[Federal Register Volume 59, Number 10 (Friday, January 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1004]


[[Page Unknown]]

[Federal Register: January 14, 1994]


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Part VI





Environmental Protection Agency





_______________________________________________________________________



Notice of 
Proposed General NPDES Permit for Placer Mining in Alaska
ENVIRONMENTAL PROTECTION AGENCY

[FRL-4826-9]

 
Proposed General NPDES Permit for Placer Mining in Alaska

AGENCY: Environmental Protection Agency, Region 10.

ACTION: Notice of a proposed general permit.

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SUMMARY: This proposed general permit is intended to regulate placer 
mining activities in the state of Alaska. EPA, Region 10 has issued 
almost identical individual permits to these facilities in the past and 
intends to relieve some of the administrative burden of issuing 
individual permits by issuing this general permit. When issued, the 
proposed permit will establish effluent limitations, standards, 
prohibitions and other conditions on discharges from the covered 
facilities. These conditions are based on existing national effluent 
guidelines and material contained in the administrative record. A 
description of the basis for the conditions and requirements of the 
proposed general permit is given in the fact sheet published below.

DATES:

    Public Comment Period: Interested persons may submit comments on 
the draft general permit to EPA, Region 10 at the address below. 
Comments must be received in the regional office by February 14, 1994.
    Public Hearings: Public hearings on the permit conditions are 
scheduled in Anchorage and Fairbanks. The Anchorage hearing will be 
held on February 7, 1994, at the Federal Building, 222 W 7th, room 137, 
from 6:30 pm until all persons have been heard. The Fairbanks hearing 
will be held on February 9, 1994 at the Fairbanks North Star Borough 
(Noel Wien) Library, 1215 Cowles Street, also from 6:30 pm until all 
persons have been heard. Persons interested in obtaining information on 
the hearings should contact Cindi Godsey at the address below.
    Request for Coverage: Written request for coverage and 
authorization to discharge under the general permit shall be provided 
to EPA, Region 10, as described in Part I.E. of the draft permit. 
Authorization to discharge requires written notification from EPA that 
coverage has been granted and that a specific permit number has been 
assigned to the operation.

ADDRESSES: Comments on the proposed general permit should be sent to 
Cindi Godsey; U.S. EPA, Region 10; 1200 Sixth Avenue WD-134; Seattle, 
Washington 98101.

FOR FURTHER INFORMATION CONTACT: Cindi Godsey at the Seattle address 
above or by telephone at (206) 553-1755.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    The Office of Management and Budget has exempted this action from 
the review requirements of Executive Order 12866 pursuant to section 6 
of that order.

Regulatory Flexibility Act

    After review of the facts presented in the notice printed above, I 
hereby certify pursuant to the provision of 5 U.S.C. 605(b) that this 
general NPDES permit will not have a significant impact on a 
substantial number of small entities. Moreover, the permit reduces a 
significant administrative burden on regulated sources.

    Dated: January 7, 1994.
Charles E. Findley,
Director, Water Division.

FACT SHEET

United States Environmental Protection Agency, Region 10, 1200 Sixth 
Avenue, WD-134, Seattle, Washington 98101, (206) 553-1214.

General Permit for Placer Miners No.: AKG-37-0000

Proposed Issuance of a General National Pollutant Discharge Elimination 
System (NPDES) Permit To Discharge Pollutants Pursuant to the 
Provisions of the Clean Water Act (CWA) for Alaska Placer Miners 
(Except Those Identified in Part III of This Fact Sheet)

    This fact sheet includes (a) the tentative determination of the 
Environmental Protection Agency (EPA) to issue the permit, (b) 
information on public comment, public hearings and appeal, (c) the 
description of the industry and proposed discharges, (d) other 
conditions and requirements.
    Persons wishing to comment on the tentative determinations 
contained in the proposed general permit may do so before 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 a final determination with respect to issuance of 
the permit. The tentative determination contained in the proposed 
general permit will become final conditions if no substantive comments 
are received during public comment period.
    The permit will become effective 30 days after the final 
determination is made, unless a request for an evidentiary hearing is 
submitted within 30 days after receipt of the final determination. An 
evidentiary hearing request must meet all the requirements of 40 CFR 
124.74 and set forth material issues of fact relevant to the permit 
issuance. The proposed NPDES general permit and other related documents 
are on file and may be inspected and copies made at the above address 
any time between 8:30 a.m. and 4 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 West 7th Avenue, 
Anchorage, Alaska 99513-7588 or Alaska Operations Office, 410 
Willoughby Avenue, suite 100, Juneau, Alaska 99801 or the Alaska 
Department of Environmental Conservation, Northern Regional Office, 610 
University Avenue, Fairbanks, Alaska 99709.

Technical Information

I. Background Information

A. Permit Coverage
    1. General Permit. a. Section 301(a) of the CWA provides that the 
discharge of pollutants is unlawful except in accordance with a 
National Pollutant Discharge Elimination System (NPDES) permit. 
Although such permits have been issued to individual dischargers, EPA's 
regulations do authorize the issuance of ``general permits'' to 
categories of discharges (40 CFR 122.28) when a number of point sources 
are:
    (1) Located within the same geographic area and warrant similar 
pollution control measures;
    (2) Involve the same or substantially similar types of operations;
    (3) Discharge the same types of wastes;
    (4) Require the same effluent limitations or operating conditions;
    (5) Require the same or similar monitoring requirements; and
    (6) In the opinion of the Director, are more appropriately 
controlled under a general permit than under individual permits.
    b. Like individual permits, a violation of a condition contained in 
a general permit constitutes a violation of the Act and subjects the 
owner or operator of the permitted facility to the penalties specified 
in section 309 of the Act.
    c. A Notice of Intent (NOI) to be covered under this General Permit 
is required (40 CFR 122.28(b)(2)(i)). The requirements are outlined in 
Part I.E. of the permit. An Annual Placer Mining Application would be 
acceptable if it contains all the items specified in the permit.
    d. Coverage under this permit will expire five (5) years from the 
date of issuance. It is EPA's position (40 CFR 122.28(b)(1)) that an 
expired general permit continues in force and effect until a new 
general permit is issued. Only those facilities authorized to discharge 
under the expiring general permit and submit an NOI 90 days prior to 
the expiration of this general permit are covered by the continued 
permit.
    2. Types of Placer Mine Operations Covered by the Permit. EPA is 
proposing to issue a General NPDES permit for Alaska placer mining 
operations which are facilities that mine and process gold placer ores 
using gravity separation methods to recover the gold metal contained in 
the ore. This permit applies to all open-cut and mechanical dredge (not 
suction dredges) gold placer mines except those open-cut mines that 
mine less than 1,500 cubic yards of placer ore per mining season and 
dredges that remove less than 50,000 cubic yards of placer ore per 
mining season. These operations are covered by the effluent guidelines 
and described in 40 CFR 440.140(b). EPA has completed a literature 
research project considering the environmental effects of all suction 
dredge operation and potential controls that could be placed on them. 
Based on this research, EPA has concluded that suction dredges with 
intake hoses of greater than 4 inches will be covered by this permit.
    Operations utilizing hydraulic removal of overburden are covered by 
this permit.
    This permit does not authorize discharges resulting from 
beneficiation methods utilizing cyanidation, froth flotation, heap or 
vat leaching and mercury amalgamation.
    3. Limitations on Coverage. Many streams and stream reaches in 
Alaska have been designated as part of the federal wild and scenic 
rivers system or as a Conservation System Unit (CSU) by the federal 
government. Additional conditions may be required by the Alaska 
Department of Fish and Game in resident and anadromous fish streams. 
``The Atlas to the Catalog of Waters Important for Spawning, Rearing or 
Migration of Anadromous Fish'' lists the streams in the State which 
require a Habitat permit from the Alaska Department of Fish and Game. 
Because this permit does not relieve a permittee of the requirements of 
other applicable federal, state or local laws, permittees should 
contact the appropriate state or federal agencies to inquire about 
additional permits that may be required.
    4. Individual Permits. Owners or operators authorized by a general 
permit may be excepted from coverage by a general permit by applying to 
the Director of the NPDES program for an individual permit. This 
request may be made by submitting an NPDES permit application, together 
with supporting documentation for the request no later than 90 days 
after publication by EPA of the final general permit in the Federal 
Register, or 180 days prior to the commencement of operation of a new 
source or new discharger. The Director may require any person 
authorized by a general permit to apply for and obtain an individual 
permit, or any interested person may petition the Director to take this 
action. The Director may consider the issuance of individual permits 
when:
    a. The single discharge or the cumulative number of discharges is/
are a significant contributor of pollution;
    b. The discharger is not in compliance with the terms and 
conditions of the general permit;
    c. A change has occurred in the availability of demonstrated 
technology or practices for the control or abatement of pollutants 
applicable to the point source;
    d. Effluent limitations guidelines are subsequently promulgated for 
the point sources covered by the general permit;
    e. A Water Quality Management plan containing requirements 
applicable to such point sources is approved; or
    f. The requirements listed in the previous paragraphs are not met.
B. Description of the Industry
    1. Mechanical Operations (Traditional Sluicing). Placer mining 
involves the mining and extraction of gold or other heavy metals and 
minerals primarily from alluvial deposits. These deposits may be in 
existing stream beds or ancient often buried stream deposits, i.e. 
paleo or fossil placers. Many Alaskan placer deposits consist of 
unconsolidated clay, sand, gravel, cobble and boulders that contain 
very small amounts of native gold or other precious metals. Most are 
stream deposits and occur along present stream valleys or on benches or 
terraces above existing streams. Beach placer deposits have been and 
continue to be important producers in Alaska. These deposits, most 
notable near Nome, include both submerged and elevated beach placer 
deposits.
    Essential components of placer mining include overburden removal, 
mining of the gold placer gravels and processing (gold recovery).
    a. Overburden Removal. Various types of overburden include barren 
alluvial gravels, broken slide rock or glacial deposits. In some parts 
of Alaska the pay gravels are overlaid by silty, organic-rich deposits 
of barren, frozen material generally comprised of wind-blown particles 
(loess). Particularly high ice content is common. Most facilities 
utilize mechanical methods for removal of overburden because they 
generally use the same excavating equipment for mining.
    Overburden can also be removed by hydraulicking. Hydraulicking 
consists of the loosening of material by water delivered under pressure 
through a hydraulic giant (monitor). The material then flows, usually 
by gravity, to the sluice box if the overburden is to be processed with 
the mineral bearing material below. Overburden consisting of barren 
material may be directed away from the sluice box so that only mineral 
bearing material is processed in the sluice.
    b. Mining Methods. Placer mining methods range from dredging 
systems to open-cut mining. Dredging systems are classified as 
hydraulic or mechanical, depending on the methods of digging. A 
floating dredge consists of a supporting hull with a mining control 
system, excavating and lifting mechanism, gold recovery circuits, and 
waste disposal system. They are all designed to work as a unit to dig, 
classify, beneficiate ores and dispose of waste. Suction dredges, the 
most common hydraulic dredging system, are quite popular in Alaska with 
the small or recreational gold placer miner.
    A bucket-line dredge has been the traditional gold placer 
mechanical dredging tool in Alaska. Excavation equipment consists of a 
chain of buckets, traveling continuously around a truss or plate-girder 
ladder, that scoop up a load as they are forced against the mining face 
while pivoting around the lower tumbler and then dump as they pivot 
around the upper tumbler. The ladder is raised or lowered as required 
by a large hoisting winch through a system of cables and sheaves. About 
six placer miners operate bucket-line dredges in Alaska.
    c. Processing Methods. A large percentage of the present gold 
placer mining operations use some type of sluice box to perform the 
primary processing function, beneficiation. An increasing number of jig 
plants are also being used. Many operations make use of feed size 
classification which involves the physical separation of large rocks 
and boulders from smaller materials such as gravel and sand. The object 
of classification is to prevent the processing of large-sized material 
which is unlikely to contain gold values. Commonly used classification 
equipment includes: grizzlies, trommels and static or vibrating 
screens. The most common gold recovery method is sluicing. A sluice is 
a long, sloped trough into which water is directed to effectuate 
separation of gold from ore. A slurry of water and ore flows down the 
sluice and the gold, due to its relatively high density, is trapped in 
riffles along the sluice.
    2. Suction Dredging. A suction dredge is a mechanical device which 
floats on the stream surface and which pumps stream water and stream 
bed material through a suction intake conduit to a sluice box from 
which gold or other minerals may be recovered.
    The discharge from suction dredges consists totally of stream water 
and bed material. These discharges are becoming numerous in the state. 
The discharge limits and monitoring requirements are identical for the 
majority of these discharges. This category of discharges meets the 
qualifications of 40 CFR 122.59 for the issuance of General Discharge 
Permits. This general discharge permit will expedite processing the 
numerous applications and provide the same regulatory controls over the 
discharges as an individual permit would.

II. Effluent Characteristics

    Discharges from placer mining operations consist of water and the 
naturally occurring materials found in the alluvial deposits (e.g. 
sand, silt, clay, trace minerals and metals, etc.). Some of the 
elements measured in placer mine effluent are derived principally from 
sulfide, oxide, carbonate, and silicate mineral species, and include 
antimony, arsenic, cadmium, copper, iron, lead, mercury, nickel, 
silver, and zinc. Most of these parameters are found in trace amounts 
and are of little significance.
    Based on review of sampling data collected by EPA and upon 
evaluation of Alaska Water Quality Standards (WQS), EPA has concluded 
that the pollutants of primary concern are settleable solids, 
turbidity, and arsenic. Arsenic is the only toxic pollutant of concern 
due to its naturally occurring abundance in most Alaskan soils.

III. Basis for Effluent Limitations

A. Background
    Effluent limits required in this permit for the control of 
pollutants are published in 40 CFR part 440, Subpart M--Gold Placer 
Mine Subcategory, which was promulgated May 24, 1988, in 53 FR 18764. 
Additional information regarding the basis for establishing the 
effluent limits is summarized in the EPA publication titled 
``Development Document for Effluent Limitations Guidelines and New 
Source Performance Standards for the Ore Mining and Dressing Point 
Source Category--Gold Placer Mine Subcategory'' (May 1988).
    This final rule establishes effluent limitations guidelines and 
standards based on the best practicable control technology currently 
available (BPT), the best available technology economically achievable 
(BAT), and new source performance standards (NSPS) based on the best 
available demonstrated technology. The BAT and NSPS limitations 
represent the minimum technology required to be in place for all placer 
mining operations covered under 40 CFR part 440, subpart M.
    Section 402(o) of the Act stipulates that NPDES permits may not be 
reissued to contain effluent limitations that are less stringent than 
comparable water quality standards and technology based effluent 
limitations in the previous permit. EPA has determined that this 
general permit complies with these anti-backsliding provisions of the 
Act.
B. Technology-Based Limitations
    1. Mechanical Operations. The CWA requires industries to apply 
treatment technology representing BAT that is economically achievable. 
The BAT requirements specify the use of settling ponds plus total 
recirculation of process wastewater as the selected treatment 
technology. However, the regulation does allow the discharge of 
incidental waters (including waters that enter a mine through 
precipitation, snow melt, drainage water, ground water infiltration and 
the melting of permafrost) which have commingled with process waters, 
provided that these incidental waters are in excess of the make-up 
water required, are treated in settling ponds and do not exceed 0.2 ml/
l settleable solids prior to discharge.
    For the purpose of this permit, discharged wastewater consists of 
incidental waters commingled with process waters used to move the ore 
to and through the beneficiation process, water used to aid in 
classification, and water used in gravity separation. Pursuant to 40 
CFR 440.143, BAT requirements are as follows:
    a. The concentration of settleable solids in wastewater discharged 
from an open-cut mine plant or a dredge plant site must not exceed an 
instantaneous maximum of 0.2 ml/l.
    b. The volume of wastewater which may be discharged from an open-
cut mine plant or dredge plant site must not exceed the volume of 
infiltration, drainage and mine drainage waters which is in excess of 
the make-up water required for operation of the beneficiation process.
    These technology-based requirements are specified in Parts 
II.A.1.a. and b. of the proposed permit.
    The effect of requirement II.A.2. of the proposed permit is to 
prohibit the discharge of any wastewater during periods when new water 
is allowed to enter the plant site.
C. Water Quality Based Limits
    In addition to the BAT effluent limitations, the permit includes 
effluent limitations which are required to ensure compliance with WQS 
(Alaska Regulations 18 AAC 70). These standards vary with the 
beneficial use they are established to protect. In water bodies with 
more than one designated beneficial use, the more restrictive criteria 
apply.
    The WQS protect most fresh water sources for use in drinking, 
agriculture, aquaculture and industrial water supply, contact and 
secondary recreation, and the growth and propagation of fish, 
shellfish, and other aquatic life (Alaska Regulations 18 AAC 70.050). 
All permits being issued in this round of permitting must protect for 
all the above uses.
    EPA has concluded, based on review of the WQS and available 
sampling data, that the parameters of turbidity and arsenic must be 
limited in order to meet the State WQS. Also, the sediment standard 
must be applied to discharges from operations utilizing the hydraulic 
removal of overburden. The arsenic, turbidity and sediment limits were 
established pursuant to section 301(b)(1)(C) of the CWA, which requires 
imposition of ``* * * any more stringent limitation, including those 
necessary to meet water quality standards, * * * or required to 
implement any applicable water quality standard established pursuant to 
this Act.'' The NPDES regulations, at 40 CFR 122.44(d), require NPDES 
permits to include conditions to ``Achieve water quality standards 
established under section 303 of CWA * * *.''
    1. Turbidity: a. Mechanical and Hydraulic Removal of Overburden 
According to the WQS, the most restrictive turbidity criteria applies 
to fresh water sources classified for water contact recreation uses. 
These criteria (18 AAC 70.020(b)(1)(B)(i)(4)) state that turbidity * * 
* ``Shall not exceed 5 NTU above natural conditions when the natural 
turbidity is 50 NTU or less; and more than 10% increase in turbidity 
when the natural condition is more than 50 NTU, not to exceed a maximum 
increase of 15 NTU.'' The proposed draft permit contains a turbidity 
limit that would assure compliance with water quality standards under 
worst case conditions. That is, the turbidity in the effluent must not 
exceed 5 NTUs above the background turbidity level in the receiving 
stream. This condition accounts for naturally occurring turbidity in 
the receiving water and allows the effluent to contain an additional 5 
NTUs of turbidity where the receiving water is naturally turbid. The 
permit condition does not account for those situations where naturally 
occurring turbidity would allow an increase of up to 15 NTUs, nor does 
it account for the dilution effects of the receiving stream. The reason 
for assuming worst case conditions is that EPA does not have current 
site-specific information to establish end-of-pipe limitations for each 
of the permits being processed.
    Although worst case conditions are assumed in the proposed draft 
permit, EPA will consider modifying the NTU limitation to account for 
the dilution effects of the receiving stream. EPA's approach in setting 
higher turbidity limitations is dependent upon receipt of the NOI with 
information from the permittee or from the Alaska Department of Natural 
Resources (ADNR) acting on behalf of the permittee demonstrating that 
the dilution effect of the receiving water justifies a less stringent 
limit. EPA is operating under the assumption that the permit applicant 
bears the burden of providing information necessary to issue the permit 
(40 CFR 124.85(a)(1)). Where the applicant does not provide the site-
specific information that would justify a less stringent turbidity 
limit, the permit issued to a site will contain the turbidity limit 
proposed in the draft permit.
    The procedures used to calculate a higher turbidity limit are the 
same as those used in the placer mining permits issued since 1986. The 
turbidity limit is based on utilizing a mass balance equation which 
relates upstream receiving water flow and turbidity to effluent flow 
and turbidity. The basic form of this equation is:

Q1C1+Q2C2=Q3C3,

where

C1 = upstream turbidity;
C2 = effluent turbidity;
C3 = downstream turbidity after mixing where the allowable 
increase is 5 NTU above background (C1+5 NTU);
Q1 = stream flow downstream from any diversion and upstream from 
the discharge;
Q2 = effluent flow*; and,
Q3 = total stream flow downstream from discharge after complete 
mixing.

    *A default value of 10 gallons per minute (GPM) will be used if the 
NOI states that zero discharge will be achieved. The information that 
must be submitted by the permittee to determine the appropriate 
turbidity limit for the facility is the effluent and receiving stream 
flow rates. The receiving stream flow rate must be measured upstream 
from the discharge point and downstream from any diversions. Receiving 
stream flow values can be obtained from the ADNR, Division of Mining, 
upon request by the permittee. ADNR methodology for determining 
upstream flow uses equations developed by Ashton and Carlson (1984). 
The maximum effluent discharge flow must be estimated by the permittee 
and must account for the effects of all excess incidental waters.
    Permittees requesting a higher turbidity limitation must submit the 
necessary information to EPA with the NOI. This applies to all 
permittees, including those who have submitted this type of information 
in the past, in order to assure that all site-specific information is 
up-to-date.
    b. Suction Dredging. The daily visual inspection during operation 
of an area downstream of the suction dredge is based on research 
published in the scientific literature (Griffith and Andrews 1981, 
Hassler et al. 1986, Harvey 1986, Huber and Blanchet 1992, Thomas 1985) 
and on monitoring done by Alaska Department of Environmental 
Conservation (ADEC) (Ron McAlister, ADEC, personal communication). In 
most cases, water quality recovered rapidly below the dredge. ADEC 
found that turbidity was elevated 1 to 4.5 NTU 500 feet downstream of 
an operating 10 inch dredge. The daily visual inspection during 
operation should assure that the water quality standard for turbidity 
is met.
    2. Arsenic--Mechanical and Hydraulic Removal of Overburden. EPA has 
concluded, based on available sampling data, that arsenic is commonly 
associated with placer mining wastes. Locally, it is the most abundant 
toxic metal present. For this reason, EPA has determined that arsenic 
is a pollutant of concern. Additionally, although several studies by 
EPA have indicated a reduction in levels of arsenic in placer mining 
effluent as a result of reducing settleable solids to 0.2 ml/l, EPA has 
concluded that these reduced levels of arsenic are not consistently 
adequate to achieve WQS.
    In establishing the arsenic limit, the ``Amendments to the Water 
Quality Standards Regulation; Compliance with CWA section 303(c)(2)(B); 
Final Rule'' (57 FR 6084, Tuesday, December 22, 1992) are used. This 
rulemaking promulgated the chemical-specific numeric criteria for 
priority toxic pollutants necessary to bring all States into compliance 
with the requirements of the CWA section 303(c)(2)(B). The primary 
focus of the rule is the inclusion of the federal water quality 
criteria for pollutant(s) in State standards as necessary to support 
water quality-based control programs (e.g. NPDES permits). The federal 
standard of 0.18 g/l total recoverable arsenic is applicable 
to Alaska and this number has been used to derive the end-of-pipe 
limitation for the draft permits.
    Mixing zones are allowed under the Alaska standards for some 
pollutant discharges. However, 18 AAC 70.032(a) states * * * ``In 
applying the water quality criteria set out in this chapter, the 
department will, upon application and in its discretion, prescribe in 
its permits or certifications a volume of dilution for an effluent or 
substance within a receiving water unless pollutants discharged could 
bioaccumulate; concentrate or persist in the environment; cause 
carcinogenic, mutagenic, or teratogenic effects; or otherwise present a 
risk to human health * * *'' Arsenic is a carcinogen. In a letter, 
dated March 24, 1992, from the Alaska Department of Environmental 
Conservation Commissioner, John Sandor, to EPA Water Division Director, 
Charles Findley, the State has interpreted this to mean that ``* * * a 
mixing zone may be prescribed where there is no reasonable expectation 
of an adverse effect on human health or aquatic life, based on site-
specific, chemical, physical and biological characteristics.'' EPA is 
not proposing a mixing zone for arsenic but would include a method for 
determining a mixing zone in the permit if the Department determines 
that such a mixing zone is appropriate and is in compliance with WQS.
    Two options are given to the permittee to determine the arsenic 
limit. If the ``natural'' background is not measured, the effluent 
limit is set according to federal standard at 0.18 g/l. The 
other option depends on the ``natural'' background levels of arsenic 
present in the receiving water. The ``natural'' background is defined 
as the total recoverable arsenic level upstream from all mining and 
other man-made disturbances. The WQS, 18 AC 70.010(a), states that 
``[n]o person may conduct an operation that * * * contributes to a 
violation of the water quality standards * * *'' If the ``natural'' 
background levels are already above the federal standard, any discharge 
at or below the ``natural'' background level will not elevate the 
existing concentrations in the stream thus not contributing further to 
a violation of WQS. The ``natural'' background data must be provided 
with the annual Discharge Monitoring Report (DMR).
    Because the effluent limitation of 0.18 g/L is not 
quantifiable using the EPA approved analytical method (206.2), EPA has 
set a reporting threshold to measure the highest acceptable 
quantification level for this parameter. When results cannot be 
quantified, values below the method detection level (1 g/L) 
shall be report as zero and values above the method detection level but 
below the minimum level (4 g/L) reported at \1/2\ the minimum 
level or 2 g/L. This reporting threshold does not authorize 
the discharge of this parameter in excess of the effluent limitation.
    3. Sediment.  The sediment standard (18 ACC 70.020) is a narrative 
standard which reads, ``No increase in concentration of sediment, 
including settleable solids, above natural conditions.'' The method 
indicated for measuring sediments is the use of an Imhoff cone. The 
detection limit, the lowest measurable value, of an Imhoff cone is 0.2 
ml/l. Therefore the maximum limit for sediment will be 0.2 ml/l 
measured as settleable solids for operations utilizing hydraulic 
removal of overburden.

IV. Basis for Monitoring and Reporting Requirements

    A. Monitoring: All self-monitoring requirements considered the 
remoteness of the mining operations, the magnitude of the pollutants 
discharged, and the practicability of maintaining a valid quality 
assurance program.
    1. The measurement of settleable solids is an indication of overall 
treatment efficiency. The permit requires monitoring for settleable 
solids once per day during periods of discharge. If there is a 
discharge to waters of the United States, permittees are required to 
sample for settleable solids on a daily basis, even if sluicing does 
not occur. This is required because the operator is responsible at all 
times for the condition of the wastewater entering the receiving 
stream. Also, the results from settleable solids sampling can give the 
operator an immediate indication of the overall effectiveness of the 
treatment system and thus allow advanced planning for treatment system 
maintenance.
    2. EPA has concluded that the monitoring frequency for turbidity 
and arsenic will be once per season. Monitoring for these pollutants 
have been established at less frequent intervals because sampling and 
analysis for these parameters are more difficult and costly. Samples 
for monitoring purposes must be taken during sluicing or discharge at a 
time when the operation has reached equilibrium. For example, samples 
should be taken when sluice paydirt loading and effluent discharge are 
fairly constant.
    3. Effluent flow monitoring is also required in the proposed 
permit. The purpose of this requirement is to assess the pollutant 
loading discharged into the receiving water.
    4. The visual inspection provision in Part II.D.1. of the proposed 
permit is required to assure against discharges resulting from 
structural failure of berms, dikes, dams and other water control 
structures. A visual inspection is an effective tool for assuring 
proper operation and maintenance.
    5. Monitoring provisions for turbidity, arsenic, settleable solids, 
and flow (in Parts II.D.1.c., d., e., and f., respectively) are 
included in the proposed permit. These provisions are included to 
explain how, when, and where to collect these samples.
    B. Reporting. 1. Reporting of effluent violations is required in 
writing within a reasonable time period. This is found in Permit Part 
IV.G.2.c.
    2. Reporting of visual violations from suction dredges is required 
in writing within a reasonable time period. This is found in Permit 
Part II.D.2.b.
    3. The results of all monitoring or notice of no discharge must be 
reported to EPA by November 30 of each year. This is found in Permit 
Part IV.B.

V. Best Management Practices (BMPs)

A. Mechanical and Hydraulic Removal of Overburden
    1. BMP conditions in Permit Parts III.A.1. to III.A.5. of the 
proposed permit were developed pursuant to section 304(e) of the CWA. 
These BMPs are established in 40 CFR 440.148 and are necessary for 
control and treatment of the drainage and infiltration water at gold 
placer mines and to prevent solids and toxic metals from being released 
to the receiving streams.
    a. The intent of Permit Part III.A.1. is to avoid contamination of 
nonprocess water, reduce the volume of water requiring treatment and 
maximize the retention time and the settling capacity of the settling 
ponds. The diversion must totally circumvent any gold recovery units, 
treatment facilities, etc. Any mine drainage sources that pass through 
the actual mining area and are subject to transporting pollutants must 
be treated prior to discharge.
    b. Permit Part III.A.2. is required to assure that water retention 
devices are constructed appropriately. This may be achieved by 
utilizing on-site material in a manner that the fine sealing material 
(such as clays) are mixed in the berms with coarser materials. Berms 
should be toed into the underlying earth, constructed in layers or 
lifts and each layer thoroughly compacted to ensure mechanical and 
watertight integrity of the berms. Other impermeable material such as 
plastic sheets or membranes may be used inside the berms when sealing 
fines are unavailable or in short supply. The side slope of berms 
should not be greater than the natural angle of repose of the materials 
used in the berms or a slope of 2:1, whichever is flatter.
    c. The intent of Permit Part III.A.3 is to ensure that the 
investment in pollution control pay the maximum benefit in terms of 
reduced pollutant volumes reaching water of the United States. These 
measures may include location of the storage ponds and storage areas to 
assure that they will not be washed out by reasonably predictable 
flooding or by the return of a relocated stream to it original stream 
bed. Materials removed from settling ponds should be placed in bermed 
areas where liquids from the materials cannot flow overland to waters 
of the United States. It may be necessary, in some cases, to collect 
such liquids and pump or divert them back to the settling pond for 
treatment. This requirement applies both during the active mining 
season and at all other times until reclamation is completed.
    d. Permit Part III.A.4. is required to assure that the amount of 
wastewater that is discharged is kept to a minimum.
    e. The provisions of Permit Part III.A.5. will ensure that water 
control devices are adequately maintained. This specifies that 
structures should be inspected on a regular basis for any signs of 
structural weakness or incipient failure. Whenever such weakness or 
incipient failure becomes evident, repair or augmentation of the 
structure to reasonably ensure against catastrophic failure shall be 
made immediately.
    2. BMP condition Permit Part III.A.6. of the proposed permit is 
required pursuant to 40 CFR 122.44(k)(3). The purpose of this 
requirement is to assure that all reasonable measures are taken to 
decrease the amount of pollutants being discharged to waters of the 
United States.
    3. The same BMPs are required of operations utilizing hydraulic 
removal of overburden pursuant to 40 CFR 122.44(k)(3). The purpose of 
these requirements is to assure that reasonable measures are taken to 
decrease the amount of pollutants being discharged to waters of the 
United States.
B. Suction Dredging
    The BMPs are required pursuant to 40 CFR 122.44(k)(3).
    1. Dredging is permitted only in the active stream channel where 
the dredging spoils are relatively clean and will cause minimum 
turbidity when returned to the stream. The material that runs through a 
suction dredge flows downstream and settles among gravel and rocks in 
the streambed. Too much silt and sand make it difficult for the salmon 
to dig suitable gravel nests (redds) and can also smother fish eggs 
already deposited.
    2. Wherever practicable, the dredge shall be set to discharge into 
a quiet pool where settling of dredge spoils can occur more rapidly. 
This will cause in-stream turbidity to be minimized and localized to 
the general area of the dredging activity.
    3. The purpose of this requirement is to control the potential 
discharge of pollutants, resulting from fuel spills, from entering 
receiving waters.
    4. Dredging is not permitted during the periods that fish eggs 
could be in the gravel at the dredge site. The greatest single effect a 
suction dredge has on the environment is the danger it poses to fish. 
The dredge pump forces water and gravel through the nozzle and hose. 
Fish eggs taken up with gravel cannot survive the shock, pressure, and 
battering and pounding that comes with moving through the hose and 
sluice. If a fish egg should somehow survive the hose and sluice, the 
chances for being buried in the gravel at the right depth and in the 
correct gravel composition necessary for incubation are nonexistent. 
``The Atlas to the Catalog of Waters Important for Spawning, Rearing or 
Migration of Anadromous Fish'' lists the streams in the State which 
require a Habitat permit from the Alaska Department of Fish and Game. 
This catalog is quite extensive but is available for viewing at many 
agencies including Alaska Department of Fish and Game, U.S. Fish and 
Wildlife Service, the National Marine Fisheries Service and the 
Anchorage Operations Office of EPA.

VI. Other Requirements

A. Spill Prevention Control and Containment (SPCC) Plan
    Part III.C. of the proposed permit was established in accordance 
with 40 CFR 122.44(k)(3). The purpose of this requirement is to control 
the potential discharge of pollutants, resulting from fuel spills, from 
entering receiving waters.
B. Endangered Species
    A species list was provided by the U.S. Fish and Wildlife Service 
for the state of Alaska. The recommended protection measures for the 
species of concern during the nesting period prohibits alterations of 
limited, high quality habitat which could detrimentally and 
significantly reduce prey availability. Since this general water 
discharge permit is written to protect aquatic life or human health 
criteria (whichever is more stringent), no alterations of habitat due 
to water discharges authorized by this permit should occur. Because of 
this, EPA has determined that formal consultation for section 7 of the 
Endangered Species Act is not necessary for existing facilities. 
Environmental Assessments will be completed for each new source 
discharge as is stated in Part I.A.3. of the permit. Any consultation 
necessary to comply with the Endangered Species Act will be performed 
at this time.

VII. Storm Exemption

    Part III.D. of the proposed permit establishes a storm exemption 
provision which authorizes exceedences of technology-based effluent 
limitations and standards provided that the permittee meets certain 
design and operational criteria. This provision is required pursuant to 
40 CFR 440.141(b).
    This provision allows for the unavoidable exceedence of technology-
based effluent limitations during storms of intensity greater than or 
equal to a 5-year, 6-hour storm event. The storm exemption will be 
allowed provided that (1) the settling ponds are designed, constructed, 
and maintained to contain the volume of process water generated during 
four hours of normal operation plus the drainage water resulting from a 
5-year, 6-hour storm event, (2) the operator takes all reasonable steps 
possible to maintain treatment of the wastewater and minimize overflow 
from the settling ponds, (3) the permittee must be in compliance with 
the BMPs in Part III.A. of the proposed permit, and (4) the operator 
complies with all the notification requirements for bypasses and upsets 
as established in Parts III.G. and H. of the proposed permit. Part 
III.D. of the proposed permit establishes the specific conditions which 
must be met in order to be eligible for the storm exemption.
    This exemption is designed to provide an affirmative defense to an 
enforcement action. Therefore, the operator has the burden of 
demonstrating to the appropriate authority that the above conditions 
have been met.

VIII. Prohibitions

    A. Part I.C. has been incorporated into the proposed permit to 
further clarify the discharges that will be authorized under this 
permit.
    B. Part II.A.2. of the proposed permit is required to assure 
compliance with the technology-based requirements established in Part 
II.A.1.a. of the proposed permit.

IX. New Source Performance Standards (NSPS)

    Pursuant to section 301 of the CWA, NSPS (40 CFR 440.144) were 
promulgated for gold placer mine facilities. NSPS apply to new mines 
determined to be new sources by virtue of their activities occurring 
after promulgation of the rule (May 24, 1988). The NSPS for gold placer 
mining facilities are based on the same treatment technology as BAT, 
which consists of simple settling plus recirculation of all process 
water. Since BAT is based on the most stringent demonstrated technology 
that is available for treating gold placer mine wastewater, those mines 
which are new sources will not be subject to controls more stringent 
than those applicable to existing mines.
    In accordance with section 511(c)(1) of the CWA, NPDES permits for 
new sources are subject to the provisions of the National Environmental 
Policy Act (NEPA). NEPA requires that, prior to the issuance of an 
NPDES permit to a new source facility, an Environmental Assessment (EA) 
must be prepared to determine the potential for any significant impacts 
on the quality of the human environment resulting from operation of the 
new source. Permit part I.E.1. requires that new facilities submit a 
notice of intent by January 1 of the year of discharge. This will allow 
adequate time to complete EAs for each new source prior to the mining 
season. If the EA indicates that significant adverse environmental 
impacts may occur, then the applicant must prepare an Environmental 
Impact Statement (EIS). However, if the EA indicates that significant 
impacts are not anticipated, a Finding of No Significant Impact (FNSI) 
shall be issued and the facility will be covered by the existing 
general permit. The FNSI may be based, in part, on required permit 
conditions or mitigation measures necessary to make the recommended 
alternative environmentally acceptable.

X. State Certification

    Section 301(b)(1)(C) of the Act requires that an NPDES permit 
contain conditions which ensure compliance with applicable State water 
quality standards or limitations. The limitations for turbidity and 
arsenic were established pursuant to WQS and federal standards, 
respectively. Section 401 requires that States certify that Federally 
issued permits are in compliance with State law. No permits can be 
issued until the requirements of Section 401 are satisfied.
    These are permits for operations discharging to waters (inland 
waters) of the State of Alaska. EPA is requesting State officials to 
review and provide appropriate certification to these draft permits 
pursuant to 40 CFR 124.53.

XI. References

Ashton, W. and R. Carlson. 1984. Determinations of Seasonal 
Frequency and Durational Aspects of Stream Flow With Regard to Fish 
Passage Through Roadway Drainage Structures. Department of 
Transportation and Public Facilities.
Griffith, J.S. and D.A. Andrews. 1981. Effects of a small suction 
dredge on fishes and aquatic invertebrates in Idaho streams. North 
American Journal of Fisheries Management 1:21-28.*
---------------------------------------------------------------------------

    *Literature cited in literature research project.
---------------------------------------------------------------------------

Hassler, T.J., W.L. Somer and G.R. Stern. 1986. Impacts of suction 
dredge mining on anadromous fish, invertebrates and habitat in 
Canyon Creek, California. Calif. Coop. Fish. Res. Unit., Humboldt 
State University, Arcata, California, Coop. Agreement No. 14-16-
0009-1547, Work Order No. 2. 135 pages.*
Harvey, B.C. 1986. Effects of suction gold dredging on fish and 
invertebrates in two California streams. North American Journal of 
Fisheries Management 6:401-409.*
Huber, C. and D. Blanchet. 1992. Water quality cumulative effects of 
placer mining on the Chugach National Forest, Kenai Peninsula, 1988-
1990. U.S. Forest Service, Chugach National Forest, Alaska Region. 
74 pages.*
McCleneghan, K. and R.E. Johnson. 1983. Suction dredge gold mining 
in the mother lode region of California. California Department of 
Fish and Game, Environmental Services Branch, Administrative Report 
83-1.*
Minshall, G.W., D.A. Andrews and C.Y. Manual-Faler. 1983. 
Application of island biogeographic theory to streams: 
macroinvertebrate recolonization of the Teton River, Idaho. In J.R. 
Barnes and G. W. Minshall editors Stream Ecology: Application and 
testing of general ecological theory. Plenum Press, New York.*
Scannel, P.O. 1988. Effects of elevated sediment levels from placer 
mining on survival and behavior of immature Arctic grayling. 
Master's thesis. University of Alaska, Fairbanks, Alaska, USA. 93 
pages.*
Somer, W.L. and T.J. Hassler. 1992. Effects of suction-dredge gold 
mining on benthic invertebrates in a Northern California Stream. 
North American Journal of Fisheries Management 12:244-252.*
Thomas, V.G. 1985. Experimentally determined impacts of a small, 
suction gold dredge on a Montana stream. North American Journal 
Fisheries Management 5:480-488.*
U.S. Army Corps of Engineers. 1985. Water Quality Study: Arkansas 
River above Salida, Colorado. U.S Army Corps of Engineers, 
Albuquerque District, P.O. Box 1580, Albuquerque, New Mexico 87103.*
U.S. Environmental Protection Agency. 1991. Regulatory strategy for 
controlling small commercial and recreational placer mining, draft. 
U.S. Environmental Protection Agency, Office of Solid Waste, 2800 
Crystal Drive, Crystal Station, Crystal City, Virginia 20202. EPA 
Contract No. 68-C8-0066, W.A. 30. SAIC Project No. 1-833-03-630-00. 
73 pages.*
U.S. Environmental Protection Agency. 1988. Development Document for 
Effluent Limitations Guidelines and New Source Performance Standards 
for the Ore Mining and Dressing Point Source Category--Gold Placer 
Mining Subcategory. U.S. Environmental Protection Agency, Office of 
Water Regulations and Standards, Industrial Technology Division, 
Washington, DC 20460. EPA 440/1-88-061.

Finding of No Significant Impact

    To all interested government agencies, public groups, and 
individuals:
    In accordance with the Environmental Protection Agency (EPA) 
procedures for complying with the National Environmental Policy Act 
(NEPA), 40 CFR part 6, subpart F, EPA has completed an environmental 
review of the following proposed action: Issuance of a General National 
Pollutant Discharge Elimination System (NPDES) Permit No. AK-G-37-0000 
for Alaskan Placer Miners.
    The proposed action is issuance of a General NPDES Permit covering 
both existing and new source facilities in Alaska which mine and 
process, using gravity separation methods, gold placer ores. The 
proposed effluent limitations, monitoring provisions, and other 
conditions are specified in the draft General NPDES permit. The Fact 
Sheet, accompanying the draft permit, describes the basis for these 
requirements. The proposed General NPDES Permit would replace the 
existing individual NPDES permits.
    An environmental assessment (EA) of this proposed action has been 
completed (enclosed). Based on the EA, and in accordance with the 
guidelines for determining the significance of proposed federal actions 
(40 CFR 1508.27) and EPA criteria for initiating an environmental 
impact statement (EIS) (40 CFR 6.605), EPA has concluded that the 
proposed General NPDES permit will not result in a significant effect 
on the human environment. The proposed permit will not significantly 
affect land use patterns or population, wetlands or floodplains, 
threatened or endangered species, farmlands, ecologically critical 
areas, historic resources, air quality, water quality, noise levels, 
fish and wildlife resources, nor will it conflict with local, regional, 
or state land use plans or policies. The proposed permit conforms with 
all applicable federal statutes and executive orders.
    The proposed General Permit includes the same technology-based 
permit limits, established by regulation (40 CFR part 440, subpart M), 
as the individual permits currently do. The recirculation of process 
wastewater is required and the settleable solids concentration of the 
allowable discharge (i.e. excess water) is limited to 0.2 milliliters 
per liter. Water quality-based limits are also included in the proposed 
permit.
    The proposed permit covers, in addition to conventional open-cut 
placer mining operations, placer mining operations utilizing hydraulic 
methods to remove overburden, and suction dredges. The proposed permit 
limits for the hydraulic overburden removal operations are based on the 
state sediment standard and best professional judgment and are the same 
as the limits for the conventional operations. The limits for the 
suction dredge operations would be based on best professional judgment.
    The proposed General Permit would reduce the yearly administrative 
burden of EPA associated with the processing of numerous individual 
permits. Because the proposed General Permit and individual permits 
include essentially the same requirements, the primary impact related 
to permit type is expected to be administrative. No negative impacts to 
EPA, other agencies or operators are expected.
    The proposed General NPDES Permit may contribute to an improvement 
in environmental conditions because it would reduce the permitting 
administrative workload thus making available limited time that could 
be used for higher priority activities, such as permit compliance and 
inspections. The inclusion of suction dredge operations in the General 
Permit will improve the monitoring and compliance of these operations.
    Under the proposed action, the new source placer mining proposals 
requesting coverage under the General Permit would continue to be 
subject to individual NEPA reviews. This will enable EPA to evaluate 
the site-specific and cumulative impacts associated with the individual 
projects. Where an EA concludes that significant impacts are not 
anticipated, a Finding of No Significant Impact would be issued and the 
new source project would be granted coverage under the General Permit. 
If EPA determines that significant impacts from a proposed new source 
project may occur, an EIS would be prepared prior to EPA's final permit 
decision. Therefore the site-specific impacts of those projects would 
continue to be evaluated and considered prior to the permit actions. An 
individual permit may also be required by EPA in lieu of coverage under 
the General Permit.
    For the above reasons EPA has determined that an EIS will not be 
prepared for the proposed action.
    Comments pertaining to this Finding of No Significant Impact may be 
submitted to: Rick Seaborne, Environmental Protection Agency, 
Environmental Review Section, 1200 Sixth Avenue, WD-126, Seattle, WA 
98101.
    No administrative action will be taken for at least 30 days after 
the release of this Finding of No Significant Impact. EPA will fully 
consider all comments before taking final action.

    Sincerely,
Charles E. Findley,
Director, Water Division.

Authorization To Discharge Under the National Pollutant Discharge 
Elimination System for Alaskan Placer Miners

[General Permit No.: AK-G-37-0000]

    In compliance with the provisions of the Clean Water Act (CWA), 33 
U.S.C. 1251 et seq., as amended by the Water Quality Act of 1987, 
Public Law 100-4, the ``Act'', owners and operators of facilities 
engaged in the processing of placer gold are authorized to discharge to 
waters of the United States, in accordance with effluent limitation, 
monitoring requirements, and other conditions set forth herein.

    A COPY OF THIS GENERAL PERMIT MUST BE KEPT AT THE SITE WHERE 
DISCHARGES OCCUR.

    This permit shall become effective 30 days after final publication. 
This permit and the authorization to discharge shall expire 5 years 
after the effective date of the permit: Director, Water Division, 
Region 10, U.S. Environmental Protection Agency.

Table of Contents

Cover Page

I. Coverage under this permit
    A. Coverage and Eligibility
    B. Types of Placer Mine Operations Covered
    C. Limitations on Coverage
    D. Prohibitions
    E. Requiring an Individual Permit
    F. Notification Requirements
    G. Permit Expiration
II. Effluent limitations
    A. Mechanical Operation (Traditional Sluicing)
    B. Hydraulic Removal of Overburden
    C. Suction Dredging
    D. Monitoring Requirements
III. Management practices
    A. Mechanical Operations and Hydraulic Removal of Overburden
    B. Suction Dredges
    C. Other Requirements
    D. Storm Exemption
IV. Monitoring and reporting requirements
    A. Representative Sampling
    B. Reporting of Monitoring Results
    C. Monitoring Procedures
    D. Additional Monitoring by the Permittee
    E. Records Contents
    F. Retention of Records
    G. Notice of Noncompliance Reporting
    H. Other Noncompliance Reporting
    I. Inspection and Entry
V. 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
VI. 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. State Laws
VII. Reopener clause
VIII. Definitions
IX. Special conditions--Effluent limits below detection levels
    A. Reporting Levels
    B. Reporting Details
Attachment 1
Attachment 2
Attachment 3
Appendix A

I. Coverage Under This Permit

A. Coverage and Eligibility
    1. Existing Facilities: Existing facilities (those facilities 
having individual NPDES permits) are authorized under the terms and 
conditions of this permit upon the submittal of a Notice of Intent 
(NOI) to gain coverage under this permit. Coverage will be granted 
according to Permit Part E.4.
    2. Pending Applications: Upon submittal of an NOI all facilities 
which have submitted applications in accordance with 40 CFR 122.21(a) 
are authorized under the terms and conditions of this permit. Coverage 
will be granted according to Permit Part E.4.
    3. New Facilities: New facilities that are determined to be new 
sources under the CWA will be required to have an Environmental 
Assessment (EA) completed pursuant to the National Environmental Policy 
Act (NEPA). A finding of no significant impact (FNSI) by EPA is 
necessary prior to receiving coverage under this permit. If there will 
be a significant impact, the facility will be required to submit, to 
EPA, an Environmental Impact Statement (EIS). Facilities determined to 
be new dischargers will be covered by the terms and conditions of this 
permit if they meet all the necessary requirements of the coverage.
    4. Expanding Facilities: Facilities that contemplate expanding 
shall submit a new NOI that describes the new discharge. The old permit 
will be terminated and a new permit issued in its place if the facility 
meets all the necessary requirements of the coverage.
B. Types of Placer Mine Operations Covered
    1. Facilities that mine and process gold placer ores using gravity 
separation methods to recover the gold metal contained in the ore.
    a. Open-cut gold placer mines except those open-cut mines that mine 
less than 1,500 cubic yards of placer ore per mining season.
    b. Mechanical dredge gold placer mines (not suction dredges) except 
those dredges that remove less than 50,000 cubic yards of placer ore 
per mining season.
    2. Suction dredges with intake hoses of greater than 4 inches.
    3. Operations utilizing hydraulic removal of overburden.
C. Limitations on Coverage
    Many streams and stream reaches in Alaska have been designated as 
part of the federal wild and scenic rivers system or as Conservation 
System Units (CSUs) by the federal government. Permittees should 
contact the district offices of the federal agencies that administer 
the designated area for additional restrictions that may apply to 
operating within the area. Many streams in Alaska where placer mining 
occurs have been designated by Alaska Department of Fish and Game 
(ADFG) as needing an ADFG Habitat permit with additional restrictions. 
``The Atlas to the Catalog of Waters Important for Spawning, Rearing or 
Migration of Anadromous Fish'' lists the streams in the State which 
require a Habitat permit.
D. Prohibitions
    Discharges from the following beneficiation processes are not 
authorized under this permit: Mercury amalgamation, cyanidation, froth 
floatation, heap and vat leaching.
E. Requiring an Individual Permit
    1. The Regional Administrator may require any person authorized by 
this permit to apply for and obtain an individual National Pollutant 
Discharge Elimination System (NPDES) permit when:
    a. The single discharge or the cumulative number of discharges is/
are a significant contributor of pollution;
    b. The discharger is not in compliance with the terms and 
conditions of the general permit;
    c. A change has occurred in the availability of demonstrated 
technology or practices for the control or abatement of pollutants 
applicable to the point source;
    d. Effluent limitations guidelines are subsequently promulgated for 
the point sources covered by the general permit;
    e. A Water Quality Management plan containing requirements 
applicable to such point sources is approved; or
    f. An Individual Control Strategy (ICS) is required under section 
304(L) of the Act.
    2. The Regional Administrator will notify the operator in writing 
that a permit application is required. If an operator fails to submit 
in a timely manner an individual NPDES permit application as required, 
then the applicability of this general permit to the individual NPDES 
permittee is automatically terminated at the end of the day specified 
for application submittal.
    3. Any owner or operator authorized by this permit may request to 
be excluded from the coverage of this permit by applying for an 
individual permit. The owner or operator shall submit an individual 
application (Form 1 and Form 2C or 2D) with reasons supporting the 
request to the Regional Administrator no later than 90 days after the 
effective date of the permit.
    4. When an individual NPDES permit is issued to an owner or 
operator otherwise covered by this permit, the applicability of this 
permit to the facility is automatically terminated on the effective 
date of the individual permit.
    5. When an individual NPDES permit is denied to an owner or 
operator otherwise covered to this permit, the permittee is 
automatically reinstated under this permit on the date of such denial, 
unless otherwise specified by the Regional Administrator. A new 
facility can receive coverage under this general permit by submitting a 
NOI. See Permit Part I.A.3. for details.
    6. A source excluded from a general permit solely because it 
already has an individual permit may request that the individual permit 
be revoked and that it be covered by the general permit. Upon 
revocation of the individual permit, the general permit shall apply to 
the source.
F. Notification Requirements
    1. Owners or operators of facilities authorized by this permit 
shall submit a NOI to be covered by this permit. The information 
required for a complete NOI is in appendix A of this permit. 
Notification must be made:
    a. Within 90 days of issuance of this permit; or
    b. By January 1 of the year of discharge from a new facility or a 
facility established since 1988 that has not previously been covered by 
a permit; or
    c. Ninety (90) days prior to the expiration of an existing 
individual permit. Authorization to discharge requires written 
notification from EPA that coverage has been granted and that a 
specific permit number has been assigned to the operation.
    2. The NOI shall be signed by the owner or other signatory 
authority in accordance with Part VI.H. (Signatory Requirements), and a 
copy shall be retained on site in accordance with Part IV.F. (Retention 
of Records) of this permit. The address for NOI submission to EPA is: 
United States Environmental Protection Agency, Region 10, 1200 Sixth 
Avenue, WD-134, Seattle, Washington 98101.
    3. A copy of the NOI must also be sent to the regional office of 
the Alaska Department of Environmental Conservation (ADEC) that has 
jurisdiction over the mine. The addresses are:

Alaska Department of Environmental Conservation, 410 Willoughby, 
Suite 105, Juneau, Alaska 99801
Alaska Department of Environmental Conservation, Northern Regional 
Office, 610 University Avenue, Fairbanks, Alaska 99709
Alaska Department of Environmental Conservation, Central Regional 
Office, 3601 ``C'' Street, Suite 1350, Anchorage, Alaska 99503

    4. A copy of the general permit will be sent to the permittee when 
it is determined that the facility can be granted coverage under this 
general permit. If it is determined that coverage cannot be granted 
under this permit, the applicant will be informed of this in writing.
G. Permit Expiration
    Coverage under this permit will expire five (5) years from the date 
of issuance. For facilities submitting a new NOI 90 days prior to 
expiration of this general permit, the conditions of the expired permit 
continue in force until the effective date of a new permit.

II. Effluent Limitations

A. Mechanical Operation (Traditional Sluicing)
    During the term of this permit, no wastewater discharges are 
authorized except as specified below.
    1. Effluent Limitations.
    a. The volume of wastewater which may be discharged shall not 
exceed the volume of infiltration, drainage and mine drainage waters 
which is in excess of the make-up water required for operation of the 
beneficiation process.
    b. The wastewater discharged shall not exceed the following: 

------------------------------------------------------------------------
      Effluent characteristic               Instantaneous maximum       
------------------------------------------------------------------------
Settleable Solids..................  0.2 ml/L.                          
Turbidity..........................  5 NTUs above natural background.   
Arsenic, Total Recoverable.........  (1) 0.18 g/L.          
                                     (2) Natural background*            
------------------------------------------------------------------------
*See Part II.D.4. for details.                                          

    2. Effluent discharges are prohibited during periods when new water 
is allowed to enter the plant site. Additionally, there shall be no 
discharge as a result of the intake of new water.
B. Hydraulic Removal of Overburden
    During the term of this permit, no wastewater discharges are 
authorized except as specified below.
    1. Effluent Limitations. a. The volume of wastewater which may be 
discharged shall not exceed the volume of infiltration, drainage and 
mine drainage waters which is in excess of the make-up water required 
for operation of the hydraulicking process.
    b. The wastewater discharged shall not exceed the following: 

------------------------------------------------------------------------
      Effluent characteristic               Instantaneous maximum       
------------------------------------------------------------------------
Settleable Solids..................  0.2 ml/L.                          
Turbidity..........................  5 NTU above natural background.    
Arsenic, Total Recoverable.........  (1) 0.18 g/L              
                                     (2) natural background.*           
------------------------------------------------------------------------
*See Part II.D.4. for details.                                          

    2. Effluent discharges are prohibited during periods when new water 
is allowed to enter the plant site. Additionally, there shall be no 
discharge as a result of the intake of new water.
C. Suction Dredging
    1. At any point in the receiving stream 500 feet downstream of the 
dredge's discharge point, the maximum allowable increase in turbidity 
over the natural receiving stream turbidity while operating is 5 NTUs.
    2. A visual increase in turbidity (any cloudiness or muddiness) 500 
feet downstream of the suction dredge during operations would be 
considered a violation of the 5 NTU limit.
    3. If noticeable turbidity does occur 500 feet downstream of the 
work site, operation of the suction dredge must decrease or cease so 
that a violation as defined above does not exist.
D. Monitoring Requirements
    1. Mechanical Operations and Hydraulic Removal of Overburden. a. 
During the period beginning on the effective date of this permit and 
lasting until the expiration date, the following monitoring shall be 
conducted: 

------------------------------------------------------------------------
     Effluent          Monitoring        Monitoring                     
 characteristic        location          frequency        Sample type   
------------------------------------------------------------------------
Settleable Solids  Effluent.........  Once per day      Grab.           
 (ml/L).                               each day of                      
                                       discharge.                       
Turbidity (NTU)..  Effluent natural   Once per season.  Grab.           
                    background.                                         
Arsenic (g/L) Total       background*.                                        
 recoverable.                                                           
Flow (gpm).......  Effluent.........  (***)...........  Instantaneous.  
------------------------------------------------------------------------
*Only when choosing Option (2).                                         
**Analyzed by EPA Method 206.2 with a detection limit of 1 g/L.
                                                                        
***See Part II.D.1.f. for details.                                      

    b. Visual Inspection. The Permittee shall institute a comprehensive 
visual inspection program to facilitate proper operation and 
maintenance of the recycle system and the wastewater treatment system. 
The Permittee shall conduct an inspection of the site once per day 
during the mining season. The Permittee shall maintain records of all 
information resulting from any visual inspections. These records shall 
include, but are not limited to, an evaluation of the condition of all 
water control devices such as diversion structures and berms and all 
solids retention structures such as berms, dikes, pond structures, and 
dams. The records shall also include an assessment of the presence of 
sediment buildup within the settling ponds. The Permittee shall examine 
all ponds for the occurrence of short circuiting.
    c. Turbidity Monitoring. The Permittee shall monitor the turbidity 
values of the effluent stream and the background turbidity values of 
the receiving stream then compare the two samples. The sample results 
shall be reported on the Annual Discharge Monitoring Report (DMR). The 
Permittee shall take one sample at a point that is representative of 
the discharge prior to entering the receiving stream. The Permittee 
shall take another sample above the discharge point at a location that 
is considered to be the ``natural'' background of the receiving stream 
as defined in permit part V.I. Both samples shall be taken within a 
reasonable time frame. Monitoring shall be conducted in accordance with 
accepted analytical procedures. See attachment 1 for sampling protocol.
    d. Arsenic Monitoring. Arsenic samples shall be representative of 
the discharge and shall be taken at a point prior to entering the 
receiving stream. Arsenic samples taken to determine ``natural'' 
background shall be representative of the receiving water upstream from 
any man-made disturbances. Monitoring shall be conducted in accordance 
with accepted analytical procedures. The Permittee shall report the 
sample results on the Annual DMR. See attachment 2 for sampling 
protocol.
    The effluent limitation for total recoverable arsenic is not 
quantifiable using the EPA approved analytical method, EPA method 
206.2. Thus, EPA has set forth reporting thresholds to measure the 
highest acceptable quantification level for this parameter. This 
reporting threshold does not authorize the discharge of this parameter 
in excess of the effluent limitation. For more information, see special 
conditions in Part IX. of this permit.
    e. Settleable Solids Monitoring. Settleable solids samples shall be 
representative of the discharge and shall be taken at a point prior to 
entering the receiving stream. Monitoring shall be conducted in 
accordance with accepted analytical procedures (Standard Methods, 16th 
Edition, 1985). The Permittee shall report the sample results on the 
Annual DMR. See attachment 3 for sampling and analysis protocol.
    f. Flow Monitoring. Effluent flow shall be measured at the 
discharge prior to entering the receiving water. Effluent flow shall be 
measured at least once per day, for continuous discharges, or once 
during each discharge event if discharges are intermittent. The flow 
shall be measured in gallons per minute (gpm). The flow measurements, 
the number of discharge events, and the duration of each discharge 
event shall be reported in the Annual DMR for each day of the mining 
season.
    2. Suction Dredges. a. Suction Dredge operations shall visually 
monitor for turbidity as described in Part II.C. once per day of 
operation. The Permittee shall maintain records of all information 
resulting from any visual inspections.
    b. The Permittee will report the period of suction dredging on the 
DMR. Visual violation occurrences will also be reported on the DMR 
along with the measures taken to comply with the provisions of Permit 
Part II.C.3.

III. Management Practices

 A. Mechanical Operations and Hydraulic Removal of Overburden
    1. The flow of surface waters (i.e., creek, river, or stream) into 
the plant site shall be interrupted and these waters diverted around 
and away to prevent incursion into the plant site.
    2. Berms, including any pond walls, dikes, low dams, and similar 
water retention structures shall be constructed in a manner such that 
they are reasonably expected to reject the passage of water.
    3. Measures shall be taken to assure that pollutant materials 
removed from the process water and wastewater streams will be retained 
in storage areas and not discharged or released to the waters of the 
United States.
    4. The amount of new water allowed to enter the plant site for use 
in material processing shall be limited to the minimum amount required 
as makeup water for processing operations.
    5. All water control devices such as diversion structures and berms 
and all solids retention structures such as berms, dikes, pond 
structures, and dams shall be maintained to continue their 
effectiveness and to protect from failure.
    6. The operator shall take whatever reasonable steps are 
appropriate to assure that, after the mining season, all mine areas, 
including ponds, are in a condition which will not cause additional 
degradation to the receiving waters over those resulting from natural 
causes.
B. Suction Dredges
    1. Dredging in waters of the United States is permitted only within 
the active stream channel.
    2. Wherever practicable, the dredge shall be set to discharge into 
a quiet pool, where settling of dredge spoils can occur more rapidly.
    3. Care shall be taken by the operator during refueling of the 
dredge to prevent spillage into public waters or to groundwater.
    4. Dredging is not permitted during the periods that fish eggs 
could be in the gravel at the dredge site and harassment of fish in the 
stream is prohibited. ``The Atlas to the Catalog of Waters Important 
for Spawning, Rearing or Migration of Anadromous Fish'' lists the 
streams in the State which require a Habitat permit from the Alaska 
Department of Fish and Game.
C. Other Requirements--Mechanical Operations and Hydraulic Removal of 
Overburden
    The operator shall maintain fuel handling and storage facilities in 
a manner which will prevent the discharge of fuel oil into the 
receiving waters or on the adjoining shoreline. A Spill Prevention 
Control and Countermeasure Plan (SPCC Plan) shall be prepared and 
updated as necessary in accordance with provisions of 40 CFR part 112 
for facilities storing 660 gallons in a single container above ground, 
1,320 gallons in the aggregate above ground, or 42,000 gallons below 
ground.
    The permittee shall indicate on the DMR if an SPCC Plan is 
necessary and in place at the site and if changes were made to the Plan 
over the previous year.
D. Storm Exemption
    The permittee may qualify for a storm exemption from the 
technology-based effluent limitations in Part II.A.1.b. of this NPDES 
general permit if the following conditions are met:
    1. The treatment system is designed, constructed and maintained to 
contain the maximum volume of untreated process wastewater which would 
be discharged, stored, contained and used or recycled by the 
beneficiation process into the treatment system during a 4-hour 
operating period without an increase in volume from precipitation or 
infiltration, plus the maximum volume of water runoff (drainage waters) 
resulting from a 5-year, 6-hour precipitation event. In computing the 
maximum volume of water which would result from a 5-year, 6-hour 
precipitation event, the operator must include the volume which should 
result from the plant site contributing runoff to the individual 
treatment facility.
    2. The operator takes all reasonable steps to maintain treatment of 
the wastewater and minimize the amount of overflow.
    3. The source is in compliance with the Best Management Practices 
in Part III.A. of this permit.
    4. The operator complies with the notification requirements of 
Parts IV.G. and H. of this permit.

IV. Monitoring and Reporting Requirements

A. Representative Sampling
    All samples for monitoring purposes shall be representative of the 
monitored activity, 40 CFR 122.41 (j). To determine compliance with 
permit effluent limitations, ``grab'' samples shall be taken as 
established under Part II.D. of this permit. Specifically, effluent 
samples for settleable solids, turbidity, and arsenic shall be 
collected from the settling pond or other treatment systems outlet 
prior to discharge to the receiving stream. Additionally, turbidity 
samples shall also be taken above the discharge point at a location 
that is representative of the receiving stream. Samples for arsenic and 
turbidity monitoring must be taken during sluicing at a time when the 
operation has reached equilibrium. For example, samples should be taken 
when sluice paydirt loading and effluent discharge are constant.
B. Reporting of Monitoring Results
    Monitoring results shall be summarized each month and reported on 
EPA Form 3320-1 (DMR). The DMR shall be submitted to the Environmental 
Protection Agency, Region 10, 1200 Sixth Avenue, Enforcement Section 
WD-135, Seattle, Washington 98101-3188, no later than November 30 each 
year.
    If there is no mining activity during the year or no wastewater 
discharge to a receiving stream, the permittee shall notify EPA of 
these facts no later than November 30 of each year.
    The DMR shall also be sent to the regional office of ADEC that has 
jurisdiction over the mine. The addresses can be found in permit part 
I.E.3.
C. 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.
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 
part 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 DMRs, and a copy of 
this NPDES permit must be maintained on-site during the duration of 
activity at the permitted location.
G. Notice of Noncompliance Reporting
    1. Any noncompliance which may endanger health or the environment 
shall be reported as soon as the permittee becomes aware of the 
circumstance. A written submission shall also be provided in the 
shortest reasonable period of time after the permittee becomes aware of 
the occurrence.
    2. The following occurrences of noncompliance shall also be 
reported in writing in the shortest reasonable period of time after the 
permittee becomes aware of the circumstances:
    a. Any unanticipated bypass which exceeds any effluent limitation 
in the permit (see Part V.G., Bypass of Treatment Facilities.); or
    b. Any upset which exceeds any effluent limitation in the permit 
(see Part V.H., Upset Conditions.).
    c. Any violation of the effluent limitations in Permit Parts II.A. 
and II.B.
    3. 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.
    4. The Director may waive the written report on a case-by-case 
basis if an oral report has been received within 24 hours by the Water 
Compliance Section in Seattle, Washington, by phone, (206) 553-1213.
    5. Reports shall be submitted to the addresses in Part IV.B., 
Reporting of Monitoring Results.
H. Other Noncompliance Reporting
    Instances of noncompliance not required to be reported in IV.G. 
above shall be reported at the time that monitoring reports for Part 
IV.B. are submitted. The reports shall contain the information listed 
in Part IV.G.3.
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.

V. 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. Administrative 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 an administrative 
penalty, not to exceed $10,000 per day for each violation.
    2. 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.
    3. 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.
    Except as provided in permit conditions in Part V.G., Bypass of 
Treatment Facilities and Part V.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 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.
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, or other pollutants removed in the course of 
treatment or control of wastewaters shall be disposed of in a manner so 
as to prevent any pollutant from such materials from entering waters of 
the United States.
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 III.G., Notice of 
Noncompliance Reporting.
    3. Prohibition of bypass.
    a. Bypass is prohibited and the Director or ADEC may take 
enforcement action against a permittee for a bypass, unless:
    (1) The bypass was unavoidable to prevent loss of life, personal 
injury, or severe property damage;
    (2) There were no feasible alternatives to the bypass, such as the 
use of auxiliary treatment facilities, retention of untreated wastes, 
or maintenance during normal periods of equipment downtime. This 
condition is not satisfied if adequate back-up equipment 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.
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. An administrative review of a claim that noncompliance 
was caused by an upset does not represent final administrative action 
for any specific event. A determination is not final until formal 
administrative action is taken for the specific violation(s).
    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 IV.G., Notice of Noncompliance Reporting; and
    d. The permittee complied with any remedial measures required under 
Part V.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.

VI. 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 g/l);
    b. Two hundred micrograms per liter (200 g/l) for acrolein 
and acrylonitrile; five hundred micrograms per liter (500 g/l) 
for 2,4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one 
milligram per liter (1 mg/l) 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 g/l);
    b. One milligram per liter (1 mg/l) 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 VI.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.
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.
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:
    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 VI.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 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. 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.
N. Paperwork Reduction Act
    EPA has reviewed the requirements imposed on regulated facilities 
in this draft general permit under the Paperwork Reduction Act of 1980, 
44 U.S.C. 3501 et seq. The information collection requirements of this 
permit have already been approved by the Office of Management and 
Budget in submission made for the NPDES permit program under the 
provisions of the CWA.

VII. Reopener Clause

    If effluent limitations or requirements are established or modified 
in an approved State Water Quality Management Plan or Waste Load 
Allocation and if they are more stringent that those listed in this 
permit or control a pollutant not listed in this permit, this permit 
may be reopened to include those more stringent limits or requirements.

VIII. Definitions

    A. ``Bypass'' means the intentional diversion of waste streams 
around any portion of a treatment facility.
    B.``Drainage Water'' means incidental surface waters from diverse 
sources such as rainfall, snow melt or permafrost melt.
    C. A ``Grab'' sample is a single sample or measurement taken at a 
specific time.
    D. ``Infiltration Water'' means that water which permeates through 
the earth into the plant site.
    E. ``Instantaneous Maximum'' means the maximum value measured at 
any time.
    F. ``Mine Drainage'' means any water, not associated with active 
sluice water, that is drained, pumped or siphoned from a mine.
    G. ``Monitoring Month'' means the period consisting of the calendar 
weeks which begin and end in a given calendar month.
    H. ``Natural Background'' means the level upstream from all mining 
and other man-made disturbances.
    I. ``NTU'' (Nephelometric Turbidity Unit) is an expression of the 
optical property that causes light to be scattered and absorbed rather 
than transmitted in a straight line through the water.
    J. ``Make-up Water'' means that volume of water needed to replace 
process water lost due to evaporation and seepage in order to maintain 
the quantity necessary for the operation of the beneficiation process.
    K. ``New Water'' means water from any discrete source such as a 
river, creek, lake or well which is deliberately allowed or brought 
into the plant site.
    L. ``Plant Site'' means the area occupied by the mine, necessary 
haulage ways from the mine to the beneficiation process, the 
beneficiation area, the area occupied by the wastewater treatment 
storage facilities and the storage areas for waste materials and solids 
removed from the wastewaters during treatment.
    M. ``Receiving Water'' means waters such as lakes, rivers, streams, 
creeks, or any other surface waters which receive wastewater 
discharges.
    N. ``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.
    O. ``Short circuiting'' means ineffective settling ponds due to 
inadequate or insufficient retention characteristics, excessive 
sediment deposition, embankment infiltration/percolation, lack of 
maintenance, etc.
    P. ``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.
    Q. ``Wastewater'' means all water used in and resulting from the 
beneficiation process (including but not limited to the water used to 
move the ore to and through the beneficiation process, the water used 
to aid in classification, and the water used in gravity separation), 
mine drainage, and infiltration and drainage waters which commingle 
with mine drainage or waters resulting from the beneficiation process.

IX. Special Conditions--Effluent Limits Below Detection Levels

A. Reporting Levels
    1. For purpose of reporting, the permittee shall use the reporting 
threshold equivalent to the minimum level (ML). The ML is defined as 
the concentration in a sample equivalent to the concentration of the 
lowest calibration standard analyzed in a specific analytical 
procedure, assuming that all the method-specified sample weights, 
volumes and processing steps have been followed. As such, the permittee 
must utilize a standards equivalent to the concentration of the ML for 
arsenic which is 4 g/L.
    2. For the purpose of reporting on the DMR, actual analytical 
results should be reported whenever possible. All analytical values at 
or above the ML shall be reported as the measured value. When the 
results cannot be quantified, values below the method detection limit 
(1 g/L) shall be reported as zero (0 g/L) and values 
above the method detection level and below the ML shall be reported as 
\1/2\ the ML or 2 g/L.
B. Reporting Details
    In the ``Comment'' section of the DMR, the permittee shall report 
the lowest calibration standard used and the ML achieved.

Attachment 1

Turbidity Sampling Protocol

    1. Grab samples shall be collected.
    2. Samples shall be collected in a sterile one liter 
polypropylene or glass container.
    3. Samples must be cooled to 4 degrees celsius (iced).
    4. Samples must be analyzed within 48 hours of sample 
collection.

Attachment 2

Arsenic Sampling Protocol

    1. Grab samples shall be collected.
    2. Samples shall be collected in a sterile one liter 
polypropylene or glass container.
    3. Samples must be cooled to 4 degrees celsius (iced).
    4. Samples must be sent to a laboratory for analysis as soon as 
possible.
    5. Samples must be acidified with nitric acid (HNO3), to a 
pH less than 2, upon receipt at the laboratory.
    6. Samples must be acidified for at least 16 hours prior to 
analysis.

Attachment 3

Settleable Solids Sampling Protocol

    1. Grab samples shall be collected.
    2. Samples shall be collected in a sterile one liter 
polypropylene or glass container.
    3. Samples must be cooled to 4 degrees celsius (iced).
    4. Samples must be analyzed within 48 hours of sample 
collection.

Settleable Solids Analysis Protocol

    1. Fill an Imhoff cone to the liter mark with a thoroughly mixed 
sample.
    2. Settle for 45 minutes, then gently stir the sides of the cone 
with a rod or by gently spinning the cone.
    3. Settle 15 minutes longer, then record the volume of 
settleable matter in the cone as milliliters per liter. Do not 
estimate any floating material. The lowest measurable level on the 
Imhoff cone is 0.1 ml/l. Any settleable material below the 0.1 ml/l 
mark shall be recorded as trace.

Appendix A--Notice of Intent (NOI) Information

Permittee Name
    Address & Phone Number (Summer)
    Address & Phone Number (Winter)
Operator Name (if different that Permittee)
    Address & Phone Number (Summer)
    Address & Phone Number (Winter)

Facility Name
Facility Location (Nearest Town)
Mining District
Latitude and Longitude
Township, Section, Range
Previous NPDES permit number
Receiving Water
Maximum Effluent Flow
Lowflow stream flow
Type of Operation (Traditional, Suction Dredge, Hydraulicking)
Amount of Material processed
Signature and Date (certified according to permit part VI.H.4.)
A drawing or sketch of the operation

[FR Doc. 94-1004 Filed 1-13-94; 8:45 am]
BILLING CODE 6560-50-P