[Federal Register Volume 64, Number 4 (Thursday, January 7, 1999)]
[Notices]
[Pages 1010-1022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-232]



[[Page 1010]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6216-1]


The Pribilof General NPDES Permit (General NPDES Permit No. AK-
G52-7000)

AGENCY: Environmental Protection Agency, Region 10.

ACTION: Notice of Final General NPDES Permit.

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SUMMARY: The Director, Office of Water, EPA Region 10, is issuing 
General National Pollutant Discharge Elimination System (NPDES) permit 
no. AK-G52-7000 for seafood processors discharging within three 
nautical miles (nmi) of the Pribilof Islands, Alaska, and the city of 
St. Paul, Pribilof Islands, Alaska, pursuant to the provisions of the 
Clean Water Act, 33 U.S.C. 1251 et seq. The Pribilof general NPDES 
permit authorizes discharges from seafood processing facilities 
discharging through stationary outfalls on St. Paul and St. George 
Islands, from the city of St. Paul's wastewater treatment system, and 
from mobile seafood processing vessels discharging within the three 
nautical miles of the Pribilof Islands.
    The seafood processing facilities and mobile vessels are engaged in 
the process of fresh and frozen seafoods, including crab, halibut, and 
sea snails. Discharges authorized by the final permit include seafood 
processing wastes, processing disinfectants for cleanup and sanitation, 
treated domestic wastewater, and other wastewaters, including cooling 
water, gray water (vessels only), freshwater pressure relief water, 
refrigeration condensate, water used to transfer seafood to a facility, 
and live tank water. The permit will authorize discharges to waters of 
the United States in and contiguous to the State of Alaska within three 
nautical miles of the Pribilof Islands.
    The permit does not authorize the discharge of processing wastes 
and wastewaters from the processing of fish mince or fillets or surimi 
or fish paste that is washed repeatedly in water then pressed to remove 
residual water, or from the processing of finfish wastes into fish or 
bone meal. The permit does not authorize discharges of petroleum 
hydrocarbons, toxic pollutants, or other pollutants not specified in 
the permit.
    The city of St. Paul collects domestic and sanitary wastes and 
wastewaters which are treated in a series of septic tanks before 
discharge into one of the stationary outfalls. The discharge from the 
city's treatment system commingles with seafood wastes when seafood 
processing is being done. The Alaska Department of Environmental 
Conservation (ADEC) has granted a waiver from secondary treatment 
standards to the city of St. Paul for the discharge of domestic 
wastewater. This waiver was originally contained in the State's 
wastewater permit previously issued to the city of St. Paul. In 
accordance with Alaska State Regulations 18 AAC 72.040(c), ADEC may 
reduce the level of treatment of domestic wastewater from secondary 
standards as defined in 18 AAC 72.990(64). The level of treatment may 
not be less than primary treatment as defined in 18 AAC 72.990(52). The 
city of St. Paul has a community septic tank that provides primary 
treatment of the domestic wastewaters. This reduced level of treatment 
will not impact the overall health of the Bering Sea as a water body 
and is in conformance with the States antidegradation policy.
    The Pribilof Islands contain several areas of special concern, 
including designated rookeries and critical habitat of the Steller sea 
lion which is an endangered species; lands owned and managed by the 
U.S. Fish and Wildlife Service (USFWS) for the protection of birds and 
bird-nesting areas, land owned and managed by the National Marine 
Fisheries Service (NMFS) for the protection of the northern fur seals, 
and portions of the Alaska Maritime National Wildlife Refuge, Bering 
Sea Unit. In order to protect these areas of special concern, the 
permit does not authorize discharges year-round within three nautical 
miles of Walrus Island, a Steller sea lion rookery; within one-half 
nautical mile of designated Steller sea lion haulouts areas year-round 
(Seal Lion Rock and Northeast Point on St. Paul and Dalnoi Point and 
South Rookery on St. George); within one-half nautical mile of 
rookeries and haulout areas of the northern fur seal during the period 
between May 1 through December 1; and within one-half nautical mile of 
seabird nesting areas during the period between May 1 and December 1; 
and within one-half nautical mile of the Alaska Maritime National 
Wildlife Refuge, Bering Sea Unit.
    The EPA has determined that, on the basis of available information, 
there will be no unreasonable degradation during the five year period 
the permit is in effect. Facilities authorized to discharge under this 
final permit will participate in the data collection and monitoring 
program and will be required to comply with all conditions of the 
permit. Permittees will initiate and implement a best management 
practices and pollution prevention plan, conduct integrity inspections 
of the stationary outfalls, perform shoreline and receiving water 
observations for floating solids, and initiate a biological monitoring 
program to determine if the seabirds and marine mammals interact with 
the discharge plumes or are attracted to wastes washed up on the 
shoreline (if any).
    Notice of the draft Pribilof seafood processors general NPDES 
permit was published October 2, 1998, in the Federal Register (63 FR 
53055) and the Anchorage Daily News.
    The final permit is printed below and establishes effluent 
limitations, standards, prohibitions, monitoring requirements and other 
conditions on discharges from seafood processors and the city of St. 
Paul's domestic wastewater treatment system. The conditions are based 
on material contained in the administrative record, including an ocean 
discharge criteria evaluation, an environmental assessment, a finding 
of no significant impact, and a biological evaluation of potential 
effects on threatened and endangered species. Changes made in response 
to public comments are addressed in full in a document entitled 
``Responses to Public Comments on the Proposed Issuance of the Pribilof 
General NPDES Permit.'' This document is being sent to all commenters, 
current permittees, and applicants and is available to other parties 
from the address below upon request.

ADDRESSES: Unless otherwise noted in the permit, correspondence 
regarding this permit should be sent to Environmental Protection 
Agency, Region 10, NPDES Compliance Unit OW-133, 1200 Sixth Avenue, 
Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Florence Carroll of EPA Region 10 at 
the address listed above or telephone (206) 553-1760. Copies of the 
final Pribilof General NPDES Permit and Response to Comments will be 
provided upon request to Florence Carroll.

SUPPLEMENTARY INFORMATION: The EPA issues this Pribilof general NPDES 
permit pursuant to its authority under sections 301(b), 304, 306, 307, 
308, 401, 403 and 501 of the Clean Water Act. The fact sheet for the 
draft permit, the response to comments document, the ocean discharge 
criteria evaluation, the biological evaluation, the environmental 
assess, the 401 certification issued by the State of Alaska, and the 
coastal zone management plan consistency determination issued by the 
State of Alaska set forth the principal facts and the significant 
factual, legal, and policy questions considered in the development of 
the terms and

[[Page 1011]]

conditions of the final permit presented below.
    The State of Alaska, Department of Environmental Conservation, has 
issues a Certificate of Reasonable Assurance that the subject 
discharges comply with the Alaska State Water Quality Standards.
    The State of Alaska, Office of Management and Budget, Division of 
Governmental Coordination, has certified that the Pribilof general 
NPDES permit is consistent with the approved Alaska Coastal Management 
Program.
    Changes have been made from draft permit to the final permit in 
response to public comments received on the draft permit and the final 
coastal management plan consistency determination from the State of 
Alaska.
    The following identifies several specific areas of change, among 
others, which have been embodied in the final permit: references to 
accumulations of seafood wastes at the end of the outfalls have been 
clarified by using absolute language rather than subject and ambiguous 
words such as appreciable; monitoring for conventional pollutants has 
been changed to require at least two samples and a maximum of four 
samples at two week intervals during the winter crab processing season; 
all permittees authorized under the Permit must participate in the 
discharge monitoring program; and mobile vessels are not allowed to 
discharge any wastewaters nor refuel if transit in the exclusion zone 
is necessary due to conditions that threaten the safety of the vessel.
    APPEAL OF PERMIT: Within 120 days following this service of notice 
of EPA's final permit decision under 40 CFR 124.15, any interested 
person may appeal the Pribilof general NPDES in the Federal Court of 
Appeals in accordance with section 509(b)(1) of the Clean Water Act. 
Persons affected by a general NPDES permit may not challenge the 
conditions of the permit as a right of further EPA proceedings. 
Instead, they may either challenge this permit in court or apply for an 
individual NPDES permit and then request a formal hearing on the 
issuance or denial of an individual permit.

    Dated: December 23, 1998.
Roger Mochnik,
Assistant Director, Office of Water, Region 10, Environmental 
Protection Agency.

Authorization to Discharge Under the National Pollutant Discharge 
Elimination System for Seafood Processors and the City of St Paul

[Pribilof General Permit No. AK-52-7000]
    In compliance with the provisions of the Clean Water Act, 33 U.S.C. 
Sec. 1251 et seq., (hereafter, CWA or the Act), the owners and 
operators of seafood processing facilities and vessels are authorized 
to discharge seafood processing wastes and other designated wastewaters 
and the City of St. Paul is authorized to discharge treated domestic 
wastewater within three nautical miles of St. Paul and St. George 
Islands to receiving waters of the United States named the Bering Sea, 
in accordance with effluent limitations, monitoring requirements, and 
other conditions set forth herein.
    Upon the effective date of this Permit, it is the controlling 
document for regulation of seafood processing wastes and other 
designated wastewaters and of treated domestic wastewater from the city 
of St. Paul discharged to the Bering Sea, within three nautical miles 
of the Pribilof Islands, Alaska.
    A copy of this Pribilof General Permit must be kept at the facility 
or on-board the vessel where discharges occur.
    Each permittee authorized to discharge under this Permit must 
submit a new Notice of Intent 60 days prior to the expiration date of 
the Permit.
    This Permit becomes effective February 8, 1999.
    This Permit and the authorization to discharge shall expire at 
midnight on unless administratively extended according to 40 CFR 122.6 
February 8, 2004.

    Signed this 23rd day of December, 1998.
Roger Mochnik,
Acting Director, Office of Water, Region 10, Environmental Protection 
Agency.

Table of Contents

Cover Page
1  Authorized Facilities, Authorized Discharges, and Unauthorized 
Discharges
    1.1  Authorized Facilities
1.2  Authorized Discharges
    1.3  Nonauthorized Discharges
2  Excluded Areas
    2.1  Marine Mammals
    2.2  Seabirds
3  Application to be Covered Under This General NPDES Permit
    3.1  Submittal of a Notice of Intent
    3.2  Information to be Submitted in the Notice of Intent
4  Effluent Requirements
    4.1  Seafood Wastes and Wastewater Limitations
    4.2  Domestic Wastewater
    4.3  Other Seafood Processing Wastewaters
    4.4  State Water Quality Standards
    4.5  Vessel Wastes
    4.6  Discharge Pipe Location and Condition
5  Monitoring
    5.1  Outfalls
    5.2  Seafloor Monitoring
    5.3  Sea Surface and Shoreline Monitoring
    5.4  Discharge Effluent Monitoring
    5.5  Biological Monitoring
6  Special Conditions and Requirements
    6.1  Discharges from Mobile Vessels
    6.2  Discharges from Stationary Outfalls
    6.3  Ocean Disposal
    6.4  Pollution Prevention and Best Management Practices for 
Seafood Processors
7  Monthly Reporting Requirements for Seafood Processing Facilities 
and Vessels
    7.1  Schedule
    7.2  No Processing
    7.3  Facility Reporting
    7.4  Signatory Requirement
    7.5  Submittal
    7.6  Paperwork Reduction Act
8  Requirements for the City of St. Paul Wastewater Treatment System
    8.1  Discharge Limitations
    8.2  Septic Tank System
    8.3  Effluent Monitoring
    8.4  Waiver from Secondary Treatment
    8.5  City of St. Paul Pollution Prevention Program
9  General Monitoring and Records Requirements
    9.1  General Monitoring
    9.2  Records Requirements
10  Non-Compliance Reporting Requirements
    10.1  Twenty-four Hour Notice of Noncompliance
    10.2  Written Notice
    10.3  Other Noncompliance Reporting
    10.4  Planned Changes
    10.5  Notice of New Introduction of Pollutants
    10.6  Anticipated Noncompliance
11  General Compliance Responsibilities
    11.1  Duty to comply
    11.2  Penalties for violations of permit conditions
    11.3  Need to Halt or Reduce Activity Not a Defense
    11.4  Duty to Mitigate
    11.5  Proper Operation and Maintenance
    11.6  Bypass of treatment facilities
    11.7  Upset conditions
    11.8  Toxic Pollutants
12  General Provisions
    12.1  Permit Actions
    12.2  Duty to Reapply
    12.3  Duty to Provide Information
    12.4  Other Information
    12.5  Signatory Requirements
    12.6  Availability of Reports
    12.7  Inspection and Entry
    12.8  Oil and Hazardous Substance Liability

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    12.9  Property Rights
    12.10  Severability
    12.11  Transfers
    12.12  State Laws
13  Definitions and Acronyms

1  Authorized Facilities, Authorized Discharges, and Unauthorized 
Discharges

1.1  Authorized Facilities

    Upon receipt and approval of a complete and timely Notice of Intent 
(NOI) to be Covered, the following facilities are authorized to 
discharge under this Permit:
    1.1.1  Shorebased. Owners and operators of seafood processing 
facilities discharging through stationary outfalls on St. Paul and on 
St. George, provided dischargers comply with all requirements and 
applicable conditions of this Permit.
    1.1.2  Vessels. Owners and operators of mobile seafood processing 
vessels discharging within three nautical miles of St. Paul and St. 
George Islands, provided the dischargers comply with all requirements 
and applicable conditions of this Permit.
    1.1.3  City of St. Paul. The city's treated domestic wastewater 
discharging through a stationary outfall at East Landing, provided the 
city complies with all requirements and applicable conditions of this 
Permit.

1.2  Authorized Discharges

    This Permit authorizes the discharge of the following pollutants 
subject to the limitations and conditions set forth herein.
    1.2.1  Seafood Processing Wastes. Seafood processing wastes, 
including the waste fluids, organs, flesh, bones, and chitinous shells 
produced by the conversion of aquatic animals from a raw form to a 
marketable form, are required to be ground to no larger than 0.5 inches 
in any dimension prior to discharge.
    (a) Seafood wastes from the processing of crab (all species), sea 
snails, and halibut will be authorized year-round based on the amount 
projected in an NOI.
    (b) Seafood wastes from the processing of finfish, such as salmon, 
may be authorized based on when the processing is to be done, what 
amount of waste is to be generated, and where the discharge will be, 
provided that the finished product is not fillets or mince or surimi 
and/or fish paste.
    1.2.2  Process Disinfectants. Disinfectants added to wash down 
water and scrubber water to facilitate the removal of wastes and to 
maintain sanitary standards during processing or to sanitize seafood 
processing areas.
    1.2.3  Treated Domestic Wastewater. Domestic wastewater (consisting 
of human body wastes from toilets and urinals) and gray water 
(consisting of shower, bath, laundry, galley wastewater) treated by the 
St. Paul municipal septic system and the bunkhouse/galley package 
treatment plant on St. George. Discharges from certified and operable 
Type I and Type II Marine Sanitation Devices.
    1.2.4  Non-process Wastewater. Non-process wastewaters, including 
non-contact cooling water, freshwater pressure relief water, 
refrigeration condensate, water used to transfer seafood to the 
facility, live tank water, and gray water (wastewater discharged from 
showers, sinks, safety showers, eyewash stations, hand-wash stations, 
galleys, laundries).

1.3  Non-authorized Discharges

    1.3.1  Finfish Processing Wastes. Discharge of wastes and 
wastewaters from the production of surimi and/or fish paste products 
that are washed repeatedly in water then pressed to remove residual 
waste; from the processing of fillets and/or mince from pollock, cod, 
or any type of finfish; or the processing of seafood wastes into fish 
or bone meal are not authorized under this Permit.
    1.3.2  Marine Sanitation Devices. Discharges from malfunctioning or 
undersized marine sanitation devices (MSDs) are not authorized under 
this Permit. No discharge of raw sewage is allowed within U.S. 
territorial waters (within the three mile limit).
    1.3.3  Other. Wastes and pollutants not specifically set out above.

2  Excluded Areas

    This Permit does not authorize the discharge of pollutants to areas 
of concern (i.e., rookeries, haulout areas, nesting areas, and 
designated critical habitat) for marine mammals, seabirds, and refuges 
in the following circumstances and areas:

2.1  Marine Mammals

    2.1.1  Steller Sea Lion Rookery. Within three nautical miles of 
Walrus Island year-round, a designated rookery and critical habitat of 
the Steller sea lion.
    2.1.2  Steller Sea Lion Haulouts. Within one-half nautical mile of 
designated Steller sea lion haulout areas year-round (Sea Lion Rock and 
Northeast Point on St. Paul and Dalnoi Point and South Rookery on St. 
George).
    2.1.3 Northern Fur Seal Rookeries and Haulouts. Within one-half 
nautical mile of land owned and/or managed by the National Marine 
Fisheries Service (NMFS) for the protection of northern fur seal 
rookeries and haulout areas during the period May 1 through December 1.

2.2 Seabirds

    2.2.1  Seabirds. Within one-half nautical mile of land owned and/or 
managed by the U.S. Fish and Wildlife Service (USFWS) for the 
protection of seabirds and seabird nesting areas during the period May 
1 through September 30.
    2.2.2  National Wildlife Refuge. Within one-half nautical mile of 
the Alaska Maritime National Wildlife Refuge, Bering Sea Unit.

3  Application To Be Covered Under This General NPDES Permit

    In order to be authorized under this Permit to discharge any of the 
pollutants listed in section 1.2 to waters within three nmi of the 
Pribilof Islands, all operators and owners must apply for coverage. 
This Permit does not authorize any discharges from facilities that have 
not applied for nor received authorization to discharge within three 
nmi of the Pribilof Islands.

3.1 Submittal of a Notice of Intent

    An applicant wishing authorization to discharge under this Permit 
shall submit a timely and complete Notice of Intent (NOI) to EPA and 
ADEC in accordance with the requirements listed below. A qualified 
applicant will be authorized to discharge under this Permit upon 
written notification from EPA and the returned receipt of the signed 
U.S. Postal Service Certified Mail card. EPA's written notification 
will include assignment of an NPDES permit number designating coverage 
under the Pribilof General Permit.
    In compliance with the Paperwork Reduction Act, 44 U.S.C. 1501 et 
seq., the Office of Management and Budget has approved the information 
required in a Notice of Intent to be equivalent to an NPDES permit 
application (OMB 2040-008).
    3.1.1  Timely NOI. In order to be covered under this Permit, all 
applicants (including permittees authorized under the previous permit) 
must submit an NOI no later than 30 days after the issuance date of 
this Permit or 60 days prior to the start-up of processing operations 
within three nmi of the Pribilof Islands.
    3.1.2  NOI Update. A permittee authorized to discharge under this 
Permit shall submit to EPA and ADEC an updated NOI when there is any 
material change in the information submitted in the original NOI 
including a proposed increase in the amount of

[[Page 1013]]

production, additional species of seafood to be processed, and 
additional types of finished product. Dischargers of treated domestic 
wastewater must submit an updated NOI if there is any change in the 
loading or addition of pollutants discharged. Any changes to the 
original NOI requires a 60 day prior notice period to EPA and ADEC. 
After consultation with ADEC, EPA will notify the applicant of approval 
or disapproval.
    3.1.4  Individual Permit Requirement. EPA may require any 
discharger applying for coverage under this general NPDES permit to 
apply for and obtain an individual NPDES permit in accordance with the 
40 CFR 122.28(b)(3).
    3.1.5  Expiration of the Permit. Each permittee authorized to 
discharge under this Permit must submit a new Notice of Intent 60 days 
prior to the expiration date of this Permit.
    3.1.6  Submittal. An applicant shall submit the NOI to:
    U.S. Environmental Protection Agency Region 10,
    NPDES Compliance Unit OW-133, 1200 Sixth Avenue,
    Seattle, Washington 98101
      and
Alaska Department of Environmental Conservation,
    Attn: Watershed Management Section, 555 Cordova Street,
    Anchorage, Alaska 99501

3.2  Information to be Submitted in the Notice of Intent

    3.2.1  Previous NPDES Number. The NOI shall include any previous 
NPDES number(s) and/or state wastewater permit number(s) assigned to 
the facility or vessel and the ADEC seafood processor license number.
    3.2.2  Owner Information. The NOI shall include the name and the 
complete address and telephone number of the owner of the facility or 
vessel and the name of the duly authorized representative. If a FAX 
machine is available at this address, it is useful to provide a FAX 
number.
    3.2.3  Managing Company. The NOI shall include the name and the 
complete address and telephone number of the managing company of the 
facility or vessel and the name of the duly authorized representative. 
If a FAX machine is available at this address, it is useful to provide 
a FAX number.
    3.2.4  Facility or Vessel Information. The NOI shall include the 
name, address, and telephone number of the facility or vessel. If a FAX 
machine is available at this address, it is useful to provide a FAX 
number.
    (a) For a shorebased facility, the NOI shall include a description 
of the physical location of the facility, the location of the outfall 
terminus using the Global Positioning System (GPS) (latitude/
longitude), depth of the outfall, the length of the outfall from 
shoreline to terminus, and type of grinder; also date of the most 
recent structural integrity inspection of the outfall and the date of 
the most recent inspection of grinding size.
    (b) For a mobile processing vessel, the NOI shall include the U.S. 
Coast Guard (USCG) vessel number, vessel length, depth of outfall, and 
date of most recent pre-operational check.
    (c) For seafood processors, the NOI shall include and estimate of 
the number of seasonal and annual employees of the facility or on the 
vessel.
    (d) For the City of St. Paul and all other domestic wastewater 
dischargers, the NOI shall include a description of the treatment 
provided, the amount of people contributing to the system, and the 
design flow. For MSDs, the NOI shall include when the system was 
installed, type of system and its capacity in gallons per day, the 
results of the testing for fecal coliform bacteria and total suspended 
solids, and when most recent certification was granted.
    3.2.5.  Projected Production for Seafood Processing. The NOI shall 
include projected production data based upon historical operations and 
design capacity on a daily and annual basis. Production data includes 
the quantity of the raw product(s) by species and the maximum quantity 
of each raw product which can be processed in a 24-hour day. The NOI 
shall also include the projected number of operating days per month for 
the facility or vessel under this Permit.
    3.2.6  Discharge Information. The NOI shall include the following 
information concerning domestic wastewater and MSD discharges from the 
facility or vessel.
    (a) When the USCG approved MSD was installed, type, capacity (gals/
day), number of people on vessel, date of CG certification, and the 
results of total suspended solids and fecal coliform testing when 
certified; and whether connected to a municipal system or some other 
means of treatment of domestic wastewater.
    (b) What types and amounts of process disinfectants, cooling water, 
boiler water, cooking water, refrigeration condensate, transfer water, 
gray water, live tank water, and freshwater pressure relief water.
    3.2.7  Signatory Requirement. All NOIs shall be signed by a 
principal corporate officer or duly appointed representative in 
accordance with section 12.5.

4  Effluent Requirements

    4.1  Seafood Wastes and Wastewater Limitations 4.1.1 Amount of 
Seafood Waste Discharged. The volume in pounds of seafood processing 
wastes discharged on a daily or annual basis shall not exceed the 
amount projected in the Notice of Intent to be Covered under this 
Permit.
    4.1.2  Treatment and Limitation of Seafood Wastes. All seafood 
process wastes shall be routed through a waste-handling system which 
prevents the discharge of waste solids no larger than 0.5 inch in any 
dimension.
    (a) Incidental discharges from scuppers or floor drains must be 
routed through the waste-handling system or screened to no larger than 
0.5 inch in any dimension.
    (b) Each permittee shall conduct a daily visual inspection of the 
waste-handling system, including a close observation of the sump or 
other place of observation for, and removal of, gloves, earplugs, 
rubber bands, or other equipment used in processing seafood that may 
inadvertently be discharged through the outfall. Discharge of such 
items is prohibited. Logs of this daily inspection are to be kept at 
the facility or on-board the vessel. Summaries of any equipment found 
and removed shall be submitted with the monthly report.
    (c) Each permittee shall conduct an inspection of the waste-
handling system every two weeks during the processing season to confirm 
that the grinder(s) are grinding the seafood wastes to no larger than 
0.5 inch in any dimension. Each permittee shall report the date of the 
most recent inspection on the monthly report.
    (d) There shall be no discharge of oil and grease that causes a 
film, sheen, or discoloration on the surface of the water or adjoining 
shorelines.
    (e) No wastes shall accumulate on the shoreline nor float on the 
receiving water surface.

4.2  Domestic Wastewater

    All domestic wastewater shall be routed through a domestic 
wastewater treatment system.
    4.2.1  Shorebased septic system or other wastewater treatment 
system. The treatment system must be designed and capable of properly 
treating and handling the type and volume of domestic wastewater 
generated.
    4.2.2  Marine Sanitation Devices. On-board a USCG-licensed vessel 
all sewage wastes must be routed through a MSD system that meets the 
applicable Coast Guard pollution control standards then

[[Page 1014]]

in effect (33 CFR part 159: ``Marine sanitation devices'') and 
discharged in accordance with Coast Guard regulations. Malfunctioning 
or undersized systems are prohibited.

4.3  Other Seafood Processing Wastewaters

    There shall be no discharge of any other wastewaters that contain 
foam, floating solids, grease, or oily wastes which causes a film, 
sheen, or discoloration on the water surface, and no discharge of 
seafood wastes that are deposited on the shoreline or accumulate on the 
seafloor. Wastewaters that have not had contact with seafood processing 
wastes are not required to be discharged through the seafood processing 
waste-handling system. However, all discharges of transfer water, 
refrigerated sea water, and live tank water shall be discharged below 
the surface of any receiving waters.

4.4  State Water Quality Standards

    All discharges shall be in compliance with Alaska Water Quality 
Standards (18 ACC part 70).

4.5  Vessel Wastes

    Vessels must comply with the requirements outlined in 33 CFR part 
151 (``Vessels carrying oil, noxious liquid substances, garbage, 
municipal or commercial wastes, and ballast water'').

4.6  Discharge Pipe Location and Condition

    4.6.1  Stationary Outfalls. Facilities or vessels shall discharge 
seafood processing wastes through stationary outfalls that are at least 
fifteen feet below the sea surface at MLLW. The stationary outfalls on 
St. Paul and St. George shall be inspected for structural integrity, to 
verify the location relative to original placement, and to verify that 
there is no accumulation of any seafood processing wastes at the end of 
the outfall(s). This inspection shall be conducted in years two and 
four of the Permit within 60 days of the close of the winter crab 
processing season.
    Each permittee shall submit a letter certifying the absence or 
presence of any seafood processing wastes at the end of the outfalls 
within 30 days of the inspection in years two and four of the Permit. 
The letter shall meet the signatory requirements in accordance with 
section 12.5.
    4.6.2  Mobile Vessels. Mobile vessels shall discharge seafood 
processing wastes at least three feet below the sea surface at MLLW 
(except for mobile vessels that have through-the-hull discharge 
points). Permittees shall perform a pre-operational check of the 
outfall lines at the beginning of each processing season to ensure that 
it is not broken and extends to at least three feet below the sea 
surface; the date of the check shall be reported on the appropriate 
monthly report.
    4.6.3  Outfall Problems. There shall be no discharge if the outfall 
line is severed, fails, leaks, or is displaced from designed 
specifications or location.

5  Monitoring

5.1  Outfalls

    5.1.1 Stationary Outfalls. Shorebased facilities on St. Paul and 
St. George will be required to conduct an inspection of the condition 
and integrity of the outfall lines during the second and fourth years 
of the Permit. While making these inspections, the divers will make 
note of any seafood processing waste accumulations observed on the 
seafloor during the inspection. Permittees must report any 
accumulations to EPA and ADEC (see at section 4.6.1) who may require a 
more extensive seafloor survey as outlined at section 5.2.
    5.1.2  Vessels. Mobile vessels will not be required to conduct a 
seafloor survey unless violations of this Permit occur or new 
information leads EPA and ADEC to determine that seafloor surveys (as 
outlined at section 5.2) are necessary.

5.2  Seafloor Monitoring

    5.2.1  Purpose. The seafloor monitoring program is to determine 
compliance with the Alaska water quality standards for settleable 
residues in marine waters. Alaska Administrative Code (AAC) Part 
18.70.020 states that ``(settleable residues) shall not * * * cause a 
sludge, solids, or emulsion to be deposited * * * on the bottom.''
    5.2.2  Objective. The seafloor monitoring program shall determine 
the areal extent (in square feet) of any continuous deposit of sludge, 
solids, or emulsion from seafood processing wastes on the seafloor 
bottom (see at section 4.6.1 for requirements concerning the outfall 
survey).
    5.2.3  Applicability. If any accumulations of seafood wastes are 
found at the end of the outfalls either on St. Paul or St. George, the 
seafood processing permittees discharging through that particular 
stationary outfall shall participate in a seafloor survey.
    5.2.4  Method. If a seafloor survey is required by EPA and/or ADEC, 
the survey shall include the following elements:
    (a) Areal extent in square feet of any accumulation of seafood 
wastes;
    (b) Description of the size of particles making up the waste pile, 
the percentage of particles exceeding 0.5 inch in any dimension, and 
kind of wastes;
    (c) Description of the methodology used by the surveyor including 
transects and location devices;
    (d) Description of marine fauna and flora near the survey area;
    (e) Dates, time, tidal movements, weather conditions, name and 
signature of surveyor, name of company, the name of the mobile vessel, 
if applicable, and NPDES permit number(s); and
    (f) Video and/or other photographic documentation of any findings.
    5.2.5  Schedule. A seafloor survey as described above will only be 
required if during surveys of the structural integrity of the 
stationary outfalls, there is evidence of any accumulation of seafood 
wastes. The seafood processors discharging through the stationary 
outfalls will be required to conduct the survey as soon as possible 
with consideration for local weather and sea conditions.
    5.2.6  Submittal. Results of the seafloor survey shall be submitted 
to EPA and ADEC within 45 days following the completion of the survey. 
The report shall be signed by the diver and the appropriate company 
representative. The report shall be submitted to the addresses at 
section 3.1.6.

5.3  Sea Surface and Shoreline Monitoring

    5.3.1  Purpose. The sea surface and shoreline monitoring program is 
to determine compliance with the Alaska water quality standards for 
floating residues in marine waters. Alaska Administrative Code Part 
18--70.020 states that ``(floating solids, debris, foam and scum) shall 
not * * * cause a film, sheen, or discoloration on the surface of the 
water * * * or cause a sludge, solid or emulsion to be deposited * * * 
upon adjoining shorelines.
    5.3.2  Objective. The sea surface and shoreline monitoring program 
is to provide daily assessment during periods of operation and 
discharge: For the sea surface monitoring an estimate of the areal 
extent of continuous films, sheens, or mats of foam; for the shoreline 
an estimate of the areal extent of deposits of seafood waste solids on 
the adjacent shore.
    5.3.3  Applicability. All seafood processing permittees covered 
under this Permit shall participate in a sea surface and shoreline 
monitoring program during all periods of operation and discharge.
    (a) Shorebased facilities shall include the harbor areas that are 
adjacent to their facilities as well as observations of

[[Page 1015]]

the shorelines nearest to outfall locations.
    (b) Mobile vessels shall conduct sea surface monitoring around and 
adjacent to their individual vessels.
    (c) Shorebased facilities and mobile vessels may participate in a 
joint survey of appropriate shoreline areas adjacent to where mobile 
vessels are anchored.
    5.3.4  Method. This monitoring program shall include a description 
of the observation method and equipment used, the name of the surveyor, 
and where the observations were done. The observation shall include the 
date and time, an estimate of the area of scum, sheen, film, or foam on 
the sea surface, and/or the area of sludge, solids, emulsion, or scum 
deposited on the shoreline. Also any observation of marine mammals and/
or seabirds, if any, interacting with the seafood wastes shall be 
reported. Photographs, video, or other visual documentation are 
required.
    5.3.5  Submittal. The presence of wastes on the shoreline shall be 
reported by telephone as required at section 10. A written report shall 
be submitted to EPA and ADEC with the monthly report to the addresses 
at section 3.1.6.
    5.3.6  Waiver. Individual monitoring days may be waived upon 
notification by FAX to EPA and ADEC (see at section 6.1.3) when 
conditions (e.g., weather or sea conditions) which make this monitoring 
hazardous to human health and safety.

5.4  Discharge Monitoring

    5.4.1  Purpose. The discharge monitoring program is to assess the 
impact of the discharges from seafood waste and wastewater and treated 
domestic wastewater on the receiving water quality, sediment, benthic, 
and biological environment.
    5.4.2  Objective. The discharge monitoring program is to provide 
assessment and characterization of the discharges from shorebased 
facilities, including domestic wastewater treatment facilities, and 
from mobile vessels.
    5.4.3  Applicability. All permittees authorized to discharge under 
this Permit shall participate in the discharge monitoring program.
    The discharge monitoring program for permittees covered under this 
Permit may be satisfied by arranging to participate in a joint effort 
with other permittees.
    5.4.4  Methods. The discharge monitoring program shall include the 
following requirements:
    (a) Effluent samples shall be taken after grinding of the seafood 
processing wastes and before any commingling with any other waste 
stream.
    (b) Treated domestic wastewater discharges from the City of St. 
Paul, the bunkhouse/galley at St. George, or any other treated domestic 
wastewater discharge shall be sampled prior to any commingling with 
other waste streams.
    (c) All permittees shall submit a Quality Assurance Plan (QAP) for 
effluent sampling to EPA for approval. This approval will be in effect 
for the period of the Permit unless there is a change in the monitoring 
program. Permittees required to participate in the 2001 sediment 
chemistry study on St. Paul shall submit a QAP.
    (d) Sampling and analysis of all parameters shall be in accordance 
with the requirements at section 9.1. Samples to be taken shall be grab 
samples. Flow measurements may be estimated provided the permittee 
explains the basis for the estimated amounts. EPA Method 1664 for oil 
and grease has been approved as an alternative test procedure for 
Region 10.
    5.4.5  Monitoring Parameters. The following parameters are to be 
sampled for effluent, water quality, sediment chemistry, and benthic 
community monitoring.
    (a) Shorebased facilities and mobile vessels shall conduct sampling 
of the effluent for the following:

Conventional pollutants:
  Biochemical Oxygen Demand (five      pH.
   day).
  Chemical Oxygen Demand.............  Oil and Grease.
  Total Suspended Solids.............  Total residual chlorine.
  Total Phosphorous..................  Flow.
  Ammonia-N..........................  Total Organic Carbon.
  Temperature
Other pollutants:
  Metals, including Mercury
  Volatile Organic Compounds
 

    (b) The city of St. Paul, the bunkhouse/galley on St. George, or 
any other domestic wastewater discharge (other than MSDs), shall 
conduct sampling of the effluent for the following:

Conventional pollutants:
  Biochemical Oxygen Demand (five      Fecal Coliform Bacteria.
   day).
  Total Suspended Solids.............  pH.
  Oil and Grease.....................  Flow.
  Total Phosphorous..................  Ammonia-N.
  Chemical Oxygen Demand.............  Total Organic Carbon.
  Temperature
Other pollutants:
  Metals, including Mercury
  Volatile Organic Compounds
 

    If there is a significant change in the effluent from any tested 
source that causes concern and/or there are any accumulations on the 
seafloor, EPA and ADEC may determine that additional sampling and 
testing is necessary to protect the marine environment. The additional 
sampling may include a seafloor survey (see at section 5.2), water 
quality, sediment chemistry, and/or benthic community monitoring as 
follows:

(c) Water quality sampling:
  Dissolved Oxygen...................  Salinity.
  Oil and Grease.....................  Temperature.
  Total Phosphorus...................  Ammonia.
  Nitrate/Nitrite....................  Total Organic Carbon.
  Biochemical Oxygen Demand (five-     Total Suspended Solids.
   day).
  Settleable Solids..................  Total Kjeldahl Nitrogen.
  Ortho-phosphate....................  pH.
 

    (d) Sediment chemistry sampling for conventional pollutants and 
chemicals of concern

  Particle Size......................  Chemical Oxygen Demand.
  Total Organic Carbon...............  Total Nitrogen.
  Total Solids.......................  Total Volatile Solids.
  Petroleum Oil Hydrocarbons.........  Total Sulfides.
  Biochemical Oxygen Demand (five-     E. Coli.
   day).
  Fecal Coliform Bacteria............  Selected Metals (cadmium, copper,
                                        zinc, silver).
(e) Benthic community sampling
  Number of Individuals..............  Number of Species.
  Dominance..........................  Infaunal index.
  Abundances of Pollution-sensitive
   Species
  Abundance of Opportunistic and
   Pollution-tolerate species
 

    5.4.6  Location. The locations for discharge monitoring sampling 
shall be as follows:
    (a) Water quality samples shall be taken at St. Paul at (1) four 
fixed monitoring stations in the vicinity of the stationary outfalls, 
two approximately 100 meters from point of discharge following the 
plume (to the south-southwest), one approximately 300 meters from the 
point of discharge, one approximately 500 meters from the point of 
discharge; (2) two fixed monitoring stations approximately 0.5

[[Page 1016]]

mile off-shore on the south side area of St. Paul, one near English Bay 
and one near Zolotoi Bay/Village Cove); and (3) three fixed monitoring 
stations approximately 0.5 miles off-shore on the East Side/East 
Landing area of St. Paul, one near Sea Lion Rock, one adjacent to 
Lukanin Point, and one adjacent to Stony Point (control site).
    (b) Water quality samples shall be taken at St. George at four 
fixed monitoring stations in the vicinity of the stationary outfall, 
two approximately 100 meters from point of discharge following the 
plume (to the north-northwest), one approximately 300 meters from point 
of discharge and one approximately 500 meters from point of discharge; 
a control site station shall be approximately 500 meters to the south 
of the discharge point.
    (c) Sediment chemistry samples shall be taken in conjunction with 
the seafloor survey along the transects determined by where mobile 
vessels operated during the previous processing seasons. Stationary 
outfall locations shall follow the same protocols as the summer 1997 
monitoring study.
    (d) Benthic community samples shall be also taken in conjunction 
with the seafloor survey transects for both vessels and stationary 
outfalls.
    (e) Sediment chemistry samples for the summer of 2001 study shall 
be taken from the area immediately adjacent to the St. Paul stationary 
outfalls and at one control site.
    5.4.7  Schedule. During the effective period of the Permit all 
permittees authorized to discharge seafood processing wastes and/or 
treated domestic wastewater through the stationary outfalls on St. Paul 
or St. George and from mobile vessels shall be required to participate 
in the discharge monitoring program according to the following 
schedule:
    (a) Shorebased processing facilities shall sample conventional 
pollutants (see at section 5.4.5(a)) no more than four times but not 
less than two times during each winter crab processing season with the 
first sampling to be done two weeks after the beginning of the 
processing season and continuing at two week intervals until the end of 
the processing season. One of the samples may be taken during a cleanup 
period.
    Shorebased processing facilities operating during the spring, 
summer, or fall shall sample conventional pollutants during the third 
year (2001) of the Permit in each waste stream discharge from the 
processing of different species, i.e., halibut, sea snails, and any 
other type of seafood.
    Metals, including Mercury, and Volatile Organic Compounds shall be 
sampled one time during the winter crab season in the third year (2001) 
of the Permit.
    (b) Mobile processing vessels discharging within three nmi of the 
Pribilof Islands shall sample conventional pollutants (see at section 
5.4.5(a)) no more than four times but not less than two times during 
each winter crab processing season with the first sampling to be done 
two weeks after the beginning of the processing season and continuing 
at two week intervals until the end of the processing season. One of 
the samples may be taken during a cleanup period.
    Metals, including Mercury, and Volatile Organic Compounds shall be 
sampled one time during the winter crab season in the third year (2001) 
of the Permit.
    (c) The city of St. Paul shall sample the discharge at the East 
Landing manhole for conventional pollutants and volatile organic 
compounds (see at section 5.4.5(b)) each February and May and at least 
four times between August 1 and September 30 during each year of the 
Permit.
    Metals, including Mercury, shall be sampled in February 2001 (see 
other specific requirements at section 8.3.3).
    The city may participate in the sampling program with the seafood 
processing facilities.
    (d) The bunkhouse/galley on St. George or any other treated 
domestic wastewater discharge (other than MSDs) shall be sampled for 
conventional pollutants (see at section 5.4.5(b)) one time during each 
winter crab processing season.
    Metals, including Mercury, and Volatile Organic Compounds shall be 
sampled one time during the winter crab season in the third year (2001) 
of the Permit.
    (e) The city of St. Paul and the seafood processors discharging 
through the stationary outfalls on St. Paul shall conduct a sediment 
chemistry study during the summer of the third year (2001) of the 
Permit in the area immediately adjacent to the stationary outfalls and 
at one control site. The results of the study shall be submitted by 
October 31, 2001.
    (f) All permittees shall submit a Quality Assurance Plan (QAP) for 
effluent monitoring to EPA for approval within 30 days of issuance of 
this Permit, and prior to any sampling. The city of St. Paul and the 
processors discharging through the stationary outfalls on St. Paul 
shall submit a QAP for the year 2001 sediment chemistry study by April 
30, 2001.
    (g) Results of all winter monitoring of conventional pollutants 
and/or volatile organic compounds shall be submitted within 30 days of 
being analyzed. The results of the third year winter monitoring program 
(conventional pollutants, volatile organic compounds, and metals) shall 
be submitted within 30 days of being analyzed. The results of the 
summer monitoring program conducted by the shorebased seafood 
processors in the third year of the Permit (2001) shall be submitted by 
October 31, 2001.
    5.4.8  Waiver. Effluent sampling may be temporarily waived upon 
notification by telephone or FAX to EPA and ADEC (see at section 6.1.3) 
when conditions (e.g., local weather or sea conditions) make getting 
the samples off vessels or to the airport for transport to the 
laboratory hazardous to human health and safety. This waiver 
determination will be made on a case-by-case basis.
    5.4.9  Submittals. Submittals shall be made to EPA and ADEC to the 
addresses at section 3.1.6.
    5.4.10  Modification of the Monitoring Program. The discharge 
effluent monitoring program may be modified if, on the basis of any new 
data, EPA and ADEC determine that the discharge is adversely affecting 
the marine environment. The modified program may include changes in 
survey methods, locations, schedule, parameters, and scope.

5.5  Biological Monitoring

    5.5.1  Definition. Biological monitoring, for the purposes of this 
Permit, is defined as observations of marine mammals and/or seabirds 
and their interaction with discharges from the stationary outfalls or 
from mobile vessels which may cause floating wastes on the surface of 
the water or wastes on the shoreline.
    5.5.2  Purpose. The biological monitoring program is to gather 
information on whether or not marine mammals and seabirds interact with 
the discharges from the shorebased outfalls and mobile vessels.
    5.5.3  Objective. The objective is to have specific observations of 
marine mammals and seabirds and their behaviors with the outfall plume, 
floating wastes on the receiving waters, accumulated seafood wastes and 
processing equipment, if present, on the shoreline.
    5.5.4  Applicability. The seafood processors authorized to 
discharge under this Permit are required to make observations of marine 
mammals and/or seabirds when performing the shoreline and sea surface 
monitoring program. Members of the community may also take part in this 
biological monitoring program.

[[Page 1017]]

    5.5.5  Method. The observers, permittees or members of the 
community, may use the following questions as a guide to develop a 
program for reporting observations: whether or not seabirds and marine 
mammals are attracted to the outfalls and are seen eating the wastes 
being discharged; whether or not seabirds and marine mammals are 
attracted to any seafood waste on the shoreline and are feeding on the 
wastes, getting wastes on their feathers or fur; whether or not the 
interaction with discharge plumes causes seabirds or marine mammals to 
accumulate oils on their feathers or fur; whether or not the discharge 
is attracting gulls or other birds that are not usually found in the 
Pribilof Islands; identification of the types of marine mammals or 
seabirds, how many, when, where, behavior; and what were the weather 
conditions, wind direction, tides, or other pertinent information.
    5.5.6  Reporting. This type of observation can be done in 
conjunction with the shoreline and sea surface monitoring program, 
including the safety provisions. Any observations of sea lions, 
northern fur seals, or seabirds near the outfalls, mobile vessels, or 
shorelines by the seafood processors will be submitted with the monthly 
reports. Other observers may submit reports to the addresses at section 
3.1.6 or fax numbers at section 6.1.3. Photographs or video tapes are 
good methods to record the biological monitoring.

6  Special Conditions and Requirements

6.1  Discharges from Mobile Vessels

    During the period of May 1 to December 1, there shall be no 
discharges of any kind within the one-half nautical mile of the 
exclusion zone described at section 2 except as provided below at 
section 6.1.1 and 6.1.2.
    6.1.1  Safety Exception. Notwithstanding the provisions of section 
2, mobile processing vessels may anchor within the one-half nmi 
exclusion zone when conditions exist that would threaten the safety of 
the vessel or there is no other location that is reachable for the 
safety of the vessel.
    6.1.2  Processing and Transit in the Exclusion Zone. Mobile vessels 
may complete processing of any raw product on-board the vessel if 
transit into the exclusion zone is for safety of the vessel. No new 
product shall be brought on-board or processed. There shall be no 
discharge of wastewaters including gray water, deck or processing area 
wash down, net washing, bilge water, MSD treated wastewater, or other 
materials. There shall be no refueling within the exclusion zone.
    6.1.3  Location Reporting. When any processing vessel enters the 
one-half nautical mile exclusion zone, the permittee must report their 
location by GPS and the reason for being in the exclusion zone to the 
appropriate following parties:

EPA--FAX (206) 553-1280 or telephone (206) 553-1846;
      and
ADEC--FAX (907) 269-7508 or telephone (907) 269-7500;
      and
St. Paul--FAX (907) 546-3194 or telephone (907) 546-3179;
      or
St. George--FAX (907) 829-2212 or telephone (907) 859-2263;
      and
Local harbor master/public safety office by radio.

    6.1.4   Excluded Area Discharge. Mobile vessels must notify EPA and 
ADEC within 24 hours, either by telephone (206) 553-1846 or (907) 269-
7500, respectively) or by FAX (see at section 6.1.3) if any discharge 
of seafood wastes or any other discharge, occurs during the period of 
May 1 through December 1 within the one-half nautical mile exclusion 
zone. Any such report must include an official Bering Sea weather 
report.

6.2  Discharges from Stationary Outfalls

    Notwithstanding the provisions of section 2, dischargers (i.e., 
UniSea, Trident, Arctic Star, city of St. Paul) previously permitted to 
discharge from the existing stationary outfalls on St. Paul and 
dischargers (i.e., Snopac, Blue Wave) previously permitted to discharge 
from the stationary outfall on St. George, may apply for authorization 
under the Permit, provided that each facility or mobile vessel complies 
with all other provisions of this Permit.

6.3   Ocean Disposal

    Shorebased facilities may dispose of seafood wastes ground to 0.5 
inch and unground snail shells by dumping the seafood wastes into 
depths of at least 45-50 fathoms and at least seven nmi west of St. 
Paul and at least three nmi west of St. George.
    6.3.1  Conditions. Disposal must be done while the vessel is 
underway. No disposal shall occur if marine mammals and/or a 
concentration of seabirds (100+ individuals) are observed in the 
disposal area.
    6.3.2  Logs. A log shall be kept of the disposal operations and 
include the following information:
    Dates and start/stop time of each disposal occurrence,
    (b) Description and approximate volume of the material being 
dumped,
    (c) The location (GPS) where dumped, and
    (d) Notation of weather and wind conditions in the area and 
Beaufort Sea state.
    6.3.3  Submittal. A copy of the log is to be submitted to EPA with 
the monthly report.

6.4  Pollution Prevention and Best Management Practices for Seafood 
Processors

    Permittees shall discharge from the facility or vessel in 
accordance with best management practices which address the provisions 
of the Pollution Prevention Act.
    6.4.1  Best Management Practices (BMPs). Best management practices 
(BMPs) are to control or abate the discharge of pollutants. In-plant 
management of water and materials has been found to be central in a 
waste management effort. Materials accounting, audits of in-plant 
utilization of water and materials, and best management practices are 
recommended as the profitable approach to waste management in seafood 
processing plants and vessels.
    6.4.2  Development and Implementation. Each seafood processor shall 
develop and implement a BMP plan which prevents or minimizes the 
generation and release of pollutants to receiving waters. Mobile vessel 
operating and discharging more than 0.5 nmi from shore shall implement 
BMPs which minimize process waste solids and disperse process wastes 
and wastewaters through mobility. Shorebased facilities shall implement 
BMPs which focus upon the minimization of process waste solids and 
wastewaters.
    6.4.3  Other Pollution Prevention
    (a) The use of disinfectants and other products on-board a vessel 
or at a shorebased facility shall be used in a way to reduce over-
disinfecting or over-use. The disposal of such products and containers 
shall be in such a way as to reduce potential contamination of the work 
areas and personnel.
    (b) Seafood processors shall comply with existing local ordinances, 
state and federal law and other health requirements for exclusion of 
pests (e.g., rats) in and around the shorebased facilities and on-board 
processing vessels.
    (c) Seafood processors shall implement any measures necessary, 
including employee training, to keep processing equipment (i.e., 
gloves, ear

[[Page 1018]]

plugs, packing bands) out of the discharge.
    (d) Good-housekeeping, use of ``green'' products including low 
phosphate detergents, grease traps in galleys, and any other means of 
reducing pollution shall become part of the BMP plan.

7  Monthly Reporting Requirements for Seafood Processing Facilities 
and Vessels

7.1  Schedule

    Reporting shall be on a calendar quarter basis; reports are due by 
the end of the month following any quarter processing occurs in the 
Pribilof Islands (e.g., January-March report due no later than the 30th 
of April).

7.2  No Processing

    Permittees shall notify EPA and ADEC when no processing occurs 
during any quarter in the Pribilof Islands, by submitting the form 
marked ``no processing.''

7.3  Facility Reporting

    7.3.1  Vessels. Mobile vessels shall report the following:
    (a) Daily GPS log of anchored location or locations while 
processing; this log to be submitted in both map-charted and written 
form;
    (b) Processing data including number of pounds of raw product 
processed per day and number of pounds of finished product; and
    (c) Seafood wastes, if any, on the shoreline and/or floating solids 
on the sea surface as described in the sea surface and shoreline 
monitoring program at section 5.3; and
    (d) Results of outfall check and results of grinding size 
inspection.
    7.3.2  Stationary Outfalls. Shorebased facilities or vessels 
discharging through stationary outfalls shall report the following:
    (a) Processing data including number of pounds of raw product 
processed per day and type and number of pounds of finished product;
    (b) Seafood wastes, if any, on the shoreline and/or floating solids 
on the sea surface as described in the sea surface and shoreline 
monitoring program at section 5.3; and
    (c) Amount, type (if ground or unground), and location of wastes 
disposed of by ocean dumping as described at section 6.3.

7.4  Signatory Requirement

    A permittee shall ensure that the monthly report is signed by a 
principal officer or a duly appointed company representative in 
accordance with section 12.5.

7.5  Submittal

    The monthly reports shall be submitted to EPA and ADEC. Reports may 
be sent via FAX (see at section 6.1.3) or mailed to EPA and ADEC (see 
at section 3.1.6).

7.6  Paperwork Reduction Act

    In compliance with the Paperwork Reduction Act, 44 U.S.C. Section 
3501, et seq., the Office of Management and Budget has approved the 
collection of information in a monthly report as equivalent to a 
discharge monitoring report (OMB No. 2040-0004).

8  Requirements for the City of St. Paul Wastewater Treatment 
System

8.1  Discharge Limitations

    8.1.1  Amount of Discharge. The discharge shall be limited to 
treatment not to exceed 143,500 gallons/day. Treated wastewater shall 
be discharged to the Bering Sea via an outfall.
    8.1.2  Water Quality. There shall be no discharge of floating 
solids, garbage, grease, foam, oily waste, or wastewater which may 
produce a film, sheen, or coloration on surface waters. The discharge 
shall not cause contamination of surface or ground waters and shall be 
in compliance with the Alaska Water Quality Standards (18 AAC Part 70).
    8.1.3  Adverse Effects. The discharge shall not cause adverse 
effects on aquatic or terrestrial plant or animal life, their 
reproduction, or habitat.

8.2  Septic Tank System

    8.2.1  Operation and Maintenance. The permittee shall maintain the 
septic tank system in good working order at all times. The accumulated 
solids in the septic tanks shall be pumped from the tanks at least 
every two years and disposed of by an approved method.
    8.2.2  Spills. In the event of a spill of sewage on the ground 
resulting from the operation, maintenance, or failure of the septic 
tank system, the permittee shall immediately disinfect the area and 
report the spill as required at section 10.1. Additionally the 
permittee shall correct the cause of the spill in the shortest 
practicable amount of time.

8.3  Monitoring

    8.3.1  Sampling. The city of St. Paul shall conduct sampling for 
the pollutants listed at section 5.4.5(b).
    8.3.2  Schedule
    (a) The city of St. Paul shall sample the effluent discharge at the 
East Landing manhole for conventional pollutants and volatile organic 
compounds one time each February and May and at least four times 
between August 1 and September 30 during each year of the Permit. The 
results shall be submitted as follows: February sampling by March 31; 
May sampling by June 30; and the August/September sampling by October 
31 of each year.
    Metals, including Mercury, shall be sampled in February 2001 and 
results submitted within 30 days of being analyzed.
    The city may participate in the sampling program with the 
shorebased facilities.
    (b) The city shall participate in the sediment chemistry study to 
be conducted during the summer of the third year (2001) of the Permit 
(see at section 8.3.3(b)).
    8.3.3  Additional Sampling and Testing
    (a) If the volatile organic compounds sampling results from the 
February 2002 sampling show presence of 1.4-Dichlorobenzene in excess 
of 0.011 mg/L and/or Toluene in excess of 0.09 mg/L, sampling for 
volatile organic compounds will be required at Ellerman Heights lift 
station, Old Town lift station, and at East Landing manhole within 60 
days of the March 31 submittal of the February 2002 results.
    (b) The city of St. Paul and the seafood processors discharging 
through the stationary outfalls on St. Paul shall conduct a sediment 
chemistry study during the summer of the third year (2001) of the 
Permit in the area immediately adjacent to the stationary outfalls and 
at one control site. The results of the sediment chemistry study shall 
be submitted by October 31, 2001.
    8.3.4  Quality Assurance Plan. Sampling and testing for effluent 
shall be conducted according to the prepared Quality Assurance Plan 
(QAP); the plan is to be submitted to EPA for approval within 30 days 
of issuance of this Permit, and prior to any sampling. This approval 
will be in effect for the period of this Permit unless there is a 
change in the monitoring program.
    The QAP for the sediment chemistry study in 2001 shall be submitted 
by April 30, 2001.
    8.3.5  Submittal. Submittals shall be to the addresses at section 
3.1.6.

8.4  Waiver From Secondary Treatment

    The ADEC grants a waiver from secondary treatment standards to the 
city of St. Paul for the discharge of sanitary wastes. This waiver was 
originally contained in the State of Alaska's wastewater permit 
previously issued to the city of St. Paul.
    In accordance with State Regulations 18 AAC 72.040(c), ADEC may 
reduce the level of treatment of domestic waste from secondary 
standards as defined in 18 AAC 72.990(64). The level of

[[Page 1019]]

treatment may not be less than primary treatment as defined in 18 AAC 
72.990(52). The city of St. Paul has a community septic tank that 
provides primary treatment of the sanitary wastes. This reduced level 
of treatment will not impact the overall health of the Bering Sea as a 
water body and is in conformance with the State's antidegradation 
policy.

8.5  City of St. Paul Pollution Prevention Program

    The city of St. Paul shall develop and implement a pollution 
prevention program to identify hazardous products used in the community 
in homes and businesses; provide information to the community on the 
handling and reduction of hazardous products used; recycle hazardous 
products when and where possible; and establish a collection of 
hazardous product wastes for the community.
    8.5.1  Objective. The objective of this program is to reduce and 
eliminate the potential for hazardous materials dumped into the city's 
domestic wastewater treatment system and discharged into the marine 
environment where there is the potential to impact the marine mammals 
and seabirds as well as pollute the nearshore areas of St. Paul Island.
    8.5.2  Schedule. The pollution prevention program shall be 
developed and implemented no later than one year after the issuance of 
the Permit and shall include an information/collection event to be held 
in June 2001 and in June 2003. A copy of the program shall be submitted 
to EPA and ADEC (see at section 3.1.6) for review and approval by 
October 31, 1999.
    8.5.3  Monitoring. The effluent sampling for Volatile Organic 
Compounds in February 2002 will demonstrate the effectiveness of the 
program. If the conditions at section 8.3.3(a) are met, the city may 
reduce the monitoring for Volatile Organic Compounds to once in May and 
once between August 1 and September 30. If any test results show 
Volatile Organic Compounds (i.e., toluene and/or 1,4-dichlorobenzene) 
in the discharge, the city shall immediately test at Ellerman Heights 
lift station, Old Town lift station, and at East Landing manhole to try 
to find the source.

9  General Monitoring and Records Requirements

9.1  General Monitoring

    9.1.1  Monitoring Procedures. Monitoring shall be conducted 
according to test procedures approved under 40 CFR part 136 or EPA 
approved methods. EPA Method 1664 for Oil and Grease has been approved 
as an alternative test procedure for Region 10.
    9.1.2  Representative Effluent Sampling. Samples taken in 
compliance with the effluent monitoring requirements of the Permit 
shall be collected from the effluent stream prior to discharge into the 
receiving waters. Samples and measurements shall be representative of 
the volume and nature of the monitored discharge.

9.2  Records Requirements

    9.2.1  Records Contents. All effluent monitoring records shall bear 
the hand-written signature of the person who prepared them. In 
addition, all records of monitoring information shall include: The 
date, exact place, and time of sampling or measurements; the names of 
the individual(s) who performed the sampling or measurements; the 
date(s) analyses were performed; the names of the individual(s) who 
performed the analyses; the analytical techniques or methods used; and 
the results of such analyses.
    9.2.2  Retention of Records. Each permittee shall retain copies 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 five 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.
    9.2.3  On-site Availability of Records and Reports. Copies of this 
NPDES Permit, monitoring reports, and other technical documents 
required under the Permit shall be maintained on-site where the 
discharge occurs.

10  Non-Compliance Reporting Requirements

10.1  Twenty-Four Hour Notice of Noncompliance

    The following occurrences of noncompliance shall be reported by 
telephone to EPA (206-553-1846) and ADEC (907-269-7500) within 24 hours 
from the time the permittee becomes aware of the circumstances:
    10.1.1  Endangerment. Any noncompliance which may endanger human 
health or the environment.
    10.1.2  Unanticipated Bypass. Any unanticipated bypass which 
exceeds any effluent limitations in the Permit (see ``Bypass of 
Treatment Facilities'' at section 11.6).
    10.1.3  Upset. Any upset which exceeds any effluent limitation in 
the Permit (see ``Upset Conditions'' at section 11.7).
    10.1.4  Environmental Effects. Instances of floating solids, foam, 
or oily wastes, and/or seafood wastes on the shoreline.

10.2  Written Notice

    A written notice of the preceding occurrences of noncompliance 
shall be provided to EPA and ADEC within five days of the time that a 
permittee becomes aware of the circumstances which lead to the 
noncompliance.
    10.2.1  Report. The written notice 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.
    10.2.2  Written Report Waiver. The Director may waive the written 
report on a case-by-case basis if the telephone report has been 
received within 24 hours by the NPDES Compliance Unit in Seattle, 
Washington, by telephone or FAX.
    10.2.3  Submittal. Written reports shall be submitted to the 
addresses at section 3.1.6.

10.3  Other Noncompliance Reporting

    A permittee shall document all instances of noncompliance, other 
than those specified at section 10.1, and submit a written report with 
the monthly report.

10.4  Planned Changes

    A permittee shall give 60 days advance notice to EPA and ADEC of 
any planned physical alterations or additions to the permitted 
facility. Notice is required only when the alteration of, or addition 
to, the facility could result in noncompliance with the explicit 
effluent limitation of the Permit; the alteration of, or addition to, 
the facility could significantly change the nature or increase the 
quantity of pollutants discharged which are not limited explicitly in 
the Permit; or the alteration of, or addition to, the facility may meet 
one of the criteria for determining whether the facility is a new 
source as determined in 40 CFR 122.29(b).

10.5  Notice of New Introduction of Pollutants

    The permittee shall provide 60 days advance notice to EPA and ADEC 
of any new introduction of pollutants into the

[[Page 1020]]

treatment works from an indirect discharger which would be subject to 
sections 301 or 306 of the Act if it were directly discharging those 
pollutants; and any substantial change in the volume or character of 
pollutants being introduced into the treatment works by a source 
introducing pollutants into the treatment works at the time of issuance 
of the Permit.

10.6  Anticipated Noncompliance

    The permittee shall also give advance notice to EPA and ADEC of any 
planned changes in the permitted facility or activity which may result 
in noncompliance with Permit requirements.

11 General Compliance Responsibilities

11.1  Duty To Comply

    Each permittee shall comply with all conditions of this Permit. Any 
noncompliance of this Permit 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.
    Nothing in this Permit shall be construed to relieve authorized 
permittees of the requirements of applicable federal and state laws or 
regulations and local laws and ordinances
    Except as provided in permit conditions in ``Bypass of Treatment 
Facilities'' (see at section 11.6 ) and ``Upset Conditions'' (see at 
section 11.7), nothing in this Permit shall be construed to relieve a 
permittee of the civil or criminal penalties for noncompliance.

11.2  Penalties for Violations of Permit Conditions

    11.2.1  Civil and Administrative Penalties. 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 or administrative 
penalty, not to exceed the maximum amounts authorized by sections 
309(d) and 309(g) of the Act and the Federal Civil Penalties Inflation 
Adjustment Act (28 U.S.C. 2461 note) as amended by the Debt Collection 
Improvement Act (31 U.S.C. 3701 note).
    11.2.2  Criminal Penalties
    (a) Negligent Violations. 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. 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. Any person who knowingly violates a 
permit condition implementing sections 301, 302, 303, 306, 307, 308, 
318, or 405 of the Act, and who knows at that time that another person 
may be placed 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 be subject to a fine of not more than $1,000,000.
    (d) False Statements. Any person who knowingly makes any false 
material statement, representation, or certification in any 
application, record, report, plan, or other document filed or required 
to be maintained under this Act or who knowingly falsifies, tampers 
with, or renders inaccurate any monitoring device or method required to 
be maintained under this Act, shall be punished by a fine of not more 
than $10,000, or by imprisonment for not more than 2 years, or by both.

11.3  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.

11.4  Duty To Mitigate

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

11.5  Proper Operation and Maintenance

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

11.6  Bypass of Treatment Facilities

    11.6.1  Bypass Not Exceeding Limitations. Bypass of treatment is 
prohibited if such bypass will produce a discharge which exceeds the 
effluent limitations of the Permit. EPA or ADEC may take enforcement 
action against a permittee for a bypass, unless:
    (a) The bypass was unavoidable to prevent loss of life, personal 
injury, or severe property damage;
    (b) There were no feasible alternatives to the bypass, such as the 
use of auxiliary treatment facilities, retention of untreated wastes, 
or maintenance during normal periods of equipment downtime. This 
condition is not satisfied if adequate back-up equipment shall have 
been installed in the exercise of reasonable engineering judgment to 
prevent a bypass that occurred during normal periods of equipment 
downtime or preventive maintenance; and
    (c) A permittee submitted notices as follows:
    Notice of an anticipated bypass. If a permittee knows in advance of 
the need for a bypass, it shall submit prior notice, if possible, at 
least 10 days before the date of the bypass.
    Notice of an unanticipated bypass. A permittee shall submit notice 
of an unanticipated bypass as required under ``Noncompliance 
Reporting'' (see at section 10).
    11.6.2  Bypass Approval. EPA and ADEC may approve an anticipated 
bypass, after considering its adverse effects, if EPA and ADEC 
determine that it will meet the three conditions listed above at 
section 11.6.1 of this Permit.

11.7  Upset Conditions

    11.7.1  Effect of an Upset. An upset constitutes an affirmative 
defense to an action brought for noncompliance with such technology-
based permit effluent limitations if a permittee meets the requirements 
of section 11.7.2. No determination made during administrative review 
of claims that noncompliance was caused by upset, and before an action 
for noncompliance, is final administrative action subject to judicial 
review.
    11.7.2  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 a 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 
``Reporting

[[Page 1021]]

of Noncompliance'' (see at section 10); and
    (d) The permittee complied with any remedial measures as required 
under ``Duty to Mitigate'' (see at section 11.4).
    11.7.3  Burden of Proof. In any enforcement proceeding, the 
permittee seeking to establish the occurrence of an upset has the 
burden of proof.

11.8  Toxic Pollutants

    Each 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.

12  General Provisions

12.1  Permit Actions

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

12.2  Duty to Reapply

    If a permittee intends to continue an activity regulated by this 
Permit after the expiration date of this Permit, a permittee must 
submit a new NOI 60 days before the expiration of this Permit.

12.3  Duty to Provide Information

    A permittee shall furnish to EPA and ADEC, within the time 
specified in the request, any information that EPA or ADEC may request 
to determine whether cause exists for modifying, revoking and 
reissuing, or terminating this Permit, or to determine compliance with 
this Permit.
    A permittee shall also furnish to EPA or ADEC, upon request, copies 
of records required to be kept by this Permit.
    EPA may require any discharger authorized by a general permit to 
apply for and obtain an individual NPDES permit in accordance with 40 
CFR 122.28(b)(3).

12.4  Other Information

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

12.5  Signatory Requirements

    All applications reports or information submitted to EPA and ADEC 
shall be signed and certified.
    12.5.1  Permit Applications. 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.
    12.5.2  Required Reports and Information. All reports required by 
this Permit and other information requested by EPA 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 submittal to EPA and ADEC, and
    (b) The authorization specifies either an individual or a position 
having responsibility for the overall operation of the regulated 
facility or activity, such as the position of plant manager, 
superintendent, position of equivalent responsibility, or an individual 
or position having overall responsibility for environmental matters for 
the company. (A duly authorized representative may thus be either a 
named individual or any individual occupying a named position.)
    12.5.3  Changes to Authorization. If an authorization under 
``Signatory Requirements'' (see at section 12.5) 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 this section must be submitted to EPA and ADEC prior to 
or together with any reports, information, or applications to be signed 
by an authorized representative.
    12.5.4  Certification. Any person signing a document required by 
this Permit 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.

12.6  Availability of Reports

    Except for data determined to be confidential under 40 CFR part 2, 
all reports prepared in accordance with this Permit shall be available 
for public inspection at the offices of EPA and ADEC. A permittee may 
claim certain types of information as business confidential. When the 
information is submitted in response to a permit requirement, the 
permittee will need to identify which documents or portions of 
documents are company confidential (see 40 CFR 2.203(b)). As required 
by the Act, permit applications, permits, and effluent data shall not 
be considered confidential.

12.7  Inspection and Entry

    A permittee shall allow EPA, 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 enter a permittee's premises 
where a regulated facility or activity is located or conducted, or 
where records must be kept under the conditions of this Permit; have 
access to and copy, at reasonable times, any records that must be kept 
under the conditions of this Permit; inspect at reasonable times any 
facilities, equipment (including monitoring and control equipment), 
practices, or operations regulated or required under this Permit; and 
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.

12.8  Oil and Hazardous Substance Liability

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

12.9  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.

[[Page 1022]]

12.10  Severability

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

12.11  Transfers

    This Permit may be automatically transferred to a new permittee if 
the current permittee notifies EPA at least 30 days in advance of the 
proposed transfer date; the notice includes a written agreement between 
the existing and new permittees containing a specific date for transfer 
of permit responsibility, coverage, and liability between them; and EPA 
does not notify the existing permittee and the proposed new permittee 
of EPA's intent to modify, or revoke and reissue the permit. If this 
notice is not received, the transfer is effective on the date specified 
in the agreement.

12.12  State Laws

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

13  Definitions and Acronyms

    AAC means Alaska Administrative Code.
    Accumulation means any deposit of ground or unground solid seafood 
processing wastes gathered or heaped up at and around the terminus of 
an outfall which could reasonably be attributed to a discharge from the 
outfall.
    ADEC means Alaska Department of Environmental Conservation.
    Bypass means the intentional diversion of waste streams from any 
portion of a treatment facility.
    CFR means the Code of Federal Regulations.
    Coastal zone means the waters within three nautical miles of the 
Pribilof Islands.
    Cooling water means once-through non-contact cooling water.
    CWA means the Clean Water Act.
    Discharge of a pollutant means any addition of any ``pollutant'' or 
combination of pollutants to ``waters of the United States'' from any 
``point source''.
    Domestic wastewater means waterborne human wastes and gray water.
    EPA means the United States Environmental Protection Agency.
    Exclusion zone means within one-half nmi of areas of special 
concerns or in the case of Steller sea lion rookeries, 3 nmi.
    Garbage means all kinds of victual, domestic, and operational 
waste, excluding fresh fish and parts thereof, generated during the 
normal operation and liable to be disposed of continuously or 
periodically except dishwater, gray water, and those substances that 
are defined or listed in other Annexes to MARPOL 73/78.
    GPS means Global Positioning System.
    Gray water means materials discharged from sinks, safety showers, 
eye-wash stations, hand-washing stations, galley, laundries, bath, and 
shower wastewater which do not contain human body wastes.
    Marine environment means that territorial seas, the contiguous zone 
and the oceans.
    Marine sanitation device includes any equipment for installation 
on-board a vessel which is designed to receive, retain, treat, or 
discharge sewage, or any process to treat such sewage (discharge of raw 
sewage is not allowed within the three mile limit of U.S. waters).
    MLLW means mean lower low water.
    MSD means marine sanitation device.
    NMFS means United States National Marine Fisheries Service.
    NOI means a ``Notice of Intent,'' that is, an application, to be 
authorized to discharge under a general NPDES permit.
    Pollutant means dredged spoil, solid waste, incinerator residue, 
filter backwash, sewage, garbage, sewage sludge, munitions, chemical 
wastes, biological materials, radioactive materials, heat, wrecked or 
discarded equipment, rock, sand, cellar dirt and industrial, municipal, 
and agricultural waste discharged into water.
    Seafood means the raw material, including freshwater and saltwater 
fish and shellfish, to be processed, in the form in which it is 
received at the processing plant.
    Seafood process waste means the waste fluids, organs, flesh, bones, 
and chitinous shells produced in the conversion of aquatic animals from 
a raw form to a marketable form.
    Severe property damage means substantial physical damage to 
property, damage to the treatment facilities which causes them to 
become inoperable, or substantial and permanent loss of natural 
resources which can reasonably be expected to occur in the absence of a 
bypass. Severe property damage does not mean economic loss caused by 
delays in production.
    Sewage means human body wastes and the wastes from toilets and 
other receptacles intended to receive or retain body wastes.
    Upset means an exceptional incident in which there is unintentional 
and temporary noncompliance with technology-based permit effluent 
limitations because of factors beyond the reasonable control of the 
permittee. An upset does not include noncompliance to the extent caused 
by operational error, improperly designed treatment facilities, 
inadequate treatment facilities, lack of preventive maintenance, or 
careless or improper operation.
    U.S.C. means United States Code.
    USFWS means United States Fish and Wildlife Service.
    Water depth means the depth of the water between the surface and 
the seafloor as measured at mean lower low water (0.0).

[FR Doc. 99-232 Filed 1-6-99; 8:45 am]
BILLING CODE 6560-50-P