time process all fish wastes into fish meal due to Ursin NPDES Reissue 3 January 14, 1993 the lack of capacity and frequent mechanical problems. These problems result in the continued use of the ocean dumping zone and will not be corrected until the new fish meal plant under consideration is constructed in Kodiak. There have been several instances in the past which ADEC has documented where shoreline accumulations of pollock livers has occurred on beaches near the Kodiak designated ocean dumping zone. These stipulations are necessary to ensure that State of Alaska Water Quality Standards are met, by precluding the disposal of waste materials that are known to float at the dumping zone. This conclusive consistency determination represents a consensus between you as the project applicant and the reviewing agencies listed above as provided for under 6 AAC 50.070(k), regarding the conditions necessary to insure the consistency of the project with the ACMP. If changes to the approved project are proposed prior to or during its operation, you are required to contact this office immediately to determine if further review and approval of the revised project is necessary. The State reserves the right to enforce compliance with this conclusive determination if the project is changed in any significant way, or if the actual use differs from the approved use contained in the project description. If appropriate, the State may amend the State approvals listed in this conclusive consistency determination. Pursuant to 15-CFR 930.64(c), federal authorization of your project will be made with the full understanding that your original project proposal has been modified subject to the conditions described above. By copy of this letter, we are informing the EPA of our conclusive finding. Please be advised that although the State has found your project consistent with the ACMP, based on your project description and any stipulations contained herein, you are still required to meet all applicable State and federal laws and regulations. Your consistency determination may include reference to specific laws and regulations, but this in no way precludes your responsibility to comply with other applicable laws and regulations. Ursin NPDES Reissue. 4 January 14, 1993 If you have questions regarding this process, please contact me at 561-6131. Sincerely, Faye . Heitz Project Review Coordinator Enclosures cc: Linda Freed, Kodiak Island Borough Larry Bullis, DNR, DOL Robert Dolan, DEC C. Wayne Dolezal, DFG, Bab. Div. Michele Jesperson, DNR, SHPO Kathleen Collins, EPA, Seattle Kodiak IslandBorough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 ° PHONE (907) 486 -5736 VIA FAX 561 -6134 Faye E. Heitz, Project Review Coordinator OMB -DGC, Southcentral Regional Office 3601 C Street, Suite 370 Anchorage, Alaska 99503 -5930 RE: SID AK 921112 -05A - Ursin Seafoods NPDES AK- 000059 -1 Dear Ms. Heitz: December 3, 1992 FILE COPY The Kodiak Island Borough has reviewed the seafood processing facility discharge permit referenced above. We support the issuance of the permit as long as State water quality standards are met. For the record, the Kodiak Island Borough does not have the expertise to review the technical aspects of this permit. Seafood processing is a significant component of the economy in the Kodiak Island Borough. Based on our limited review of the draft permit, the Kodiak Island Borough recommends that the permit be found consistent with the Kodiak Island Borough Coastal Management Program (KIBCMP) and the Alaska Coastal Management Program (ACMP). If you have any questions about these comments, please call me. Sincerely, Linda L. Freed, Director Community Development Department cc: L. Bullis, ADNR K. Collins, EPA R. Dolan, ADEC W. Dolezal, ADFG MEMORAlaUM TO: Faye E. Heitz Project Review Coordinator Div. of Governmental Coordination FILE NO.: Office of Mgmt. and Budget TELEPHONE NO.: Stall! of Alaska DEPARTMENT OF FISH & GAME DATE: December 2, 1992 FROM: C. Wane Dolezal Habitat Biologist Region II Habitat and Restoration Division Department of Fish and Game 267-2284 SUBJECT: Ursin Seafoods, Inc. Kodiak Facility Renewal of NPDES AK-000059-1 SID AK921112-05A The Alaska Department of Fish and Game (ADF&G) has reviewed the proposed permit renewal for the seafood processing wastewater discharge project referenced above. The project entails the treatment of wastewater prior to discharge using fine mesh (1 mm) I screen without grinding or equivalent technology. We understand that under terms of the permit seafood wastes shall not be pulverized, chopped, ground or otherwise altered prior to screening. This project was previously reviewed under SID AK880721-10A. We have no objection to the project as proposed. Pursuant to 6 AAC 80.010(b), the ADF&G recommends that this project be found consistent with the Standards of the Alaska Coastal Management Program and the Kodiak Island Borough Coastal Management Program. We appreciate the opportunity to comment. If you have any specific questions, please contact me at 267-2333. cc: R. R. P. L. L. L. R. R. Thompson, ADNR/DL Dolan, ADEC Probasco, ADF&G Schwarz, ADF&G White, ADF&G Freed, KIB Morris, NMFS Meehan, USFWS DEC 4 1992 COMMUHTY DEVELOP I " T DEPARTMENT 11 , KODIAK1,Sk,P',f\IEP p C) ROUG Comrnuny Developme-nt 2■;•,' rtZaii - -e-F4 . „ • • - ' • • — — ■,- , ;" • z1='• •-• - - 4 • 'Property OwnerfAcviicant._ NUF'f.1A-14 " =IN :14 1800 ir! a-iERSON PL SMT1R Wet /283-2722 .11.4tc tncr OF-LAND TItE2..,CT N t7 5 1 SUL". I ROV AVE 1",u Coc'e A-. RI Lt:)0000 110 Description of Existing Property,r,-,-},,tit:r-'nv:(3e-e a t t a c h e d - 20 niirn CPO w;031.- Z01`41N.2 PNucri-c2 Lot Arta • Li A& LOU Ataa /WraTatim P.evbr,d Stizr ,' -. , 2 30 -Visr -i!xs vi tINJ gee.* in, 4tt De3CTiPtiO t proposed •actiadiaw)-sivozrx_rf :; c 4e,* N/A ttadirl rsquirernert N/A Plot c-riztitli r iv4 (e43,, !Net was, sawmills, sdr-§lisimcrillefrj" eJ DI/ VI. LI. COVJ ROM kl APO OVER — _ ENCLOSE GUR BLAST-FREEZ'a Applicant Certification t° can.-sy tet I WI oxoptvOth - Fr, • hvee to rmra. itti1et0eMeer ma% tr NORTIA. TJRSIN drr chid .5.. 5elo for verCriatisa ss e; • • 11.1.11.m013.20*■40.1•4111..** ComvMy Development zap,:,,61„ by' . Fire Cef rtty Elvv. Mitrh:t r;Bz-Mieik • , , • Dilrf4vizay Parra pktzx, c 4 aorao) C,It`mt ri.7ttrsrairti:. fo.9..,,zeroMrm, ad6Ould PrOjectilm etc): NIA Ciregig1). - S*3;d5lifZIL . _ _ID_CCIVYR RI.AST__ZREEkER X.; t , t&ei allies-tat PatieatiViPoricrOss), t.6 yea: --/t)4 r. „irrerty tnIM. ' 0 1. Rilt . - 1 / AO CF,j6 04,2y0v7- 7-c ue. /7/2 /A.) P-/'4 Tic 10-AST' - ,e-7 p//3 S 9-Z3 c' way i d .f� S? �j L �1: G 4- t'L� • • -4'1749 P ,81,1)6' . t 9 - 01-A35LH SMTE itLEU OFFICE OF TILE GOVERNOR DIVISION OF GOVERNMENTAL COORDINATION SOUTHEAST REGIONAL OFFICE 431 NORTH FRANKLIN P.O. BOX A W, SUITE 101 JUNEAU, ALASKA 99811-0165 PHONE: (907) 465-3562 REGISTERED MAIL RETURN RECEIPT REQUESTED SOUTHCENTRAL REGIONAL OFFICE 2600 DENALI STREET SUITE 700 ANCHORAGE, ALASKA 99503-2798 PHONE: (907) 274-1581 August Ursin Seafoods, Inc. Attn: Mr. John Wilcomb P.O. Box 492 Kodiak, AF 99615 Dear Mr. Wilcomb: SUBJECT: .URSIN SEAFOODS, INC./NPDES RENEWAL NPDES NO. AK-000059-1 STATE I. D. NO. AK880721-10A CONCLUSIVE CONSISTENCY DETERMINATION The Division of Governmental Coordination (DGC) has completed coordinating the state's review of your project for consistency with the Alaska Coastal Management Program (ACMP). The project is to continue to discharge seafood processing wastes into St. Paul Harbor in Kodiak under a reissued National Pollutant Discharge Elimination System Permit. The facility is a shore based operation which processes salmon, crab, scallops, halibut, black cod, and other bottomfish. STEVE COWPER, GOVERNOR CENTRAL OFFICE P.O. BOX AW JUNEAU, ALASKA 99811-0165 PHONE: (907) 465-3562 NORTHERN REGIONAL OFFICE 675 SEVENTH AVENUE STATION H FAIRBANKS, ALASKA 99701-4596 PHONE: (907) 456-3084 30, 1988 nZOVt,--:r • SEP - lauww7 DEVELOPMENT _21;frirr' This consistency determination applies to the following state and federal authorizations as per 6 AAC 50: 1. Alaska Department.of Environmental Conservation (DEC) - Certificate of Reasonable Assurance. 2. U. S. Environmental Protection Agency (EPA) - National Pollutant Discharge Elimination System (NPDES) Permit No. AK-000110-4. Based on the review of your project by the Alaska Departments of Natural Resources, Environmental Conservation and Fish and Game and the Kodiak Island Borough, the state concurs with your certification that the project is consistent with the ACMP provided the following condition is met. Attn: Mr. John Wilcomb 2 Ursin Seafoods, Inc./NPDES Renewal State I. D. NO. AK880721-10A August 30, 1988 The following condition will be placed on the Certificate of Reasonable Assurance issued by DEC: 1. Part I.B.8. shall read as follows: All sanitary wastes shall be discharged to the Kodiak Municipal Wastewater Treatment Plant. The discharge of non-domestic wastewater to the city system is prohibited unless prior approval is given by the operator of that plant. This condition is necessary because it clarifies that the facility discharges the sanitary wastes to the city system, and will assist in the prevention of any upsets to the city, system which is a discharge of non-domestic wastewater might cause. Such an upset could otherwise cause the NPDES Permit of the Municipal Plant to be violated. This conclusive consistency determination represents a consensus reached between you as the project applicant and the reviewing •agencies listed above, as provided for under 6 AAC 50.070(k), regarding the conditions necessary to insure the consistency of the proposed project with the ACMP. As also provided under 15 CFR 930.64(c), federal authorization of your project will be made with the full understanding that your original project proposal has been modified subject to the conditions described above. If changes to the, approved project are proposed prior to or during its siting, construction, or operation, you are required to contact this office immediately to determine if further review and approval of the revised project is necessary. The state reserves the right to enforce compliance with this conclusive consistency determination if the project is changed in any significant way, or if the actual use differs from the approved use contained in the project description. ff appro&i- ate, the state may amend the state approvals listed in this conclusive consistency determination. By a copy of this letter, we are informing the U.S. Environmental Protection Agency of our determination. In reference to part I.C.2. of the NPDES Permit, you are advised that the correct address for the DEC Anchorage/Western District Office is 3601 'C' Street, Suite 1334, Anchorage, AK 99503, (907) 563-6775. co7/38 Attn: Mr. John Wilcomb 3 Ursin Seafoods, Inc./NPDES Renewal State I. D. No. AK880721-10A August 30, 1988 If you have any questions regarding this determination, please contact me at 274-1581. Enclosures cc: Julie Howe Sincerely, Debra Oylear Project Review Assistant Department of Environmental Conservation Wayne Dolezal Department of Fish and Game Greg Curney Department of Natural Resources Linda Freed Kodiak Island Borough Joe Roberto U. S. Environmental Protection Agency co7/38 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 August 16, 1988 Debra Oylear, Project Coordinator State of Alaska - OMB-DGC Southcentral Regional Office 2600 Denali Street, Suite 700 Anchorage, Alaska 99503-2798 Re: NPDES AK-000059-1 (Kodiak Facility) SID AK 880721-10A - Ursin Seafoods Dear Ms. Oylear: The Kodiak Island Borough has reviewed the seafood processing facilities discharge permit referenced above. We have no objection to the project as proposed as long as state water quality standards are met. The Kodiak Island Borough recommends that this project be found consistent with the Kodiak Island Borough Coastal Management Program (KIBCMP) and the Alaska Coastal Management Program. If you have any questions about these comments, please call me. Sincerely, LIL !lf-Linda L. Freed, Dir tor Community Development Department cc: W. Dolezal, ADF&G H. Geren, EPA V. Gilbert, ADNR B. Lamoreaux, ADEC J. Wilcomb, Ursin Seafoods onus or Tux seveanrovi DIVISION OF GOVERNMENTAL COORDINATION PROJECT INFORMATION SHEET- STEVE COWPDX GOVERNOR' SOUlliCENTRAL REGIONAL OFFICE -- SUITE 700 co 2600 OENAU STREET ANCHORAGE. FALAS-KE950- PHONE: (907) 274-1581 # e JUL 2 51988 • COMMUNITY - •DELIELOVI____,MEr` DEPT. STATE I.D. • NUMBER/REVIEWING OFFICE: DGC CONTACT:' AK88 07,21-11-114- APPLICANT CONDUCTING ACTIVITY:. DIRECT FEDERAL' ACTION: YES REVIEW , TYPE: CONSISTENCY • ,/ ACTIVITY TYPE: • ARMED FORCES ACTIVITIES COMMERCIAL/TYPE - LAND MGMT. PLAN MINING:::'. HARDROCK MINING PLACER MINING OFFSHORE MINING_ OIL AND GAS OTHER PUBLIC UTILITIES/FACILITIES PRIVATE RESIDENTIAL - TIMBER PROJECT: LOCATION NEAREST COASTAL DISTRICT : NO •Nc.- OCSLA NEPA OTHER FISHERIES PRODUCTION : GENERAL HATCHERY REMOTE RELEASE FISHERIES FARMS: F INF ISH SHELLFISH SEA VEGETABLES FISHERIES ENHANCEMENT FISHERIES PROCESSING 6n, PROJECT INSIDE THE DISTRICT BOUNDARY: YES DISTRICT PLAN APPROVED: YES V" NO PENDING REVIEW MILESTONES:' DAY:? REVIEW SCHEDULE: 15-Day REVIEWER REQUEST FOR ADDITIONAL INFORMATION BY: 16, /f(e COMMENTS DUE TO DGC BY: ,,2(32 )788' )C1 ?? 30-Day • 50-Day V- OTHER 01-A384,H NOTIFICATION TO APPLICANT BY: •/ 4 Vi_c,1 )9407 DECISION. DEADLINE: ) e iygg. PROJECT' PREVIOUSLY:- REVIEWED UNDER STATE ID .NO..-7301-040 .STATE 'APPReA/ALS'' (LISTI, AGENCY/APPROVAL TyPE/ I .D NUMBER). : L-lok rEI4 FEDERAL APPROVALS. (LIST,AGENCY/APPROVAL TYPE/I.D., NUMBER): EfA [090e,) Qlikaaki21 At- (Dowse( EXTENSION GRANTED FOR: FORMAL INFORMATION REQUEST PUBLIC HEARING HELD - PROJECT' IN U.0:8. FIELD REVIEW DNR DISPOSAL. • $MCRA. MISCELLANEOUS APPLICANT REQUEST UNUSUALLY COMPLEX PROJECT ELEVATION TO DIRECTORS: YES NO IF YES, BY: ELEVATION TO COMMISSIONERS: YES NO IF YES, BY: CLOCK STOPPED.: ON CLOCK RESTARTED ON WAS STOPPED. FOR ____ DAYS • ACTION AT CLOSEOUT: CLOSE-OUT DATE ACTUAL NUMBER OF DAYS IN REVIEW- DISTRICT COMMENTS RECEIVED: YES NO FOR CONCLUSIVE CONSISTENCY DETERMINATIONS:. CONSISTENT CONSISTENT WITH STIPULATIONS INCONSISTENT WITHDRAWN •=11101111■11111■111 FOR OTHER REVIEWS: COMMENTS SUBMITTED OTHER pis/prinfo DISTRIBUTION LIST July 21, 1988 [613]:. Ms. Judith Bittner, Department of Natural Resources Division of Parks, Anchorage [1350]. Mr. Tom.Brooks, Manager, Civil Engineering Alaska Railroad Corporation, Anchorage [3]. ' Mr.. Bob Flint, Department of Environmental Conservation, Anchorage • [867] Ms. Linda Freed, Kodiak ` [1220] Ms. Veronica Gilbert, Department of Natural Resources, Anchorage [268] Mr. Uwe L. Gross,"Kodiak [9] Ms.. Nancy. Holguin, Office of Management and Budget, Juneau. [1072] Mr. Neil Johannsen, Department' of Natural Resources Division of Parks, Anchorage: [303] Mr. Michael O'Brien,, Department of Transportation and Public Facilities, Anchorage, [287] Mr. Gordon Pullar, Kodiak Area Native Association, Kodiak . [371] Mr. Lance Trasky, Department of Fish and Game, Anchorage OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION.OF GOVEAJJM INTTAL COOR soumEAST REGIONAL OFF10E 431 NORTH FRANKUN POUCH AMY, SUITE 101 JUNEAU. ALASKA 99811 -0165 PHONE: (907) 4653562 SOUTHCENTRAL REGIONAL OFFICE 2600 DENAU STREET SUITE 700 • ANCHORAGE. ALASKA SHEFFIEW, GOVERNOR CENTRAL OFFICE POUCH AW JUNEAU. ALASKA 99811 -0165 PHONE: (907) 465-3562 • • • - NORTHERN REGIONAL OFFICE: 675 SEVENTH AVENUE STATION H • FAIRBANKS, ALASKA 99701 -4596 PHONE: (907) 456,3084- Certification of Consistency with the. Alaska Coastal Management Program, • Section. 307(c)(3)(A) of the Coastal Zone Management Act of 1972 as amended by 16 USC 1456(c)(3) requires that appli- cants for federal permits to conduct activities affecting land or water uses in Alaska'.s'coastal area must provide certification that the activities will comply with the standards of the Alaska Coastal Management Program. The proposed. activity described in your federal permit application may require certification. By filling out the attached coastal project questionnaire' you, together with the State's resource agencies', will not only determine the necessity for this certification, but you will also find out if other State approvals are needed before.your proposed activity can proceed. This will also assist you in filling out your federal permit application. Upon receipt of the signed, dated certification, a public . notice can be issued and review of your project can begin. For additional information on the Alaska Coastal Manage - ment Program and project review procedures, contact one of the offices indicated on this-letterhead. Please submit a signed certification and applicable State permit applications to the appropriate State agency indicated in the questionnaire. You must also submit a signed certification to the U.S. Army Corps of Engineers along with your U.S.. Army Corps permit application. CERTIFICATION STATEMENT I certify that, to the best of my knowledge and belief, the proposed activity described in the Corps of-Engineers 'permit application complies with the approved Alaska Coastal Management Program, and will be conducted in a manner consistent with such program. Attached is a copy _n of a comple ed oastal project questionnaire. 4ANAGE EICE OF BUI NT & Si tune of Applicant Date fc /permit /coe Attachment 01•A3SLH SEp 3 ©798 ORD AMT 10- * * * * * * * * * * * * * * * * * * * .PLEASE ANSWER ALL QUESTIONS.. PLEASE INCLUDE MAPS OR PLAN DRAWINGS WITH YOUR PACKET. .INCOMPLETE QUESTIONI'tlilll .MAY. BE RETURNED AND-WILL DELAY THE REVIEW OF YOUR PROJECT. PART A Applicant: (,1rs,'r, Se RA e ch- lh�. Address: Rox k d; �-.Q, .A k 99G 4) Phone (day) : (? 07) 1716 Contact Person: J 4 n Czi;) c AN. .Address: Phone (day): Brief description of project or activity -including associated facilities.. .r2athcol /cote s 5 C•'li �r, A( Starting date for project. Ending date for project • Location of Project (include nearest community or identifiable land or water body): Meridian .Township Range Section iguot. Parts USGS Map'__ Is the project on: private land' X state land . federal land municipal land- ownership not known Identify which. region of the State. the project is in (see attached map): northern southcentrar southeast PART B R t • k t ♦ e F 1. Do you currently have any State or feral approvals /permits for this project? If yes, please list below. Permit /Approval Type Permit /Approval # ,VP D �S Expiration Date Ak- .vuvos`9� 1 yf 8y, Will you be placing.structures, or.placing fills in any of the following: tidal waters, streams, lakes, wetlands *? * If you are. uncertain whether your.proposed project area is in a wetland, contact the Corps of Engineers, Regulatory Branchat, (907) 753 -2720 for a wetlands determination. Ifyou are outside the Anchorage area call toll free 1 -800- 478 -2712. If yes, have you applied for or do you intend to apply for a U.S. •Army Corps of Engineers (COE) permit? (The COE has jurisdiction over activities described above.) Please indicate in Question No. 3 below, wherryo1I: edrta the COE or when. you intend to apply. 3.. have you appliedror da you _intend' to apply for other permits from any federal-agency?" If yes-, list below:. - Oa•te you .submitted or Anna `.Permit /Approval Type• . plan to submit application * * * * * .* * * * * *. * * * * • *. *" * PART C DEPARTMENT OF NATURAL RESOURCES. I.. Is the proposed project on State -owned land or will you need to cross; 'State lands for- access? (Note:. In addition to State: owned uplands, . the .State has jurisdiction over most.lands below the ordinary high. water line of .streams, rivers, lakes, and 1 ine of -mean high tide of- the tidelands 'seaward. for three. miles.) . - . Is any. portion of your project placed below the ordinary, high water line of a stream, river, lake or other water body ?". . Will you .be dredging? If yes, location of dredging: Meridian (M) Township (T) Range (R) Section.(Sec) - Location of disposal site "for dredged material. : T R Sec Nil 1 you be fi 1 I i ng with rock, sand or gravel1 If yes,•amount? • Yes No:: Location of-source: M T . R Sec. Location of area to be filled: M T R Sec Oo you plan to use any of the following state - owned resources? Timber If yes,, amount? Location of source: M T Sec Other Materials:. If yes, what nist*+at7 pea , •u • ng sto Location of.soures: M' T 6. Are. you planning to: use any water? If yes, amount? * - • /'ro —.2d0 Source? d 1L7 kil6 Jnr fyf)y T... Will you be building or altering a dam? S. Do you plan to drill. a geothermal well? 9... Will you'be exploring for or extracting coal? 10. Will you be exploring for or,extracting minerals on state -owned land? 11. Will you be exploring. for or extracting oil and gas on state -owned land? 12. Wily you be .harvesting timber from 10 or more acres? .I3. Will you be investigating or removing historic or:archeologica' resources on State -owned lands ?. t4. Wi11 the project be located in a unit of the State Pa. System (including the Kenai River Special Management Area, State Recreation Areas, State Historic Sites, State Preserves, etc.)? IF YOU CORRECTLY ANSWERED NO TO ALL THESE QUESTIONS, YOU 00 NOT NEED APPROVAL FROM THE ALASKA DEPARTMENTUF NATURAL RESOURCES (DNR). .GO TO PART D. IF YOU ANSWERED YES TO ANY OF THESE QUESTIONS, CONTACT ONR TO IDENTIFY AND CBTAIN ANY NECESSARY APPLICATTON FORMS: pJ ove •ur•en, etc.) :Sec Yes No. If you have already contacted 0NR, are you now submi t*_i rg apc 1 i ca: cn' for permits.or approvals? ' If yes, list.ONR approvals. far 'Which y.,u ,-_ pow applying : - . Have you paid the filing fees required for the ONR permits? If you are not applying for permits, indicate the reason below: .a•_ (DNR contact) told me on (date) that no DNR approvals or permits were required for this project. Other. * * * * * * * * * * * * * * * * * *t * * * * * * * * * * * * * PART D DEPARTMENT OF FISH AND GAME,_ 1. Will you be working in a.stream, river, or lake (this includes running water or on ice;_rt thth.t a active TToodpia on islands, • the face of the banks, or the,_stream tideflats down to mean low tide)? Name of stream or river- Name of lake If no, go to questfion number 3. 2. If yes, will you be doing any of the following: a) Building of a dam, river training structure or instream impoundment? b) Using the water? c) Diverting or altering the natural channel stream? d) Blocking: or damming the stream (temporarily or permanently)? e) Changing the flow of the water or changing the bed? f)- Pumping water out of the stream or lake? g) Introducing silt, gravel, rock, petroleum products, debris, chemicals, or wastes of any type into the water? h) Using the stream as a road (eren when frozen), or crossing the stream with tracked or wheeled vehicles, log-dragging or excavation equipment (backhoes, bulldozers, etc.)? i) Altering or stabilizing the banks? j) Mining or digging.in the beds or banks? k) Using explosives? 1) Building a bridge (including an ice bridge)? ) Installing a culvert or other drainage structure? n) Constructing a weir? . Is your project located in a State Game Refuge, Critical Habitat Area, or State Game Sanctuary? Does your project include the construction and operation of a salmon hatchery? Does your project affect or is it related to a previously permitted salmon hatchery? IF YOU CORRECTLY ANSWERED NO TO ALL THESE QUESTIONS, YOU DO NOT NEED A PERMIT FROM THE ALASKA DEPARTMENT OF FISH AND GAME (DFG). GO TO PART E. IF YOU ANSWERED YES TO QUESTIONS 1 -3, CONTACT THE REGIONAL HABITAT DIVISION OFFICE 147- IDENTIFY AND OBTAIN ANY NECESSARY APPLICATION FORMS. Yes No -5- IF YOU ANSWERED YES TO QUESTIONS 4-5, CONTACT THE PRIVATE NONPROFIT HATCHERY OFFICE AT P.R.E.D. DIVISION HEADQUARTERS TO OBTAIN INFORMATION • AND ANY NECESSARY APPLICATIONFORMS. Yes No . -- If you have already contacted DFG, are you now submitting an application . - for permit(s)? , If yes*, list DFG approvals for which you are now • applying: If you are not applying for permits, indicate the reason below: . a. (DFG contact) told me on (date) . that no DFG approvals or permits were required for this project. b. Other. * * * * ** tr,*"* * * * * * * * * * * * * * *-* * PART E DEPARTMENT OF ENVIRONMENTAL CONSERVATION 1. Will a discharge of wastewater from industrial or commercial .operations occur? • 2. Will your project generate air,emissions from the follow(ng: a) Diesel generators totaling more than 10,000.hp? b) Other fossil fuel -fired electric generator, furnace, or..boiler -totaling greater than 10,000 hp, or 9,000kw, or 100,000,000 btu/hr? c) Asphalt plant? d) Incinerator burningmore than 1000 lbs. per hour? e) Industrial process? • • Will a drinking water supply be developed that serves more than a single-family residence? 4. Will you be processing seafood? S. Will food service be provided to the public or workers? 6. Will the project result in dredging or disposal of fill in wetlands or placement of a.structure in waterways? (Note: If you are applying to the Corps of Engineers for a permit for this activity, the Corps will automatically request certification from DEC.) 7. Is on-lot sewage'or greywater disposal involved or necessary? 8. Will your project result in the development of a currently unpermitted facility for the disposal of domestic or industrial solid waste? 9. Will your project require offshore drilling or vessel transport of oil, or other petroleum products as cargo, or include onshore facilities with an effective storage capacity of greater than 10,000 barrels of such products? . - - • •■■■■•■■■■■•... •••■•11111011■1111.■ 011■11111110 •■••■11111111!■•■■ 10.. Will .your project require the application of oil or pesticides to the surface of the;land? IF YOU CORRECTLY ANSWENEO NO TO ALL THESE QUESTIONS, YOU DO NOT NEED A PERMIT OR OTHER APPROVAL FROG THE—XLASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC). GO TO PART F. IF YOU ANSWERED YES TO ANY OF THESE QUESTIONS (SEE CLARIFYING NOTE IN NO. 6, ABOVE). CONTACT THE DEC i`IONAL OFFICE TO IDENTIFY AND OBTAIN ANY NECESSARY APPLICATION FORMS. If you have already contacted the Alaska Department of Environmental Conservation, are you now _submitting an application for permit(s)? If yes, list the permits for which you are now applying: 6\ C If you are not applying for permits, indicate the reason below: (DEC contact) told me on (date) tfat no DEC approvals or permits were required for this project. Other. * * * * * * * *. * * * *. * * * * *..* PART F To the be of my knowledge, this information is accurate and complete. 7'9 17 Sig /. Date TO COMPLETE YOUR PACKET, PLEASE ATTACH YOUR STATE PERMIT APPLICATIONS AND COPIES OF YOUR -FEDER APPLICATIONS, TO THIS QUESTIONNAIRE. PLEASE SUBMIT YOUR PACKET AS INDICATED ON PAGE ONE. .- x cp questionnaire /PERMIT 14 ‘losro .) s 14 REPLY TO ATTN OF: WD-134 U.S. EN1.-1ilONMENT-AL. PROTECTION AGEt REGION 10 1200 SIXTH AVENUE SEATTLE, WASHINGTON 98101 Zit 1 9 to CERTIFIED MAIL - RETURN RECEIPT REQUESTED Bill H. Lamoreaux, Regional Supervisor Southcentral Regional Office Alaska Department of Environmental Conservation 3601 "C" Street - Suite 1350 Anchorage, Alaska 99503 Re: NPDES Permit No. AK-000059-1 Ursin Seafoods, Inc. (Kodiak facility) Dea .401 NACV 1\11.1•13114N1:1B A00 •Ina 0 Z "IfIr Maya /I 1%3106\11411M 40 331440 Enclosed for your information are copies of a draft National Pollutant Discharge Elimination System (NPDES) Omit which we propose to reissue to the referenced facility, the public notice as it will appear in the local newspaper, and a fact sheet which outlines the basis for the permit. This initiates the 60-day period for state certification action as provided by 40 CFR 124.53. Final action on this permit cannot be taken until your agency has granted or denied certification under 40 CFR 124.55, or waived its right to certify. After the close of the public comment period, we will send a copy of the proposed final permit for use in completing certification action. The state will be deemed to have waived its right to certify unless that right is exercised within 30 days of the receipt of the proposed final permit. Technical questions regarding the permit may be referred to Joe Roberto at (206) 442-1669. Sincerely, Harold E. Geren, Chief Water Permits and Compliance. Branch Enclosures cc: Office of Management and Budget, Anchorage U.S. E _;IRONMENTAL PROTECTION AGE X REGION 10 0 EP Sro J14 e 4, 1200 SIXTH AVENUE ill; eh .-ro SEATTLE, WASHINGTON 98101 1 g tkir4 u.1 o v e• .‘4) +). JUL 1 9 meg 44 pROlt•C' . REPLY TO ArrN OF: 'WD-134 CERTIFIED MAIL - RETURN RECEIPT REQUESTED John Wilcomb, Plant Manager Ursin Seafoods, Inc. P.O. Box 492 Kodiak, Alaska 99615 Re: NPDES Permit No. AK-000059-1 (Kodiak facility) Dear Mr. Wilcomb: Enclosed for your information are copies of a draft National Pollutant Discharge Elimination System (NPDES) permit which we propose to reissue to the referenced facility, the public notice as it will appear in the local newspaper, and a fact sheet which outlines the basis for the permit. The Public Notice initiates a 30-day public comment period. Following the close of the public comment period, we will consider the comments received in preparation of the final permit. Technical questions regarding the permit may be referred to Joe Roberto at (206) 442-1669. Sincerely, Harold E. Geren, Chief Water Permits and Compliance Branch Enclosures cc: Alaska Department of Environmental Conservation, Anchorage Office of Management and Budget, Anchorage. r_Th Permit No AK- 000059 -1 Application No.: AK- 000059 -1 - United States Environmental Protection Agency Region 10 . 1200 Sixth Avenue Seattle, Washington 98101 AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.; the "Act "), Ursin Seafoods,'Inc. is authorized'to discharge from a facility located in Kodiak, Alaska, to receiving waters named St. Paul Harbor, in accordance with discharge point(s), effluent limitations, monitoring requirements and other.. conditions set forth herein. This permit shall become effective This permit and the authorization to discharge shall expire at midnight, Signed this day of Director, Water Division, Region 10 U.S. Environmental Protection Agency DRAFT July 20, 1988 Pays` 2 of 18 Permit No.: AK- 000059 -1 TABLE OF CONTENTS Cover Sheet -- Issuance: and Expiration Dates I. Effluent - Limitations and Monitoring Requirements A. Specific Limitations and Monitoring Requirements B. Other Requirements C. Schedule of Compliance D. Definitions II. Monitoring, Recording and Reporting Requirements A. Representative Sampling B. Monitoring Procedures C. Reporting of Monitoring Results 0. Additional Monitoring by the Permittee E. Records Contents F. Retention of .Records G. Twenty -four Hour Notice of Noncompliance Reporting H. Other Noncompliance Reporting. I. Inspection and Entry J. Compliance Schedules . Compliance Responsibilities A. Duty to Comply. 8. 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. Removed Substances G. Bypass of Treatment Facilities H. Upset Conditions I. Toxic Pollutants. IV. General Requirements A. Changes in Discharge of Toxic Substances B. Planned Changes C. Anticipated Noncompliance D. Permit Actions E. Duty to Reapply. F. Duty to Provide.Information G.' Other Information H. Signatory Requirements I..' Availability of Reports J. Oil and Hazardous Substance Liability. K. Property Rights L. Severability M. Transfers • N. State Laws DRAFT Page 3 of 18 Permit No.: AK- 000059 -1 I. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS A. Specific Limitations and Monitoring Requirements. 1 -. During-the period beginning on the effective date of this permit and lasting through the expiration date, the perms -ttee is authorized to discharge process wastewater to St. Paul- Harbor from outfall 001. Treatment of wastewater prior to discharge shall be accomplished through the use of fine mesh screening (1 mm) without grinding, or equivalent technology. a. Such discharges shall be limited as specified below: Seafood Product Discharge Limitations Daily Average Total Suspended Oil & Oil & Solids (TSS) Grease TSS Grease. Daily Maximum Salmon -Hand Butchered including fresh /frozen whole (lbs /1,000 lbs raw salmon) • Whole Crab and.Crab- Section .. (lbs /1-,000 lbs raw crab) 1.6 0.19 2.6 3.9 0.42 12 Alaskan Scallop 1.4 (lbs/1000 lbs raw scallops) Alaskan Bottomfish 1.9 (Includes Sole, Halibut, and other Bottomfish) r (lbs /1,000 lbs raw bottomfish) 0.24 6.6 0.56 0.31 7.7 3.1 4.3 b. The total discharge of TSS from outfall 001 shall be limited to a daily average of 912 lbs /day and a daily maximum of 2,193 lbs /day. The total discharge of oil and grease shall be limited to a daily average of 149 lbs /day and a daily maximum of 897 lbs /day. Note: Two sets of loading limitations are applicable to the discharge. One limitation is that associated with Part I.A.1.a. of this permit and includes the pollutant discharge specifications (processing efficiency) expressed as lbs/1,000 lbs for each type of seafood product. The second is the maximum allowable discharge specified in Part I.A.1.b. of this permit. The discharge shall not exceed the more stringent of these two limitations. DRAFT Page 4 of 18 Permit No.: AK- 000059 -1 c. All monitoring calculations (see Attachment 1) shall be included with monthly monitoring reports. d. .The pH shall not be less. than 6.5 standard, units nor greater than 8.5 standard units. e. There shall be no discharge of floating solids, visible " foam or oily wastes which produce a sheen on the surface of the receiving water. f. Discharges shall be monitored by the permittee as specified below: Units of Parameter .Measure Monitoring Frequency Sample Type Flow : mgd Continuously - -- 'TSS mg /1 One /week 24 -Hour Composite Oil and Grease mg /1. One /week Grab. Settleable Solids mg /1 One /week 24 -Hour Composite pH Standard One /week Grab units Total Chlorine Residual mg /1 One /week Grab - Quantity of Raw Product Pounds One /week, on day - -- processed for each of above sampling product listed.in Part I.A.1.a Estimated Quantity of ' Pounds Estimated Seafood Disposed via the seafood dumping zone.' Estimated Quantity of Pounds Estimated Seafood Disposed via the reduction facility. g. Production shall be measured during the same period the 24 -hour composite samples are collected. Pollutant loading values shall be calculated and reported in units of lbs /day. See the sample calculations in Attachment 1. The Quantity of Raw Product Processed and the estimated. Quantity of Seafood Disposed shall be reported with each Discharge Monitoring Report (DMR) for the period covered by such DMR. Samples taken in- compliance with the monitoring requirements specified above (Part I.A.I.f.) shall be collected after treatment and prior to discharge from outfall 001. DRAFT Page 5 of 18 Permit No.: AK-000059-1 h. In the event the permittee is.tempotarily unable to dispose of collected seafood. waste by.meas of by-product recovery,.the permittee may dispose of said waste in the seafood dumping zone identified in Figure. 1 of this permit, pursuant to the Marine Protection Research and Sanctuaries Act of 1972 (Public Law-92-532). The-Zone is generally bordered by the Base Line to the east and the . fifty (50) fathom line plotted on U.S. Coast and Geodetic Survey' Map No_ 8584.. The EPA and the local U.S. Coast Guard_office shall be notified by telephone at least four hours prior to the occurrence of any dumping of any seafood waste. • The Director may modify the location of the'dumping zone or the.provisions under which the wastes are dumped (i.e. Mandatory grinding-to 1/2 inch prior to dumping) if the . wastes are creating an environmental concern; creating a, nuisance or violating state water quality standards. - The permittee shall repOrt in the DMR the percentage of Monitoring results for TSS and Oilic Grease which are in - compliance with the calculated permit limits for the month- in question. The percentage shall be Calculated as the sum of TSS and Oil & Grease results that are in compliance, divided by the total number of results. Note: Both daily maximum and daily average values constitute individual monitoring results. B. Other Requirements 1.* Inspection Program The permittee shall develop and institute a comprehensive inspection program, in accordance with the schedule set forth in Part to facilitate proper operation.and maintenance of,the waste disposal system, including-the outfall line. The inspections should be conducted daily-during the seafood - processing season_ The permittee shall maintain records of all information resulting from any inspections. The inspection report shall include, but is not-limited to, an evaluation of the .condition of waste flumes,- storage'tanks, floor drains, waste totes, and outfalls. 2. Waste Disposal Practices The permittee shall develop a plan in accordance with ' - Part I.C.1.,which details procedures to be implemented for proper_alternate disposal of collected seafood waste in the . event the primary.waste.disposal method (i.e. reduction plant, barging) is not available, - Any discharge of wastewaters to , - St. Paul Harbor or Near Island Channel that does not meet permit effluent limitations is not an alternative. DRAFT Page 6 of 18 Permit No.: AK-000059-1 3.. Analytical Techniques For the purposes of.this permit, laboratory procedures. and , analytical techniques shall-comply with 40 CFR 136. Any.- - ~ variation from these procedures shall receive prior written approval from EPA. All samples shall be identified and results recorded in ConformanceWith Part LA.l.f. 4. Harvest Reports • The permittee shall submit with theii-Smonitoring report, as indicated ift.Part II.C., harvest records, indicating the quantity and type of end product produced (e.g. frozen sections, canned meat, frozen whole) as well as the quantity and type of raw seafood processed for each individual-day that samples are taken for reporting. The quantities shall be expressed in pounds - - S. . Toxic Discharges All disinfectants, sanitizers,:cleaning solUtions,:and pesticides shall be used in a way such thac solutions are not .discharged-in toxic amounts.' 6. , Reopener Clause Upon promulgation of effluent-limitation guidelines applicable . to this facility the permit-shall be modified, if the guidelines contain timits,different from those-contained in this permit:. If there is evidence indicating potential Or realized impacts on water quality due to the discharge of seafood processing wastes, the permit may be modified to include different effluent limitations and/or additional Monitoring.requirements 7. All discharges shall .be in compliance with Alaska Water Quality Standards-(18 AAC 70). 8. All Sanitary•wastes shall be discharged to he Kodiak Municipal Wastewater.Treatment Plant. - C. Schedule of Compliance. 1. The permittee shall achieve compliance with permit requirements in accordance with the following schedule: a. Develop a plan describing alternative waste disposal methods, as specified in Part I.13.2. The permittee shall submit to EPA and the Alaska Department of Environmental Conservation (ADEC), a written report of this plan within 30 days from the effective date of the permit. b. Develop a comprehensive waste disposal system inspection program, as specified in Part within 30 days from the effective date of the permit. DRAFT Page 7 of 18 Permit No.: AK- 000059 -1 Institute the waste disposal inspection program, as specified in Part I.B.1., within 60 days from the effective date of the permit. 2. ' The permittee shall, within 24 hours, notify EPA and ADEC's Anchorage /Western District Office at 437 "E Street, 2nd Floor, Anchorage, Alaska 99501, (907) 274 -2533 of any discharge of toxic substances. D. Definitions. - 1. "Average monthly discharge limitation" means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. 2. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. 3. "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. A. "Grab" sample is a single sample or measurement taken at a specific time or over. -as short a period of time as is feasible. 5. "Maximum daily discharge limitation" means the highest allowable "daily discharge." 6. "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. 7. "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. - DRAFT PatL_,-, 8 of 18 Permit No.: AK-000059-1 8.. A "24-hour composite" sample shall mean a flow-proportioned mixture of not less than 8 discrete aliquots. .Each aliquot shall be a grab sample of not less than 100 ml and shall be collected.and stored in accordance with procedures prescribed in the most recent edition of Standard Methods for the Examination of Water and Wastewater. II. MONITORING, RECORDING AND REPORTING REQUIREMENTS A. Representative Sampling. Samples taken in compliance with the monitoring requirements established under Part I shall be collected from the effluent stream prior to discharge into the receiving waters. Samples and measurements shall be representative of the volume and nature of the monitored discharge. B. Monitoring Procedures.. Monitoring must be conducted according to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified in this permit. C. Reporting of Monitoring Results. Monitoring results shall be ' summarized each month on the Discharge Monitoring Report (DMR) form (EPA No. 3320-1). The reports shall be submitted monthly and are to be postmarked by the 10th day of the following month. Legible copies of these, and all other reports, shall be signed and certified in accordance with the requirements of Part IV.H., Signatory Requirements, and submitted to the Director, Water Division and the State agency at the following addresses: original to: United .States Environmental.Protection Agency (EPA) Region 10 1200 Sixth Avenue, WD-135 Seattle, Washington 98101 copy to: Alaska Department of Environmental Conservation (ADEC) Southcentral Region 3601 "C" Street, Suite 1350 Anchorage, Alaska 99503 DRAFT Page 9 of 18 Permit No.: AK- 000059 =1 D. Additional Monitoring by the Permittee. If the permittee monitors any pollutant more frequently than required by this permit, using test procedures approved under 40 CFR 136 or as specified in this permit, the results of this monitoring shall be . included in the calculation and reporting of the data submitted in the DMR. increased frequency shall also be indicated. E. Records Contents. Records of monitoring information shall include: 1. The date, exact place, and time of sampling or measurements; 2. The individual(s) who performed the sampling or measurements; 3. The date(s) analyses were performed; 4. The individual(s) who performed the analyses; 5. The analytical techniques or methods used; and 6. The results of such analyses., F. Retention of Records. The permittee shal l retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended by request of the Director or ADEC at any time. Data . collected on- site, copies of Discharge. Monitoring Reports, and a copy of this NPDES permit must be maintained on -site during the duration of .activity at the permitted location. -G. Twenty -four Hour' Notice of Noncompliance Reporting. 1. The following occurrences of noncompliance shall be reported by telephone within 24 hours from the time the permittee becomes aware of the circumstances: a. Any noncompliance which may endanger health or the environment; b. Any unanticipated bypass which exceeds any effluent limitation in the permit (See Part III.G., Bypass of Treatment Facilities.); c. Any upset which exceeds any effluent limitation in the permit (See Part III.H., Upset Conditions.); or d. Violation of a maximum daily discharge limitation for any of the pollutants listed in the permit to be reported within 24 hours. DRAFT ( ) Pag / 10 of 18 ,Permit No.: AK- 000059 -1 2. A written submission shall also be provided within five days .of.the. time that the permittee becomes aware of the ' - .circumstances. The written submission shall.contaln: A description. of the noncompliance and, its cause; . 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 Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a- case -by -case basis if the oral report has been received 'within 24 hours by the Water Compliance Section in Seattle, Washington, _by phone; (206) 442 -1213. 4. Reports. shall be submitted to the addresses 'in Part Reporting of Monitoring-Results. H. Other Noncompliance Reporting. Instances of noncompliance not required to be reported within 24-hours shall be reported at the.. time that monitoring reports for Part II.C. are submitted. The reports shall contain the information listed in Part I. Inspection and Entry. The permlttee shall -allow the Director, ADEC, or an authorized representative,_ upon the-presentation of credentials and other documents as may be required by law, to: 1.- Enter upon the 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 compl'lance or as otherwise authorized by the Act, any-substances or parameters at any location. Compliance Schedules. - Reports of compliance or noncompliance with,= or any progress reports on'interim and final requirements contained in any Compliance Schedule of this permit (Part I) shall be submitted no later than 10 days following each schedule date. - DRAFT Page'' 11 of 18 Permit.No.: AK- 000059 -1 III. COMPLIANCE RESPONSIBILITIES A. Duty to Comply. The permittee must.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. The permittee shall give advance notice to the Director and ADEC of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Penalties for Violations of Permit Conditions. 1. Civil Penalty. The Act provides that any person who violates a permit .. condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act shall be subject to a civil penalty, not to exceed $25,000 per day for each violation. 2. Criminal Penalties: a. Negligent Violations. The Act provides that any person . who negligently violates a permit condition implementing. Sections 301, 302, 306, 307, 308, 318, or 405 of the Act 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. The Act provides that any person who knowingly violates•a permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act 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. The Act provides that any person who knowingly violates a permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act, 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 which is an organization shall, upon conviction of violating this subparagraph, be subject to a fine of not more than $1,000,000. • • d. False Statements. 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 upon conviction, be punished by a fine of not more that. $10,000, or by imprisonment for not more than 2 years, or by both. DRAFT Pip 12 of. 18 Permit No.: AK-000059-1 Except as provided in permit conditions in Part III.G., Bypass of Treatment Facilities and Part III.H., Upset Conditions, nothing in this permit shall be construed to relieve the permittee of the avil or criminal penalties for noncompliance. 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. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihrnd of adversely affecting human health or the environment. E Proper Operation and Maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of • treatment and control (and related appurtenances) which are installed or used by the 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 facilitiey or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. F. Removed Substances. Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering navigable waters. DRAi Page 13 of 18 . Permit No.: AK- 000059 -1 G. Bypass of Treatment Facilities: Bypass not exceeding limitations. The permittee may allow any bypass to occur which 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 section. Notice: a. Anticipated bypass. If the 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. The permittee shall submit notice of an unanticipated bypass as required under Part II.G., Twenty -four Hour Notice of Noncompliance Reporting. 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 should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or.preventive maintenance; and • (3) The permittee submitted notices as required under paragraph 2 of this section. 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 section. - Page 14 of 18 Permit No..: AK-000059-1 •H. 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 the requirements of paragraph 2 of this section are met. 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. A permittee Who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: a. An upset occurred and that the permittee can identify the • cause(s) of the upset; b. The permitted facility was at the time being properly operated; • c. The permittee submitted notice of the upset as required under Part II.G., Twenty-four Hour Notice of Noncompliance Reporting; and d. The permittee complied with any remedial measures required.under Part III.D., Duty to Mitigate. 3. Burden of proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. I. Toxic Pollutants. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. DRAFT • 13a- 15 of 18 Permit No.: AK-000059-1 IV. GENERAL REQUIREMENTS A. Changes in Discharge of Toxic Substances. Notification shall be provided to the Director and AOEC as soon as the permittee knows of,-or has reason to believe*: 1. That any activity has occurred or will occur which would result in the discharge, on a routine or frequentthasis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": a*. One hundred micrograms per liter. (100 ug/1); b. Two •hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter • (500 ug/1) for 2,4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; c. Five (5) times the maximum concentration value reported for that pollutant in the-permit application in accordance with 40 CFR 122.21(g)(7); or d. The level established by the Director in accordance with 40 CFR 122.44(f). 2. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": a. Five hundred micrograms per liter (500 ug/1); b. Onemilligram per liter (1 mg/1) for'antimony; c. Ten (10) times the maximum concentration:value reported for that pollutant in the permit application in accordance with 40 CFR 122.21(g)(7); or d. The level established by the Director in accordance with, 40 CFR 122.44(f). B. Planned Changes. The permittee shall give notice to the Director and ADEC as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: 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 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 which are.subject neither to effluent limitations in the permit, nor to notification requirements under Part IV.A.1. • DRAFT Page 16 of 18 Permit No.: AK- 000059 -1 C. Anticipated Noncompliance. The permittee shall also give advance notice to. the Director and ADEC of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. D. Permit Actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the 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. E. Duty to Reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. The application should be submitted at least 180 days before the expiration date of this permit. F. Duty to Provide Information. The permittee shall furnish to the Director and ADEC, within a reasonable time, any information which 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. The permittee shall also furnish to the Director or ADEC, upon request, copies of records required to be kept by this permit. G. Other Information.' When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or any report to the Director or ADEC, it shall promptly submit such facts or information. 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 responsible corporate officer. b. For a partnership or sole proprietorship: by a.ge`neral 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 the 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: The authorization is made in writing by a person described above and submitted to the Director and ADEC,. and DRAFT Page 17 of 18 Permit No.: AK- 000059 -1 b. The authorization specified 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, operator of a well or a well field, '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.) Changes.to authorization. If an authorization under paragraph IV.H.2. 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 paragraph IV.H.2. must be submitted to the Director 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 section 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." I Availability of Reports. Except for data determined to be confidential under 44 CFR Part 2', all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Director and ADEC. As required by the Act, permit applications, permits and effluent data shall not be considered confidential. J. Oil and Hazardous Substance Liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Section 311 of the Act. K. 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. Pao----.8 of 18 Permit No.: AK- 000059— L. Severability. The provisions of this permit are severable, and if any provision of'thi.s permit, or.the application of any'provision of phis permit to.any circumstance, is held invalid, the. - application of such provision to other circumstances, and 'the remdinder of this permit; shall not be affected thereby. M. Transfers.. This permit may be-automatically transferred to a new permittee if:• 1. The.current permittee notifies the Director at least 30 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 this notice is not received, the transfer is effective on the date specified in the agreement mentioned in paragraph 2 above. N. State Laws. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the 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. DRAFT • :•••• 1RV* {4 01:14 ti i• .� -ter.- w..r,,i+it IA �•.��.,ti 1 .�' • _�r� ► • ,+ j'� '!-• •??) • 1 • 4.t .... 14 !�• . • ;r "i• ii ♦ . Ip 21 ili • r tfj�t + %Yti� tl�.ty:,:• .♦ . ' . t {2•;' N {ir•,ll s �, •o•;i !; .�•� ,. 20 • !! Ui t•N •. 1.1/"..14. : .J / t. I. • .t: •. N ]I .. r +. •• " 11 +•.• .•, • L J J� + ?t i r •. •. r 7 l�� I.1 � • S •• 64- 2 ,N '. ! - ale i. I i 1!•'•� .i: • '• •.•.'`����• ii ii �r • x"12'• =•itluralt'. •.: .�aa;4f •. .. .� :41:1) 1 ,� • is '� t � tsir• � '��f�G1• •�:j+ �; !; ii 2a i! i� .•�+.# • ! • ✓ aSl � ���R ::. u�,rs•s i�� ` j -�i' i• .� Ir . r 3 •, •i0$'' • .. ••fye•;. • 41dt•0U lll, Y. I►it i i't 2a {i 2]f� : •, Ii f[• :. 1� i. 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" ••• �i 2� >` �� r , .. 1� 2` 1� L"' f! p "lb I�i• I }r :I:.•li i�. f i'- ▪ • a /1. es f. a! 4{ a4 •- . �j�c J l cs t ��` = 'IIMTM 11' ,. -.. �. os • • • .13 a 1! 1< 1>}t » ... .�» • i•; • :! ,Ir 20 3666• •�'\ / l.��n 1. ?{ .! `t •>..� i. i �. is t�r�� ;lid i• �/ • 1tt c� �0 . ?: a/ L -.y =�' • y 1. 1 ,,. • • ' •2y {4•'- :.•••Ir '� t4 �, ••i ..• °al ..E:! 3 3* , cI s! AP ▪ �r.� • ` l4 tO �•i. w4i { 1i+ �,• ;�� p • Ir•• ` 4.4"4_'.: y/ 3i �,/�'` �•' • .' is 'IN • • -•t 1 • •!r 1/ • 1] 2 • bi .• 1. 111 • M � II •:j /- .i4 • • • .l' 1!:!: �r 41• ` {�• 1N i `. Is i ;�,u• K • la t. 24 i • •S i. i• ... i•i • .I • yr 4... •cM tt ,1�.: % ,� ! _:::... 11 /, 1/1r• j fi % '611'63 {_ II --' c , 1 ! . ' ''.t. {Ir (i.>Ill j - .. i, . .• . 11 - , ri !. w • 11 .� ii !i ,4•f : -. r •: • IM ...,,,nn111i31�{iTQ • .n —x >,,,.c�•m z.i,, IV* �r N 31 34. ••r pt 14 • • .o...4 i • :. ,. Il 12 .4..d.0i • !] •'•+• 11 I] - lit _r yi., ; .r . • i� I2 • li 11 i]'S it 11 • f' i Mi ]i it 10 i2 to if ill 2S i.•r +•S� �!f •{t 1I,_ .a 1. ►irr 14. +� •.. • i :` 4�r i� i Zi ]i �� • 54 • 121 • a' . , ; 143 f; a. -sr 1 �.w. Si Wa tot 14 .▪ •S1, 1 '.".• 124 1 1/ !iii -. - Ql: • K . 84 fS at r ��: •�1 33 rS I %4 c'n :4 2r 1 TEF li 34 St 23 1 • 31 M �ii 20-� r 22 • a,,r. / 114 4, 4 • W aP rs Attachment 1 Example of Calculations to Determine Compliance With the Permit Limits These are sample calculations of permit loading (lb /day,) values for determining compliance with Parts I.A.1.a. and b. Given: Discharges were sampled four days during the month of. July 1987. Salmon, halibut, and scallop were processed. The following table provides data for the month of July 1987. Pounds of Raw Product Processed Date. Flow, MGD TSS Conc., mg /1 Salmon Halibut Scallops 7/09/87 0.324 27.0 - - -- -- 18,187 7/18/87 0.192 36.5 - - -- 16,376 - - -- 7/23/87 0.067 40.0 38,830 10,509 5,126 7/30/87 0.436 38.5 42,386 17,077 -- Calculation of the Daily Maximum TSS Limitation for 7/23/87: Daily Maximum (2.6 lbs /1000 lbs raw. salmon 1/ x 38,830 lbs raw salmon) + (3.1 lbs /1000 lbs raw bottomfish=x 10,509 lbs raw bottomfish) + (6.6 lbs /1000 " lbs raw scallops x 5,126 lbs. raw scallops) = 101.0 + 32.6 + 33.8 = 167.4 lbs /day for 7/23/87 Calculation of the Daily Average TSS Limitation for Previous Month (July): Daily Average = [(1.4 lbs x 18,187 lbs) + (1.9 lbs x 16,376 lbs) + (1.6 lbs x 38,830 lbs) + (1.9 lbs x 10,509 lbs) + (1.4 lbs x 5,126 lbs) + (1.6 lbs x 42 86 lbs) + (1.9 lbs x 17,077 lbs)] / 1000 lbs / 4 days? ¢1 5 lbs /day Note: The above example only examines the TSS results. The same calculations apply to .Oil & Grease. Calculations shall be made during each month and submitted with the DMRs for the month in question.. 1/ From Part I.A.1.a. ?/" This is the number of days within the month on which sampling occurred. DRAFT Date 7/9/87 7/18/87 7/23/87 7/30/87 Type Of Seafood Processed Scallops Halibut Salmon Halibut Scallops Salmon Halibut . Daily Harvest (Raw) (1000 lbs) 16.376 38.830 10.509 5.126 42.386 17.077 REPORTING FORM FOR TOTAL SUSPENDED SOLIDS Allowable Unit Discharge (lbs/1000 lbs Raw Product) Daily Avg. (2) • 1.4 1.9 .1.6 1.9 1.4 1.6 1.9 Allowable Total Dischar e (lbs) (1)x(2) )x(3 Daily Daily Daily Max Avg. Max. (3) (4) (5) 6.6 3.1 2.6 3.1 6.6. 2.6 3.1 25.5 120.0 31.1 50.8 62.1 101.0 20.0 32.6 7.2 33.8 167.4 67.8 32.4 110.2 52.9 163.1 Actual Sampled Discharge' Effluent ' Flow [(6)x(7)x8.34] (mg/1) (mgd) (lbs/day) (6) 27.0 36.5 40.0 38.5 (7) * (8') Check here if (5) exceeds (8), or if (9) exceeds (10) 0.324 ' 0.192 0.067 0.436 73.96 58.45 22.35 140.00 •otals folr,Month ' 246.1 . 294.76 .Daily Average Actual Daily Limitattons'(9) = Sum.of.(4)/no. of sample days ' Average = Sum of (8)/no. of sample days . 246.1 lb/4 days . .*294.76 lbs/4 days • 61.5 lbs/day = 73..69 lbs/day Total No. of Results in 'Compliance (11) Total No. of Results. (12) ...4 X X X 3 5 Calculation of the Percentage of Results which are in Compliance: % in Compliance = Total no. of results which are in compliance for both TSS and Oil & Grease combined, divided by the combined number of results for TSS and Oil & Grease. = [(11) for TSS + Oil & Grease] /C(12) for TSS + Oil & Greasei Values for (11) and (12) can be obtained from the attached report form. Note that a report form is also needed for Oil & Grease so that the results can be added to the TSS results to achieve the appropriate % in Compliance value. Note: Report 1 In Compliance on the DMR. DRAFT United States Environmental Protection Agency Region 10 Park Place Building, 13th Floor 1200 Sixth Avenue, WD -134 Seattle, Washington. 98101 (206) 442 -1214 NOTICE OF PROPOSED REISSIANCE OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS TO DISCHARGE TO WATERS OF THE UNITED STATES, NOTICE OF STATE CERTIFICATION, and NOTICE OF STATE DETERMINATION OF CONSISTENCY WITH THE ALASKA COASTAL MANAGEMENT PROGRAM Public Notice Nos.: AK- 000059 -1, AK- 002347 -7, and AK- 000110 -4 Public Notice Issuance Date: July 20, 1988 Public Notice Expiration Date: August 18, 1988 1. Applicants The following Kodiak seafood processors have applied for reissuance of National Pollutant Discharge Elimination System permits to discharge_ process wastewater into St. Paul Harbor. St. Paul Harbor is classified by the Alaska State Water Quality Standards as class 2A, 2B, 2C, and 2D for use in aquaculture, seafood processing, and industrial water supply; contact and secondary water recreation; growth and propagation of fish, shellfish, aquatic life and wildlife; and harvesting for the consumption of raw mollusks or other raw aquatic life. Fact sheets are available. .Ursin Seafoods, Inc. - P.O. Box 492 -Kodiak, Alaska 99615 Application No.:- AK- 000059 -1 Cook Inlet Processing,;Inc. 311 Shelikof Street, Box 9 Kodiak, Alaska 99615 Application No.: .AK- 002347 -7 Alaska Fresh, Seafoods, Inc. 105 Marine Way - Kodiak, Alaska 99615 Application -No.: AK- 000110 -4 Tentative Determination The Region 10 Office of the Environmental Protection Agency (EPA) has tentatively determined to reissue discharge permits to the above listed applicants. 2 3. State Certification This Notice will also serve as Public Notice of the intent of the State of Alaska, Department of Environmental Conservation to consider certifying that the subject discharges will comply with the applicable provisions'of Sections 208(e), 301, 302, 303, 306 and 307 of the Clean Water Act. The NPDES permits will not be issued until the certification requirements of Section 401 have been met. 4. State Consistency Determination This Notice will also serve as Public Notice of the intent of the State of Alaska, Office of Management and Budget, Division of Governmental Coordination, to review this action for consistency with the Approved Alaska Coastal Management Program. - 5. Public Comments Persons-wishing'to comment on the tentative determinations contained in the proposed permits or wishing to request that a public hearing be held, - may do so in writing, within 30 days of the date of this public notice. . A request for a public hearing shall State the nature:of the issues to be • raised as well as the.requester's name, address and telephone number. Comments must be received within..this 30day period-to be considered in the formulation of final determinations regarding the application-. All comments should include the name, address and telephone number of the"- • commenter and a concise statement of the exact basis of any comment and.. the relevant facts upon which-it is based. All.written comments and requests should be submitted to EPA at the above address to the attention of the.Director, Water Division. Persons wishing to comment on State-Certification should submit.written comments'within this 30 day period to the State of Alaska, Southcentral Regional Office, Alaska Department of Environmental Conservation (ADEC), 3601 "C" Street, Suite. 1350i Anchorage, Alaska 99503. Persons wishing to comment on. the State Determination of Consistency with the Alaska Coastal Management Program should submit written comments .- within this,30.day period; to the State.Of Alaska, Southcentral Regional Office, Office of Management and Budget,'Division of Governmental Coordination, 2600 Denali Street, Suite 700, Anchorage, Alaska 99503.- Comments should be addressed to the attention of Alaska Coastal • Management Program Consistency Review. 6. Administrative Record The proposed NPDES permits and Other related documents are on file and may be inspected at the above address any time between 8:30 a.m. and 4:00 p.m., Monday through Friday. Copies and other, information may be requested by writing to,.the EPA atthaabove address. to the attention of- - the Water Permits Section, or by calling (206) 442-1214. This material is also available from the EPA Alaska Operations Office, Room E551, Federal Bldg., Box 19, 701 C,Street, Anchorage, Alaska 99513. - Fact Sheet United States Environmental Protection Agency • Region 10 Park Place Building, 13th Floor 1200 Sixth Avenue, WD-134 Seattle,.Washington 98101 (206) 442-1214 Public Notice Issuance Date: July 20, 1988 - Public Notice Expiration Date: August...18, 1988 Permit No.: AK-000059-1 PROPOSED REISSUANCE, OF A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM -(NPDES) PERMIT TO DISCHARGE POLLUTANTS PURSUANT TO-THE PROVISIONS OF THE CLEAN WATER ACT Ursin Seafoods, Inc. P.O. Box 492 Kodiak, Alaska 99615 has applied for reissuance of a Ne'ional Pollutant Discharge Elimination System (NPDES) permit to discharge pollutants pursuant to the proviions of"the Clean Water Act. This fact sheet includes (a) the tentative determination of the Environmental Protection Agency (EPA) to reissue the permit, (b) information on - public comment, public hearing and appeal procedures, (c) the description of the current discharge, (d) a listing of tentative effluent limitations, schedules of compliance and other conditions, and (e) a sketch or detailed description of the discharge location. We call your special attention to the technical material presented in the latter part of this document. Persons wishing to comment on the tentative determinations •contained in the 'proposed permit reissuance may do so by the expiration date of the Public Notice. All written comments should be submitted tp EPA as described in the • Public Comments Section of the attached Public Notice. After the expiration datR of the Public Notice, the Director, Water Division, will make final determinations with respect to the permit reissuance. The tentative determinations contained in the draft permit will become final conditions if no substantive comments are received during the Public Notice period. • The permit will become effective 30 days after the final determinations are made, unless a request for an evidentiary hearing is submitted within 30 days after receipt of the final determinations. • The proposed NPDES permit and other related documents are on file and may be • inspected at the above address any time between 8:30 a.m. and 4:00 p.m., Monday through Friday. •Copies and other information may be requested by writing to EPA at the above address to the attention of the Water Permits Section, or • by calling (206) 442-1214. This material is also available from the EPA Alaska Operations Office, Room E551, Federal Bldg., Box 19, 701 C Street, Anchorage, Alaska 99513. 2 Technical Information Applicant Ursin Seafoods, Inc. P.O. Box 492 Kodiak, Alaska 99615 NPDES Permit No.: AK- 000059 -1 Contact: John Wilcomb, Plant Manager II. Activity , Ursin Seafoods, Inc. is a shore -based seafood processing plant in Kodiak, Alaska which specializes in the fresh freezing of crab, salmon scallops, halibut, . sole, and other bottomfish. The following table . lists the approximate quantity of seafood - expected to be processed: Seafood Type Raw Seafood Processed (lbs /day) Crab 110,000 Salmon. 130,000 Scallops 20,000 Sole 55,000 Halibut and Other Bottomfish . 75,000 Ursin Seafoods, Inc. currently processes seafood year round. Chlorinated intake water used by the company is purchased from the city of Kodiak. Currently, the water obtained from the city is not further chlorinated by the company. However, based on recommendations from the Alaska Department of Environmental Conservation, chlorination equipment is expected to be installed. III. Receiving Water A. The permittee discharges into St. Paul Harbor through Outfall 001. B. A map of the facility location is included on page 7 of this fact sheet. C. St. Paul Harbor is . classified by the Alaska State Water Quality Standards as Classes (2)(A)(i)(ii)(iii), (B)(i)(ii), (C), and (D), for use in aquaculture, seafood processing and industrial water supply, contact and secondary water recreation, growth and propagation of fish, shellfish, other aquatic life, and wildlife, and harvesting for the consumption of raw mollusks or_ other raw aquatic life. D. The state water quality parameters which could be affected by the discharge are dissolved gas, pH, turbidity, oil and grease, total chlorine residual, floating solids, total suspended solids and settleable solids. 0 3 IV. Background A. The original NPDES permit was issued to Ursin.Seafoods, . Inc., effective June.2, 1975 and expired on May 31, 1980. Their present permit was issued on April 20, 1983 and expired on April 19, 1988. An application for permit reissuance was received on October 2, 1987. The conditions of the expired permit remain in effect as required by 40 CFR Part 122.6. B. Existing industrial treatment facilities consist of grinding seafood - wastes (1/3 - 1/2 inch square) and transmitting the effluent across a double sided tangential screen. The' screened waste then is . transported to Kodiak Reduction, Inc. An alternative ocean dumping location is specified in the NPDES permit in the event that the permittee is unable to dispose of collected seafood waste through Kodiak Reduction, Inc. C. Sanitary wastewater is currently being discharged to the city of Kodiak Wastewater Treatment Plant. D The facility maintains one industrial outfall line located 75 feet from the shore and 42 feet below the water surface at mean lower low water V. Basis of Limitations A. Best Conventional Pollutant Control Technology (BCT) The Clean Water Act of 1977 required that BCT must be achieved no later than July 1, 1984, for secondary industries. The proposed effluent guidelines for seafood processing appeared in the • October 29, 1982, Federal Register (47 FR 49176). The cost test completed for the proposal determined that BCT is equal to BPT for most Alaskan seafood processors. The guidelines were finalized in the July 9, 1986, Federal Register (51 FR 24974). Therefore, the proposed permit limits are BCT limits based on. the July 9, 1986, Federal Register (51 FR 24974). . Effluent Limits 1. Effluent limitations (Section I.A.1.a. of, the proposed permit) for crab, salmon, scallops and bottomfish are from 40 CFR Part ' 408 - Canned and Preserved Seafood Processing Point Source Category. 2.' Section I.A.1.b. specifies daily maximum and average daily effluent limitations. These limitations were calculated by multiplying the guideline effluent limits by the number of pounds of raw product(s) processed per day that produces the highest loading of pollutants. Ursin Seafoods, Inc. can process salmon, crab, scallops, sole., halibut and other bottomfish simultaneously at a maximum of 390,000 pounds of raw product per day. Included are 110,000 pounds of whole crab •and crab sections, 130,000 pounds of hand-butchered salmon, 20,000 pounds of scallops, 55,000 pounds of sole, and 75,000 pounds combined total of halibut and other bottomfish. Calculations were performed for each species and totalled to obtain the highest ,expected dailypollUtant loadings. The following are calculations . for daily average and daily maximum loadings for TSS and Oil and - 'Grease:. Daily Average = (110,000 lbs raw crab)(3.9 lbs/1,000 lbs raw crab) + (130,000 lbs raw salmon)(1.6 lbs/1,000 lbs raw salmon) + (20,000 lbs raw scallops)(1.4 lbs/1,000 lbs raw scallops) + (130,000 lbs raw bottomfish)(1.9 lbs/1,000 lbs raw bottomfish) > 912 lbs/day Daily Maximum = (110,000 lbs raw crab)(12 lbs/1,000 lbs raw crab) + (130,000 lbs raw salmon)(2.6 lbs/1,000 lbs raw salmon) + (20,000 lbs raw scallops)(6.6 lbs/1,000 lbs raw scallops) + (130,000 lbs raw bottomfish)(3.1 lbs/1,000 lbs raw bottomfish) > 2,193 lbs/day Oil & Grease: • Daily Average = (110,000 lbs raw crab)(0.42 lbs/1,000 lbs raw crab) + (130,000 lbs raw salmon)(0.19 lbs/1,000 lbs raw salmon) + (20,000 lbs raw scallops)(0.24 lbs/1,000 lbs raw scallops) • + (130,000 lbs raw bottomfish)(0.56 lbs/1,000 lbs raw bottomfish) > 149 lbs/day • Daily Maximum = (110,000 lbs raw crab)(1.3 lbs/1,000 lbs raw crab) + (130,000 lbs raw salmon)(0.31 lbs/1,000 lbs raw salmon) + (20,000 lbs raw scallops)(.7.7 lbs/1,000 lbs raw scallops) + (130,000 lbs raw bottomfish)(4.3 lbs/1,000 lbs raw bottomfish) > 897 lbs/day 3. Parts I.A.1.d. and e. of the proposed permit are required pursuant to Alaska Water Quality. Standards (18 AAC 70.020) for. St. Paul Harbor. • C. Monitoring Requirements Monitoring (Part I.A.l.f. and g.) is required pursuant to 40 CFR 122.44(1) and is necessary for determining compliance with permit effluent limitations and to evaluate potential water quality impacts. Monitoring results will be reported in monthly Discharge • Monitoring Reports. Monitoring frequencies are based on the Agency's • determination of the minimum sampling required to adequately monitor facility performance. - Total •Chlorine Residual monitoring (Part I.A.1.f.) is required to • assess the potential impacts of chlorine in the receiving water. The requirement is a result of the permittee's proposed practice of chlorinating intake water for use in seafood processing related activities. 5 D. Ultimate Solids Disposal The proposed NPDES permit requires that all process wastes (including plant washdown water, but excluding boiler feed water, .coolfng water, freshwater pressure relief, or water used to transport fish from the vessel to another facility) shall pass over a fine mesh screening system or its equivalent. The permit also requires that collected solids shall be disposed of at a reduction facility. However, if the permittee is temporarily unable to utilize a reduction facility, the permittee may dispose of the collected solids via barging or other transport, without loss, to a • seafood waste disposal zone (see Figure 1 of this permit). The disposal of seafood wastes in the designated seafood dumping . zone is regulated under the Ocean Dumping Regulations (40 CFR 220). Additional permitting is not required under these regulations, provided the dumping does not occur in harbors or other protected or enclosed coastal waters, or any otherlocation which'may reasonably be anticipated to endanger health, the environment or ecological systems. The NPDES permit contains a provision which allows the Director to modify the location of the dumping zone or the provisions under which the wastes are dumped (i.e. mandatory grinding to 1/2 inch prior to dumping) if the wastes are creating an environmental concern, creating a nuisance, or violating state water • , quality standards (see Part I.A.1.h. of the permit). E. Other Requirements 1. Included in Part I.B.1. and I.C.1.b. and c. of the draft permit is a requirement that a comprehensive inspection program be developed and instituted to ensure continued compliance and proper operation of waste disposal systems. The program shall require a routine inspection of the waste handling system which includes waste flumes, storage tanks, floor drains, waste totes, screens, and outfalls. This requirement was in the previously issued permit and is necessary to ensure ongoing compliance with the permit provisions. 2. Parts I.B.2. and I.C.1.a. of the NPDES permit requires the permittee to develop a plan which describes the procedures to be followed for the disposal of seafood waste, using either by-product recovery or barging. Development of this plan would require careful review of the company's waste disposal practices, and identify areas for improvements (i.e. more efficient use of process water). This requirement is necessary for monitoring good management and compliance practices. F. 6 Parts I.B.3., 4., and 5. of the proposed NPDES permit are necessary to characterize the type and amount of pollutants discharged into St. Paul Harbor. . As required in the previously issued permit, all sanitary wastes shall be discharged to the Kodiak Municipal Wastewater Treatment Plant. n Other Conditions This permit will expire five years from the effective date. •m.a......a...MK W.r.i Al( TOWNSITE USGEY 444 IG86 USS /534- Ursin Seafoods. OR USS 7- s». sum f.. .I al NEIN KOOir .`� ROI NO .BLAND d . 71 acr" USS44 =. .< Tr A- JS 2537 ?_.._. p Ci G $ AY ISLAND ..via44 44,:Ci Juaiwitir w aw. !ia.:2 GJ:i:::.. "': c.un .e..;amAtmaGcdYri Imo_. i:.YA3ED 3Y "IGINE =RING . EFART.'AENT ,,.�.,.....�....�....�...�.. Kodiak Island Borough Ms. Patty Bielawski Division of Governmental Coordination Southcentral Regional Office 2600 Denali Street Suite 700 Anchorage, AK 99503-2798 Dear Patty: P.O. BOX 1246 KODIAK, ALASKA 99615-1246 PHONE (907) 486-5736 May 15, 1985 Re: AK850424-36A St. Paul Harbor, NPDES Reissue for Ursin Seafoods, Inc. The Kodiak Island Borough has reviewed the proposal to reissue a NPDES permit for Ursin Seafoods in St. Paul Harbor. We have no objection to the issuance of the permit. The Kodiak Island Borough recommends that the issuance of this permit be found consistent with the Kodiak Island Borough Coastal Management Program and the ACMP. We appreciate the opportunity to comment. Sincerely, Linda Freed Director Community Development Department pb cc: T. Rumfelt, DEC D. Lloyd, ADF&G NEE LIZ OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHEAST REGIONAL OFFICE 431 NORTH FRANKLIN POUCH AK SUITE 101 JUNEAU. ALASKA 99811 -0185 PHONE: (907) 4653562 .APPLICANT: 6OUTHCENTRLAL REGIONAL OFFICE 2600 DENAU STREET SUITE 700 ANCHORAGE. ALASKA 89504:2798 PHONE: (907) 274 -1581 PROJECT INFORMATION SHEET BILL SHEFFIELD, GOVERNOR CENTRAL OF d G' oro. POUCH A W C ,rt ,4 �ClS J�• 1 JUNEAU, ALA AI9D'81J J65 PHONE), 97) 465 -3582 dirt? p 195 NORTHERN FIEONAE OFF M 13 875 SEVENTH AVENUE.. STATION H :5 FAIRBANKS. ALASKA 99701 -4598 PHONE: (907) 4563084 PROJECT TITLE: STATE I.D. NUMBER /REVIEWING OFFICE: PROJECT DESCRIPTION: S • AK E15.0 a $1 -3t .. PROJECT LOCATION: .� c4A %r COASTAL DISTRICT: %r/•4 J ,.P s,« ACTIVITY TYPE: -727-5. ELECTION DISTRICT: a7 PROVED PLAN YES NO PPENDI r -1 FORMAT: ros'���T�% FEDERAL APPROVALS /I.D. NUMBERS: STATE APPROVALS /I.D. NUMBERS: REVIEWER MILESTONES (Day 1 "7:2 L / / f f ' REVIEW SCHEDULE: 30 -Day ,,,,��50 -Day ,-REQUEST FOR ADDITIONAL INFORMATION BY: ./14. /r /�'fTC COMMENTS DUE BY: A4,4 „97 17 S 1 PROJECT. STATUS NOTIFICATION BY: . S t 4 PROJECT ; COORDINATOR: -- 4=1 gP1-r:2 S' , 7 01- A3SLii • Rev: .3 -20 -81 Y DISTRIBUTION LIST1 April 24, 1985 (256] Habitat Protection Division , Department of Fish and Case, Juneau (1] Mr. Jay Bergstrand, Department of Transportation and Pabiie Facilities, Anchorage (613] Ks. Judith Bittner, Department of Natural Resources, Anchorage (31 Mr. Bob Flint, Department of Environmental Conservation, Anchorage 18671 Ma. Linda Freed, Kodiak (1220) Ma. Keg Hayes, Department of Natural Resources, Anchorage (1072) Mr. Nail Johannsen, Department of Natural Resources, Anchorage (4) Ms.,Amy D. Kyle, Office of Management and Budget, Juneau (10281 Mr. Carlton Laird, Department of Commerce and Economic,Development, Juneau (321) Mr. Tom Lawson, Department of Natural Resources, Juneau ( 200) Mr. Wayne Longaere,_Departsent of Community and Regional Affairs, Juneau (287) Ma. Ione Norton, Kodiak (859) The Honorable Tom Peterson, Kodiak (10121 Kr. Jerome K. Selby, Kodiak (371] Mr. Lance Trasky, Department of Fish and Game, Anchorage 1268] Mr. Jack Wick, Kodiak U.S. ENVIRONMENTAL PROTECTION AGENCY REGION X 1200 SIXTH AVENUE SEATTLE, WASHINGTON 98101 AUN o° Mail Stop 521 APR 18 1985 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Bill H. Lamoreaux, Regional Supervisor Southcentral Regional Office Alaska Department of Environmental Conservation 437 E. Street - Second Floor Anchorage, Alaska 99501 OFFICE OF MANAGEMENT & BUDGET Re: NPDES Permit No.: AK- 000034 -5 Ursin Seafoods, Inc. (Pier One) Dear Mr. Lamoreaux: APR 22 1985 GOVERNMENTAL COORDINATION Enclosed for your information are copies of a draft National Pollutant Discharge Elimination System (NPDES) permit which we propose to reissue, the public notice as it will appear in the local newspaper, and a fact sheet which outlines the basis for the permit. This initiates the 60 -day period for state certification action as provided by 40 CFR 124.53. Final action on this permit cannot be taken until your agency has granted or denied certification under 40 CFR 124.55, or waived its right to certify. After the close of the public comment period, we will send a copy of the proposed final permit for use in completing certification action. The state will be deemed to have waived its right to certify unless that right is exercised within 30 days of the receipt of the proposed final permit. Technical questions regarding the permit may be referred to Amber Wong (206) 442 -8510. Sincerely, 01.4_400 eat4g--- Harold E. Geren, Chief Water Permits and Compliance Branch Enclosures cc: Alaska Operations Office, EPA (Anchorage & Juneau) Office of'Management and Budget, Anchorage U.S. ENVw;ONMENTAL PROTECTIOt GENCY REGION X 1200 SIXTH AVENUE SEATTLE, WASHINGTON 98101 AREPTTLY OF Mail Stop 521 APR 18 1985 CERTIFIED MAIL -.RETURN RECEIPT REQUESTED Charles Jensen, Vice President Ursin Seafoods, Inc. P.O. Box 492 Kodiak, Alaska 9961 Re: NPDES Permit No.: AK- 000034 -5 (Pier One) Dear Mr. Jensen: Enclosed for your information are copies of a draft National Pollutant Discharge Elimination System ( NPDES) permit which we propose to reissue to the above referenced facility, the public notice as it will appear in the local newspaper, and a fact sheet which outlines the basis for the permit. The Public Notice initiates a 30 -day public comment period. Following the close of the public comment period, we will consider the comments received in preparation of the final permit. Technical questions regarding the permit may be referred to Amber Wong at (206) 442 -8510. Sincerely, A?""(119 Harold E. Geren, Chief Water Permits and Compliance Branch Enclosures cc: Alaska Operations Office, EPA (Anchorage & Juneau) Alaska Department of Environmental Conservation, Anchorage Bob Duvall, Duvall Laboratories, Kodiak Permit No.: AK- 000034 -5 Application No.: AK- 000034 -5 United States Environmental Protection Agency Region 10 1200 Sixth Avenue Seattle, Washington 98101 AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE.ELIMINATION SYSTEM In compliance with the provisions of the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq; the "Act "), URSIN SEAF00DS, INC. (Pier One) is authorized to discharge from a facility located in Kodiak, Alaska to receiving waters named St. Paul Harbor in accordance with discharge point(s), effluent limitations, monitoring requirements and other conditions set forth herein. This permit shall become effective This permit and the authorization to discharge shall expire at midnight, Signed this .day of DRAFT Director, Water Division, Region 10 U.S. Environmental Protection Agency Page 2 of 20 Permit No.: AK- 000034 -5 TABLE OF CONTENTS Cover Sheet -- Issuance and Expiration Dates I. Effluent Limitations, Water Quality Limitations, and Monitoring Requirements A. Specific Limitations and Monitoring Requirements B. Schedule of Compliance- C. Definitions D. Other Requirements E. Reopener Clause F. Harvest Reports G. Sample Calculations II. Monitoring, Recording and Reporting Requirements A. Representative Sampling B. Monitoring Procedures C. Penalties for Tampering D. Reporting of Monitoring Results E. Compliance Schedules F. Additional Monitoring by the Permittee G. Records Contents H. Retention of Records I. Twenty -four Hour Notice of Noncompliance Reporting J. Other Noncompliance Reporting K. Inspection and Entry III. 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. Removed Substances G. Bypass of Treatment Facilities H. Upset Conditions I. Toxic Pollutants IV. General Requirements A. Changes in Discharge of Toxic Substances B. Planned Changes C. Anticipated Noncompliance D. Permit Actions E. Duty to Reapply F. Duty to Provide Information G. Other Information H. Signatory Requirements I. Penalties for Falsification of Reports J. Availability of Reports K. Oil and Hazardous Substance Liability L. Property Rights M. Severability N. Transfers DRAFT Page 3 of 20 Permit No.: AK- 000034 -5 I. EFFLUENT LIMITATIONS. WATER QUALITY LIMITATIONS, AND MONITORING REQUIREMENTS A. Specific Limitations and Monitoring Reouirements. 1. During the period beginning on the effective date and lasting through the expiration date, the permittee is authorized to discharge process wastewater from outfall serial number 001. a. Such discharges shall be limited as specified below. Pollutant discharges other than those specified (i.e., the ocean dumping of fish parts) are prohibited. Seafood Product Discharge Limitations. kg /kk4 raw product (lb /1000 lb) Daily Average Daily Maximum Total Suspended Oil & Total Suspended Oil & Solids (TSS) Grease Solids Grease Salmon -Hand Butchered, 1.6 0.19 2.6 0.31 including fresh /frozen ommml whole salmon Halibut 1.9 0.56 Bottomfish (Conventional) 2.0 0.55 except halibut & black cod 3.1 4.3 3.6 1.0 b. The total discharge of TSS shall be limited to a daily average and daily maximum of 228 lbs /day (104 kg /day), and 372 lbs /day (169 kg /day), respectively. The total discharge of oil and grease shall be limited to a daily avecage and daily maximum of 67 lbs /day (31 kg /day) and 516 lbs /day (235 kg /day), respectively. Note: Two sets of loading limitations are applicable to each discharge. One limitation is that calculated from the raw product processed and the kg /kkg limit specified within this permit (Part I.A.1.a.). The second limitation is the kg /day limitation specified directly within Part I.A.1.b. of this Permit. The discharge of pollutants shall not exceed the more "stringent of these two limitations. Page 4 of 20 Permit No.: AK- 000034 -5 c. Such discharges shall be monitored by the permittee as specified below: Parameter Measurement Frequency Sample TYDe Flow Continuously TSS 1 /week Oil and Grease 1 /week Quantity of Raw Product Processed in pounds or kilograms for each product listed in Part I.A.1.a. 1 /week and on day, of above sampling 24 -hour composite* grab. Production shall be measured during the same period the 24 -hour composite samples are collected. The permit loading limitation based on kg /kkg Seafood (lbs /1000 lbs Seafood) shall be calculated and reported as kg /day (lbs /day). See sample calculations in Part G. The Quantity of Raw Product Processed (pounds or kilograms) each day Shall be reported with each Discharge Monitoring Report form (DMR) for the period covered by such DMR. d. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored by grab samples once weekly. e. There shall be no discharge of floating solids, visible foam in other than trace amounts or oily wastes which produce a sheen on the surface of the receiving water. f. Samples taken in compliance with the monitoring requirements specified above shall be taken after treatment and prior to discharge from outfall serial number 001. 2. All seafood processing wastes shall be screened. 3. All sanitary wastes shall be discharged to the Kodiak municipal treatment facility. •! NO S Page 5 of 20 Permit No.: AK- 000034 -5 . Schedule of Compliance. 1. The permittee shall achieve compliance with other permit requirements in accordance with the following schedule: a. Develop waste disposal system inspection program, as stipulated in Part I.D.3. within six months of the permit effective date. Institute waste disposal system inspection program, as stipulated in Part I.D.2. within seven months of the permit effective date. No later than 14 calendar days following a date identified in the'above schedule of compliance, the permittee shall submit either a report of progress, or in the case of specific actions being required by the identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirements. The permittee shall notify the EPA and the Department of Environmental Conservation's Western District office at 437 "E" Street, Suite 200, Anchorage, Alaska 99501 of any discharge of toxic substances, within 24 hours. C. Definitions. 1. The "daily average" discharge means the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial. facility was operating. Where less than daily sampling is required by this permit, the daily average discharge shall be determined by the summation of the measured daily discharges divided by the number of days during the calendar month when the measurements were made. 2.. The "daily maximum" discharge means the total discharge by weight during any calendar day. 3. kkg = 1000 kg 4. 2.2 lbs = 1 kg 5. kg = kilogram 6. lbs = pounds 7. "Monitoring Month" shall mean the period.consisting of the calendar weeks which end in a given calendar month. DRAFT Page 6 of 20 Permit No.: AK- 000034 -5 8. A "24 -hour composite" sample shall mean a flow - proportioned mixture of not less than 8 discrete aliquots. Each aliquot shall be a grab sample of not less than 100 ml and shall be collected and stored in accordance with procedures prescribed in. the most recent edition of Standard Methods for the Examination of Water and Wastewater. 9. A "Grab" sample is a single sample or measurement taken at a specific time or over as short a period -of time as is feasible. 10. "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. 11. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. 12. "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. 13. Bottomfish Include Pollock, Pacific Cod, Sole Flounder and Rock fish for purposes of this permit. 14. Conventional bottomfish processing includes the processing of whole bottomfish and the processing of bottomfish in which the unit operations are carried out predominantly through manual methods. Discharge limitations for conventional bottomfish - processing include an allowance for use of scaling machines and /or skinning machines. D. Other Requirements. Waste Disposal 1. In the event the permittee is unable to dispose of collected seafood waste by conventional means of byproduct recovery, approved sanitary fill, or ocean dumping as allowed in the Marine Protection Research, and Sanctuaries Act of 1972, Public Law 92 -532, the permittee may dispose of said waste in the "seafood dumping zone" identified on Figure 1. This zone is generally bordered by the Base Line in the east and the fifty (50) fathom line plotted on U.S. Coast and Geodetic Survey Map No. 8534. The EPA and local U.S. Coast Guard office shall be notified by telephone at least four hours prior to the occurrence of any dumping of seafood waste. DRAFT Page 7 of 20 Permit No.: AK- 000034 -5 2. Inspection Program The permittee shall develop and institute a comprehensive inspection program, in accordance with the schedule set forth in Part I.B.1., to facilitate proper operation and maintenance of the waste disposal system, including the outfall line. Both the floor drain connections and the outfall shall be inspected every month, starting from the date of permit Issuance. Inspection of the outfall line can be limited to shoreline observations. Such observations would identify unusual upwelling away from the permitted discharge point. The results of each inspection shall be reported on each monthly Discharge Monitoring Report. 3. Waste Disposal Practices The Permittee shall review, in accordance with the schedule set forth in Part I.B.I., its present waste handling technique use and identify possible areas of improvement in terms of pollution abatement. This review should include, but is not limited to, collection techniques, transport systems, use of grinders and screening systems and an adequate description of the existing treatment system in use. A plan outlining procedures for proper alternate disposal of collected seafood in the event Bio -Dry is unable to handle the waste solids should also be included. the following can be initiated to improve recovery of waste solids: a. discontinue use of pre - grinders (improve screen efficiency) b. do not put non - contact cooling water into the waste streams c. dry clean -up prior to plant washdown; d. water conservation techniques including; i. high pressure /low volume hoses, ii. automatic nozzle shut off, iii. belt conveyors /pneumatic transport vs flumes., e. Manual collection of waste solids. 4. Analytical Techniques For the purposes of this permit, laboratory procedures and analytical techniques shall comply with the following. Any variation from these procedures shall receive prior written approval from EPA. All samples shall be identified and results recorded in . conformance with part I.A.1.c. DRAFT Page 8 of 20 Permit No.: AK- 000034 -5 a. Total Suspended Solids As specified in Part I.A.1.c., samples:.collected for total suspended solids analysis shall be 24 hour composites. Compositing shall consist of four (4) samples collected over a 24 hour period. If the operating day is anticipated to be less than 24 hours, samples should be collected at equally spaced intervals throughout the operating day. Samples.may'be collected in plastic or glass containers and may be retained for a maximum of seven (7) days prior to analysis if stored in a cool environment (4° C). Samples must be analyzed in conformance with method 160.2 for Non- Filterable Solids, at described in EPA's Method for Chemical Analysis of Water and Wastes. b. Oil and Grease As specified in Part I.A.1.c., oil and grease samples are to be collected using the grab method. Compositing may provide a more representative sample and is also acceptable. Oil and grease samples must be collected in glass containers and should not be transferred from the collection container prior to analysis. Samples may be retained for a maximum of 24 hours prior to analysis if stored in a cool environment (4 °C) or acidified to a pH of less than 2. Test procedures for analysis of oil and grease shall conform to the Soxhlet extraction method for the Gravimetric Separatory Funnel extraction method described in EPA Methods for Chemical Analysis of Water and Wastes and Standard Methods, 14th Edition. If a seafood processor desires to implement an alternative analytical test procedure (i.e. Collins /Tenny Method), the processor must submit, in writing to EPA, a request for its approval. Any such correspondence should document the rationale for the request. E. Reopener Clause. Upon promulgation of effluent limitation guidelines applicable to this facility the permit shall be modified, if the guidelines contain limits more stringent than those stipulated in thi's permit. If there. is evidence indicating potential or realized impacts on water quality due to the discharge of seafood processing wastes, the permit may be modified to include different effluent limitations and /or additional monitoring requirements such as water quality monitoring. DRAFT Page 9 of 20 Permit No.: AK- 000034 -5 F. Harvest Reports. The permittee shall submit with this monitoring report, as indicated in II.D., harvest records indicating the quantity of raw fish and /or shell fish as well as the type of end product produced (e.g. frozen sections, canned meat, frozen whole) for each individual day for which samples are taken for reporting. The quantity shall be • expressed in kilograms or pounds. G. Sample Calculations. 1. This is an example of how to calculate total suspended solids, effluent loads and applicable permit load limitations according to limitations. An identical procedure may be used for oll and grease calculations. a. Given: Discharges were sampled only three days within the month of May. Only halibut and bottomfish were processed on these days. Production data for each species processed was as follows: Production, lbs raw product processed /day Date Salmon Halibut Bottomfish May 1 -- 80,000 20,000 May 8 100,000 May 15 -- 60,000 May 16 - May 31, No discharge from facility. 1. Calculation of Daily Maximum TSS Permit Limitation for May 1: Daily Maximum TSS Limitations = (3.1 ibs /1000 lbs raw halibut) (80,000 lbs raw halibut) + (3.6 lbs /1000 lbs raw bottomfish)(20,000 lbs raw bottomfish) = 248 lbs + 72 lbs = 320 lbs for•May 1. 2. Calculations of Daily Average.TSS permit limitations for May: Daily Average TSS Limitations: (1.9 lbs /1000 lbs raw halibut)(80,000 lbs raw halibut) + (1.9 lbs /1000 lbs raw halibut)(100,000 lbs raw halibut) + (2.0 ibs /1000.lbs raw bottomfish)(20,000 lbs raw bottomfish) + (2.0 lbs /1000 lbs raw bottomfish)(60 ,000 lbs raw bottomfish) = 152 lbs + 190 lbs + 40 lbs + 120 lbs 502 lbs 502 lbs/3 days of sampling data 9 167 lbs /day. DRA.FT Page 11 of 20 Permit No.: AK- 000034 -5 II. MONITORING, RECORDING AND REPORTING REQUIREMENTS A. Representative Sampling. Samples taken in compliance with the monitoring requirements established under Part I shall be collected from the effluent stream prior to discharge into the receiving waters. Samples and measurements shall -be representative of the volume and nature of the monitored discharge. . Monitoring Procedures. Monitoring must be conducted according to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified in this permit. C. Penalties for Tampering. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. D. Reporting of Monitoring Results. Monitoring results shall be summarized each month on the Discharge Monitoring Report (DMR) form (EPA No. 3320-1). The reports shall be submitted monthly and are to be postmarked by the 10th day of the following month. Legible copies of these, and all other reports, shall be signed and certified in accordance with the requirements of Part IV.H. Signatory Requirements, and submitted to the Director, Water Division and the State agency at the following addresses: original to: United States Environmental Protection Agency Region 10 1200 Sixth Avenue Seattle, Washington 98101 copy to: Attn: Water Compliance Section, Mail Stop 513 State of Alaska Department of Environmental Conservation Southcentral Regional Office 437 E. Street - Second Floor Anchorage, Alaska 99501 DRAFT Facility: Ursin, Pier 1 Month: May, 1985 Parameter: TSS Page 10 of 20 Permit No.: AK- 000034 -5 Daily Allowable Unit Actual Harvest Discharge Sampled Discharge (Raw) (lbs /1000 lbs Allowable Total Effluent Flow [(6)x(7)x8.34] Type of (1000 lbsl Raw Product Discharge flbsl• ma /1 Aga (lbs /dav) Seafood (1)x(2) .(1)x(3) Date Processed Daily Daily Daily Daily Avg. Max. (1) (2) (3) (4) (5) (6) (7) (8) May 1 Salmon 0 1.6 2.6 0 0 Halibut 80 1.9 3.1 152 248 Bottomfish 20 2.0 3.6 40 _jj 22.1 0.8 147.5 320 8 Salmon 0 gmloi Halibut 100 Bottomfish 0 1.6 2.6 0 0 1.9 3.1 190 310 2.0 3.6 0 27.6 0.9 207.2 310 May 15 Salmon 0 1.6 2.6 0 0 Halibut 0 1.9 3.1 0 0 Bottomfish 60 2.0 3.6 120 216 32.7 1.0 272.7 216 May 15 May 30 NO DISCHARGE Totals for Month Daily Average Limitation (9) = 167 lbs /day 502 lbs /3 days 627.4 lbs /3 days Actual Daily Average Discharge (10) = 209 lbs /day Page 12 of 20 Permit No.: AK- 000034 -S E. Compliance Schedules. Reports of compliance or noncompliance with, or any progress reports on interim and final requirements contained in any Compliance Schedule of this permit (Part I.A.) shall be submitted no later than 10 days following each schedule date. F Additional Monitoring by the Permittee. If the permittee monitors any pollutant more frequently than required by this permit, using test procedures approved under 40 CFR 136 or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. Such increased frequency shall also be indicated. G. Records Contents. Records of monitoring information shall include: 1. The date, exact place, and time of sampling or measurements; 2. The individual(s) who performed the sampling or measurements; 3. The date(s) analyses were performed; 4: The individual(s) who performed the analyses; 5. The analytical techniques' or methods used; and 6. The results of such analyses. H. Retention of Record. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the -sample, measurement, report or application. This period may extended by request-of the Director at any time. Twenty -four. Hour Notice of Noncompliance Reporting. 1. The following occurrences of noncompliance shall be reported by telephone within 24 hours from the time the permittee becomes aware of the circumstances: a. Any noncompliance which may endanger health or the environment; b. Any unanticipated bypass which exceeds any effluent limitation in the permit (See Part III.G. Bypass of Treatment Facilities;) c. Any upset which exceeds any effluent limitation in the permit (See Part III.H. Upset Conditions.); or d. Violation of a maximum daily discharge limitation for any of the pollutants listed in the permit to be reported within 24 hours. DRAFT Page 13 of 20 Permit No.: AK- 000034 -5 2. A written submission shall also be provided within five days of the time that the permittee becomes aware of the circumstances. 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. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours by the Water Compliance Section in Seattle, Washington, by phone, (206) 442 -1213. 4. Reports shall be submitted to the addresses in Part II.D. Reporting of Monitoring Results. J. Other Noncompliance Reporting. Instances of noncompliance not required to be reported within 24 hours shall be reported at the time that monitoring reports for Part II.D. are submitted. The reports shall contain the information listed in Part II.I.2. K. Inspection and Entry. The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to: 1. Enter upon thepermittee'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 Clean Water Act, any substances or parameters at any location. DRAFT Page 14 of 20 Permit No.: AK- 000034 -5 III. COMPLIANCE RESPONSIBILITIES A. Duty to Comply. The permlttee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of. the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. The permlttee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. B. Penalties for Violations of Permit Conditions. The Clean Water Act provides that any person who violates a permit condition implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Clean Water Act is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates permit conditions implementing sections 301, 302, 306, 307, or 308 of the Clean Water Act is subject to 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 both. Except as provided in permit conditions on Part III.G. Bypass of Treatment Facilities and Part III.H. Upset Conditions, nothing in this permit shall be construed to relieve the 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 permlttee 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. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. E. Proper Operation and Maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of "treatment and control (and related appurtenances) which are installed or used by the 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 which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. F. Removed Substances. Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent . any pollutant from such materials from entering navigable waters. t Page 15 of 20 Permit No.: AK- 000034 -5 Bypass of. Treatment Facilities: 1. Bypass not exceeding limitations. The permittee may allow any bypass to occur which 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 section. 2. Notice: a. Anticipated bypass. If the 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. The permittee shall submit notice of an unanticipated bypass as required under Part II.I. Twenty -four Hour Reporting. 3. Prohibition of bypass. a.- Bypass is prohibited and the Director 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 should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under paragraph 2 of this section. b. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in paragraph 3.a. of this section. DRAFT Page 16 of 20 Permit No.: AK- 000034 -5 H. 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 the requirements of paragraph 2 of this section are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, 1s final administrative action subject to judicial review. 2. Conditions necessary for a demonstration of upset. A permittee .ho wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: a. An upset occurred and that the permittee can identify the causes) -of the upset; b. The permitted facility was at the time being properly operated; c. The permittee submitted notice of the upset as required under Part II.I. Twenty -four Hour Notice of Noncompliance Reporting; and d. The permittee complied with any remedial measures required under Part III.D. Duty to Mitigate. 3 Burden of proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. I. Toxic Pollutants. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those . standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. Page 17 of 20 Permit No.: AK- 000034 -5 • IV. GENERAL REQUIREMENTS A. Changes in Discharge of Toxic Substances. Notification shall be provided to the Director- as soon as the permittee knows of, or has reason to believe: 1. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels ": a. One hundred micrograms per liter (100 ug /1); b. Two hundred micrograms per liter (200 ug /1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug /1) for 2,4- dinitrophenol and for 2- methyl -4, 6- dinitrophenol; and one milligram per liter (1 mg /1) for antimony; c. Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122.21(g)(7); and d. The level established by the Director in accordance with 40 CFR 122.44(f). 2 That any activity has occurred or will occur which would result in any discharge, on a non- routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels ": a. Five hundred micrograms per liter (500 ug /1); b. One milligram per liter (1 mg /1) for antimony; or c. Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122.21(•g)(7). B. Planned Changes. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: 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 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 which are subject neither to effluent limitations in the permit, nor to notification requirements under Part IV.A.1. Page 18 of 20 Permit No.: AK- 000034 -5 C. Anticipated Noncompliance. The permittee shall also give advance notice of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. D. Permit Actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the 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. E. Duty to Reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. The application should be submitted at least 180 days before the expiration date of this permit. F. Duty to Provide Information. The permittee shall furnish to the. Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall'also furnish to the Director, upon request, copies of records required to be kept by this permit. G. Other Information. When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or any report to the Director, it shall promptly submit such facts or information. H. Signatory Requirements. All applications, reports or information submitted to the Director shall be signed and certified. 1. All permit applications shall be signed as follows: a. For a corporation: by a responsible 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 the permit and other information requested by the Director 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. DRAFT Page 19 of 20 Permit No.: AK- 000034 -5 b. The authorization specified 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, operator of a well or a well field, 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 paragraph IV.H.2. 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 paragraph IV.H.2. must be submitted to the Director 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 section 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." I Penalties for Falsification of Reports. The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document-. submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. 3 Availability of Reports. Except for.data determined to be confidential under 40 CFR Part 2, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the State water pollution control agency and the Director. As required by the Act, permit applications, permits and effluent data shall not be considered confidential. DRAFT Page 20 of 20 Permit No.: AK- 000034 -5 K. 011 and Hazardous Substance Liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permlttee from any responsibilities, liabilities, or penalties to which the permlttee is or may be subject under Section 311 of the Act. L. Property Rights. The issuance of this permit does not convey any . property rights of any sort, or any exclusive privileges, nor does authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severability. The provisions of this permit are severable, and 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. N. Transfers. This permit may be automatically transferred to a new permittee if: 1. The current permlttee notifies the Director at least 30 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 The Director does not notify the existing permittee and the proposed new permlttee of his or her intent to modify, or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in paragraph 2 above. 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United States Environmental Protection Agency Region 10 1200 Sixth Avenue Seattle, Washington 98101 (206) 442 -1214 NOTICE OF PROPOSED REISSUANCE OF A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT TO. DISCHARGE TO WATERS OF THE UNITED STATES, NOTICE OF STATE CERTIFICATION and NOTICE OF STATE DETERMINATION OF CONSISTENCY WITH THE ALASKA COASTAL ZONE MANAGEMENT PROGRAM Public Notice No.: AK- 000034 -5 Public Notice Issuance Date: April 25, 1985 Public Notice Expiration Date: May 24, 1985 1. Applicant Ursin Seafoods, Inc. P.O. Box 492 Kodiak, Alaska 99615 Permit No.: AK- 000034 -5 (Pier One) Ursin Seafoods, Inc. processes salmon, halibut, and bottomfish and discharges into St. Paul Harbor, Kodiak. St. Paul Harbor is classified by the States Water Quality Standards as Classes IIA(i)(ii((iii), B(i)(ii), C and D for use in aquaculture, seafood processing, and industrial water supply, water contact and secondary recreation, growth and propagation of fish, shellfish, aquatic life and wildlife, and harvesting for consumption of raw mollusks or other raw aquatic life. 2. Tentative Determination The Region 10 Office of the Environmental Protection Agency (EPA) has tentatively determined to reissue a discharge permit to the above listed applicant. 3. State Certification This Notice will also serve as Public Notice of the intent of the State of Alaska, Department of Environmental Conservation to consider certifying that the subject discharge will comply with the applicable provisions of Sections 208(e), 301, 302, 303, 306 and 307 of the Clean Water Act. The NPDES permit will not be issued until the certification requirements of Section 401 have been met. 4. State Consistency Determination This Notice will also serve as Public Notice of the intent of the State of Alaska, Office of Management and Budget, Division of Governmental Coordination, to review this action for consistency with the approved Alaska Coastal Zone Management Program. 5. Public Comments Persons wishing to comment on the tentative determinations contained in the proposed permit or wishing to request that a public hearing be held, may do so in writing, within 30 days of the date of this public notice. A request for a public hearing shall state the nature of the issues to be raised as well as the requester's name, address and telephone number. Comments must be received within this 30 day period to be considered in the formulation of final determinations regarding the application. All comments should include the name, address and telephone number of the commenter and a concise statement of the exact basis of any comment and the relevant facts upon which it is based. All written comments and requests should be submitted to EPA at the above address to the attention of the Director, Water Division M/S 521. Persons wishing to comment on State Certification should submit written comments within this 30 day period to the State of Alaska; Southcentral Regional Office, Alaska Department of Environmental Conservation (ADEC), 437 E. Street, Second Floor, Anchorage, Alaska 99501. Persons wishing to comment on the State Determination of Consistency with the Alaska Coastal Zone Management Program should submit written comments within this 30 day period, to the State of Alaska, Southcentral Regional Office, Office of Management and Budget, Division of Governmental Coordination, 2600 Denali Street, Suite 700, Anchorage, Alaska 99503. Comments should be addressed to the attention of Alaska Coastal Management Program Consistency Review. 6. Administrative Record The proposed NPDES permit and other related documents are on file, may be inspected, and copies made in Room 10C, 1200 Sixth Avenue, Seattle, Washington 98101, at any time between 8 :30 a.m. and 4:00 p.m., Monday through Friday. Copies and other information may be requested by writing to EPA at the above address to-the attention of the Water Permits Section M/S 521, or by calling (206) 442 -1214. This material is also available from the EPA Alaska Operations Office, Room E535, 701 C Street, Anchorage, Alaska 99513 or EPA Alaska Operations Office, 3200 Hospital Drive, Suite 101, Juneau, Alaska 99801. A copying machine is available in the Seattle Office for public use at a charge of 20 cents per copy sheet. There is no charge if the total cost is less than 25 dollars. Fact Sheet United States Environmental Prbtection Agency Region 10 1200 Sixth Avenue Seattle, Washington 98101 (206) 442-1214 Date: April 25, 1985 Permit No : AK-000034-5 PROPOSED REISSUANCE OF A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT TO DISCHARGE POLLUTANTS PURSUANT TO THE PROVISIONS OF THE CLEAN WATER ACT Ursin Seafoods, Inc. (Pier One) P.O. Box 492 Kodiak, Alaska 99615 has applied for reissuance of a National Pollutant Discharge Elimination System (NPDES) permit to discharge pollutants pursuant to the provisions of the Clean Water Act. This fact sheet includes (a) the tentative determination of the Environmental Protection Agency (EPA) to reissue the permit, (b) information on public comment, public hearing and appeal procedures, (c) the description of the current discharge, (d) a listing of tentative effluent limitations, schedules of compliance and other conditions, and (e) a detailed description of the discharge location. We call your special attention to the technical material presented in the latter part of this document. Persons wishing to comment on the tentative determinations contained in the proposed permit reissuance may do so by the expiration date of the Public Notice. All written comments should be submitted to EPA as described in the Public Comments Section of the attached Public Notice. After the expiration date of the Public Notice, the Director, Water Division, will make final determinations with respect to the permit reissuance. The tentative determinations contained in the draft permit will become final conditions if no substantive comments are received during the Public Notice period. The permit will become effective 30 days after the final determinations are made, unless a request for an evidentiary hearing is submitted within 30 days after receipt of the final determinations. -2- The proposed NPDES permit and other related documents are on file, may be inspected, and copies made in Room 10C, 1200 Sixth Avenue, Seattle, Washington. 98101, at any time between 8:30 a.m. and 4 :00 p.m., Monday through Friday. Copies and other information may be requested by writing to EPA at the above address to the attention of the Water Permits Section M/S 521, or by calling (206) 442 -1214. This material is also available from the EPA Alaska Operations Office, Room E535, 701 C Street, Anchorage, Alaska 99513 or EPA Alaska Operations Office, 3200 Hospital Drive, Suite 101, Juneau, Alaska 99801. A copying machine is available in the Seattle Office for public use at a charge of 20 cents per copy sheet. There is no charge if the total cost is less than 25 dollars. Applicant A. Ursin Seafood Company B. NPDES permit No. AK- 000034 -5 II. Activity A. Processing of salmon, halibut, and bottomfish III. Receiving Water A. St. Paul Harbor, Kodiak B. St. Paul Harbor is classified by the States Water. Quality Standards as Classes IIA(i)(ii)(iii), B(i)(ii), C and D for use in aquaculture, seafood processing, and industrial water supply, water contact and secondary recreation, growth and propagation of fish, shellfish, aquatic life and wildlife, and harvesting for consumption of raw mollusks or other raw aquatic life. C. The State water quality parameters which could be affected by the discharge are dissolved gas (BOD, COD), pH, turbidity, sediment color and residues, floating solids, debris, sludge deposits, foam and scum. D. The State Water Quality Standards, promulgated in February 1979, for the Alaska Water Quality. Pollution Control Program, will not be violated by the permit effluent limitations at the discharge points or within the prescribed mixing zone. This determination is based on the assumption that the company complies with the terms and effluent limitations of its NPDES permit. IV. Background A. Existing industrial treatment, facilities consist of conventional solids removal by grinding and screening. The Pier One plant has an independent waste separation system consisting of a grinder, which chops seafood waste to about 1/3 to 1/2 inch square, and a fine mesh (1/8 inch )screen. The screened solids are captured in a bin and collected by the Kodiak Bio -Dry reduction facility. The wastewater is pumped out to St. Paul Harbor. -4- Because the waste treatment system is subject to a certain amount of downtime for maintenance and repair, Pier One has initiated a contingency plan of manually collecting the large solids from the Pier One facility and transferring them to the Ursin Main Plant (AK- 000059 -1) for grinding and screening. However, no allowance is made for the smaller solids which, under proper operating conditions, would normally be removed by screening. For this reason, the conditions of this permit require that all waste be screened through fine mesh screens prior to effluent discharge. Manual removal of only the large solids is not acceptable. B. Sanitary waste is transported to the Kodiak public treatment facility. The system serves a maximum of 30 employees at peak operating times. C. The pollutants discharged through outfall 001 are total suspended solids, oil, and grease. D. The outfall is located 400 feet from the shore and 42 feet below the water surface at MLW. E. The discharge is characterized by: 3 thousand gallons per day sanitary water 97 thousand gallons per day process water TOO thousand gallons per day total water use. F. Maximum amounts of product processed per day are as follows: Salmon - hand butchered Halibut Bottomfish - hand filleted 80,000 lb/day 120,000 lb /day 60,000 lb /day The Pier One facility processes only one product at a time. V. Basis of Limitations A. Best Professional Judgment -5- The Clean Water Act and subsequent regulations require'that Best Conventional Pollutant Control Technology (BCT) must be in effect no later than July 1, 1984, for Secondary industries. The proposed BCT guidelines for seafood processing are in the October 29, 1982, Federal Register. For all except three . subcategories of Alaska seafood processing, BCT is proposed equal to BPT. However, since BCT is still in the proposal stage, a best professional judgment is appropriate for establishing effluent limits for the permit. As outlined in the 1975 Development Documents, Dissolved Air Flotation (DAF) is considered the next level of effluent treatment after screening for non-remote seafood processors. In the best professional judgment determination the cost per pound removal using screening was compared with the cost per pound using DAF. Based upon the cost analyses, it is definitely not cost effective to require the seafood processors to install DAF on the basis of salmon, halibut, and bottomfish production: levels. Therefore, it is determined that BCT equals BPT. Because halibut has been the main bottomfish processed in Alaska, the effluent guidelines for Alaskan bottomfish found in 40 CFR 408.200 were developed from halibut processors. However, the majority of other species of bottomfish occurring in Alaska are significantly different in chemical composition, notably in oil and grease content, from halibut (see Robert Stamnes' memo to EPA files, September 24, 1979, as enclosed). A number of these fish species have been included in the Non-Alaskan Conventional Bottomfish Subcategory, for which effluent guidelines have already been established.. Although differences in processing technique may generally exist between Alaskan and non-Alaskan processing, because of the relatively simple level of processing in this category (hand filleting), these differences are not expected to cause significant variations in quality of the effluent. Therefore, by Best Professional Judgment, effluent guidelines for Alaskan Conventional Bottomfish were determined to be equivalent to the Non-Alaskan Conventional Bottomfish guidelines found in 40 CFR 408.210. B. The Clean Water Act The Clean Water Act of 1977 (USCA 1319) mandated the development of the allowed effluent limitations. The effluent guidelines limitations for finfish are established on the basis of the best practicable control technology (BPT) currently available. The BPT for Alaskan Bottomfish, halibut, and hand butchered salmon, as stipulated in the "Development Document for Effluent Limitations Guidelines, and New Source Performance Standards for the Fish Meal, Salmon, Bottomfish, Clam, Oyster, Scallop, Herring, and Abalone Segment of the Canned and Preserved Seafood Processing Point Source Category," is implementation of fine mesh screening for Alaskan Non-remote processors. C. Effluent Limitations Effluent limits will be computed and reported by the company based on unit productivity (lbs of pollutant in the effluent/lbs raw material processed). The effluent limits listed below will be enforced. -6- Alaskan Hand Butchered Salmon water discharge: Parameter Total Suspended Solids (TSS) Oil and Grease pH Halibut discharge: Parameter TSS Oil and Grease 'pH Maximum for any 1 Day 2.6 lbs/1000 lbs processed 0.31 lbs/1000 lbs processed Within Range of 6 to 9 units Daily Average 1.6 lbs/1000 lbs 0.19 lbs/1000 lbs Maximum for any 1 Day Daily Average 3.1 lbs/1000 lbs processed 4.3 lbs/1000 lbs processed Within Range of 6 to 9 units 1.9 lbs/1000 lbs 0.56 lbs/1000 lbs Bottomfish (Conventional) except halibut and black cod waste discharge: Parameter TSS Oil and Grease pH Maximum for any 1 day Daily Average 3.6 lbs/1000 lbs processed 1.0 lbs/1000 lbs processed Within Range of 6 to 9 units 2.0 lbs/1000 lbs 0.55 lbs/1000 lbs In addition, the company will report the maximum daily effluent loads and daily average effluent loads on their discharge monitoring reports. Maximum load limits have been established for this facility based on the worst case discharge (highest processing load). Since this facility can process only one product at a time, calculated loads for each processed species were compared and the highest one selected for the permit load limit. In this case, the load limit was based on the halibut load which, at a maximum processing capability of 120,000 lb/day, would result in a maximum daily effluent load of 372 lb/day and a daily average load of 228 lb/day. VI. Additional Permit Provisions Three additional provisions are incorporated into the proposed NPDES permit. The first change requires the development of a self-monitoring inspection program. Along with this program, the seafood processor is expected to review waste disposal practices. The second change affects the development of pollutant loading limitations as applied to each discharge. A Inspection Program and Waste Disposal Practices - Included in the draft permit are stipulations requiring that a comprehensive inspection program be developed and instituted to ensure continued compliance and proper operation of waste disposal systems. The program would require routine inspection of the outfall system and screening equipment. The results of the inspection will be routinely reported to EPA. -7- Tied to the inspection program is a requirement that the seafood processor carefully review the company's waste disposal practices, and identify areas for improvements (i.e. more efficient use of process water). Such a review, followed by the implementation of better management practices, could generate results, that otherwise would be obtained only by more expensive treatment technology. The following techniques have been identified as practices to improve recovery of waste solids: a. discontinue use of pre-grinders (improve screen efficiency); b. do not put non-contact cooling water into the waste streams; c. dry clean-up prior to plant wash down; d. water conservation techniques including, i. high pressure/low volume hoses, automatic nozzle shut off, iii. and belt conveyors/pneumatic transport vs. flumes; e. manual collection of waste solids. B. Oil and Grease Test Procedures - In the case of the Kodiak processors, it has been noted that an alternative method for oil and grease analysis, specifically the Collins Method, has been conditionally approved by EPA. The draft permit includes the following: Test procedures for analysis of oil and grease shall conform to the Soxhlet extraction method or the Gravimetric Separatory funnel extraction method described in EPA Methods for Chemical Analysis of Water and Wastes and Standard Methods, 14 Edition. If a seafood processor desires to implement an alternative analytical test procedure (i.e. Collins/Tenny Method), the processor must submit, in writing to EPA, a request for its approval. Any such correspondence should document the rationale for the request. C. Development of Pollutant Loading Limitations - The means of calculating effluent limits has been modified in the draft permit, although the actual effluent limits as found in the Federal Register under the Canned and Preserved Seafood Processing Point Source Category remain the same. The issued permit requires the company to compute effluent limits on a. unit basis for each day effluent samples are taken (kg allowable waste/kkg raw product consumed). These effluent limits are quoted in the permit. This alteration conforms to the effluent guidelines data base and Federal Register. It should be noted that the maximum effluent values under Section I.A.1.b. are for the worst case effluent load based on the maximum productivity during any one day of presently processed species. These maximum values are not considered crucial since all effluent loads will be individually calculated ,using each limit and are expected to be well under the maximum productivity limit. However, thecompany is required to notify EPA of increased or altered production which might affect the maximum load limit. Attachment BASIS FOR NON - REMOTE ALASKAN BOTTOMFISH EFFLUENT LIMITATIONS Mechanized Alaska Bottomfish Existing BPT effluent guidelines (Section 408.200) for Alaska mechanized bottomfish is titled ".;.bottomfish such as halibut..." and are not applicable to bottomfish other than halibut. Bottomfish processed in Alaska include at least pollock, sole, flounder, Pacific cod, rockfish, perch, and black cod. Since national limits have not been promulgated for Alaska bottomfish other than halibut, a "Best Engineering Jud9ement" determination must be made to establish BPT limitations. Bottomfish processing except that for halibut is separated into two subcategories because of the extreme difference of oil and grease content of the species (Ref. 2). The oil and grease content of black cod is much greater than that of pollock and most other bottomfish species (especially those processed in Alaska). The two sub- categories considered are, therefore, 1) Alaska bottomfish, except halibut and black cod, and 2) black cod. Alaska bottomfish except halibut and black cod have . similar physical and chemical characteristics as New England whiting (Ref. 4 and 5). For this reason, the data in Ref. 1 pp. 117, 125 and other pages on mechanized bottomfish were the technical basis for establishing limits for Alaska bottomfish. The flow of wastewater per production unit for the Alaska plants considered to date are within or less than that presented for W1, W2, or CFCI in Figure 45 (Ref. 1). Wastewater flow reductions common- ly result in pollutant reductions (Ref. 3). Therefore, the BPT limits for existing plants processing bottomfish other than halibut and black cod are determined from the data presented in Ref. 1, pp. 117 and 125. The following 30 day average limitations are established. Parameter 30 Day Average Limits (mg /1) Total Suspended Solids 8.8 Oil and Grease 2.75 According to the data presented in Figure 45 of Reference 1, these limits have been met at plant W1 and are approx- imately equal to the mean presented in Table 29 (Ref. 1). Mechanized processing of bottomfish in Alaska is similar to that at Wi according to the EPA effluent guidelines contractor (Ref. 3). In -plant features can be adjusted and managed to reduce pollutants in the discharge. These include the immediate dewatering and collection in totes of gross solids at the butchering machines. Wastewater flows and hence pollutant loads can be reduced by optimiz- ing equipment flows by using high pressure -low volume nozzles and shut -off valves. Low water use equipment is available for new product lines :f Grinding prior to screening is not an acceptable procedure for compliance with these limits. Tests indicate oil and grease may be as much as 100 times higher after grinding (Ref. 6). The daily maximum limitations for total suspended solids and oil and grease are determined by multiplying the daily average (30 day average) limitation by 1.8 and 2.5, re- spectively. These ratios have been established by an analysis of Ref. 1 and ratios used for mechanized bottom- fish (lower 48 states) 1.8/2.5, conventional bottomfish (lower 48) 1.8/2.64, and mechanized salmon 1.7/2.64. The total suspended solids limitations for black cod are the same as other Alaska bottomfish. The oil and grease limits for black cod are determined to be the same as that promulgated for mechanized salmon Subpart Q Section 408.172(b)(1) because the carcasses contain similar amounts of oil and grease, and the mechanized processes are similar. The oil and grease in black cod varies seasonally. The ratios established above between��30 day average and daily maximum have been used for black cod as well. Conventional Alaska Bottomfish The limitations for conventional bottomfish processing in Alaska are based upon Ref. 1 and the promulgated limits for the non - Alaskan Conventional Bottomfish Processing Subcategory Section 408.212 (41 FR 31820, July 30, 1976). - 3 - General The factors within Section 304(b)(1)(3) of the Clean Water Act were considered in making the above BEJ determinations. Total costs related to benefits is not expected to be • significantly different in Alaska compared to the lower 48 states. There are no anticipated significant differences between plant in Alaska and those in lower 48 states for the following factors: Age of equipment and facilities Engineering aspects of control techniques Process changes Non -water quality environmental impact, (includes energy). Prepared by Robert 'L. Stamnes 9/24/79 Ref. 1 September 1975 Development Document for Effluent Limitations Guidelines and New Source Performance Standards for the Fish Meal, Salmon, Bottomfish, Clam, Oyster, Scallops, Herring and Abalone Segment of Canned and Preserved Fish and Seafood Processing Industry Point Source Category (EPA 440/1- 75/041a, Group I, phase IV). Ref. 2 Telephone conversation with Harold Barnett, NMF (442 -4563) 6/19/79. Ref. 3 Telephone conversation with David Ertz, Jordan Company 1979. Ref. 4 Telephone conversation with Harold Barnett, NMF (442 -4563) early 1979. Ref. 5 Fishes of the Atlantic Coast of Canada, A.H. Leim and W.B. Scott, Fisheries Research Board of Canada Bulletin No. 155, 1966; and Fisheries of the Pacific Coast of Canada, W.A. Clemens, O.V. Wilby, Fisheries Research Board of Canada Bulletin No. 68, 1961 (Second Edition 1967). Ref. 6 Telephone conversation with David Ertz, Jordan Company, May 29, 1979. MEMORANDUM State`of Alaska TO: FROM: Patty Bielawski Regional Coordinator Div. of Governmental CoordinationFiLENO: Office of Management & Budget: DATE: May 13, 1985 0485 -IV -93 TELEPHONE NO: 267 -2346 Dennis D. Kelso Deputy Commissioner Department of Fish and. Game BY: Denby S. Lloyd \ Habitat Biologist Region IV Habitat Division Department of Fish and Game SUBJECT: NPDES Reissuance Ursin Seafoods St. Paul Harbor , Kodiak The Alaska Department of Fish and Game (ADF &G) has reviewed the wastewater discharge project referenced above. We have no objection to the project as proposed, so long as state water quality standards are achieved. Pursuant to 6 AAC 80.010(b), the ADF &G recommends that this project be found to be consistent with the Standards of the Alaska Coastal Management Program. By copy of this memorandum we are providing the Corps of Engineers with our comments and recommendations on this project pursuant to the Fish and Wildlife Coordination Act (16 U.S.C. 661- 666c). We appreciate the opportunity to comment. If you have any specific questions, please contact Denby Lloyd (267 - 2333). cc: D. Kohler, COE T. Rumfelt, DEC L. Freed, KIB - Kodiak Island Borough Kodiak, Alaska RECEIVED MAY 151985 PM ;i I1P11,111,2i .j1illfta p4;, SrFi 1 01 Ma OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHEAST REGIONAL OFFICE SOUTHCENTRAL REGIONAL OFFICE 431 NORTH FRANKLIN POUCH AW, SUITE 101 JUNEAU, ALASKA 99811-0165 PHONE: (907) 465-3562 Registered Mail Return Receipt Requested ,UrsinT-Seafoods, Inc. P.O. Box 492 Kodiak, AK 99615 Gentlemen: 2600 DENALI STREET SUITE 700 ANCHORAGE, ALASKA 99503-2798 PHONE: (907) 274-1581 June 6, 1984 SUBJECT: ST. PAUL HARBOR NPDES - REISSUE STATE I.D. NUMBER AK850424-36A NPDES No. AK 00034-5 BILL SHEFFIELD, GOVERNOR CENTRAL OFFICE POUCH AW JUNEAU, ALASKA 99811-0165 PHONE: (907) 465-3562 NORTHERN REGIONAL OFFICE 675 SEVENTH AVENUE STATION 11 FAIRBANKS, ALASKA 99701-4596 PHONE: (907) 456-3084 Kodiak Island Borough Kodiak, Alaska RECEIVED flN 1 01985 AM P 7 IIIC)111110:1111'i'01ri The Division of Governmental Coordination_(DGC) has completed the consistency review of your project in which-you propose to - discharge wastewater from seafood processing operations-at Pier 1, St. Paul Harbor, Kodiak, Alaska. This conclusive consistency determination applies to the following State and federal authorizations as per 6 AAC 50: 1. Alaska Department of Environmental Conservation (DEC) - Certificate of Reasonable Assurance. 2. U.S. Environmental Protection Agency (EPA) - NPDES Permit. Based on our review, the Division concurs that the proposal is consistent with the Alaska Coastal Management Program provided the following stipulations are adopted. The stipulations listed below will be placed on the Certificate of Reasonable Assurance issued by, the DEC. Section numbers indicated refer to those in the Draft EPA NPDES permit. 1. Part shall read as follows: The pH shall not be less than 6.5 standard units, nor greater than 8.5 standard units. DEC recommends that the monitoring frequency for pH be added to Part 01-A35LH Ursin Seafoods, Inc. 2 St. Paul Harbor NPDES - Reissue State I.D. No. AK850424-36A 2. Part I.B.3. shall read as follows: June 6, 1985 The permittee shall notify the E.P.A. and the Department of Environmental Conservation's Anchorage/Western District Office at 437 'E' Street, Suite 303, Anchorage, Alaska 99501, of any discharge of toxic substances, within 24 hours. 3. Part II.k. shall read as follows: The permittee shall allow the Director, DEC, or an authorized representative, upon the presentation ... 4. Part III.A. shall require the permittee to notify DEC as well as the Director of any planned changes. 5. Part III.3.a.and b. shall allow DEC, as well as the Director, to take enforcement action for a bypass and approval of a bypass. 6. Part IV.A. shall require the permittee to notify DEC, as well as the Director, of changes in the discharge of toxic substances. '7. Part IV.B. shall-require,thelpermittee to notify DEC, as wel1las the Director,-of any planned changes. 8. Part IV.F. shall require the permittee to furnish DEC, as well as the Director, any information requested. These stipulations are necessary to allow monitoring of and protection of water quality per 6 AC 80.140 Air, Land, and Water Quality. The text of this standard is provided as an enclosure to this letter. By a copy of this letter we are informing the EPA of our finding. Thank you for your cooperation with the Alaska Coastal Management Program. Sincerely, Robert L. Grogan Associate Director By: Enclosure co2/45A Pattf Bielawski Project Coordinator Ursin Seafoods, Inc. 3 St. Paul Harbor NPDES - Reissue State I.D. No. AK850424 -36A cc: Meg Hayes Department of Natural Resources Bob Flint Department of Environmental Conservation Lance Trasky Department of Fish and Game Linda Freed Kodiak Amber Wong U. S. Environmental Protection Agency co2 /45A June 6, 1985 SETE &WS OFFICE OF TUB GOVERNOR - ,F.FICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL' COORDINATION - SOUTHEAST REGTONA . OFFICE-- _, 431 NORTH FRANKLR4 POUCH A W, SUITE 101 __ JUNEAU, ALASKA 99811-0165 PHONE: (907j 4653562 ,APPLICANTS BovnHa NTRAL REGIQNAL 2800 DENA) STREET SUITE 700 _ .. _ . ._. ANCHORAGE. ALASKA 99503-2798 PHONE: (907) 2714581 PROJECT INFORMATION SHEET PROJECT TITLE: ..5"1'. P,i / A47,40 BILL SHEFFIELD, GOVERNOR CENTRAL 0RME. POUCH AW JUNEAU, ALASKA 99811-0165 PHONE: (907) 1853582 NORTHERN REGIONAL OFFICE- II75 SEVENTH AVENUE ._ STATION H - FAIRBANKS, ALASKA 99701 -4596 PHONE: (90n 456,7084 4/Pv Es - 6-es f cs STATE I.D. NUMBER /REVIEWING OFFICE*. AKt OVo2. PROJECT DESCRIPTION: PROJECT LOCATION: ELECTION DISTRICT: COASTAL DISTRICT : Z;(-oat 4i APPROVED PLAN ?YES - ACTIVITY TYPE: _y l FORMAT: ,Q7 NO. _ PENDI FEDERAL APPROVALS /I.D. NUMBERS: /(/t D -S - oot .3y ,C 1D;ssu�_ STATE APPROVALS /I.D. NUMBERS: 0© / REVIEWER MILESTONES (Day 1 / .'/ /9eS REVIEW SCHEDULE: 30 -Day )50 -Day REQUEST FOR ADDITIONAL INFORMATION BY: JW4 /Y , %S COMMENTS DUE BY: /117 A7 /MS S PROJECT STATUS NOTIFICATION BY: 4 1;9,-S PROJECT: COORDINATOR: - Rev: 3 -20 -8, CLOSE -OUT DATE: TYPE OF CLOSE -OUT: ACTION CODE: ii ACTUAL ' i OF • 1. - REVIEWER PARTICIPATION: DNR DEC - DOTPF LOCAL YES „NO YES NO YES • NO YES NO DFG v YES DCRA YES DCED YES LAW YES- . COASTAL DISTRICTS Y YES NO EXTENSION REQUESTED BY: DNR DEG DEC COASTAL DISTRICT PUBLIC HEARING: - REQUESTED YES NO HELD YES NO NO NO NO APPLIC T DGC FORMAL INFORMATION REQUEST MADE: YES NO •IF YES, CLOCK STOPPED FOR REVIEW COMPLETED AT: REGIONAL LEVEL DIRECTOR LEVEL COMMISSIONER LEVEL POLICY RENDERED BY COMMISSIONERS: MONITORING REQUIRED: YES 13- PROD /pi /PERM NO YES NO DAYS Application No. Name of Applicant lit. "c i SC`% f ''.t Effective Date jAN ° � 1982 Expiration Date (If applicable) . 1 • 1. T. try DEPARTMENT OF THE ARMY PERMIT Referring tp written request dated r;- elr : - ^'s l-.ceP° 1:: in for a permit to: I Perform work in or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 133 U.S.C. 4031; ( ) Discharge dredged or fill material into waters of the United States upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat. 816, P.L. 92-500); t ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P.L. 92-532); )• St =c• r'ry inc 8_or is hereby authorized by the Secretary of the Army: t0 /' t a -,. . .? s'• .0 5 ti- ; ( tf :'f :i: c-e i''iii? ! .rc 1 oci l fit( p t)ces i !-'C, p` et;'; at i in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on drawings: give file number or other definite identification marks.) 5DIT {C iT _. T R AT V.`' 1 :� 's PiA S.{ p P L I CAT't i • T`', x FO 7 subje,:t to the following conditions: I. General Conditions: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions j or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, v.he■her or not this permit has been previously modified, suspended or revoked in whole or in part. EiJG FORM 1 JUL 77 1721 EDITION OF 1 APR 74 IS OBSOLETE. 1 • •a (ER 1145 -2 -303) b. That all activities authorized herein s,io -., if they involve, during their construction or opera'.,‘,.:, any discharge of pollutants into waters of •the United States or ocean waters, be at all times consistent with. applicable water quality standards, effluent limitations and standards of performance, prohibitions, pretreatment standards and management practices established pursuant to the Federal Water Pollution Control Act of 1972 (P.L. 92 -500; 86 Stat. 816), the Marine Protection, Research and Sanctuaries Act of 1972 (P.L. 92 -532, 86 Stat. 1052), or pursuant to applicable State and local law. c. That when the activity authorized herein involves a discharge during its construction or operation, of any pollutant (including dredged or fill material), into •vaters of the United States, the authorized activity shall, if applicable water quality standards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementat on plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act, or endanger the critical habitat of such species. e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife, and natural environmental values. f. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality. g. That the permittee shall permit the District Engineer or his authorized representativels) or designees) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. h. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto. i. That this permit does not convey any property rights, either. in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion or rights or any infringeinunt o: Federal, State, or local .aws or regulations nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. j: That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a written notice thereof which shall indicate (1) the. extent .of the suspension, (2) the reasons for this action, and (3) any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. k. That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been.a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shall specify the facts or conduct warranting same unless (1) within the 30-day period the permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in fact, occur or (b) the alleged violation was accidental, and the permittee has been operating in compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conUn.ons of this permit; or (2) within the aforesaid 30 -day period, the permittee requests that.e public hearing b2 =Held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed by the Chief );if Engineers. I. That in issuing this permit, the Government has relied on the information and data which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part, and /or the Government may, in addition, institute appropriate legal proceedings. • m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced, as far in advance of the time of commencement as. the District Engineer may specify, and of any suspension of work, if for a period of more than one week. resumption of work and its completion. 2 o. That if the activity authorized herein ,ot started on or before "-- day 19 (one year from the date of issuance of this permit unless otherwise specified) and is not completeu u;i or before day of 19 , (three years from the date of issuance of this permit unless otherwise specified) this permit, if not previously revoked or specifically extended, shall automatically expire. p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must restore the area to a condition satisfactory to the District Engineer. r. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferQe's.written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests .authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. H. Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit): c: =-r^ 3 Frr: The following Special Conditions will be applicable when appropriate: STRUCTURES IN OR AFFECTING NAVIC . .E WATERS OF THE UNITED STATES: a. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. b. That no attempt shall- be made-by the per to the activity authorized by this permit. ee to prevent the full and free use by the public of all navigable waters at or adjacent c. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. d. That the permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to comply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee. e. Structures for Small Boats: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for any such damage. MAINTENANCE DREDGING: a. That when the work authorized herein includes periodic maintenance dredging, it may be performed under this permit for years from the date of issuance of this permit (ten years unless otherwise indicated); b. That the permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. DISCHARGES OF DREDGED OR = ILL '0.4 -ERiAL INTO WATERS CI' TI:E UNITED STATES: a. That the discharge will be carried out in conformity with the goals and objectives of the EPA Guidelines established pursuant to Section 404(b) of the FWPCA and published in 40 CFR 230; b: That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities; c. That the fill created by the discharge will be properly maintained to prevent erosion and other non -point sources of pollution; and d. That the discharge will not occur in a component of the National Wild and Scenic River System or in a component of a State wild and scenic river system. DUMPING OF DREDGED MATERIAL INTO OCEAN WATERS: a: That the dumping will be carried out in conformity with the goals, objectives, and requirements of the EPA criteria established pursuant to Section 102 of the Marine Protection, Research and Sanctuaries Act of 1972, published in 40 CFR 220 -228. b. That the permittee shall place a copy of this permit in a conspicuous place in the vessel to be used for the transportation and /or dumping of the dredged material as authorized herein. This permit shall become.effective on the date of the District Engineer's signature. ' "permittee hereby accepts and agrees to comply with tiie terms and conditions of this pertnit. 1' PERMITTEE DATE BY AUTHORITY OF THE SECRETARY OF THE ARMY: /Vl Perri • Pre_ce• ) eguir o _ Ftt fiction DISTRICT ENGINEER, U.S. ARMY, CORPS OF ENGINEERS DATE Transferee hereby agrees t6 comply with the terms and conditions of this permit. . TRANSFEREE 4 DATE RP U. S. GOVERNMENT PRINTING OFFICE: 1980- 624 -404 3.1 r 05"N p IJJCATIO • PROJECT LOCATION' EXISTING CK • SCALE IN FEET .410675100 PLAN 250' EXISTING 300 0 SCALE IN hhi. VICINITY MAP U.S.C. G.S. IIDAL UATA M.H.H.W. M.H.W. M.L.W. M.L.L.W. 55' CONCRETE DECK STEEL PILES AT 10' CM' HORIZ. 50 0 50 VERT. 20 •0 IN PURPOSE: DOCK FOR COMMERCIAL FISH PROCESSING PLANT DATUM: U.S.C. & G.S. ADJACENT PROPERTY OWNERS: 1. PACIFIC PEARL SEAFOODS BOX 87, KODIAK, ALASKA 2. PAN ALASKA FISHERIES BOX 847, KODIAK, ALASKA • • 90' . .W. 0.0 0 ECTION A 8.5 7.6 1.0 0.0 DECK 20,0 M.H.H.W. 8.5. ELEV. -12.0 i;ODIAK HAR64R. gC PROPOSED DOCK ADDITION IN: KODIAK HARBOR AT: KODIAK, ALASKA APPLICATION BY: URSIN SEAFOODS, INC. P.O. BOX 492 KODIAK, ALASKA 99615 DATE: SEPTEMBER 11, 1981 • Application No Name tif,Applicant Crsin Seafoods, Inc. t?? Effective Date f1 vT 2 ' i. Expiration Date (If applicablle) File No. Paul Harbor 24 DEPARTMENT OF THE ARMY PERMIT Referring to written request dated 10 i' v I for a permit to: ( X Perform work in or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403); ( ) Discharge dredged or fill material into waters of the United States - upon -the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat. 816, P.L. 92 -500); I ) Transportdredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P,L. 92 -532); L'r i n Seaf ooc s, Inc. P.O. Box 4g2 Kodiak, ^ :. V 5i S is hereby authorized by the Secretary of the Army: to Construct a 20tx601 steel pile Suppori:,:d, concrte decked addition to an i sti ng Pier for a commercial fish processing plant in • S; CtiOn 32,. T. 27 S., at aska IV ia., .i'i. in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on drawings: give file number or other definite identification marks.) PROPOSED PIER FOR •COMkERCIAL FISH PROCESSING PLANT, DATUM: U.S.C. AND G.S., ADJ".CENT PROPERTY OWNERS: PACIFIC PEARL SEAFOODS, P.O. BOX 87, KODIAK, P.! i.SKA, PAN ALASKA FISHERIES, P.O. 50r 3n7 , KODIAK, ALASKA, IN: KODIAK ARSOR, .KODIAK, ALASKA, COUNTY CF ALASKA, APPLICATIOI'd BY: U Sit; SEAFOODS, P.V. 10 i't KODIAK, ALASKA, T v t.: 10 MAY 198 2, 1 SHEET" subject to the following conditions: 1. General Conditions: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions j or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in part. ENG FORM 1721 EDITION OF 1 APR 74 IS OBSOLETE. 1 JUL 77 • (ER 1145 -2 -303) b. That all activities authorized herein if they involve, during their construction or open . _ any discharge of pollutants into waters of the United States or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pretreatment standards and management practices established pursuant to the Federal Water Pollution Control Act of 1972 (P:L. 92 -500; 86 Stat. 816), the Marine Protection, Research and Sanctuaries Act of 1972 (P.L. 92 -532, 86 Stat. 1052), or pursuant to applicable State and local iaw. c. That -when the activity authorized herein involves a discharge during its construction or operation, of any pollutant (including dredged or fill material), into waters of the United States, the authorized activity shall, if applicable water quality standards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementat on plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act, or endanger the critical- habitat of such species.. • e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife, and natural environmental values. f. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality. g. That the permittee_ shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. h. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto. i. That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury ;o property ,)r invasion of ri:ir .s or ;-y ;nfringement c•f =ederal, Stats, C local laws or re; ul,tons nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this action, and (3) any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate • imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this•notice of suspension, the permittee may request a hearing in order to present information reievantto a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. k. That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the . , permittee of written notice of such action which shall specify the facts or conduct warranting same unless (1) within the 30-day period the permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in fact, occur or (b) the alleged violation was accidental, and the permittee has been operating in compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and ., �teditions of t' e_ -i;c; met; or (a),witfiirfi the aforesaid 30 -aay period, tho permittee requests that a public hearing be held to prese ,`r oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed by the Chief of Engineers. I. That in issuing this permit, the Government has relied on the information and data which the permittee has provided in connection •with his permit application. If, subsequent to the issuance of this permit,•such information and data prove to be false, incomplete or inaccurate, this permit may be modified,•suspended or revoked, in whole or in part, and /or the Government may, in addition, institute appropriate legal proceedings. m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. . ' n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced, as far in advance of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than one week, resumption of work and its completion. 2 • o. That if the activity authorized her not started on or before d( 19 (one year from the date of issuance of this-permit unless otherwise specified) and is not completed -on or before day of 19 , (three years from the date of issuance of this permit unless otherwise specified) this permit, if not previously revoked or specifically extended, shall automatically expire. p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein. to a third party pursuant to General Condition t hereof, he must restore the area to a- condition satisfactory to the District Engineer. r. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. . t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in the space provided- below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. II. Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit): • • ;, 3 The following Special Conditions will be app ole when appropriate: STRUCTURES IN OR AFFECTING NAVIGABLE WATERS OF THE UNITED STATES: a. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. b. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. c. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. d. That the permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to comply with the direction of the Secretary of the Army or his authorized representative, the Secretary, or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee. e. Structures for Small Boats: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does hot' relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for any such damage. MAINTENANCE DREDGING: a. That when the work authorized herein includes periodic maintenance dredging, it may be performed under this permit fo years from the date of issuance of this permit (ten years unless otherwise indicated); b. That.the permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES: a. That the discharge will be carried out in conformity with the goals and objectives of the EPA Guidelines established pursuant to Section 404(b) of the FWPCA and published in 40 CFR 230; b. That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities; c. That the fill created by the discharge will be properly maintained to prevent erosion and other non -point sources of pollution; and d. That the discharge will not occur in a component of the National Wild and Scenic River System or in a component of a State wild and scenic river system. DUMPING OF DREDGED MATERIAL INTO OCEAN WATERS: a. That the dumping will be carried out in conformity with the goals, objectives, and requirements of the EPA criteria established pursuant to Section-102 of the Marine Protection, Research and Sanctuaries Act of 1972, published in 40 CFR 220-228. b. That the permittee shall place a copy of this permit in a conspicuous place in the vessel to be used for the transportation and /or dumping of the dredged material as authorized herein. This permit shall become effective on the date of the District Engineer's signature. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. G •" PERMITTEE (% i ! '- �E BY AUTHORITY OF THE SECRETARY OF THE ARMY: CK L. FERRISE SE , J%. Acting Chief, inttz for Permit Processing Section Recu { at tory Functions Branch _ DISTRICT ENGINEER, rte; f,' E. SHLIir'(a U.S. ARMY, CORPS OF ENGG RSt Transferee hereby agrees to comply with the terms and conditions of this permit. TRANSFEREE 4 DATE 61c.z, FiAt DATE DATE r U. S. GOVERNMEN.---- ,NTING OFFICE: 1960- 624.404 3.1 MPHIA/ Z.7(,57/M2 /ST/ V)::, • Ss) N 0 PLAN DJ' zoct it %' i00 0 100 SCALE /N FFET .EA/S7//G FIER_ N C.17->' OF KODIA /;. 0 GOO 5C/1L5 /4/ FEET Vic/y77 MAP us.c - TIDAL DATA AtLk.W. 8.5' tit Ff. tA/. ' I. C) Ai L. .L .1A1 0.0' PROFta:.:ED D D177 ON_ CK 20.0 ..10,17/ Z.. ` • f____,........_. 50 -.•• .• J-i-,-1 WIRT . =----:=7 10 C' 20 `7,11 r 1 Al. ra7 . CONC iTETE DEC --- TE FL_PI LE 1 CAF S PURPOSE: PIER FOR COMMERCIAL FISH PROCESSING PLANT DATUM U.S.C. & G.S. ADJACENT PROPERTY OWNERS: 0 PACIFIC PEARL SEAFOODS P.O. BOX 87 KODIAK, ALASKA 0 PAN ALASKA FISHERIES P.O. BOX 847, KODIAK, ALASKA ST. PAUL HARBCR 24 IN KODIAK HARBOR AT KODIAK,ALASKA COUNTY OF STATE ALASKA APPLICATION URSIN SEAFOODS P.0HEE , By 49gr KOOK, ALASKA a 1 • 1 5-10-82 00 s.. • App1)3ation No. Name of Applicant Effective Date 071 OYD - 77L_..2 Ursin Seafoods ,PR 4 1978 Expiration Date (If applicable) File No. Kodiak Harbor 60 N/A DEPARTMENT OF THE ARMY PERMIT • • Referring to written request dated 4 nc'tnber 1q77 for a permit to: ( Perform work in or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403); ( ) Discharge dredged or fill material into navigable waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat. 816, P.L. 92 -500); ( ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through -the, Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P.L. 92 -532); - Ursin Seafoods . (Here insert the full name and address of the permittee) P.O. Box 492' KJtILL, AXi 99615 is hereby authorized by the Secretary of the Army: to construct a 25'x42' dock extension to their existing 225' dock and approach in accordance. with the approved revised plan attached and described below, in Kodiak Harbor (Here describe the proposed structure or activity, and its intended use. In the case of an application for a fill permit, describe the structures, if any, proposed to be erected on the fill. In the case of an application for the discharge of dredged or fill material into navigable waters or the transportation for discharge in ocean waters of dredged material, describe the type and quantity of material to be discharged.) (Here to be named the ocean, river, harbor, or waterway concerned.) at Kodiak, Alaska.— (Here to be named the nearest well -known locality- _ preferably a town or city —and the distance in miles and tenths from some definite point in faie same, stating' whether above or below or giving direction by points of compass.) in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on drawings: give file number or other definite identification marks); . • "PROPOSED DOCK EXTENSION; IN: KODIAK HARBOR; AT: KODIAK, ALASKA; APPLICATION BY: URSIN SEAFOODS; DATE: 4 .00TOBER 1977; 1 SHEET." subject to the following conditions: 1. General Conditions: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions j or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in part. ENG FORM 1721 1 APR 74 EDITION OF JUNE 1968 IS OBSOLETE. (ER 1145 -2 -303) b. That all activities authorized herein shat ,;:.hey involve a discharge or deposit into navigable : _•s or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, and pretreatment standards established pursuant to Sections 301, 302, 306 and 307 of the Federal Water Pollution Control Act of 1972 (P.L. 92 -500; 86 Stat. 816), or pursuant to applicable State and local law. c. That when the activity authorized herein involves a discharge or deposit of dredged or fill material into navigable waters, the authorized activity shall, if applicable water quality-standards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the permittee agrees to make every reasonable effort to prosecute the work authorized herein in a manner so as to minimize any adverse impact of the work on fish, wildlife and natural environmental values. e. That the permittee agrees to prosecute the work authorized herein in a manner so as to minimize any degradation of water quality. f. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. g. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto. • h. That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the.requirement to obtain State or local assent required by law for the activity authorized herein. i. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this action, and (3) - any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate . imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. • - k. That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the permittee of written -r..c *ice of such action -which shall sp?cif-; the facts or conr+uct warranting sar^e unless (1) withi' the 30-day period: the permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not; in fact, occur or (b) the alleged violation was accidental, and the permittee has been operating in compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this permit; or (2) within the aforesaid 30-day period, the permittee requests that a public hearing be held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed L -. --- - by'the.Chief of Engineers. ' I. That in issuing this permit, the Government has relied on the information and data which the permittee has provided in connection E— with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be false, incomplete or - inaccurate, this permit may be modified, s uspended or revoked, in whole or in part, and /or the Government may, in addition, institute appropriate legal proceedings. – - -- m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. r' • n. That the permittee shall notify the D4.:..: Engineer at what time the activity authorized herein will be commenced, as far in advance of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than one week, resumption of work and its completion. o. That if the activity authorized herein is not started on or before day of , 19 - - - -- (ono year from the date of issuance of this permit unless otherwise specified) and is not completed on or before day of , 19 -- — —(three years from the date of issuance of this permit unless otherwise specified) this permit, if not previously revoked or specifically extended, shall automatically expire. p. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. q. That if the display of fights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by end at the expense of the permittee. r. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. . s. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition v hereof, he must restore the area to a condition satisfactory to the District Engineer. t. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. u. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herbio. v. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and condition of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers.the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or-other appropriate official. - The following Special Conditions will be applicable when appropriate: STRUCTURES FOR SMALL BOATS: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for any such damage. IA L INTO OCEAN WATERS: That the e ransttortation -ERECTION-9F STRUCTURE IN OR OVER NAVIGABLE WATERS: That the permittee, upon• receipt of a notice of,�rocatton of this permit or upon its expi lotion of the authorized structure or work, sh. (Wait Lott pence to the United States end in such time and manner as the Secretary of the Army ...••- •::•.i . resentative may direct, restore the waterway to its former conditions. If the permittee fails . e direction of the Secretary of t e r • • •. ed representative, the Secretary or h • -- restora the waterway to its former condition, by contract or otherwise, and recover the e permittee. -. ■•• 1 That when the work authoriaed herein includes periodic maintenance dreckgag...i.t.may-be-erFormed under this permit for s othervvise indicated); and (2) That the at least two weeks before he intends to underta e ii. Special Conditions (Here list conditions relating specifically to the proposed structure or work authorized by.this permit): a. That care shall be taken to keep debris, petroleum products, or other deleterious material from entering the water. b. That the permittee shall notify the Commander, Seventeenth Coast Guard District (oan), of the location and markings of all anchors, buoys, and anchor chains of vessels used during construction. c. That all vessels used in the construction of the authorized structure • • shall display proper daymarks and lights at all times; that all vessels shall have the capability of communicating with approaching vessels on Channel 13 VHF- FM; and that adequate precautions shall be taken to insure that anchors and -- anchor cables are identifiable and do not unnecessarily restrict movement of vessels in the area. d. That the permittee shall advise the District Engineer of the penetration of the piling achieved in accomplishing the authorized work.. This permit shall become effective on the date of the District Engineer's signature. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. PERMITTEE TITLE BY AU HORITY OF THE SECRETARY OF THE AR .GEOCI R. ROBERT COLONEL, CORPS OF ENGINEERS DISTRICT ENGINEER, NuLsittity.floys.pfiptipiiNEERS Lt. Colonel, Corps of Engineto Deputy District Engineer Transferee hereby agrees to comply with the terms and conditions of this permit. c-? DATE TRANSFEREE 4 DATE 1.• ROP06. 2.5 -A X1fIG _17:1-"Ic7-7.MEE.T.Z-2C)•:0 ORIZONTAL. VERT!. '''''''''''' __Paant_Dock 4. ;Aiiiaberee.LIT.r.opa 4-4 .. ..... . r ' .64.5 ^ ............. ...... ............ ■ • . 515 O.POSED?DOCIEXTEWS1 . -.4.-.--- Atl<odiak A ic.ation- ar or - ... irr 004" Keictiak. iask,m-a5G15-' 5h • • ........... *- • 6:. rCRE • 41. Application No. 76-43a Name of Applicant Ursin Seafoods Effective Date NOV 1 01976 Expiration Date (If applicable) N/A File No. Kodiak Harbor 60 DEPARTMENT OF THE ARMY PERMIT Referring to written request dated S March 1976 for a permit to: ( )t Perform work in or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403); ( ) Discharge dredged or fill material into navigable waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat. 816, P.L. 92-500); ( ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P.L. 92-532); Ursin Seafoods P.O. Box 452. Kodiak, Alaska 99615 is hereby authorized by the Secretary of the Army: to construct a 20'x80' dock extension to their existing 225' dock and approach (Here insert the full name and address of the permittee) (Here describe the proposed structure or activity, and its intended use. In the case of an application for a fill Permit, describe the structures, if any, proposed to be erected on the fill. In the case of an application for the discharge of dredged or fill material into navigable waters or the transportation for discharge in ocean waters of dredged material, describe the type and quantity of material to be discharged.) (Here to be named the ocean, river, harbor, or waterway concerned.) .1.11 (Here to be 'ruled the nearest- well-known locality- preferablY'a -town or city—and ihe distance in milei and tenths from some definite point in the same, stating whether above or below or giving direction by points of compass.) in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on drawings: give ffle number or other definite identification marks): . . • • "PROPOSED DOCK 2 SION; IN KODIAK FiARBOR;.AT: KODIAK, ALASKA; APPLICATION BY: URSIN SEAFOODS, BOX 492, KODIAK, ALASKA 99615; SHEET 1 OF 1; DATE: 3/5/76." subject to the following conditions: I. General Conditions: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions j .or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in part. ENG FORM 17.21 1 APR 74 7 if EDITION OF JUNE 1968 IS OBSOLETE. (ER 1145-2-303) b. That all activities authorized herein shall, if they involve a discharge or deposit into navigable waters or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, and pretreatment standards established pursuant to Sections 301, 302, 306 and 307 of the Federal Water Pollution Control Act of 1972 92- 500; 86 Stat. 816), or pursuant to applicable State and local law. c. That when the activity authorized herein involves a discharge or deposit of dredged or fill material into navigable waters, the authorized activity shall, if applicable water quality standards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the permittee agrees to make every reasonable effort to prosecute the work authorized herein in a manner so as to minimize any adverse impact of the work on fish, wildlife and natural environmental values. e. That the permittee agrees to prosecute the work authorized herein in a mariner so as to minimize any degradation of water quality. f. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. g. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto. h. That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property er invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. i..That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this action, and (3) any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. k. That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest: Any such modification, suspension, or revocation shall become effective 30 days-after receipt blithe permittee of written notice of such action which shall specify the facts or conduct warranting same unless (1) within the 30-day period the permittee is able_ to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in fact, dccur or (b) the alleged violation was accidental, and the permittee has been operating in compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this permit; or (2) within the aforesaid 30-day period, the permittee requests that a public hearing be held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed by the Chief of Engineers. I. That in issuing this permit, the Government has relied on the information and data which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, in wholer or in part, and /or the Government may, in addition, institute appropriate legal proceedings. m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced, as far in advance of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than one week, resumption of work and its completion. started o. That if the activity authorized herein is not k, , on or before day of , 19 lone year from the date of issuance of this permit unless otherwise specified) and is not completed on or before — — — — day of >9 (three years from the date of issuance of this permit unless otherwise specified) this permit, if not previously revoked or specifically extended, shall automatically expire. p. That no attempt shall be made by the permitt to the activity authorized by this permit. to prevent the full and free use by the public of all navigable waters at or adjacent q. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. r. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. s. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition v hereof, he must restore the area to a condition satisfactory to the District Engineer. t. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be nece.ary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. u. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. v. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and condition of this permit or by the transferee subscribing to this permit in the space provided- below and thereby agreeing to comply with all terms and conditions of this permit. In addition, If the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. The following Special Conditions will be applicable when appropriate: w. STRUCTURES FOR SMALL BOATS: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve :the permittee from taking all proper • steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the per,^ hide shall not hold'i■e United Statesriiable for any such iiamage. ' ilSCHAR►Gp OF DREDGED MATERIAL INTO OCEAN WATERS: That the permittee shall place a cppy__of tbi. o rmit is a .. ..r a r r • er-iel -a. uthorized tiezg n on an 0 u ERECTION OF STRUCTURE IN OR OVER NAVIGABLE WATERS: That the permittee, upon receipt of a notice of revocation X. of this permit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to comply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee. r• C•° MA114- under NG: (1) That wit, e work authorized herein includes periodic mainte dredgin it ma erwise indicated); and (2) That the is permit for ye 'strict from • a - ngineer in writing at least two weeks before 'he intends to un.er a e II. Special Conditions (Here list conditions relating specifically to the proposed structure or work authorized by this permit): his permit shall become effective on the date of the District Engineer's signature. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. PERMITTEE & TITLE AUTHOR ITX-oFTHE SECRETARY OF THE AMAY.: R. ROBERTSON ,whpitT6GER OF ENGINEERS U.S. ARMY, CORPS OF ENGINEERS DATE Ar AP- Transferee hereby agrees to comply with the terms and conditions of this permit. DATE TRANSFEREE DATE 4 4 ■>. Ne. 44. vo. v *o, 30- TIDAL::CIA 111341.1-1. "tAt -cy4- *•••■( 1■1 0O '" 0 SCALE IN FEE T vs- La ..... ...... 0 .... , ........ ....... • E.:>crEl;3:SIC):Ist e, PILE k.jr $4.44:1,4 tZ.. 50 .-t ZO SCALW:Thl. EtT ....... v ...... v•• L. .. • j. pr.e -earthqiiake-- -KODIAK HARIT 3.- -PaciTic.-Pearl Box-87. ... ......... /— 7.2_60-/e) DEPARTMENT OF THE ARMY PERMIT Kodiak Harbor 45 Ursin Seafoods, Incorporated Post Office Box 492 Kodiak, Alaska 99615 Referring to written request dated 2 tIay 1972 upon the recommendation of the Chief of Engineers, and under the provisions of Section 10 of the Act of Congress approved March 3, 1899, (33 U.S.C. 403), entitl.ed "An. act making appropriaticns for ths . nonstruction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," you are hereby authorized by the Secretary of the Army to maintain an existing dock and construct a dock extensio Kodiak Harbor irt accordance "PROPOSED DOCK wilaogIe04),laintspEaadriDd y6ticnig sN BOX. 492, KODIAK, AK., 2 MAY 1972." subject to the following conditions: (a) That this instrument ibcD not convey any property rights either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to private'oroperty or invasion of private rights, or any infringement of Federal, State or local laws or regulations, no.r does it obviate the necessity of obtaining State -or local assent required by law for the structure or work authorized. (.b? That the structure or work authorized' herein shall be in accordance with the plans and drawings attached hereto and construction shall be subject to the supervision and approval of the District Engineer, Corps of Engineers, in charge of the District in which the work is to be performed. (c) That the District Engineer may at any time make such inspections as he may deem necessary to assure that the construction or work is performed in accordance with the conditions of this permit and all expenses thereof shall be borne by the permittee. (d} That the permittee shall comply promptly with any lawful regulations, conditions, or instructions affecting the structure or work authorized herein if and when issued by the Water Programs Office of the Environmental Protection Agency and /or the State water pollution control agency having jurisdiction to abate or prevent water pollution, including thermal or radiation pollution: Such-regulations, conditions, or instructions in effect or hereafter prescribed by the Water Programs Office of the Environmental Protection Agency and /or the State water pollution control agency are hereby made a condition of this permit. (e` That the permittee will maintain the work authorized herein in good condition in accordance with the approved plans. (f) That this permit may, prior to the completion of the structure or work authorized her+ '.r., . by suspended by authority of the Secretary of the Army if it is determined ghat suspension is in the public interest.* (g' That this permit may at any time be modified by authority of the Secretary of the Army if it is determined that, under existing circumstances, modification is in the public interest.* The permittee, upon receipt of a notice of modification, shall comply therewith as directed by.the Secretary of the Army or his authorized representative. (h). That this permit may be revoked by authority of the Secretary of the Army if the permittee fails to. comply with any of its provisions or if the Secretary determines that, . under the existing circumstances, such action is required in the public interest.* .(i) That. any modification, suspension or revocation of this 'permit shall not be the basis for a claim for damages against the United States. (j) That the United States shall in no way be liable for any damage to any structure or work authorized herein which may be caused by or result from future operations under- taken by the. Government in the Public interest. (k) That no attempt shall be made by the permittee to forbid the full and free use by %'r -_e _pubiic:r ='all navtgab'le° waters ac' or adjacen-t to the structure or work 'Authorized by'. this permit. (1) • That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law; such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained•by and at the expense of the oermittee. (m`• That the permittee shall notify the District Engineer at what time the construction or work will be commenced, as far in advance of the time of commencement as the District Engineer may specify, and of its completion. (n` That if the structure or work herein authorized is not completed on or before the 31st day of December, 1975, -this permit, if not previously revoked or specifically ex- tended, shall cease and be null and void. (0)'That the legal requirements of all Federal agencies be met. (p) That this permit does not authorize or approve the construction of particular structures, the authorization or approval of "which may require action by the Congress or other. agencies of the Federal government. (q) That all"the provisions of this permit shall be binding on any assignee or successor in interest of the permittee. (r) That if the recording of this permit is possible under applicable State or local law, the permittee shall .take such action as may be necessary to record this permit with the Registrar of Deeds or other appropriate official charged with the responsibility.for main- taining records of title to and interests in real property. (s),That the permittee agrees to make every reasonable effort to prosecute the construction or work authorized herein in a manner so as to minimize any adverse impact of the construction or work on fish, wildlife and natural environmental values. (t) That the permittee agrees that it will prosecute the construction of work authorized herein in a manner so as to minimize any degradation of water quality. (u) That the permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United States, at the direction of the Secretary of the Army and in such time and manner as the Secretary or his authorized representative may direct, restore the waterway to its former condition. If the permittee fails to comply with the direction of the Secretary of .the.A:my or his authorized representative, the Secretary or his designee may restore the w2trwa; t). its former condition, by contra ^t or otherwise, and rQcc•lrer th^ cost thereof from the permittee. BY AUTHORITY OF THE SECRETARY OF THE ARMY: A. C. MATHEWS % gate Colonel, Corps of Engineers District Engineer Alaska District Permittee hereby accepts the terms and conditions of this permit. K Permittee x Title. 2--/ 2 -z_ Date *A judgment as to whether or not suspension, modification or revocation is in the public interest involves a consideration of the impact that any such action or the absence of any such action may have on factors affecting the public interest. Such factors include, but are not limited to navigation, fish and wildlife, water quality, economics, conservation, aesthetics, recreation, water supply, flood damage prevention, ecosystems and, in general, the needs and welfare of the people. PLAN SCALE: IN = 100s 100 90 60 40 20 0 VICINITY MAP FROM U.S.C. a GS CHART NO. 8545 SOUNDINGS IN FATHOMS AT MLL.W. SCALE IN FEET 300 n 3Cr 600 900 I'001500 U.S.C. &G.S. TIDAL DATA .. M. H.H.W. 8.5 M. H.W. 7 6 M. L.W. 10 0.0 LOWEST(EM :4.0 .. LATITUDE 57.47'14' N. LONGITUDE I5e 24' 47"W. ' HARBOR LINES ARE ESTABLISHED 100 4 "X 12" DECK 4 "X 12 "JOISTS,18 "C.0 4'k8" CROSSB FIFV. 17.0' 12 "X14 "CAPS • MLLW 0.0 NOTE: ALL MATERIALS TO BE TREATED PROPOSED DOCK EXTENSION TIDELAND TRACT N .17 APPLICANT: . URSIN SEAFOODS INC. BOX 492 - • KODIAK, AK.. 12.1140' )---1 40 30 20 IO• PREPARED BY ROY A ECKLUND, R.L.S. BOX 146 KODIAK, AK VERT. I'= 20 15 10 • 5 0 20 VETE ar Mak DEPT. OF ENVIRONMENTAL CONSERVATION David J. Nicholls, Chief Operations Branch Departnebt of the Army Alaska District, Corps of Engineers P. 0. Box 7002 Anchorage, Alaska 99510 WILLIAM A. EGAN, GOVERNOR POUCH 0 - JUNEAU 99801 June 5, 1972 Dear Mr. Nicholls: Re: NPACO-OP-P, Kodiak Harbor 45 Fublie Notice No. NPA-72-48 The Department of Environmental Conservation has reviewed the subject application and finds no objections to the project. We do, however, caution that siltation be held to a minimum during construction and that no waste of any-sort shall be allowed to be discharged into the adjacent waters from these facilities. Sincer- yours C. C. iyin ton, Frector Division, Land We and Urban Development 'MN