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ATS 49 TRACT N-26 AND TRACT N-29C - Other Agency PermitsWARRANTY DEED (Alaska) BK00172P60211 THE GRANTORS, AMIL LARMAN and JERI LARMAN, individuals residing at 2235 West Halliday, Seattle, Washington 98199 and Post Office Box 74, Powers Lake, North Dakota 58773, respectively, for and in consideration of the sum of Ten Dollars ($20.00) and other valuable consideration in hand paid, convey and warrant to ISLAND SEAFOODS, INC., an Alaska corporation, the GRANTEE, the following described real estate: PARCEL NO. 1: CITY OF KODIAK TIDELAND TRACT 14-26, located in the Kodiak Recording District, Third Judicial District, State of Alaska, and more particularly described as follows: Commencing at meander corner Four, United States Survey Number 1837; THENCE N 75 °5513, a distance of 247.83 feet to a point on the Southerly Right -of -Way of Shelikof Avenue, said point being a comer common to Tideland Tract N -22 and 14-29; THENCE along the Southerly right -of -way of Shelrlcof Avenue on the following courses: (1) N 61 °55'E, a distance of 34.22 feet; (2) N 67°161E, a distance of 70.77 feet to the true point of beginning: THENCE 14 67°16'E, a distance of 186.53 feet; THENCE S 33 °31'E, a distance of 31052 feet; THENCE S 64•17'10"W, a distance of 215.93 feet to a point of the property line of Tract 14-29A; THENCE along said property line N 28°08'W, a distance of 317.63 feet to the true point of beginning, EXCEPTING THEREFROM that portion known as City of Kodiak Tideland Tract N -29B, according to Plat 71 -7. PARCEL NO. 2: CITY OF KODIAK TIDELAND TRACT N -29B, according to Plat 71 -7, located in the Kodiak Recording District, Third Judicial District, State of Alaska BOTH SUBJECT TO the exceptions listed on Exhibit A. DATED this jg day of April, 2000. Amil Larman -.z.. cu..,.- ,..4,,... Jeri tarman STATE OF WASHINGTON COUNTY OF leffli )ss. BK00172PCO212 THIS IS TO CERTIFY that on this PO day of April, 2000, before the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared AMIL LARMAN, to me knownto be the person described in and who executed the above and foregoing instrument and acknowledged that he signed the same freely and voluntarily, for the uses and purposes therein waned. An wriiyy` i :P.:• above :riiitelisir $OTARn s 'IMO Zsti, WOO Official Seal the day and year in this certificate first Notary Public in and for tire$tate of Washington, residing at a My commission expires 7 —M "-0 R STATE OF ° 1, J0. k .at ss. COUNTY OF 13., ke. ) THIS IS TO CERTIFY that on this v e day of April, 2000, before the undersigned, a Notary Public in and for the State of `d )..J a.,± . , duly commissioned and sworn, personally appeared JERI LARMAN, to me known to be the person described in and who executed the above and foregoing instrument, and acknowledged that she signed the same freely and voluntarily, for the uses and purposes therein mentioned. WITNESS My Hand and Official Seal the day and year in this certificate first above written r1 and for State of %lea 9etket ' Q4 ,_ ix-siding ate_ • My commission expires Is4IS,.L �;Ce ?km,. :a:. ^ "t.r.TH DAKOTA try(4.ant :_.,. A2001 \ V4UtarrAtinaraVaitINAGILESHENiS ,AW BK00112PG0213 EXHIBIT A List of Exceptions 1. Exceptions and reservations contained in Patent from the State of Alaska, recorded May 11,1962 in Book 10 of Deeds at Page 274, whereby the State excepts and reserves all oils, gases, coal ores, minerals, fossils, etc., and right of entry for opening, developing and working mines, etc. 2. Reservations and covenants as contained in Tidelands Deed from the City of Kodiak to barman Construction, Inc., recorded April 1,1975 in Book 31 at Page 530, 3. Rights of the public and/ or governmental bodies (agencies) in and to any portion lying below the mean high tide line of St. Paul Harbor. (G4'hun -ta �. Grantee Address: Island Seafoods, Inc. 330 Shelikof Avenue Kodiak, Alaska 99615 ACtn: Mr. John Whiddon 3 Mm+wNUSU000S\ E�SAWARwmDS:nm- a,sm,wwc M a ;F [Al\SEa 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 Skookumchuck Seafoods Attn: Mr. Rob DeVol P.O. Box 2308 Kodiak, AK 99615 Dear Mr. DeVol: 2600 DENALI STREET SUITE 700 ANCHORAGE, ALASKA 99503 -2798 PHONE: (907) 274 -1581 May 7, 1986 BILL SHEFFIELD, GOVERNOR CENTRAL OFFICE POUCH A W JUNEAU, ALASKA 99811 -0165 PHONE: (907) 465 -3562 NORTHERN REGIONAL OFFICE 675 SEVENTH AVENUE STATION H FAIRBANKS, ALASKA 99701 -4596 PHONE: (907) 455 -3084 SUBJECT: NOTICE OF CONCLUSIVE CONSISTENCY FINDING SKOOKUMCHUCK SEAFOODS NPDES NO. AK000008 -6 STATE I.D. NO. AK860212 -18A The Division of Governmental Coordination (DGC) has completed the consistency review of your application for an Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System Permit (NPDES). EPA proposed to reissue this permit for the Skookumchuck" Seafoods processing facility at 325 Shelikof Street, Kodiak, Alaska. The facility discharges processing wastes to the receiving waters of St. Paul Harbor. The review has resulted in regional level agreement regarding consistency with the Alaska Coastal Management Program (ACMP). The review was extended on April 18 to allow time for the finding to be considered by Skookumchuck's new manager. You have now responded, as the designated representative for Skookumchuck, that you concur with the proposed finding. This conclusive consistency finding applies to the following State and Federal authorizations as per 6 AAC 50: 1. Alaska Department of Environmental Coordination (DEC) - Certificate of Reasonable Assurance. 2. U. S. Environmental Protection Agency (EPA) - NPDES permit No. AK- 000008 -6. Based on our review, the Division concurs that the proposal is consistent with the Alaska Coastal Management Program (ACMP) provided the following stipulations are adopted. 01 -A35LH Attn: Mr. Rob DeVol 2 May 7, 1986 Skookumchuck Seafoods /NPDES State I.D. No. AK860212 -18A The stipulations listed below will be placed on the Certificate of Reasonable Assurance issued by DEC: 1. Part I.A.1.c. shall change the pH range from 6.0 - 9.0 to 6.5 - 8.5 standard pH units. 2. Part I.B.2. shall be changed to read as follows: Waste Disposal Practices The permittee shall develop a plan detailing 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, -etc.) is unavailable. Discharging waste to St. Paul Harbor and Near Island Channel is not an alternative. The permittee shall also review its present waste handling techniques to 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 screening systems, and an adequate description of the existing treatment system in use. The following can be initiated to improve recovery of waste solids: a. Do not put non - contact cooling water into the waste streams. b. Dry clean -up prior to plant washdown. c. Water conservation techniques. i. high pressure /low volume hoses ii. automatic nozzle shut -offs iii. belt conveyors /pneumatic transport vs. flames d. Manual collection of waste solids. The plan and review shall be submitted in accordance with the schedule set forth in Part I.C.1. Part I.B. shall include a stipulation that requires the discharge to be in compliance with Alaska Water Quality Standards (18 AAC 70). 4. Part III.F. add - ...except as provided in Part I.A.1.g. 5. Part III.G.3. add - c. Failure of a third party co4 /15A Attn: Mr. Rob DeVol 3 May 7, 1986 Skookumchuck Seafoods /NPDES State I.D. No. AK860212 -18A operator (barging company, reduction facility) to provide service is not justification for bypassing. These stipulations are necessary to prevent degradation of water quality by preventing large fluctuations in pH and by preventing introduction of wastes and pollutants. These stipulations insure backup system plans are in place in the event of a failure of the primary system and will therefore reduce the probability of a bypass discharge. These stipulations are necessary to insure the consistency of discharge activity with 6 AAC 80.140 Air, Land and Water Quality. The text of this standard is provided as an enclosure to this letter. If changes to the proposal as authorized by this finding are made during its implementation, you are required to contact this office to determine if a review of the revision is necessary. By a copy of this letter we are informing the U. S. Environmental Protection Agency of our finding. Thank you for your cooperation with the Alaska Coastal Management Program. Sincerely, `L Louisa B. Rand Proiect Coordinator Enclosure cc: Priscilla Lukens Department of Natural Resources - via PROFS Julie Howe Department of Environmental Conservation - via PROFS Denby Lloyd Department of Fish and Game - via PROFS Linda Freed Kodiak Island Borough Valerie Payne U. S. Environmental Protection Agency co4 /15A SINE LI laISE\ 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 2600 DENALI STREET SUITE 700 ANCHORAGE, ALASKA 99503 -2798 PHONE: (907) 274 -1581 Skookumchuck Seafoods Attn: Ms. Shirley Malutin 325 Shelikof Street Kodiak, AK .99615 Dear Ms, Malutin: April 18 BILL SHEFFIELD, GOVERNOR CENTRAL OFFICE POUCH AW JUNEAU, ALASKA 99811 -0165 PHONE: (907) 4653562 NORTHERN REGIONAL OFFICE 675 SEVENTH AVENUE STATION /4 FAIRBANKS, ALASKA 99701 -4596 PHONE: (907) 456 -3084 , 1986 SUBJECT: EXTENSION OF PROPOSED CONSISTENCY FINDING SKOOKUMCHUCK SEAFOODS NPDES NO.AX-000008-6 STATE Z.D. NO. AK860212 -18A APR 2 4 1986 The Division of Governmental Coordination (DGC) is currently conductinga review of your application for an Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System Permit ( NPDES). On March 26, DGC issued a proposed consistency finding, which you received April 9. In our telephone conversation April 14, you have requested an extension of time through May 9 for Skookumchuck Seafoods to respond to the proposed finding. You indicated that by that date, the new manager will have joined the company with adequate time to evaluate the finding and determine whether the stipulations are acceptable. With this letter I am granting that extension and notifying EPA and other review participants that the consistency review decision deadline has been reestablished as May 9, 1986. When Skookumchuck Seafood's new manager has had an opportunity to review the permit and finding, I recommend that he contact me at his earliest convenience. Thank you for your cooperation in this review process., Sincerely, 44 Louisa B. Rand Project Coordinator 01 -A35LH Attn: Ms. Shirley Malutin 2 Skookumchuck Seafoods NPDES No. AK- 000008 -6 State I.D. No. AK860212 -18A Enclosure cc: Priscilla Lukens Department of Natural Resources - via PROFS April 18, 1986 Julie Howe Department of Environmental Conservation - via PROFS Denby Lloyd Department of Fish and Game - via PROFS Linda Freed Kodiak Island Borough Valerie Payne U. S. Environmental Protection Agency lr2/146 OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHEAST REGIONAL OFFICE 431 NORTH FRANKLIN POUCH AW, SUITE 101 JUNEAU, ALASKA 99811 -0165 PHONE: (907) 465 -3562 REGISTERED MAIL RETURN RECEIPT REQUESTED Skookumchuck Seafoods Attn: Mr. Dan James P.O. Box 2308 Kodiak, AK 99615 Dear Mr. James: SOUTHCENTRAL REGIONAL OFFICE 2600 DENALI STREET SUITE 700 ANCHORAGE, ALASKA 99503 -2798 PHONE: (907) 274 -1581 March 26, 1986 BILL SHEFFIELD, 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 SUBJECT: NOTICE OF PROPOSED CONSISTENCY FINDING SKOOKUMCHUCK SEAFOODS NPDES NO. AK000008 -6 STATE I.D. NO. AK860212 -18A The Division of Governmental Coordination (DGC) is currently conducting a review of your application for an Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System Permit (NPDES). EPA proposed to reissue this permit for the Skookumchuck Seafoods processing facility at 325 Shelikof Street, Kodiak, Alaska. The facility discharges processing wastes to the receiving waters of St. Paul Harbor. The review has resulted in regional level agreement regarding consistency with the Alaska Coastal Management Program (ACMP). This proposed consistency finding applies to the following State and Federal authorizations as per 6 AAC 50: 1. Alaska Department of Environmental Coordination (DEC) - Certificate of Reasonable Assurance. 2. U. S. Environmental Protection Agency (EPA) - NPDES permit No. AK- 000042 -6. Based on our review, the Division concurs that the proposal is consistent with the Alaska Coastal Management Program (ACMP) provided the following stipulations are adopted. The stipulations listed below will be placed on the Certificate of Reasonable Assurance issued by DEC: MAR 2 8 1986 01 -A35LH Attn: Mr. Dan James 2 March 26, 1986 Skookumchuck Seafoods /NPDES State I.D. No. AK860212 -18A 1. Part I.A.l.c. shall change the pH range from 6.0 - 9.0 to 6.5 - 8.5 standard pH units. 2. Part I.3.2. shall be changed to read as follows: Waste Disposal Practices The permittee shall develop a plan detailing 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, etc.) is unavailable. Discharging waste to St. Paul Harbor and Near Island Channel is not an alternative. The permittee shall also review its present waste handling techniques to 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 screening systems, and an adequate description of the existing treatment system in use. The following can be initiated to improve recovery of waste solids: a. Do not put non - contact cooling water into the waste streams. b. Dry clean -up prior to plant washdown. c. Water conservation techniques. i. high pressure /low volume hoses ii. automatic nozzle shut -offs iii. belt conveyors /pneumatic transport vs. flames d. Manual collection of waste solids. The plan with the 3. Part I.B. discharge Standards and review shall be submitted in accordance schedule set forth in Part I.C.1. shall include a stipulation that requires the to be in compliance with Alaska Water Quality (18 AAC 70). 4. Part III.F. add - ...except as provided in Part I.A.1.g. 5. Part III.G.3. add - c. Failure of a third party operator (barging company, reduction facility) to provide service is not justification for bypassing. co4 /15A Attn: Mr. Dan James 3 March 26, 1986 Skookumchuck Seafoods /NPDES State I.D. No. AK860212 -18A These stipulations are necessary to prevent degradation of water quality by preventing large fluctuations in pH and by preventing introduction of wastes and pollutants. These stipulations insure backup system plans are in place in the event of a failure of the primary system and will therefore reduce the probability of a bypass discharge. These stipulations are necessary to insure the consistency of discharge activity with 6 AAC 80.140 Air, Land and Water Quality. The text of this standard is provided as an enclosure to this letter. After several attempts to reach you by phone, I decided to notify you of this finding by mail. Please contact me by phone (274 - 1581) to indicate whether the stipulations listed above are acceptable to you. If you do not concur with this proposed consistency finding, you may request elevation of this finding by submitting a written statement describing your concerns and a proposed alternative consistency determination. This statement must illustrate that your project is consistent with the referenced Alaska Coastal Management Program (ACMP) standards without the stipulations included in this finding. This statement must be distributed to: Wendy Wolf Division of Governmental Coordination Pouch AW, Juneau, AK 99811 Norm Cohen Alaska Department of Fish and Game P.O. Box 3,2000, Juneau, AK 99802 Tom Hawkins Alaska Department of Natural Resources P.O. Box 7 -005, 3601 'C' Street Anchorage, AK 99510 -7005 Keith Kelton Alaska Department of Environmental Conservation Pouch 0, Juneau, AK 99811 Louisa B. Rand Division of Governmental Coordination 2600 Denali Street, Suite 700 Anchorage, AK 99503 -2798 This statement and request for elevation-must be received within five days of your receipt of this letter unless you request an extension of your review under 6 AAC 50.110(b) (8). Enclosed is a copy of the referenced regulations, Alaska Coastal Management Program standards and agency review comments. co4 /15A Attn: Mr. Dan James Skookumchuck Seafoods /NPDES State I.D. No. AK860212 -18A 4 March 26, 1986 If you require any additional information regarding this finding or the elevation process, please let me know. Enclosure Sincerely, 412444( Louisa B. Rand �' Project Coordinator cc: Priscilla Lukens Department of Natural Resources - via PROFS Julie Howe Department of Environmental Conservation - via PROFS Denby Lloyd Department of Fish and Game - via PROFS Linda Freed Kodiak Island Borough Valerie Payne U. S. Environmental Protection Agency co4 /15A Kodiak Island Borough P.O. BOX 1246 KODIAK, ALASKA 99615-1246 PHONE (907) 496.5796 Patty Bielawski, Project Coordinator. OMB -DGC, Southcentral Regional Office 2600 Denali Street, Suite 700 Anchorage, Alaska 99503 Re: NPDES AK- 000008 -6 SID AK 860212 -18A Skookumchuck Seafoods Dear Ms. Bielawski: February 25, 1986 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 Alaska Coastal Management Program (ACMP) and the Kodiak Island Borough Coastal Management Program (KIBCMP). If you have any questions about these comments, please call me.. Sincerely, Linda Freed, Director Community Development Department_ pm cc: Sam Gesko, City of Kodiak B. Lamoreaux, DEC D. Lloyd, ADF &G M. Hayes, DNR MEMORANDUM State of Alaska TO: Louisa Rand DATE Project Coordinator Div. of Governmental Coordination FILENO: Office of Management & Budget FRoM: 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 TELEPHONE NO: SUBJECT: February 19, 1986 0286 -IV -0028 267 -2342 NPDES AK- 000008 -6 Skookumchuck SID AK860212 -18A The Alaska Department of Fish and Game (ADF &G) has reviewed the seafood processing waste discharge permit referenced above. We have no objection to the project as proposed so long as state water quality standards are maintained. 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 and the Kodiak Island Borough Coastal Management Program. We appreciate the opportunity to comment. If you have any specific questions, please contact Denby Lloyd (267- 2333). cc: J. Howe, DEC M. Hayes, DNR t/L. Freed, Kodiak Island Borough 02 -001A(Rev. 10179) FEB 2 4 1986 DISTRIBUTION LIST February 10, 1986 1613] Ms. Judith Bittner, Department of Natural Resources Division of Parks, Anchorage [1028] Ms. Bonnie Borchick, Department of Commerce and Economic Development, Juneau [256] Mr. Norman A. Cohen, Department of Fish and Game, Juneau [3) Mr. Bob Flint, Department of Environmental Conservation, Anchorage [8671 Ms. Linda Freed, Kodiak [12201 Ms. Meg Hayes, Department of Natural Resources, Anchorage [9] Ms. Nancy Holguin, Office of Management and Budget, Juneau [1072] Mr. Neil Johannsen, Department of Natural Resources Division of Parks, Anchorage [2001 Mr. Wayne Longaere, Department of Community and Regional Affairs, Juneau [287) Ms. Ione Norton, Kodiak [3031 Mr. Michael O'Brien, Department of Transportation and Public Facilities, Anchorage [859] The Honorable Tom Peterson, Kodiak [1012] Mr. Jerome M. Selby, Kodiak 1321] Ms. Elizveta Shadura, Department of Natural Resources, Juneau 1371] Mr. Lance Trasky, Department of Fish and Game, Anchorage [268) Mr. Jack Wick, Kodiak 7 £L51S OPTICS Olt TER GOVERNOR OFFPCE CF MANAGEMENT AND BUDGET DI,VcCN OF GOVERNMENTAL COORDINATION SOUTHEAST MONK MCI 431 MOUTH AIAMILM' POUCH AN. SLRE M1 AM<A% ALASKA MI 7.0106 PION: 1907) reSzeet PROJECT TITLE.s SOUTICEMIW. IEDIC AL OPPIC[ wa DENALI STREIT SUITE 700 . ANCNOIA06 ALASKA NOGiE710- PHONE: lien 2741511 n Siena GOMM. POOCH A N JOVIAL., ALASKA San OIM nee 11077 rte as t sosI1tai Part a. OFMCI On SEVENTH AVENLE STATION H PAMLnAmS. ALASKA 07707-dell NOW mon 4.9mo• PROJECT INFORMATION SHEET 5 IL -t/M cfiv c 5€A-r-co IBS �NP e_e STATE I.D. NUMBER /REVIEWING OPPICE: AR 860.2/07-if DGC CONTACT: L4r, LZA %CA -M APPLICANT CONDUCTING ACTIVITY: 5 Lbofe-v, r fiUG- 507Cco ' :DIRECT FEDERAL ACTION: YES NO REVIEW TYPE: CONSISTENCY ANILCA OCSLA. NEPA OTHER ACTIVITY TYPE: OIL AND GAS PUBLIC UTILITIES /FACILITIES PRIVATE RESIDENTIAL/COMKERCLAL y LAND MANAGEMENT PLAN .. TIMBER OTHER G PROJECT LOCATION: WATERBODY /MANAGEMENT AREA /SUBREGIONAL UNIT: /V /L /5; NEAREST COASTAL DISTRICT: OVA-ft- (5LA -tll-b PROJECT INSIDE THE DISTRICT BOUNDARY: YES )C NO DISTRICT PLAN APPROVED,: YES\iC NO PENDING REVIEW MILESTONES: DAY 1 .6,6 40-0(-7 /2— /9P3i n.AMLN IUD 1A- /L REVIEW SCHEDULE: 30 -Day 50 -Days . OTHER REQUEST FOR ADDITIONAL INFORMATION EY: 77)C2-42L / D )92-4 COMMENTS DUE BY: A tL. /7/ 19 p'''lc PROJECT STATUS NOTIFICATION BY: 7rl4A -e & ,W7/./ rid, DECISION DEADLINE: �l�S � )4,4' PROJECT PREVIOUSLY REVIEWED UNDER STATE -ID NO. STATE APPROVALS -(LIST AGENCY /APPROVAL TYPE /I.D. NUMBER): — 4o1 area', FEDERAL APPROVALS (LIST AGENCY /APPROVAL TYPE /I.D. NUMBER): e-i7A - NPP7E C 00000t6 -G,) EXTENSION GRANTED FOR: FORMAL INFORMATION. REQUEST PUBLIC HEARING HELD - PROJECT IN U.O.B. FIELD REVIEW DNR DISPOSAL _..SMCRA MISCELLANEOUS APPLICANT REQUEST UNUSUALLY COMPLEX PROJECT ELEVATION TO DIRECTORS:, YES NO IF YES, BY: ELEVATION TO COMMISSIONERS: YES NO IP .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 FOR OIL AND GAS LEASE SALES RECOMMENDED: NO CHANGE CONDITIONS TRACT DELETIONS DELAY FOR OTHER REVIEWS: COMMENTS SUBMITTED OTHER piwwe 4 7 0 X I :, 0F7IC2 07 T.T1E GOYs;1tti©a OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHEAST REGIONAL OFFCE 4.31 NORTH FRANKLIN POUCH A W. SUITE 101 JUNEAU, ALASKA 99811 -0155 PHONE: (907) 465-3562 .:E.,T,L POUCH AW JUNEAU. ALASKA, a'+CNE. ;90 465-3562 SOUTHCENTRAL REGIONAL OFF'CE $ 7 NORTHERN REGIONAL GFF'CE 2600 OENAU STREET SUITE 700 ANCHORAGE. ALASKA 99503.2798 Pi+O NE: ,'907) 2741561 . 675 SEVENTH AVENUE STATION H s. FAIRBANKS. ALASKA 99701 -15 ;4 PHONE: (SC7) 156J08A 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 find out if other State approvals are needed bef proposed activity can proceed. This will al in filling out your federal permit applicati receipt of the signed, dated certification a pul�lJitj5 p notice can be issued and review of your pro e� can beglt 5 For additional information on the Alaska Coasta, `P&tMe,- ment Program and project review procedures, con &&t 8 note. .,,7 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. _o•.} must Also submit a signed certification to the . i /! along with ycur federal permit application. CERTIFICATION STATEMENT I certify that, to_the best of my knowledge and bejrief, the proposed activity described in the /20%' F application complies with the approved Alaska Coastal Management Program, and will be conducted in a manner consistent with such program.. Attached is a copy cf a completed coastal project questionnaire: ign fc /permit /blank Attachment F • 4 -gr- Date x A0o-tr4 Am 6.4 AOEC test 1v) ow.o -c2 ,A C3A : AL ?ROJ, ... :sT:CSi `r AUG ? 5 1985 The State has a system for reviewing and processing resountigttrpiirhol&emisAbb oltrws, approvals for proposed projects in coastal areas of Alaska. As a pap.irrpagt.: this ?roc: you are required to complete this questionnaire. The questionnaire will help you idea' approvals required for your project (or a specific phase of your project) from Departments of Fish and Game, Natural Resources and Environmental Conservation. Attached is a list of regional agency contacts and a map of the coastal area with the regi delineated. We urge you to contact the appropriate agency staff when you are answer that agency's questions. If you need several approvals you must submit the packet of applications for those along with this questionnaire to the appropriate office in the region where the project is to occur. Your project cannot be reviewed until all applications are Please use the following contacts for submittal: aopro' propo receiv 1. Packets that include applications to more than one State agency and /or one or m federal agencies must be submitted to the regional Office of Management and Bud unless fees or confidential information are included. I--0 Z� W et. Packets that require fees or confidential information must be submitted to • Z resource agency with that requirement. ZD WZ. Packets that include application(s) for a project requiring approval from only State resource agency must be submitted to that State resource agency. O 0 O Q. The Annual Placer Mining Application must be submitted to the Department Natural Resources instead of this questionnaire. If you have any questions concerning the process, please contact the Office of Managem and Budget, Division of Governmental Coordination. If you have general questi• about Local, State or federal permits, both in and outside the coastal area, you may wish contact the Department of Environmental Conservation Permit Information Centers in Fairba: (452- 2340), Anchorage (279 -0254) or Juneau (465- 2615). Collect calls are accepted. IF YOUR ANSWERS TO THE FOLLOWING QUESTIONS ARE NOT CORRECT AND CCMPL AND AN AGENCY DETERMINES THAT YOU DO NEED ONE OF THEIR APPROVALS, Ti: WILL NOTIFY YOU AND YOU WILL BE RESPONSIBLE FOR ATTAINING THAT APPROV; HOWEVER, THIS WILL LIKELY CAUSE A DELAY IN THE REVIEW OF YOUR PROJECT. AVOID THIS DELAY. WE ENCOURAGE YOU TO SEEK ASSISTANCE FROM AGENCY STAFF COMPLETING THE QUESTIONNAIRE. Applicant Address.: • • • • • • • • w • t • • oof om chock Spa >xzh s Dry 230- o DM-It— AY< 794j C Phone (day) : D L/eh Erie_` description of project or activity: So • • • • • •, • • • • • A.FhE✓c' on- War Contact Person Z ?4, Lien ese Address: 5�'yYJ Phone (day) : 54712 a Peg esker af- r :.' ' �i %c�•'�'a /�.' er SN9ce Pt- 64 cc 4 mr� .wr .bias} C .vn;„ L cstioa of pr ec:: 5 S/7 � c LI' Rge USGS Map Is the project on: private land municipal land 4 n PART A M eridian state land q JUU G 15 :98s Water PerArcgl n Eonpliar:co branch Pami:c °a_:ior: federal land ownership not known Do you currently have any State or federal approvals /permits for Permit /Approval Type fs/r,iutp &i15/AP'' �JctrtSe_ for te .4 F$ ,an 6 4 iafe_ ArpCs Permit /Approval k S=a6 79 lot coon' 3 65s -0000 -9-(' Will you be placing structures, or placing tidal waters, streams, lakes, wetlands? fills in any of the Yes this project? / Expiration date & t.3/ /t pee 3/ /98$ pea 3/ /9g1; fc3 /9 0c, 9 (er following; If so, have you applied or do you intend to apply for a U.S. Army Corps Engineers permit? (Indicate below.) Have you applied or do you intend to apply for other permits agency? (Indicate below.) Agency Permit /Approval Type ff jl a6 /{/ ' cif- of from any federal x Date you submitted Application. M T . * * * • * PART B DEPARTMENT OF NATURAL RESOURCES 1. Is the proposed project on State -owned lands or will you State lands for access? need to cross Z. Do you plan to use any of the following State -owned resources? a. Sand and Gravel Yes No }� Source? . Water Yes Source? M If yes, amount? If yes.. amount? c. - ..:i:4 Y..- NO ._ y Other Materials Yes NO aC If yes, what rateri 1 AUG 15 1 D ar:. t' j lsrs- R,., t & Compliance Eranc Permit: Socacn (peat, building stone, etc.) ou plan to drill a geothermal well? 4. Will you be exploring for or extracting coal? 5. Will you be harvesting timber from 1.0 or more acres? b. Will you be investigating or removing historic or archeological resources on state -owned lands? Yes IF YOU ANSWERED, NO TO ALL THESE QUESTIONS. YOU DO NOT NEED APPROVAL F ALASKA DEPARTMENT OF NATURAL RESOURCES (DNR). GO TO PART C. IF YOU ANSWERED YES TO ANY OF THESE QUESTIONS, CONTACT DNR TO IDENTIFY If you have already contacted DNR, are you now submitting application(s) for permits or approvals? If no, indicate the reason below: 1' OBTAIN ANY NECESSARY APPLICATION FORMS. • (person contacted) told me on (d ?t that no DNR approvals or permits were required for this project. b. DNR regulations have no requirement for a permit or approval. c. Other. * * s PART C DEPARTMENT OF FISH AND GAME 1. Will you be working in a stream or lake (including in running water or on ice, within the gravel floodplain, on islands, the face of the banks, or the stream tideflats down to mean low tide)? Name of stream or lake Yes If no, go to question number 3. 2. If yea, will you be doing any of the following: a) Building a dam or river training structure? b) Using the water? c) Diverting the stream? d) Blocking or damming the stream (temporarily or permanently)? e) .,h:. try. _.. O: v. at.c. 0 Pumping Hater our cf the stream or '.aka? the AUG 15 1985 g) Introducing silt, gravel, rock, petroleum products ,yvjtt}cppsnits 8 Compliance Branch chemicals. or wastes of any type Into the waver? • Permits Section h) Using the stream as a road (even when frozen), cr crossing the stream with tracked or wheeled vehicles, log- dragging or excavation equipment (backhoes, bulldozers, etc.)? _ 0 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)? m) Installing a culvert cf other drainage structure? 3.. Is your project located in a State Refuge or Critical Habitat? es IF YOU ANSWERED NO TO ALL THESE QUESTIONS, YOU DO NCT NEED A PERMIT FROM ALASKA DEPARTME ll1 OF FISH A ?■D GAME (DFG). GO TO PART D. IF YOU ANSWERED YES TO ANY OF THESE QUESTIONS. CONTACT THE REGIONAL HABITAT DIVISION -MICE TO IDENTIFY AND OBTAIN ANY NECESSARY APPLICATION FORMS. If you have already contacted DFG, are you now submitting an application for permit(s)? If no, indicate the reason below. a. (person contacted) told me on (datF that no DG approvals or permits were required for this project. b. DFG regu;ations have no requirement for a permit or .approval. c. Other. • ■ • • • • • • • • • • • • • • • • • * • PART D DEPARTMENT OF ENVIRONMENTAL CONSERVATION • I. Will a discharge of wastewater from industrial or commercial operations occur? 2. Will your project, generate air emissions from the following: a) Diesel generators totaling more than 1000 hp? b) Other fossil fuel -fired electric generator, furnace, or boiler totaling greater than 1000 hp? c) Asphalt plant? Yes No x el) i :ciner:.tc- burning .Here .than 1000 Pos. per e) industrial process? hour. Water Permits & ComP1iance Bravch Permits Section AUG 15 19E 3. Will a drinking water supply be developed that serves mare than a single - family residence? 4.• Will you be processing seafood? 5. Will food service be provided to the public or workers? 6. Will the project result in dredging or disposal of fill in wetlands or waterways? 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? 10. Will your project require the application of oil or pesticides tc the surface of the land? IF YOU ANSWERED NO TO ALL THESE QUESTIONS, YOU DO NOT NEED A PERMIT OR OTHER APPROVAL 17147)M THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATIC:. (DEC). IF YOU ANSWERED YES TO ANY CF THESE QUESTIONS, CONTACT THE DEC REGIONAL OFFICE TO IDENTIFY AND CBTAIN 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 no, indicate the reason below: a. (person contacted) told me on that no DEC approvals or permits were required for this project. b. DEC regulations have no requirement for a permit or approval. /47 frePet/7 re-reivei 55,91i94,7/ • • • • * • • X c. Other. ( date * * * ♦ * * * * * * * • .4 • • • To the best of my knowledge,, this information is accurate and complete. gne Date • • • * PLEASE ATTACH YOUR PERMIT APPLICATIONS cpqa/ PERMIT • • • Z� 0 aCie 4C PRO1,' .S1'‘ 1 E0 Sr4. REPLY TO M/S 521 ATTN OF: CNVIRONMENTAL PROTECTION AUGNCY REGION 10 1200 SIXTH AVENUE SEATTLE, WASHINGTON 98101 JAN 2 11986 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 Re: NPDES Permit Nos.: AK- 000043 -4, AK- 000083 -3, \.AX- 000042 -6, 000035 -3, K- 000049 -3, AK- 000008 -6, AK- 000082 -5, iAK - 000130 -9, 8 Dear ?dwrtemoreaux: OFFICE OF IWANAGEMENT & BUDGET FEB 3 - 1986 GOVERNMENTAL COORDINATION Alaska Pacific Seafoods, Inc. Ail- Alaskan Seafoods, Inc. East Point Seafood Co. 'International Seafoods of Alaska, Inc. King Crab, Inc: Skookumchuck Seafoods Western Alaska Fisheries, Inc., Whitney - Fidalgo Seafoods, Inc. Enclosed for your information are copies of eight draft National Pollutant Discharge Elimination System (NPDES) permits which we propose to reissue to the referenced facilities, the public notice as it will appear in the Kodiak newspaper, and fact sheets which outline the basis for the permits. This initiates the 60 -day period for state certification action as provided by 40 CFR 124.53. Final action on these permits 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 copies of the proposed final permits 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 permits. Technical questions regarding the permits may be referred to Valerie Payne of our Alaska Operations Office in Anchorage at (907). 271 -5083. Sincerely, Harold E. Geren, Chief Water Permits and Compliance Branch Enclosures cc: Office of Management and Budget, Anchorage Un;ccd States Environmental Protection Agency Region 10 1200 Sixth Avenue Seattle, Washington 98101 (206) 442 -1214 NOTICE OF PROPOSED REISSUANCE OF NATIONAL POLLUTANT OISCHARGE'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- 000043 -4 AK- 000083 -3 AK- 000042 -6 AK- 000035 -3 AK- 000049 -3 AK- 000008 -6 AK- 000082 -5 AK- 000130 -9 Public Notice Issuance Date: January 31, 1986 Public Notice Expiration Date: March 3, 1986 1. Applicants The following Kodiak, Alaska seafood processors have applied for reissuance of National Pollutant Discharge Elimination System (NPDES) permits to discharge pollutants to navigable waters, pursuant to the provision of the Clean Water Act. Applicant a. Alaska Pacific Seafoods, Inc. Application No. AK- 000043 -4 Receiving Waters: St. Paul Harbor b. All- Alaskan Seafoods, Inc. Star of Kodiak - Shore Plant Application No. AK- 000083 -3 Receiving Waters: St. Paul Harbor c. East Point Seafood Co. Application No. AK- 000042 -6 Receiving Waters: Near Island Channel d. International Seafoods of Alaska, Inc. Application No. AK- 000035 -3 Receiving Waters: St. Paul Harbor e. King Crab, Inc. Application No. AK- 000049 -3 Receiving Waters: St. Paul Harbor Mailing Address 627 Shelikof Avenue Kodiak, Alaska 99615 P.O. Box 646 Kodiak, Alaska 99615 P.Q. Box 1637 Kodiak, Alaska 99615 P.O. Box 2997 Kodiak, Alaska 99615 P.O. Box C -70739 Seattle, Washington 98107 f. Skookumchuck Seafoods Application No. AK- 000008 -6 Receiving Waters: St. Paul Harbor g. Western Alaska Fisheries, Inc. Application No. AK- 000082 -5 Receiving Waters: St. Paul Harbor h. Whitney— Fidalgo Seafoods, Inc. Application, No. AK- 000130 -9 Receiving Waters: Near Island Channel P.O. Box 2308 Kodiak, Alaska 99615 1111 Third Avenue, Suite 1210 Seattle, Washington 98101 P.O. Box 1425 Kodiak, Alaska 99615 The above applicants operate shore —based seafood processing facilities. The receiving waters are classified by the Alaska State Water Quality Standards as Classes 2(A)(i)(ii)(iii), (8)(1)(11), (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. The permits require screening of process wastewaters prior to discharge, with subsequent transport of the solid wastes to a reduction facility or a designated ocean dumping site. Fact sheets; which explain the bases for the permits, have been prepared. 2. Tentative Determination The Region 10 Office of the Environmental Protection Agency (EPA) has tentatively determined to reissue discharge permits 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 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. -3- 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 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 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 and may be inspected and copies made in Room 10C 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 MIS 521, or by calling (206) 442 -1214. This material is also available from the EPA Alaska Operations Office, Room E551, 701 C Street, Anchorage, Alaska 99513. 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. U.S. r IIRONMENTAL PROTECTION eo sr4 REGION 10 FS 1200 SIXTH AVENUE SEATTLE. V/:SNBNGTON 98.01 74L FAQj t'.'' JAN 31 19$6 PE'C' TO MIS 521 L:? ^; CERTIFIED MAIL - RETURN RECEIPT REQUESTED Dan James, Plant Manager Skookumchuck Seafoods P.O. Box 2308 Kodiak, Alaska 99615 Re: NPDES Permit No. AK- 000008 -6 (Skookum Chief Plant) Dear Mr. James: 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 bases 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 Valerie Payne of our Alaska Operations Office in Anchorage at (907) 271 -5083. Sincerely, 7eacea 4 --- Harold E. Geren, Chief Water Permits and Compliance Branch Enclosures cc: Alaska Department of Environmental Conservation, Anchorage Fact Sheet United States Environmental Protection Agency Region 10 1200 Sixth Avenue Seattle, Washington 98101 (206) 442 -1214 Date: JAN 3 1 1995 . Permit No : AK- 000008 -6 PROPOSED REISSUANCE OF A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT TO DISCHARGE POLLUTANTS PURSUANT TO THE PROVISIONS OF THE CLEAN WATER ACT Skookumchuck Seafoods P.O. Box 2308 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 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. -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 MIS 521, or by calling (206) 442 -1214. This material is also available from the EPA Alaska Operations Office, Room E551, 701 C Street, Anchorage, Alaska 99513. 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. Technical Information 1. Applicant A. Skookumchuck Seafoods B. National Pollutant Discharge Elimination System (NPDES) permit number AK- 000008 -6 2. Activity Halibut and crab are processed three months out of the year. 3. Receiving Waters A. St. Paul Harbor, Alaska B. 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. C. The Alaska State Water Quality Standards which could be affected by the discharge are dissolved gas, pH, turbidity, sediment, color, oils and grease, and residues (floating solids, debris, sludge, deposits, foam, scum). D. The Alaska State Water Quality Standards, as established in the April 1984, Alaska Department of Environmental Conservation publication for the Alaskan Water Pollution Control Program, will not be violated by the effluent discharge. This determination is based on the premise that the company will comply with the terms and limitations of the NPDES permit. 4. Background A. The original NPDES permit was issued to Pan Alaska Fisheries, Inc., effective June 2, 1975, expiring May 31, 1980. On April 19, 1985, EPA was notified of the name change, effective May 1, 1985, of Pan — Alaska Fisheries, Inc. to Skoochumchuck Seafoods. The most recent permit became effective October 30, 1980, expiring October 30, 1985. The applicant has been operating under the terms and conditions of this permit, as allowed in 40 CFR Part 122.6. On August 15, 1985, EPA received a complete NPDES permit application from Skookumchuck Seafoods for a permit to discharge to St. Paul Harbor, Alaska. — 4 — B. Existing industrial treatment includes screening process wastewaters. The screened solids have been collected and transported to Kodiak Reduction, Inc. (formerly Bio —Dry, Inc.) when the facility was operating. In February 1984, the reduction facility closed, with intent to reopen following substantial reconstruction. During this period of inactivity, wastes have been barged by Skookumchuck Seafoods to a designated seafood dumping zone in Chiniak Bay (see Figure 1 of the permit). The remaining screened effluent is discharged into St. Paul Harbor. Kodiak Reduction, Inc. (now owned by the City of Kodiak) is expected to be operational in March 1986. C. Sanitary wastes are discharged to the Kodiak municipal treatment plant. D. The facility maintains one industrial outfall line, located 750 feet from shore at a depth of 60 feet below the water surface. Only screened effluent is discharged and is characterized by the following: Butchering Washing Cooking Cooling Prechi 11.i ng Glazing Total Discharge: 70,000 gpd 70,000 gpd 10,000 gpd 70,000 gpd 10,000 gpd 70,000 qpd 300,000 gpd E. Pollutants associated with the discharge are primarily conventional and include pH, total suspended solids, and oil and grease. Basis for Limitations The Clean Water. Act (CWA) requires that Best Conventional Pollutant Control Technology (BCT) must be in effect no later than July 1, 1984, for all industries. For most Alaskan seafood processing; BCT is proposed equal to Best Practicable Control Technology Currently Available (BPT)(Federal Register, Oct. 29, 1982). However, since BCT is still in the proposal stage, a best professional judgement (BPJ), pursuant to Section 402(a) of the CWA, must be used in . establishing effluent limitations representing BCT. For the purposes of this permit, the determination is made that the proposed BCT limitations (equal to BPT) are appropriate. -5- 6. Proposed Permit Limits, Conditions and Monitoring Requirements A. Effluent Limits 1. The proposed permit limitations and requirements do not differ significantly from those included in the most recently expired NPDES permit. A few changes concerning the different species of seafood processed have been incorporated, however, as a result of receiving updated information from the facility. 2. The permit requires that all process wastes (including plant washdown water, but excluding boiler feed water, cooling 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. Collected solids shall either be disposed of at a reduction facility, or via barging or other transport, without loss, to a seafood waste disposal 'zone (see Figure 1 of this permit). Liquid wastes shall be discharged through the existing outfall line. 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 other location 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.g. of the permit). 3. Effluent limitations for crab processing are from 40 CFR Part 408 - Canned and Preserved Seafood Processing Point Source Category. Limitations for the halibut subcategory are based on BPJ and knowledge of the processing procedure. 4. The daily maximum and daily average effluent loading limits 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. Maximum 1,oading of oil and grease and daily average values of TSS are produced from processing 100,000 pounds of halibut. The daily maximum loading for TSS is based on the processing of King crab at 45,000 pounds per day, due to the higher wasteload associated with this type of processing. _ 6 5. The basis for the effluent monitoring provision (Part I.A.1.e, of the permit) is to assure continuous compliance with effluent limitations for the duration of the permit. B. Other Requirements and Conditions 1. Included in the permit is a stipulation that a comprehensive waste treatment inspection program be developed by the permittee to ensure ongoing compliance with the permit provisions. The permittee is also required to develop a plan which describes the procedures to be followed for the disposal of seafood waste, using either by— product recovery or barging. This is necessary for monitoring good management and compliance practices. 2. The reissued permit is proposed to be effective for five years. Permit nt1.: AK- 000008 -6 Application No.: AK- 000008 -6 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 "), Skookumchuck Seafoods 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, Hater Division, Region 10 U.S. Environmental Protection Agency Page 2 or 18 Permit No.: AK- 000008 -6 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. 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. 011 and Hazardous Substance Liability L. Property Rights M. Severability N. Transfers 0. State Laws DRAFT Page 3 of 18 Permit No.: AK- 000008 -6 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS A. Specific-Limitations and Monitoring Requirements. 1. During the period beginning on the effective date and lasting through the expiration date, the permittee 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 (lmm) without grinding, or equivalent technology. a. Such discharges shall be limited as specified below: Discharge Limitations Daily Average Daily Maximum Seafood Product Whole Crab and Crab Sections lbs /1000 lbs raw crab Total • Suspended Oil & Total Oil Sollds(TSS) Grease Solids(TSS) & Grease 3.9 0.42 Halibut lbs /1000 lbs raw halibut ' 1.6 0.19 12 1.3 2.6 0.31 b. The total discharge from outfall 001 of TSS shall be limited to a daily average of 190 lbs /day and a daily maximum of 540 lbs/day. The total discharge of oil and grease shall be limited to a daily average of 56 lbs /day and.a daily maximum of 430 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 expressed as lbs /1000 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 of pollutants shall not exceed the more stringent of these two limitations. c. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. d. 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. DRAFT Page 4 UT 18 Permit No.: AK- 000008 -6 e. Discharges shall be monitored by the permittee as specified below: Parameter Flow TSS 011 and Grease Settleable Solids pH Quantity of Raw Product Processed in pounds for each product listed to Part I.A.I.a. Estimated Quantity of Seafood Disposed via the seafood dumping zone or at a reduction facility. Measurement Frequency Sample Type Continuously 1 /week 1 /week 1 /week 1 /week 1 /week, on day of above sampling 1 /week Grab Grab Grab Grab Production shall be measured during the same period the 24 -hour composite samples are collected. The permit loading limitations, •expressed ln.units of ibs /1000 lbs seafood, shall be calculated and reported in units of ibs /day. See sample calculations to Part I.A.3. of this permit. 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,. f. Samples taken in compliance with the monitoring requirements specified above (Part I.A.1.e.) shall be collected after treatment and prior to discharge from outfall 001. g. In the event the permittee is temporarily unable to dispose of collected seafood waste by means 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). This 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. 8534. 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. DRAFT Date Page 5 of 18 Permit No.: AK- 000008 -6 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. 2. All sanitary wastes shall be discharged to the Kodiak municipal treatment facility. 3. This is a sample calculation of permit loading limitations for determining compliance and reporting. Given: Discharges were sampled only three days within the month of May 1985. Only crab and salmon were processed. The following table provides production data for each species processed. Pounds of Raw Product Processed to Crab Sections to Crab Meat as Salmon- Mechanized 5/01/85 20,000 - -- 15,000 5/08/85 7,000 8,000 5,000 . 5/15/85 3,000 2,000 5,000 5/16185 - 5/31/85. : -No discharges from facility- . Calculation of Daily Maximum TSS Limitation for 5/01/85: Daily Maximum TSS Limitation •. (44 lbs effluent /1000 lbs raw salmon)/ x 15,000 lbs raw salmon) + (12 lbs effluent /1000 lbs raw crab x 20,000 lbs raw crab) . 660 + 240 900 lbs effluent /day for 5 /01 /85. Calculation of Daily Average TSS Limitation for previous month: Daily Average TSS Limitation . [(3.9 lbs x 20,000 lbs) + (3.9 lbs x 7,000 lbs) + (3.9 lbs x 3,000 lbs) + (6.2 lbs x 8,000 ibs) + (6.2 lbs x 2,000 lbs) + (26 lbs x 15,000 lbs) + (26 lbs x 5,000 lbs) + (26 lbs x 5,000 lbs) _ (829,000 lbs) /1,000 = 276 lbs /day 3 daysQQ 11 Example of a limitation from Part I.A.1.a. 2/ This is the number of days within the month on which discharges and sampling occurred. 8. Other Requirements. 1. Inspection Program The permittee shall develop and institute a comprehensive inspection program, in accordance with the schedule set forth in Part I.C.1., to facilitate proper operation and maintenance of the waste disposal system, including the outfall line. DRAFT Page 6 of 18 Permit No.: AK- 000008 -6 2. Waste Disposal Practices The'permittee shall review, In accordance with the schedule 'set forth in Part I.C.1., its present waste handling techniques 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 screening systems, and an adequate description of the existing treatment system in use. Aplan outlining procedures for proper alternate disposal of collected seafood waste in the event the reduction facility is unable to handle the waste solids, should also be included. The following can be initiated to improve recovery.of waste solids. a. Do not put non — contact cooling water into the waste streams b. Dry clean —up prior to plant washdown c. Water conservation techniques i. high pressure /low volume hoses ti. automatic nozzle shut -offs iii. belt conveyors /pnuematic transport vs. flumes d. Manual collection of waste solids: 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 conformance with Part I.A.1.e. 4. Harvest Reports The permittee shall submit with their monitoring report, as indicated in Part II.D., harvest records, indicating the type of end product produced (e.g. frozen sections, canned meat, frozen whole) as well as the quantity of raw seafood processed for each individual day that samples are taken for reporting. The quantity shall be expressed in. pounds. 5. Toxic Discharges All disinfectants, sanitizers, cleaning solutions, and pesticides shall be used in a way such that no discharges of toxic solutions in toxic amounts are caused. 6. Reopener Clause Upon promulgation of effluent limitation guidelines applicable to this facility the permit shail be modified, if the guidelines contain limits 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. DRAFT Page 7 of 18 Permit No.: AK- 000008 -6 C. Schedule of Compliance. 1. The permittee-shall achieve compliance with permit requirements in accordance with the following schedule: a. Review waste handling techniques and identify areas for improvement and alternative waste disposal methods, as specified in Part I.8.2. The permittee shall submit to EPA and the Alaska Department of Environmental Conservation (ADEC), a written report of this review within 30 days of permit Issuance. b. Develop a comprehensive waste disposal system inspection program, as specified to Part I.8.1., within 30 days of permit issuance. c. Institute the waste disposal inspection program, as specified in Part I.8.1., within 60 days of permit issuance. 2. No later than 14 calendar days following the dates identified in the above schedule of compliance, the permittee shall submit a written notice of compliance or noncompliance. The notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirements. 3. 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. "Daily. Average" ( "Daily Avg. ") shall mean the total units discharged during a monitoring month divided by the number of days in that period that the production or commercial facility was operating. Where less than daily sampling is required by this permit, this average shall be determined by the summation of the measured daily discharges divided by the number of days during the monitoring month when the measurements were made. 2. "Daily Maximum" ( "Daily Max. ") shall mean the maximum value attained on any.day in a given monitoring month. 3. "Monitoring Month" shall mean the period consisting of the calendar weeks which end in a given calendar month. 4. A "24 -hour composite" sample shall mean a flow- proportioned mixture of not less than eight 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. 5. 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. DRAFT Page 8 of 18 Permit No.: AK- 000008 -6 6. "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. 7. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. 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 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. DRAFT Page 9 , 18 Permit No.: AK- 000008 -6 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. Penalties for Tampering. The 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 Alaska Department of Environmental Conservation (ADEC) 437 "E" Street, Second Floor Anchorage, Alaska 99501 DR AFT Page 10 or 18 Permit No.: AK- 000008 -6 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 individuals) 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 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 ail 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. I. 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 to the permit to'be reported within 24 hours. DRAFT r-7 Page 11 of 18 Permit No.: AK- 000008 -6 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) 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, 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 compliance or as otherwise authorized by the Act, any substances or parameters at any location. DRAFT Page 11 18 Permit No.: AK- 000008 -6 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.I., Twenty -four Hour 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 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 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. DRAFT Page 14 of 18 Permit No.: AK- 000008 -6 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.I., Twenty -four Hour Notice of Noncompliance Reporting; and d. The permittee complied with any remedial measures required under Part IT.I.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 Page 15 of to Permit No.: AK- 000008 -6 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 acroleln and acrylonitrile; five hundred micrograms per liter (500 ug /1) for 2,4- dinitrophenol and for 2- methyl -4, 6- dlnitrophenol; 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(9)(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). 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 requirement under Part IV.A.1. D AFT Page 17c"' 18 Permit No.: AK- 000008 -6 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 lndivldual 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." T. Penalties for Falsification of Reports. The 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. J. 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. DRAFT Page 18 _.,IB Permit No.: AK- 000008 -6 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 It authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws' or regulations. M. 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 permlttee 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 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. 0. State Laws. 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 established pursuant to any applicable state law or regulation under authority preserved by Section 510 of the Act. DRAFT << w it 1 1a a:a1!•.4t ¶� iT.tl 1• '4. 1 •a . •4 •'�.'. j 14 • ..4.4..•. li yt .•1t r /"11. It 14 4$ SCI t. 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