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AKS053651 − cover − letter. docx̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅ ̅̅

Department of Environmental Conservation

DIVISION OF WATER

Wastewater Discharge Authorization Program

555 Cordova Street

Anchorage, Alaska 99501-2617

Main: 907.269.6285

Fax: 907.334.2415

www.dec.alaska.gov/water/wwdp

August 22, 2019

Col. Michael R. Staples Certified Mail: 7017 3040 0000 4359 6810

673 Civil Engineering Director

6346 Arctic Warrior Drive

JBER, AK 99506-3221

Re: Alaska Pollutant Discharge Elimination System Permit Number AKS053651 – Joint Base

Elmendorf-Richardson Municipal Separate Storm Sewer System (MS4), Final Permit Cover

Page

Dear Col. Staples:

This letter serves to notify Joint Base Elmendorf-Richardson (JBER) that the Alaska Department of

Environmental Conservation (DEC) has issued the above referenced permit on August 22, 2019.

The permit will be effective October 1, 2019 and will expire at midnight, September 30, 2024. The

final permit, fact sheet, and Response to Comments are attached. State regulations at 18 AAC

83.020(a) require that an APDES permit be effective for a fixed term that must not exceed five

years. The requirement to reapply for permit reissuance is on or before April 3, 2024, 180 days

before the expiration of the above referenced permit.

If you have any questions regarding the above, please contact William Ashton at 907.269.6283 or via

email at [email protected].

Sincerely,

Gene McCabe

Program Manager

w/enclosure

cc: Mark Prieksat, 673 CES/CEIEC, w/enclosure, via email

Sarah Runck, 673 CES, w/enclosure, via email

JBER MS4 Permit Number: AKS053651

Page 1 of 28

ALASKA POLLUTANT DISCHARGE ELIMINATION SYSTEM

PERMIT FOR STORM WATER DISCHARGES FROM SMALL MUNICIPAL SEPARATE

STORM SEWER SYSTEMS

Permit Number: AKS053651

ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION


555 Cordova Street

Anchorage, AK 99501

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, P.L. 100-4; this permit is issued under provisions of Alaska Statutes

46.03; the Alaska Administrative Code (AAC) as amended; and other State laws and regulations. The

JOINT BASE ELMENDORF-RICHARDSON (hereafter “permittee”)

is authorized to discharge from all municipal separate storm sewer system (MS4) outfalls existing as of

the effective date of this permit to Ship Creek, Knik Arm, and other waters of the United States in

accordance with the conditions and requirements set forth herein.

This permit shall become effective on October 1, 2019.

This permit and the authorization to discharge shall expire after September 30, 2024.

The Permittee must reapply for permit reissuance on or before April 3, 2024, 180 days before

the expiration of this permit if the Permittee intends to continue operation and discharges from

the MS4 beyond the term of this permit.

August 22, 2019 Signature Date

Gene McCabe Program Manager Printed Name Title

gcmccabe

Stamp


Page 2 of 28

TABLE OF CONTENTS

SCHEDULE OF SUBMISSIONS ..................................................................................... 3

1.0 APPLICABILITY ...................................................................................................... 6

1.1 Introduction ......................................................................................................................................6

1.2 Permit Coverage Area ......................................................................................................................6

1.3 Discharges Authorized Under this Permit .......................................................................................6

1.4 Limitations on Permit Coverage ......................................................................................................6

2.0 STORM WATER MANAGEMENT PROGRAM REQUIREMENTS ................ 9

2.1 Storm Water Management Program Document ...............................................................................9

2.2 General Requirements ......................................................................................................................9

2.3 Reviewing and Updating the Storm Water Management Program ...............................................10

2.4 Transfer of Ownership, Operational Authority, or Responsibility for SWMP Implementation. ..11

2.5 Storm Water Management Program Resources .............................................................................11

3.0 MINIMUM CONTROL MEASURES ................................................................... 12

3.1 Public Education and Outreach ......................................................................................................12

3.2 Public Involvement and Participation ............................................................................................13

3.3 Illicit Discharge Detection and Elimination ..................................................................................14

3.4 Construction Site Storm Water Runoff Control.............................................................................16

3.5 Post-Construction Storm Water Management in New Development and Redevelopment ...........18

3.6 Pollution Prevention and Good Housekeeping for Base Operations .............................................20

4.0 MONITORING, EVALUATION, REPORTING, AND RECORD KEEPING

REQUIREMENTS ................................................................................................... 23

4.1 Monitoring Program Plan ..............................................................................................................23

4.2 Evaluation of Overall Program Effectiveness ................................................................................25

4.3 Annual Reports ..............................................................................................................................26

4.4 Recordkeeping ...............................................................................................................................27

4.5 Address ..........................................................................................................................................28

LIST OF TABLES

Table 1: Schedule of Submissions – Storm Water Management Program ................................................ 3

Table 4-1: Outfall Monitoring Requirements .......................................................................................... 25

Table 4-2: Submission Deadlines for Annual Reports ............................................................................. 26

LIST OF APPENDICES

APPENDIX - A Standard Conditions

APPENDIX - B Acronyms

APPENDIX - C Definitions

APPENDIX - D Summary Annual Report Form


Page 3 of 28

SCHEDULE OF SUBMISSIONS

The Schedule of Submissions summarizes some of the required submissions and activities the permittee

must complete and submit to the Alaska Department of Environmental Conservation (the Department or

DEC) during the term of this permit. The permittee is responsible for all submissions and activities even

if they are not summarized below.

Table 1: Schedule of Submissions – Storm Water Management Program

Part of

Permit Storm Water Management Program Component Compliance Date

General Requirements

2.1 Submit to DEC a written description of how Storm Water

Management Program (SWMP) activities control the discharge of

sediment, petroleum products and debris to waters of the U.S. from

the MS4

Within one year of the

permit effective date

2.3.1 Conduct an annual review of the SWMP implementation and submit

an Annual Report to DEC

Annually

4.1.2.5 Submit a Monitoring Program Plan including Quality Assurance

Requirements

Within six months of the


Public Education and Outreach

3.1.2 Continue an on-going public education program to educate the

community about the ways to reduce impacts to storm water quality

Annually

3.1.3.1 Publish articles in a local newspaper or base website regarding storm

water pollution prevention

Annually

3.1.3.2 Create or purchase storm water pollution prevention materials for

key audiences and distribution at annual base events

Update annually

3.1.3.3 Update base housing tenant materials to include storm water related

materials

Update annually

3.1.3.4 Purchase or develop brochure on use of lawn chemicals and

household hazardous products and distribute to key audiences

Annually

3.1.3.5 Develop and make available to base personnel a website with

information about storm water management

Update semi-annually

Public Involvement

3.2.2 Post SWMP and annual reports on the permittee’s website Update annually

3.2.3 Plan and host a community litter clean-up activities within the MS4,

to include areas adjacent to Ship Creek

Host annually

3.2.4 Conduct storm drain cover program to apply labels to JBER storm

drains covers

Annually

3.2.5 Establish and maintain a storm water steering committee

representing multiple base organizations or units that meets quarterly

Quarterly

Illicit Discharge Detection and Elimination

3.3.1 Inventory and map industrial facilities to include in storm sewer

system map

Update annually

3.3.2 Update and implement a plan to detect and address illicit discharges

to the MS4

Annually

3.3.3.1 Conduct wet weather outfall inspections Annually

3.3.3.2 Conduct dry weather inspections of storm water discharge locations

to identify illicit discharges

Annually


Page 4 of 28


Part of


3.3.4 Develop and implement a system for tracking information on illicit

discharge discovery and response

Annually

3.3.5 &

3.3.6

Review effectiveness of command policy letter or other control

measure to prohibit illicit discharges to the MS4; prohibit any

specific non-storm water discharge, if necessary

Annually

3.3.7 Conduct education on hazards associated with illegal discharges Annually

3.3.8 Review and revise storm sewer system map(s) and incorporate into

JBER GIS network

Annually

3.3.9 Conduct dry weather screening from all outfalls Annually

Construction Site Storm Water Runoff

3.4.1 Review and revise its construction site runoff control program Annually

3.4.3 Review effectiveness of command policy letter to require appropriate

management of construction site storm water runoff to ensure

compliance with the SWMP and CGP

Annually

3.4.4 Continue to publish and distribute Erosion and Sediment Control

Plan requirements for all construction projects

On-going

3.4.5 Review and implement plan review procedures for reviewing

construction plans and project SWPPPs

Annually

3.4.6 Review and revise standard language for inclusion in JBER

construction contracts

Annually

3.4.7 Review and implement procedures for site inspection and

enforcement of control measures

Annually

3.4.8 Conduct a training related to the construction command letter Biennially

Post-Construction Site Storm Water Runoff

3.5.1 Review, continue implementation, and enforcement of a post-

construction site runoff control program

Annually

3.5.2 Review and revise command policy letter to require appropriate

management of post-construction site storm water runoff to ensure

compliance with the SWMP and CGP

Annually

3.5.3 Review and revise and distribute a BMP design manual (post-

construction activity manual (PCAM))

Biennially

3.5.4 Revise and implement an inspection schedule and long-term

operation and maintenance plan for post-construction BMPs

Annually

3.5.5 Develop and conduct at least one training for local contractors,

engineers, and tenants regarding the requirements of the PCAM

Within three years of the


3.5.6 Develop a strategy for evaluating Green Infrastructure/ Low Impact

Development (GI/LID) projects

Within one year after the


3.5.7 Incorporate GI/LID techniques into educational materials Within two years of the

permit effective date;

annually thereafter

3.5.8 Conduct an evaluation of the first project to use GI/LID Within the permit term

3.5.9 Revise the GI/LID Strategy Within the permit term

Pollution Prevention And Good Housekeeping

3.6.1 Conduct storm water pollution prevention inspections Annually

3.6.2 Maintain and implement maintenance standards for storm water

facilities

Annually


Page 5 of 28


Part of


3.6.3 Review and implement a study of the effectiveness of current street

sweeping operations, storm drain cleaning operations and other base

activities with potential for storm water impacts

Annually

3.6.4 Conduct training for employees or contractors whose job functions

may impact storm water quality

Annually

3.6.5 Ensure that new flood management projects are assessed for impacts

on water quality

Annually


Page 6 of 28

1.0 APPLICABILITY

1.1 Introduction

This permit authorizes the permittee to discharge storm water to Ship Creek, Knik Arm, and

other waters of the United States as defined in Part 1.2 Permit Coverage Area from 1.3

Discharges Authorized Under this Permit. The goal of this permit is to minimize the discharge

of storm water pollutants from an MS4.

1.2 Permit Coverage Area

This permit covers all portions of the MS4 within Joint Base Elmendorf-Richardson (JBER)

which are owned or operated by the permittee.

1.3 Discharges Authorized Under this Permit

During the effective term of this permit, the permittee is authorized to discharge storm water to

waters of the United States from all portions of the MS4s owned and operated by the

permittee, subject to the conditions set forth herein. This permit also authorizes the discharge

of storm water commingled with flows contributed by process wastewater, non-process

wastewater, and storm water associated with industrial activity, provided that the storm water

in these flows is only commingled with those categories of allowable non-storm water

discharges set forth in Part 1.4 of this permit.

1.4 Limitations on Permit Coverage

1.4.1 Non-Storm Water Discharges. The Permittee is not authorized to discharge non-storm

water, except where such discharges satisfy one of the following three conditions:

1.4.1.1 The non-storm water discharges are in compliance with a separate Alaska

Pollutant Discharge Elimination System (APDES) permit; or

1.4.1.2 The non-storm water discharges result from a spill and:

1.4.1.2.1 Are the result of an unforeseen weather event where reasonable and prudent

measures have been taken to minimize the impact of such discharge; or

1.4.1.2.2 Consist of emergency discharges required to prevent imminent threat to

human health or severe property damage, provided that reasonable and

prudent measures have been taken to minimize the impact of such discharges;

or

1.4.1.3 The non-storm water discharges satisfy each of the following two conditions:

1.4.1.3.1 The discharges consist of uncontaminated water line flushing, landscape

irrigation, diverted stream flows, rising ground waters, uncontaminated

ground water infiltration (as defined at 40 CFR§ 35.2005(20)),

uncontaminated pumped ground water, discharges from potable water


Page 7 of 28

sources, foundation drains, air conditioning condensate, irrigation water,

springs, water from crawlspace pumps, footing drains, lawn watering,

individual residential car washing, flows from riparian habitats and wetlands,

dechlorinated swimming pool discharges, street wash water, residential

building wash waters without detergents, and flows from emergency

firefighting activities; and

1.4.1.3.2 The discharges are not sources of pollution to waters of the United States. A

discharge is considered a source of pollution to waters of the United States if

it:

1.4.1.3.2.1 Causes excessive foam in the receiving waters or contains floating

and/or settleable solids in amounts sufficient to make the water unsafe

or unfit for providing water supply or other beneficial uses;

1.4.1.3.2.2 Contains oil or other substances in amounts sufficient to create a visible

film or sheen on the receiving waters;

1.4.1.3.2.3 Contains substances that are in amounts sufficient to be unsightly or

deleterious or which produce color, odor, or other conditions to such a

degree as to create a nuisance;

1.4.1.3.2.4 Contains any substance or combination of substances in amounts

sufficient to be acutely toxic to, or to otherwise severely injure or kill

aquatic life, other animals, plants or humans; or

1.4.1.3.2.5 Contains any substances or combination of substances that will cause or

contribute to the growth of aquatic plants or algae to such degree as to

create a nuisance, be unsightly, or otherwise impair the designated use.

1.4.2 Discharges Threatening Water Quality.

The permittee is not authorized to discharge storm water that the DEC determines will

cause or have the reasonable potential to cause or contribute to violations of water quality

standards (WQS) in the receiving water.

1.4.3 Snow Disposal to Receiving Waters.

1.4.3.1 The permittee must select effective snow storage and disposal sites in upland areas

where direct drainage to surface waters or storm drains is not possible and where

the groundwater table is low. Best Management Practices (BMPs) at disposal sites

may include detention basin, dikes, berms, and vegetative buffers.


Page 8 of 28

1.4.3.2 The permittee is not authorized to dispose of snow directly to waters of the United

States or directly to the MS4. Discharges from the permittee’s snow disposal and

snow management practices are authorized under this permit when such practices

are operated using appropriate BMPs required in Part 3.6.2. Such BMPs may

include detention basins, dikes, berms, ditches, and vegetative buffers. BMPs must

be designed, operated, and maintained to prevent and reduce pollutants in the

discharge to the maximum extent practicable so as to avoid excursions above the

WQS in the receiving water.

1.4.4 Discharges to Water Quality-Impaired Receiving Waters

1.4.4.1 For purposes of this Permit, the CWA §303(d) listed water bodies are those cited

in the Final DEC 2014/2016 Integrated Report – Ship Creek, or the most current

version of this report. “Pollutant(s) of concern” refer to the pollutant(s) identified

as causing or contributing to the water quality impairment. Pollutants of concern

for the purposes of this Permit are fecal coliform bacteria.

1.4.4.2 The permittee must conduct a storm water discharge monitoring program as

required in Part 4.0.

1.4.4.3 The permittee’s Storm Water Management Program (SWMP) must include a

description how the activities of each minimum control measure in Part 3.0 are

implemented by the permittee to control the discharge of pollutants of concern and

ensure that the MS4 discharges will not cause or contribute to an excursion above

applicable WQS. This discussion must specifically identify how the permittee

evaluates and measures the effectiveness of the SWMP to control the discharge of

the pollutant(s) of concern. For those activities identified in Part 3.0 requiring

multiple years to develop and implement, the permittee must provide interim

updates on progress to date. Consistent with Part 2.1, the permittee must update

and submit this description of the SWMP implementation to DEC as part of the

Annual Report required in Part 4.3, and must update its description annually in

subsequent Annual Reports.


Page 9 of 28

2.0 STORM WATER MANAGEMENT PROGRAM REQUIREMENTS

2.1 Storm Water Management Program Document

2.1.1 No later than one year from the effective date of the permit, the permittee must review,

and revise as necessary its written documentation of the SWMP as implemented within

its jurisdiction. The SWMP documentation must be organized according to the program

components in Parts 3.0 and 4.0 of this permit. At a minimum, the permittee must

include the following information:

2.1.1.1 Ordinances or other regulatory mechanisms, providing the legal authority

necessary to implement and enforce the requirements of this permit.

2.1.1.2 A written outline describing how the permittee will implement the requirements of

Parts 3.0 and 4.0 of this permit.

2.1.2 The permittee must track the annual number of inspections, official enforcement actions,

and types of public education activities and outcomes, as stipulated by the respective

program requirement. Information summarizing these activities during the previous

reporting period must be included in the Annual Report.

2.2 General Requirements

2.2.1 The permittee must develop, implement, and enforce a SWMP designed to reduce the

discharge of pollutants from the MS4 to the maximum extent practicable to protect

water quality, and to satisfy the appropriate water quality requirements of the CWA. The

SWMP must include BMPs, control techniques, system design, engineering methods,

and other provisions appropriate for the control and minimize the discharge of pollutants

from the MS4.

2.2.2 The SWMP developed by the permittee and submitted to DEC covers the term of this

permit and must be updated as necessary or as required by DEC to ensure compliance

with Section 402(p)(3)(B) of the CWA, 33 U.S.C. §1342(p)(3)(B). Modifications to the

SWMP must be made in accordance with Part 2.3 of this permit. The SWMP submitted

to DEC by the permittee, and all approved updates made in accordance with Part 2.3 of

this permit, are hereby incorporated by reference. All components and requirements of

the SWMP are enforceable as conditions of this permit.

2.2.3 The permittee must submit any plan revisions or documents which require review and

approval by DEC to the address listed in Part 4.5, and in accordance with Parts 2.3

and/or 4.1 of this permit. Within 60 days of receipt of such plans or documents, DEC

must have the right to disapprove or require modifications to the plans or documents for

approval.


Page 10 of 28

2.2.4 The SWMP actions and activities are outlined through the minimum control measures in

Part 3.0 and the assessment/monitoring requirements described in Part 4.1. The

permittee must implement a SWMP that provides:

2.2.4.1 BMPs that are selected, implemented, maintained and updated to ensure that storm

water discharges do not cause or contribute to an exceedance of an applicable

numeric or narrative WQS; and

2.2.4.2 Measurable goals, including interim milestones, for each BMP.

2.2.5 Implementation of one or more of the minimum measures may be shared with another

entity that is not subject to this permit, or the entity may fully take over the measure.

The permittee may rely on another entity only if:

2.2.5.1 The other entity, in fact, implements the control measure;

2.2.5.2 The control measure, or component of that measure, is at least as stringent as the

corresponding permit requirement; and

2.2.5.3 The other entity agrees to implement the control measure on the permittee’s

behalf. A legally binding written acceptance of this obligation is required. The

permittee must maintain this obligation as part of the SWMP description. If the

other entity agrees to report on the minimum measure, the permittee must supply

the other entity with the reporting requirements in Part 4.3 of this permit. The

permittee remains responsible for compliance with the permit obligations.

2.3 Reviewing and Updating the Storm Water Management Program

2.3.1 The permittee must annually review the SWMP as part of the preparation of the Annual

Report required under Part 4.3.

2.3.2 The permittee may request changes to any SWMP action or activity specified this permit

according to the following procedures:

2.3.2.1 Changes to delete or replace an action or activity specifically identified in the

SWMP with an alternate action or activity may be requested at any time.

Modification requests to DEC must include:

2.3.2.1.1 An analysis of why the original action or activity is ineffective, infeasible, or

cost prohibitive;

2.3.2.1.2 Expectations on the effectiveness of the replacement action or activity; and

2.3.2.1.3 An analysis of why the replacement action or activity is expected to better

achieve the SWMP requirements.

2.3.2.2 Change requests or notifications must be made in writing and signed by the

permittee in accordance with Appendix A, Part 1.12.


Page 11 of 28

2.3.2.3 Documentation of the actions or activities as required by the SWMP must be

submitted to DEC upon request. DEC may review and subsequently notify the

permittee that changes to the SWMP are necessary to:

2.3.2.3.1 Address discharges from the MS4 that are causing or contributing to water

quality impacts;

2.3.2.3.2 Include more stringent requirements necessary to comply with new federal or

state statutory or regulatory requirements;

2.3.2.3.3 Include other conditions deemed necessary by the DEC to comply with

WQS, and/or other goals and requirements of the CWA; or

2.3.2.3.4 Address the SWMP requirements of the permit, if DEC determines that the

permittee’s current SWMP does not meet permit requirements.

2.3.2.4 If DEC notifies the permittee that changes are necessary, the notification will offer

the permittee an opportunity to propose alternative program changes to meet the

objectives of the requested modification. Following this opportunity, the permittee

must implement any required changes according to the schedule set by DEC.

2.4 Transfer of Ownership, Operational Authority, or Responsibility for

SWMP Implementation.

2.4.1 Transfer of ownership, operational authority, or responsibility for SWMP

implementation requires submittal of all corrected documentation to DEC for a 60-day

review before implementation of transfer.

2.4.2 The permittee must implement the SWMP in all new areas added or transferred to the

permittee’s MS4 (or for which the permittee becomes responsible for implementation of

storm water quality controls) as expeditiously as practicable, within one year from the

date upon which the new areas were added. Such additions and schedules for

implementation must be documented in the next Annual Report following the transfer.

2.5 Storm Water Management Program Resources

The permittee must provide adequate finances, staff, equipment, and other support capabilities

to implement their SWMP actions and activities outlined in this permit.


Page 12 of 28

3.0 MINIMUM CONTROL MEASURES

The six minimum control measures that must be included in the SWMP are:

3.1 Public Education and Outreach

3.1.1 The permittee must include the following topics in its public education and outreach

program:

3.1.1.1 Appropriate storm water management practices for commercial, industrial, food

service, carpet cleaners, home-based or mobile businesses, and automotive

activities;

3.1.1.2 Appropriate yard care techniques for protecting water quality, including proper

timing and use of fertilizers;

3.1.1.3 Proper pet waste management;

3.1.1.4 Appropriate spill prevention practices for industrial, commercial, construction, and

residential settings;

3.1.1.5 Proper use, storage and disposal of household hazardous waste;

3.1.1.6 Proper recycling;

3.1.1.7 Proper management of street, parking lot, sidewalk, and building wash water;

3.1.1.8 Proper methods for using water for dust control; and

3.1.1.9 Impacts of illicit discharges and how to report them.

3.1.2 At least annually, the permittee must distribute storm water educational materials to

target audiences that encourages base tenants to improve water quality.

3.1.3 The public education and outreach activities include at a minimum the following tasks:

3.1.3.1 Once annually publish article(s) in a local newspaper or Base website regarding

storm water pollution prevention;

3.1.3.2 Annually create or obtain and distribute brochures on storm water pollution

prevention, spill prevention BMPs and pet waste management to key audiences

and at one or more base events;

3.1.3.3 Annually develop or obtain materials for and update storm water related materials

for military housing tenants;

3.1.3.4 Annually create or obtain and distribute a brochure on the proper use and disposal

of lawn chemicals and household hazardous products and distribute to key

audiences; and


Page 13 of 28

3.1.3.5 The permittee must make available to base personnel a website with information

about storm water management within the MS4 and update the website at least

semi-annually.

3.1.4 The permittee must document the following information related to public education and

outreach in the Annual Report required in Part 4.3:

3.1.4.1 Describe the public education program and outreach activities accomplished

during the previous calendar year, including at least one copy of each educational

material distributed;

3.1.4.2 Describe the methods and frequency of disseminating information;

3.1.4.3 Describe the target audiences and pollutants/ sources that are addressed by the

program and how they were selected;

3.1.4.4 Estimate the number of people reached by the program over the previous twelve

month period;

3.1.4.5 List the measurable goals for the public education and outreach program over the

next twelve month period;

3.1.4.6 List the dates by which the measurable goals will be achieved; and

3.1.4.7 Identify the person(s) responsible for implementing and coordinating the education

activities.

3.2 Public Involvement and Participation

3.2.1 The permittee must comply with applicable State and local public notice requirements

when implementing a public involvement/participation program.

3.2.2 The permittee must continue annually to make the SWMP and all Annual Reports

available to the public by posting them on the storm water website.

3.2.3 The permittee must host a community event annually aimed at litter removal or similar

clean-up within the MS4, to include areas adjacent to Ship Creek.

3.2.4 The permittee must initiate a storm drain labeling program. The permittee must use one

or more of the following labeling methods: storm drain inlet covers and manhole covers,

medallions, or stenciled paint on concrete containing a storm water pollution prevention

message/notice (e.g., “No Dumping,” “drains to ocean” or “drains to creek”). A

minimum of one hundred labelled storm drains shall be carried out each year in years

two through five; with a priority for labeling in high traffic or high pollution risk areas.

3.2.5 At least quarterly, the permittee must convene a Storm Water Steering Committee to

coordinate and accomplish the goals of the SWMP. The meeting schedule must be made

known to the public and DEC through direct mail or e-mail notification, or other locally

appropriate means.


Page 14 of 28

3.2.6 The permittee must document the following information related to public

involvement/participation in the Annual Report required in Part 4.3.

3.2.6.1 Describe the activities and target audiences for public involvement that the

program accomplished for the preceding twelve month period, including any

monitoring and/or survey results, number of storm drain covers labeled, etc.;

3.2.6.2 Describe the procedure(s) for receiving and reviewing public comments;

3.2.6.3 List the measurable goals for the public involvement/participation program over

the next twelve month period;

3.2.6.4 List the dates by which the permittee will accomplish each of the upcoming

measurable goals; and

3.2.6.5 Identify the person(s) responsible for implementing and coordinating the public

involvement/participation activities.

3.3 Illicit Discharge Detection and Elimination

3.3.1 Annually, the permittee must update the inventory and map of the locations of industrial

facilities to include in the storm sewer system map.

3.3.2 Annually the permittee must carry out a plan to detect and eliminate illicit discharges to

the MS4.

3.3.3 Annually the permittee must carryout the following inspections:

3.3.3.1 Conduct wet weather outfall inspections to identify and investigate any illicit,

inappropriate, or undocumented non-storm water discharge to the storm sewer

system; and

3.3.3.2 Conduct dry weather outfall inspections to identify and investigate any illicit,

inappropriate, or undocumented non-storm water discharge to the storm sewer

system(see also Permit Part 3.3.4 and 3.3.9).

3.3.4 The permittee must maintain a program to detect and eliminate illicit discharges.

Specifically, the program must incorporate detection, identification of the source, and

removal of non-storm water discharges, including illegal dumping, into the storm sewer

system. The permittee must, as part of this activity, develop an information management

system to track illicit discharges.

3.3.5 Annually, the permittee must review the effectiveness and revise ordinances or

procedures that effectively prohibit non-storm water discharges into their system

through an ordinance or other regulatory mechanism, such as a base Command Policy

letter, to the extent allowable under federal, state or local law. The permittee must

implement appropriate enforcement procedures and actions, including enforcement

escalation procedures for recalcitrant or repeat offenders.


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3.3.6 The permittee must prohibit any of the non-storm water flows listed in Part 1.4.1.3

through ordinance, or other regulatory mechanism, if such flows are identified by DEC

or the permittee as a source of pollutants to the MS4. The permittee must document any

existing local controls or conditions placed on such discharges.

3.3.7 Annually the permittee must inform users of the system and the general public of

hazards associated with illegal discharges and improper disposal of waste and provide

educational outreach materials.

3.3.8 Annually the permittee must review and revise, as necessary, a comprehensive storm

sewer system map. At a minimum, the map must show jurisdictional boundaries, the

location of all inlets and outfalls, names and locations of all waters that receive

discharges from those outfalls, and locations of all base operated facilities, including

snow disposal sites.

3.3.9 The permittee must continue dry weather field screening for non-storm water flows from

all outfalls. By the expiration date of the permit, all of the permittee’s outfalls within the

area of the MS4 must be screened for dry weather flows. The screening should include

field tests of selected chemical parameters as indicators of discharge sources. Screening

level tests may utilize less expensive field test kits using test methods not approved by

EPA under 40 CFR Part 136, provided the manufacturers published detection ranges are

adequate for the illicit discharge detection purposes. The permittee must investigate any

illicit discharge within 15 days of its detection, and must take action to eliminate the

source of the discharge within 45 days of its detection. Raw data and narrative review of

screening and mapping must be included in the following year’s Annual Report from the

year the data was collected.

3.3.10 The permittee must document the following information related to illicit discharge

detection and elimination in the Annual Report required in Part 4.3:

3.3.10.1 A description of the criteria used to prioritize investigations in areas suspected of

having illicit discharges, for example: targeting older areas of the base, areas of

high public complaints, and areas of high recreational value or high environmental

value such as parks, and drinking water sources;

3.3.10.2 A description of procedures used to locate and remove illicit discharges, including

detection methods;

3.3.10.3 A summary of all dry weather testing conducted to date, and of permittee activity

to remove any illicit discharge(s) identified;

3.3.10.4 A copy of the established ordinance or other regulatory mechanism used to

prohibit illicit discharges into the MS4. If the permittee has yet to develop this

local requirement, describe the plan and schedule for doing so, and progress

towards implementation;


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3.3.10.5 A description of enforcement policy and jurisdiction. The program must include

procedures for coordination with adjacent municipalities and/or state or federal

regulatory agencies to address situations where investigations indicate the illicit

discharge originates outside the permittee’s jurisdiction. Where a permittee lacks

legal authority to establish enforceable rules or if an illicit discharger fails to

comply with procedures or policies established by the permittee, the program must

include procedures for notifying DEC for assistance in enforcement of this

provision of the permit;

3.3.10.6 A description of the methods used over the previous 12 month period to inform the

public and/or train employees and tenants about illicit discharges and the improper

disposal of waste;

3.3.10.7 A list of measurable goals for the illicit discharge detection and elimination

program for the next 12 month period, and the dates by which the permittee will

achieve each of the measurable goals; and

3.3.10.8 The name and title of the person(s) responsible for coordination and

implementation of the illicit discharge detection and elimination program.

3.4 Construction Site Storm Water Runoff Control

3.4.1 Annually, the permittee must review and revise, as necessary, its program to reduce

pollutants in any storm water runoff to the MS4 from construction activities disturbing

one or more acres, in compliance with the requirements of this permit and the current

version of the APDES General Permit for Storm Water Discharges from Large and

Small Construction Activities in Alaska Permit (Alaska Construction General Permit or

CGP, AKR100000). The permittee’s program must also address storm water discharges

from construction activitiy disturbing less than one acre, if that construction activity is

part of a larger common plan of development or sale that would disturb one or more

acres. The permittee must discuss any revisions, planned improvements, and interim

implementation schedules related to this program within the Annual Report.

3.4.2 If DEC waives the permit requirements for storm water discharges associated with a

specific small construction activity (i.e., a single project) in accordance with 40 CFR

§122.26(b)(15)(i)(A) or (B), the permittee is not required to develop, implement, and/or

enforce the program to reduce pollutant discharges from that particular site.

3.4.3 Annually the permittee must maintain an ordinance or other regulatory mechanism, such

as a base Command Policy letter, to the extent allowable under federal, state or local law

which requires construction site operators to practice appropriate erosion, sediment and

waste control. This ordinance or regulatory mechanism must include sanctions to ensure

compliance.


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3.4.4 The permittee must continue to publish and distribute requirements for construction site

operators to implement appropriate erosion and sediment control BMPs and to control

waste such as discarded building materials, concrete truck washout, chemicals, litter and

sanitary waste at the construction site that may cause adverse impacts to water quality.

3.4.5 Annually the permittee must review and implement procedures for reviewing all site

plans for potential water quality impacts, including erosion and sediment control, control

of other wastes, and any other impacts that must be examined according to the

requirements of the law, ordinance, or other enforceable mechanism of Part 3.4.3. These

procedures must include provisions for receipt and consideration of information

submitted by the public.

3.4.6 Annually, the permittee must review and revise as necessary standard language for

inclusion in JBER construction contracts defining contractor roles and responsibilities

for erosion and sediment control.

3.4.7 Annually, the permittee must review and implement procedures for site inspection and

enforcement of control measures established as required in Parts 3.4.3 and 3.4.4,

including enforcement escalation procedures for recalcitrant or repeat offenders. The

permittee must inspect all construction sites in their jurisdictions for appropriate

erosion/sediment/waste control at least once per year.

3.4.8 Biennially the permittee must conduct a training session for the local

construction/design/engineering audience related to the construction ordinance and BMP

requirements referenced in Parts 3.4.3 and 3.4.4.

3.4.9 The permittee must document the following information related to construction site

storm water runoff control in the Annual Report required in Part 4.3:

3.4.9.1 A copy of the established ordinance or other regulatory mechanism used to require

erosion, sediment and waste controls at construction sites. If the permittee has yet

to develop the required regulatory mechanism, describe the plan and schedule for

doing so;

3.4.9.2 A summary of the number of sanctions and enforcement actions taken by the

permittee to ensure compliance with the construction site ordinance during the

previous 12 month period. To the extent allowable under the legal authority of the

permittee, sanctions may include both monetary and non-monetary penalties;

3.4.9.3 A copy of the written requirements for appropriate erosion, sediment and waste

control BMPs at construction sites;

3.4.9.4 A summary of the number of site plan reviews conducted;

3.4.9.5 A description of the procedures for receipt and consideration of information

submitted by the public;


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3.4.9.6 A summary of the number of sites inspected during the previous 12 month period,

including a description of the site inspection procedures, how sites will be

prioritized for inspection, when and how often a site will be inspected;

3.4.9.7 A list of measurable goals for the construction site runoff control program,

including dates by which the permittee will achieve each of the measurable goals;

and


implementation of the construction site runoff control program.

3.5 Post-Construction Storm Water Management in New Development and

Redevelopment

3.5.1 The permittee must annually review and continue the implementation and enforcement

of a program to address post-construction storm water runoff from new development and

redevelopment projects that disturb greater than or equal to one acre that discharge into

the MS4, including projects less than one acre that are part of a larger common plan of

development or sale that exceed one acre.

3.5.2 Annually, the permittee must review the effectiveness and revise, as necessary,

ordinances or other regulatory mechanism, such as a base Command Policy letter, to the

extent allowable under state or local law to address post-construction runoff from new

development and redevelopment projects. If such a mechanism did not previously exist,

development and adoption of a mechanism must be part of the program. The permittee

must evaluate existing procedures, policies, and authorities pertaining to activities

occurring on their property that may be used to assist in the development of the required

regulatory mechanism.

3.5.3 Once every two years from the effective date of this permit the permittee must review

and revise, as necessary, and then distribute a BMP design manual for post-construction

storm water management (Post Construction Activity Manual (PCAM)) which includes

a list of strategies reflecting a combination of structural and/or non-structural BMPs

appropriate to the MS4. This design manual must include, but is not limited to,

requirements for the appropriate design and construction of snow disposal sites, LID

methods, and parking lots.

3.5.4 Annually, the permittee must revise and implement an inspection schedule and a long-

term operation and maintenance plan for post-construction BMPs.

3.5.5 Within three years from the effective date of this permit, the permittee must develop and

conduct at least one training for base developers, engineers, tenants, and the public

regarding requirements of the base Command Policy letter and the PCAM referenced in

Parts 3.5.2 and 3.5.3.


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3.5.6 Within the first year of the effective date of the permit, the permittee must develop a

Green Infrastructure/Low Impact Development (GI/LID) strategy that provides

incentives for the increased use of GI/LID technique(s) or practice(s) described in ETL

14-1 (or subsequent document with a revised name) in development projects. The

written strategy must address planning, constructing, and evaluating GI/LID projects

within JBER. The strategy is to be included in the first year Annual Report. The strategy

will evaluate the effectiveness of individual techniques: green roofs, rain gardens, rain

barrels, bioswales, permable piping, dry wells, or permeable pavement that mimic

natural processes and direct storm water to areas where it can be infiltrated,

evapotranspirated, or reused. The strategy must discuss the benefits and costs of such

techniques and provide guidance, in addition to that provided by ETL 14-1 (or

subsequent document with a revised name), on which to base how to implement them.

3.5.7 Starting with the second year after the permit effective date, the permittee shall annually

incorporate into their education materials information about GI/LID techniques, such as

green roofs, rain gardens, rain barrels, bioswales, permeable piping, dry wells, and

permeable pavement that mimic natural processes and direct storm water to areas where

it can be infiltrated, evapotranspirated, or reused. The information must discuss the

benefits and costs of such strategies and provide guidance on how to implement them.

3.5.8 The permittee must conduct an evaluation of the performance of GI/LID technique(s) or

practice(s) of the first project built using GI/LID during the permit term and submit a

project evaluation in the subsequent Annual Report. The permittee must monitor,

calculate, or model runoff quantities for the project site in the following manner:

3.5.8.1 For a retrofit project, changes in runoff quantities shall be calculated as a

percentage of 100% pervious surface before and after implementation of the

GI/LID technique(s) or practice(s).

3.5.8.2 For new construction projects, changes in runoff quantities shall be calculated for

development scenarios both with GI/LID technique(s) or practice(s) and without

GI/LID technique(s) or practice(s).

3.5.8.3 The permittee must measure runoff flow rate and subsequently prepare runoff

hydrographs to characterize peak runoff rates and volumes, discharge rates and

volumes, and duration of discharge volumes. The evaluation must include

quantification and description of each type of land cover contributing to surface

runoff for the pilot project, including area, slope, vegetation type and condition for

pervious surfaces, and the nature of impervious surfaces.

3.5.8.4 The permittee must use these runoff values to evaluate overall effectiveness of

various GI/LID technique(s) or practice(s) and to develop recommendations for

future adoption of GI/LID technique(s) or practice(s) that address appropriate use,

design, type, size, soil type and operation and maintenance practices.


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3.5.9 No later than the end of the permit term, the permittee must use the recommendations

obtained through the GI/LID project to revise the GI/LID Strategy for JBER.

3.5.10 The permittee must document the following information related to post-construction

storm water management in the Annual Report required in Part 4.3:

3.5.10.1 A copy of the BMP design manual containing structural and non-structural BMPs

that will be used to manage post-construction runoff from new development and

redevelopment projects within the MS4. List any specific priority areas for this

program;

3.5.10.2 An explanation of the design and performance features of the chosen BMPs that

are intended to minimize water quality impacts;

3.5.10.3 A copy of the established ordinance or other regulatory mechanism used to address

post-construction runoff control. If the permittee has yet to develop the required

regulatory mechanism, describe the plan and schedule for doing so;

3.5.10.4 A description of how long-term operation and maintenance of the selected BMPs

will be ensured, including the organizations responsible and their expected

operation and maintenance schedule;

3.5.10.5 A description of the plans to inform and educate developers and the public about

appropriate project designs that minimize water quality impacts;

3.5.10.6 A list of measurable goals for the post-construction runoff control program,

including dates by which the permittee will achieve each of the measurable goals;

and

3.5.10.7 The name and/or title of the person(s) responsible for coordination and

implementation of the post-construction storm water management program.

3.6 Pollution Prevention and Good Housekeeping for Base Operations

3.6.1 Annually, the permittee must conduct storm water pollution prevention inspections,

including: wet-weather outfall inspections (100% each year), snow disposal areas (100%

each year), and catch basins (50% each year).

3.6.2 Annually, the permittee must maintain and implement an operation and maintenance

program intended to prevent or reduce pollutant runoff from base operations. This

program must address base activities occurring with potential for negative storm water

related water quality impacts, including: the use of sand and road deicers; fleet

maintenance and vehicle washing operations; street sweeping, cleaning and

maintenance; grounds/parks, and open space maintenance operations; building

maintenance; solid waste transfer activities; water treatment plant operations; storm

water system maintenance; and snow disposal site operation and maintenance. In

addition the permittee must address the following: materials storage; hazardous


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materials storage; used oil recycling, spill control and prevention measures for refueling

facilities; base new construction and land disturbances; and snow removal practices.

3.6.3 The permittee must review and implement the results of the study of the effectiveness of

current street cleaning operations, storm drain cleaning operations, and other base

activities with potential for storm water impacts. This study must also examine the

existing practices for the disposal of waste removed from the MS4 and the MS4

operations.

3.6.4 Annually, the permittee must review and revise and conduct appropriate training for

appropriate base personnel related to optimum maintenance practices for the protection

of water quality.

3.6.5 The permittee must continue to ensure that new flood management projects are assessed

for impacts on water quality and existing projects are assessed for incorporation of

additional water quality protection devices or practices;

3.6.6 The permittee must document the following information related to the permittee’s

efforts to prevent or reduce pollutant runoff from base operations through the operation

and maintenance program in the Annual Report required in Part 4.3:

3.6.6.1 A description of the activities, maintenance schedules, and long-term inspection

procedures for controls to reduce floatables and other pollutants to the MS4;

3.6.6.2 A description of the employee training program used to prevent and reduce storm

water pollution including the targeted department personnel, frequency of such

training, copy of sign-in sheet, and a copy of training materials;

3.6.6.3 A summary description of the controls for reducing or eliminating the discharge of

pollutants from areas owned or operated by the permittee, including but not limited

to streets, roads, and highways; municipal parking lots; maintenance and storage

yards; waste transfer stations; fleet or maintenance shops with outdoor storage

areas; salt/sand storage locations; and snow disposal sites operated by the

permittee;

3.6.6.4 A description of procedures to ensure proper disposal of waste removed from the

MS4 and the MS4 operations including dredge spoil, accumulated sediments,

floatables, and other debris;

3.6.6.5 A description of procedures to ensure that new flood management projects are

assessed for impacts on water quality and existing projects are assessed for

incorporation of additional water quality protection devices or practices;


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3.6.6.6 A list of all industrial facilities owned or operated by the permittee that discharge

to the MS4, including industrial facilities that are subject to the APDES Multi-

Sector General Permit (MSGP, AKR060000) or individual APDES permits for

discharges of storm water associated with industrial activity, and/or facilities

identified as part of the inventory required in Part 3.3.1 of this permit. Include the

DEC permit tracking number or a copy of the Industrial Notice of Intent form for

each facility, as appropriate;

3.6.6.7 A list of measurable goals for the pollution prevention and good housekeeping

program, including dates by which the permittee will achieve each of the

measurable goals; and


implementation of the pollution prevention and good housekeeping program.


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4.0 MONITORING, EVALUATION, REPORTING, AND RECORD KEEPING

REQUIREMENTS

4.1 Monitoring Program Plan

4.1.1 The permittee must develop, implement, and revise, as necessary, a comprehensive

Monitoring Program Plan. A description of this plan must be included in the SWMP

document.

4.1.1.1 The Monitoring Program Plan must be designed to assess compliance with this

permit; measure the effectiveness of the permittee’s SWMP; measure the

chemical, physical, and biological impacts to the receiving waters resulting from

storm water discharges; characterize storm water discharges; identify sources of

specific pollutants; and detect and eliminate illicit discharges and illegal

connections to the MS4.

4.1.2 When the permittee conducts water quality monitoring, the permittee must comply with

the following:

4.1.2.1 Representative Monitoring. All samples and measurements must be

representative of the monitored activity.

4.1.2.2 Test Procedures. Monitoring must be conducted according to test procedures

approved under 40 CFR Part 136 (adopted by reference at 18 AAC 83.010), unless

otherwise specified.

4.1.2.3 Storm Water Discharge Monitoring. The permittee must conduct a storm water

discharge monitoring program which meets the following minimum requirements:

4.1.2.3.1 The permittee must revise, as necessary, the current Storm Water Outfall

Monitoring Plan consistent with the monitoring objectives described above.

The outfalls selected by the permittee in the Storm Water Outfall Monitoring

Plan must be representative of major land uses of JBER and include the

outfall that discharges into the Port of Anchorage MS4. JBER must

coordinate their storm water discharge monitoring program with the Port of

Anchorage MS4 for the outfall that discharges into the Port of Anchorage

MS4.

4.1.2.3.2 The permittee must begin monitoring the storm water outfalls identified in

the Storm Water Outfall Monitoring Plan during wet weather events at least

four times per year. The specific monitoring requirements are outlined in Part

4.1.2.5.


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4.1.2.4 Discharge Monitoring Report. Monitoring results must be recorded on a

Discharge Monitoring Report (DMR) form (EPA No. 3320-1) or equivalent, and

submitted annually for the previous 12-month period along with the Annual Report

required in Part 4.3 and 4.4.3.2.

4.1.2.5 Monitoring Program Plan including Quality Assurance Requirements. Within

six months of the effective date of this permit, the permittee must submit a current

Monitoring Program Plan that includes a Quality Assurance Project Plan (QAPP)

for all analytical monitoring to be conducted, including but not limited to the

activities described in Part 3.0. Prior to beginning any analytical monitoring, the

permittee must submit the plan to DEC. The plan must be submitted to the address

given in Part 4.5.

4.1.2.5.1 The QAPP must be designed to assist in planning for the collection and

analysis of water samples in support of the SWMP.

4.1.2.5.2 Throughout all sample collection and analysis activities, the permittee must

use the EPA-approved QA/QC and chain-of-custody procedures described in

Requirements for Quality Assurance Project Plans (EPA/QA/R-5),

Guidance for Quality Assurance Project Plans (EPA/QA/G-5) and the

DEC Quality Assurance Plan Checklist. The QAPP must be formatted as

specified in these documents.

4.1.2.5.3 At a minimum, the QAPP must include the following:

4.1.2.5.3.1 Details on the number of samples, type of sample containers,

preservation of samples, holding times, analytical methods, analytical

detection and quantification limits for each target compound; type and

number of quality assurance field samples; precision and accuracy

requirements; sample preparation requirements; sample shipping

methods; and laboratory data delivery requirements.

4.1.2.5.3.2 Map(s) indicating the location(s) of each sampling point.

4.1.2.5.3.3 Qualification and training of personnel.

4.1.2.5.3.4 Name(s), address(es) and telephone number(s) of the laboratories, used

by or proposed to be used by the permittee.

4.1.2.6 Annually the permittee must review the adequacy of the QAPP based on permit

compliance activities and sampling results. The permittee must amend this

Monitoring Program Plan and QAPP whenever there is modification in the sample

collection, sample analysis, or other conditions or requirements of the plan.

4.1.2.7 The permittee must continue monitoring the identified storm water outfalls in Part

4.1.2.3.1 during wet weather events at least four times per year. The monitoring

requirements are listed in Table 4-1: Outfall Monitoring Requirements.


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Table 4-1: Outfall Monitoring Requirements

Parameter Monitoring Requirements

Sample Location1 Sample Frequency2 Sample Type3

Flow (cfs) 4 times/year Estimated

Temperature (º C) 4 times/year Grab or Recording

pH 4 times/year Grab or Recording

Dissolved Oxygen (mg/L) 4 times/year Grab or Recording

Biochemical Oxygen Demand, 5-day (mg/L) 4 times/year Grab

Chemical Oxygen Demand (mg/L) 4 times/year Grab

Turbidity (NTU) 4 times/year Grab or Recording

Total Suspended Soilds (mg/L) 4 times/year Grab

TAH, TaqH (µg/L) 4 times/year Grab

Notes:

1. Outfall locations must be defined in the permittee’s Storm Water Outfall Monitoring Plan.

2. A minimum of four (4) samples must be collected in calendar year, assuming the presence of storm events sufficient

to produce a discharge.

3. Permittee may use other sample types as long as previously identified in the monitoring plan. Grab samples may be

taken manually or with an automatic water sampler.

4.1.3 Records of monitoring information must include:

4.1.3.1 The date, exact place, and time the samples or measurements were taken;

4.1.3.2 The names(s) of the individual(s) who performed the sampling or measurements;

4.1.3.3 The date(s) upon which analysis of each sample was performed;

4.1.3.4 The names of the individuals who performed each analysis;

4.1.3.5 The analytical techniques or methods used; and

4.1.3.6 The results of each analysis.

4.1.4 If the permittee monitors more frequently than required by this permit using test

procedures approved under 40 CFR Part 136 (adopted by reference at 18 AAC 83.010),

or as otherwise specified by this permit, the results of this monitoring must be included

with the data submitted as part of the Annual Report.

4.2 Evaluation of Overall Program Effectiveness

Annual Effectiveness Assessment – At least annually the permittee must evaluate its

compliance with the permit conditions, the appropriateness of identified BMPs, and progress

toward achieving identified measurable goals for each of the minimum control measures in

Part 3.0. This evaluation of program compliance must be documented in the Annual Report.

The annual effectiveness assessment must:

4.2.1 Use the monitoring and assessment data described in Part 4.1 to specifically assess the

effectiveness of each of the following:

4.2.1.1 Each significant activity/control measure or type of activity/control measure

implemented;


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4.2.1.2 Implementation of each major component of the SWMP (Public

Education/Involvement, Illicit Discharges, Construction, Post-Construction,

Pollution Prevention and Good Housekeeping); and

4.2.1.3 Implementation of the SWMP as a whole.

4.2.2 Identify and use measurable goals, assessment indicators, and assessment methods for

each of the items listed in Part 4.2.1.

4.2.3 Document the permittee’s compliance with permit conditions.

4.2.4 Based on the results of the effectiveness assessment, the permittee must annually review

their activities or control measures to identify modifications and improvements needed

to maximize SWMP effectiveness, as necessary to achieve compliance with this permit.

The permittee must develop and implement a plan and schedule to address the identified

modifications and improvements. Base activities/control measures that are ineffective or

less effective than other comparable base activities/control measures must be replaced or

improved upon by implementation of more effective base activities/control measures.

4.3 Annual Reports

4.3.1 Submission Deadlines - According to the schedule in Table 4-2: Submission Deadlines

for Annual Reports, and annually thereafter, the permittee must submit an Annual

Report for the previous twelve months to DEC at the address in Part 4.5. The Annual

Report must clearly refer to the permit requirements and describe in quantifiable terms

the status of activities undertaken to comply with each requirement. In addition, copies

of all Annual Reports must be available to the public through the municipal library

system, a permittee-maintained website, or other easily accessible location.

Table 4-2: Submission Deadlines for Annual Reports Reporting Period Submission

Deadline

1st year Annual Report (permit issuance date – December 2019) February 15, 2020

2nd year Annual Report (January 1, 2020 – December 31, 2020) February 15, 2021

3rd year Annual Report (January 1, 2021 – December 31, 2021) February 15, 2022

4th year Annual Report (January 1, 2022 – December 31, 2022) February 15, 2023

5th year Annual Report (January 1, 2023 – permit expiration date1) February 15, 2024 Note:

1. Unless the permit is extended to or past December 31, 2023; in that case use December 31,

2023. Subsequent reporting periods will follow similar format for the calendar year with

submission deadline of February 15th the following year.

4.3.2 Summary Annual Report – The permittee must use the MS4 – Summary Annual

Report template in Appendix D to document a summary of the past year’s activities. All

of the information required on this form must be submitted.


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4.3.3 Detailed Annual Report – The permittee must also submit a detailed Annual Report

that addresses the activities described in the SWMP document required in Part 2.0. The

Annual Report must include, at a minimum:

4.3.3.1 An updated SWMP document as required in Part 2.0.

4.3.3.2 A description of the effectiveness of each SWMP program component or activity

(see Part 4.2).

4.3.3.3 Planned activities and changes for the next reporting period for each SWMP

program component or activity.

4.3.3.4 An evaluation of compliance with the requirements of this permit, the

appropriateness of identified BMPs, and progress toward achieving identified

measurable goals of the SWMP for each minimum control measure.

4.3.3.5 Results of any information collected and analyzed during the previous twelve

month reporting period, including monitoring data used to assess the success of the

program at reducing the discharge of pollutants to the maximum extent

practicable.

4.3.3.6 A summary of the activities the permittee plans to undertake during the next

reporting cycle (including an implementation schedule) for each minimum control

measure.

4.3.3.7 Proposed changes and completed changes to the SWMP, including changes to any

BMPs or any identified measurable goals for any minimum control measures.

4.3.3.8 Description and schedule for implementation of additional BMPs that may be

necessary, based on monitoring results, to ensure compliance with applicable

WQS.

4.3.3.9 Notice if the permittee is relying on another entity to satisfy some of the permit

obligations, if applicable.

4.4 Recordkeeping

4.4.1 Retention of Records: The permittee must retain records and copies of all information

(including all monitoring, calibration and maintenance records and all original strip chart

recordings for any continuous monitoring instrumentation, copies of all reports required

by this permit, copies of DMRs, a copy of the APDES 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, or for the term of this permit,

whichever is longer. This period may be extended at the request of the DEC at any time.

Records include all information used in the development of the storm water management

program, all monitoring data, copies of all reports, and all data used in the development

of the permit application.


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4.4.2 Availability of Records: The permittee must retain the SWMP required by this permit

(including a copy of the permit language and all Annual Reports) at a location accessible

to the DEC. The permittee must make records, including the permit application and the

SWMP, available to the public if requested to do so in writing and make those records

available during normal business hours. The permittee may charge the public a

reasonable fee for copying requests.

4.4.3 Electronic Reporting (E-Reporting) Rule

4.4.3.1 E-Reporting Rule for DMRs (Phase I). If a permittee is required to submit a DMR, the

permittee must submit DMR data electronically through Network Discharge

Monitoring Report (NetDMR) per Phase I of the E-Reporting Rule (40 CFR §127)

upon the effective date of the Permit. Authorized persons may access permit

information by logging into the NetDMR Portal (https://cdxnodengn.epa.gov/oeca-

netdmr-web/action/login). DMRs submitted in compliance with the E-Reporting Rule

are not required to be submitted as described in Appendix A – Standard Conitions

unless requested or approved by the Department. Any DMR data required by the

Permit that cannot be reported in a NetDMR field (e.g., mixing zone receiving water

data, etc.), shall be included as an attachment to the NetDMR submittal. DEC has

established a website at http://dec.alaska.gov/water/Compliance/EReporting Rule.htm

that contains general information about this new reporting format. Training materials

and webinars for NetDMR can be found at https://netdmr.zendesk.com/home.

4.4.3.2 E-Reporting Rule for Other Reports (Phase II). Phase II of the E-Reporting Rule will

integrate electronic reporting for all other reports required by the Permit (e.g., Annual

Reports and Certifications) and implementation is expected to begin December 2020.

Permittees should monitor DEC’s E-Reporting Information website

(http://dec.alaska.gov/water/Compliance/EReportingRule.htm) for updates on Phase II

of the E-Reporting Rule and will be notified when they must begin submitting all

other reports electronically. Until such time, other reports required by the Permit may

be submitted in accordance with Appendix A – Standard Conditions.

4.5 Address

Submittals required by this permit must be made to the address specified in Appendix A, Part

1.1.2 Compliance and Enforcement Program.

https://cdxnodengn.epa.gov/oeca-netdmr-web/action/login

https://cdxnodengn.epa.gov/oeca-netdmr-web/action/login

http://dec.alaska.gov/water/Compliance/EReporting%20Rule.htm

https://netdmr.zendesk.com/home

http://dec.alaska.gov/water/Compliance/EReportingRule.htm

September 2011

APPENDIX A

STANDARD CONDITIONS

APDES PERMIT

NONDOMESTIC DISCHARGES


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APPENDIX - A Standard Conditions

1.0 Standard Conditions Applicable to All Permits .................................................. A-1

1.1 Contact Information and Addresses ............................................................................................ A-1

1.2 Duty to Comply........................................................................................................................... A-2

1.3 Duty to Reapply .......................................................................................................................... A-2

1.4 Need to Halt or Reduce Activity Not a Defense ......................................................................... A-2

1.5 Duty to Mitigate .......................................................................................................................... A-2

1.6 Proper Operation and Maintenance ............................................................................................ A-2

1.7 Permit Actions ............................................................................................................................ A-2

1.8 Property Rights ........................................................................................................................... A-3

1.9 Duty to Provide Information ....................................................................................................... A-3

1.10 Inspection and Entry ................................................................................................................... A-3

1.11 Monitoring and Records ............................................................................................................. A-3

1.12 Signature Requirement and Penalties ......................................................................................... A-4

1.13 Proprietary or Confidential Information ..................................................................................... A-6

1.14 Oil and Hazardous Substance Liability....................................................................................... A-6

1.15 Cultural and Paleontological Resources ..................................................................................... A-6

1.16 Fee ............................................................................................................................................... A-7

1.17 Other Legal Obligations .............................................................................................................. A-7

2.0 Special Reporting Obligations ............................................................................... A-7

2.1 Planned Changes ......................................................................................................................... A-7

2.2 Anticipated Noncompliance........................................................................................................ A-7

2.3 Transfers ..................................................................................................................................... A-7

2.4 Compliance Schedules ................................................................................................................ A-8

2.5 Corrective Information................................................................................................................ A-8

2.6 Bypass of Treatment Facilities.................................................................................................... A-8

2.7 Upset Conditions ......................................................................................................................... A-9

2.8 Existing Manufacturing, Commercial, Mining, and Silvicultural Discharges............................ A-9

3.0 Monitoring, Recording, and Reporting Requirements ..................................... A-10

3.1 Representative Sampling .......................................................................................................... A-10

3.2 Reporting of Monitoring Results .............................................................................................. A-10

3.3 Additional Monitoring by Permittee ......................................................................................... A-10

3.4 Twenty-four Hour Reporting .................................................................................................... A-10

3.5 Other Noncompliance Reporting .............................................................................................. A-12

4.0 Penalties for Violations of Permit Conditions ................................................... A-12

4.1 Civil Action ............................................................................................................................... A-12

4.2 Injunctive Relief........................................................................................................................ A-12

4.3 Criminal Action ........................................................................................................................ A-13

4.4 Other Fines ................................................................................................................................ A-13


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Appendix A of the permit contains standard regulatory language that must be included in all APDES

permits. These requirements are based on the regulations and cannot be challenged in the context of an

individual APDES permit action. The standard regulatory language covers requirements such as

monitoring, recording, reporting requirements, compliance responsibilities, and other general

requirements. Appendix A, Standard Conditions is an integral and enforceable part of the permit. Failure

to comply with a Standard Condition in this Appendix constitutes a violation of the permit and is subject

to enforcement.

1.0 Standard Conditions Applicable to All Permits

1.1 Contact Information and Addresses

1.1.1 Permitting Program

Documents, reports, and plans required under the permit and Appendix A are to be sent to

the following address:

State of Alaska


Division of Water


555 Cordova Street

Anchorage, Alaska 99501

Telephone (907) 269-6285

Fax (907) 269-3487

Email: [email protected]

1.1.2 Compliance and Enforcement Program

Documents and reports required under the permit and Appendix A relating to compliance

are to be sent to the following address:

State of Alaska


Division of Water

Compliance and Enforcement Program

555 Cordova Street

Anchorage, Alaska 99501

Telephone Nationwide (877) 569-4114

Anchorage Area / International (907) 269-4114

Fax (907) 269-4604

Email: [email protected]


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1.2 Duty to Comply

A permittee shall comply with all conditions of the permittee’s APDES permit. Any permit

noncompliance constitutes a violation of 33 U.S.C. 1251-1387 (Clean Water Act) and state

law and is grounds for enforcement action including termination, revocation and reissuance, or

modification of a permit, or denial of a permit renewal application. A permittee shall comply

with effluent standards or prohibitions established under 33 U.S.C. 1317(a) for toxic pollutants

within the time provided in the regulations that establish those effluent standards or

prohibitions even if the permit has not yet been modified to incorporate the requirement.

1.3 Duty to Reapply

If a permittee wishes to continue an activity regulated by this permit after its expiration date,

the permittee must apply for and obtain a new permit. In accordance with 18 AAC 83.105(b), a

permittee with a currently effective permit shall reapply by submitting a new application at

least 180 days before the existing permit expires, unless the Department has granted the

permittee permission to submit an application on a later date. However, the Department will

not grant permission for an application to be submitted after the expiration date of the existing

permit.

1.4 Need to Halt or Reduce Activity Not a Defense

In an enforcement action, a permittee may not assert as a defense that compliance with the

conditions of the permit would have made it necessary for the permittee to halt or reduce the

permitted activity.

1.5 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.

1.6 Proper Operation and Maintenance

1.6.1 A permittee shall at all times properly operate and maintain all facilities and systems of

treatment and control and related appurtenances that the permittee installs or uses to

achieve compliance with the conditions of the permit. The permittee’s duty to operate

and maintain properly includes using adequate laboratory controls and appropriate

quality assurance procedures. However, a permittee is not required to operate back-up or

auxiliary facilities or similar systems that a permittee installs unless operation of those

facilities is necessary to achieve compliance with the conditions of the permit.

1.6.2 Operation and maintenance records shall be retained and made available at the site.

1.7 Permit Actions

A permit may be modified, revoked and reissued, or terminated for cause as provided in

18 AAC 83.130. If a permittee files a request to modify, revoke and reissue, or terminate a


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permit, or gives notice of planned changes or anticipated noncompliance, the filing or notice

does not stay any permit condition.

1.8 Property Rights

A permit does not convey any property rights or exclusive privilege.

1.9 Duty to Provide Information

A permittee shall, within a reasonable time, provide to the Department any information that the

Department requests to determine whether a permittee is in compliance with the permit, or

whether cause exists to modify, revoke and reissue, or terminate the permit. A permittee shall

also provide to the Department, upon request, copies of any records the permittee is required to

keep under the permit.

1.10 Inspection and Entry

A permittee shall allow the Department, or an authorized representative, including a contractor

acting as a representative of the Department, at reasonable times and on presentation of

credentials establishing authority and any other documents required by law, to:

1.10.1 Enter the premises where a permittee’s regulated facility or activity is located or

conducted, or where permit conditions require records to be kept;

1.10.2 Have access to and copy any records that permit conditions require the permittee to

keep;

1.10.3 Inspect any facilities, equipment, including monitoring and control equipment, practices,

or operations regulated or required under a permit; and

1.10.4 Sample or monitor any substances or parameters at any location for the purpose of

assuring permit compliance or as otherwise authorized by 33 U.S.C. 1251-1387 (Clean

Water Act).

1.11 Monitoring and Records

A permittee must comply with the following monitoring and recordkeeping conditions:

1.11.1 Samples and measurements taken for the purpose of monitoring must be representative

of the monitored activity.

1.11.2 The permittee shall retain records in Alaska of all monitoring information for at least

three years, or longer at the Department’s request at any time, from the date of the

sample, measurement, report, or application. Monitoring records required to be kept

include:

1.11.2.1 All calibration and maintenance records,

1.11.2.2 All original strip chart recordings or other forms of data approved by the

Department for continuous monitoring instrumentation,

1.11.2.3 All reports required by a permit,


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1.11.2.4 Records of all data used to complete the application for a permit,

1.11.2.5 Field logbooks or visual monitoring logbooks,

1.11.2.6 Quality assurance chain of custody forms,

1.11.2.7 Copies of discharge monitoring reports, and

1.11.2.8 A copy of this APDES permit.

1.11.3 Records of monitoring information must include:

1.11.3.1 The date, exact place, and time of any sampling or measurement;

1.11.3.2 The name(s) of any individual(s) who performed the sampling or measurement(s);

1.11.3.3 The date(s) and time any analysis was performed;

1.11.3.4 The name(s) of any individual(s) who performed any analysis;

1.11.3.5 Any analytical technique or method used; and

1.11.3.6 The results of the analysis.

1.11.4 Monitoring Procedures

Analyses of pollutants must be conducted using test procedures approved under

40 CFR Part 136, adopted by reference at 18 AAC 83.010, for pollutants with approved test

procedures, and using test procedures specified in the permit for pollutants without

approved methods.

1.12 Signature Requirement and Penalties

1.12.1 Any application, report, or information submitted to the Department in compliance with

a permit requirement must be signed and certified in accordance with 18 AAC 83.385.

Any person who knowingly makes any false material statement, representation, or

certification in any application, record, report, or other document filed or required to be

maintained under a permit, or who knowingly falsifies, tampers with, or renders

inaccurate any monitoring device or method required to be maintained under this permit

shall, upon conviction, be subject to penalties under 33 U.S.C. 1319(c)(4),

AS 12.55.035(c)(1)(B), (c)(2) and (c)(3), and AS 46.03.790(g).

1.12.2 In accordance with 18 AAC 83.385, an APDES permit application must be signed as

follows:

1.12.2.1 For a corporation, a responsible corporate officer shall sign the application; in this

subsection, a responsible corporate officer means:

1.12.2.1.1 A president, secretary, treasurer, or vice-president of the corporation in

charge of a principal business function, or any other person who performs

similar policy- or decision-making functions for the corporation; or

1.12.2.1.2 The manager of one of more manufacturing, production, or operating

facilities, if


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1.12.2.1.2.1 The manager is authorized to make management decisions that govern

the operation of the regulated facility, including having the explicit or

implicit duty of making major capital investment recommendations, and

initiating and directing other comprehensive measures to assure long

term environmental compliance with environmental statutes and

regulations;

1.12.2.1.2.2 The manager can ensure that the necessary systems are established or

actions taken to gather complete and accurate information for permit

application requirements; and

1.12.2.1.2.3 Authority to sign documents has been assigned or delegated to the

manager in accordance with corporate procedures.

1.12.2.2 For a partnership or sole proprietorship, by the general partner or the proprietor,

respectively, shall sign the application.

1.12.2.3 For a municipality, state, federal, or other public agency, either a principal

executive officer or ranking elected official shall sign the application; in this

subsection, a principal executive officer of an agency means:

1.12.2.3.1 The chief executive officer of the agency; or

1.12.2.3.2 A senior executive officer having responsibility for the overall operations of a

principal geographic unit or division of the agency.

1.12.2.4 Any report required by an APDES permit, and a submittal with any other

information requested by the Department, must be signed by a person described in

Appendix A, Part 1.12.2, or by a duly authorized representative of that person. A

person is a duly authorized representative only if:

1.12.2.5 The authorization is made in writing by a person described in Appendix A, Part

1.12.2;

1.12.2.6 The authorization specifies either an individual or a position having responsibility

for the overall operation of the regulated facility or activity, including the position

of plant manager, operator of a well or a well field, superintendent, or position of

equivalent responsibility; or an individual or position having overall responsibility

for environmental matters for the company; and

1.12.2.7 The written authorization is submitted to the Department to the Permitting

Program address in Appendix A, Part 1.1.1.

1.12.3 If an authorization under Appendix A, Part 1.12.2.4 is no longer effective because a

different individual or position has responsibility for the overall operation of the facility,

a new authorization satisfying the requirements of Appendix A, Part 1.12.2.4 must be

submitted to the Department before or together with any report, information, or

application to be signed by an authorized representative.

1.12.4 Any person signing a document under Appendix A, Part 1.12.2 or Part 1.12.2.4 shall

certify as follows:


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"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."

1.13 Proprietary or Confidential Information

1.13.1 A permit applicant or permittee may assert a claim of confidentiality for proprietary or

confidential business information by stamping the words “confidential business

information” on each page of a submission containing proprietary or confidential

business information. The Department will treat the stamped submissions as confidential

if the information satisfies the test in 40 CFR §2.208, adopted by reference at

18 AAC 83.010, and is not otherwise required to be made public by state law.

1.13.2 A claim of confidentiality under Appendix A, Part 1.13.1 may not be asserted for the

name and address of any permit applicant or permittee, a permit application, a permit,

effluent data, sewage sludge data, and information required by APDES or NPDES

application forms provided by the Department, whether submitted on the forms

themselves or in any attachments used to supply information required by the forms.

1.13.3 A permittee’s claim of confidentiality authorized under Appendix A, Part 1.13.1 is not

waived if the Department provides the proprietary or confidential business information

to the EPA or to other agencies participating in the permitting process. The Department

will supply any information obtained or used in the administration of the state APDES

program to the EPA upon request under 40 CFR §123.41, as revised as of July 1, 2005.

When providing information submitted to the Department with a claim of confidentiality

to the EPA, the Department will notify the EPA of the confidentiality claim. If the

Department provides the EPA information that is not claimed to be confidential, the

EPA may make the information available to the public without further notice.

1.14 Oil and Hazardous Substance Liability

Nothing in this permit shall be construed to preclude the institution of any action or relieve a

permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be

subject to under state laws addressing oil and hazardous substances.

1.15 Cultural and Paleontological Resources

If cultural or paleontological resources are discovered because of this disposal activity, work

that would disturb such resources is to be stopped, and the Office of History and Archaeology,

a Division of Parks and Outdoor Recreation of the Alaska Department of Natural Resources

(http://www.dnr.state.ak.us/parks/oha/), is to be notified immediately at (907) 269-8721.


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1.16 Fee

A permittee must pay the appropriate permit fee described in 18 AAC 72.

1.17 Other Legal Obligations

This permit does not relieve the permittee from the duty to obtain any other necessary permits

from the Department or from other local, state, or federal agencies and to comply with the

requirements contained in any such permits. All activities conducted and all plan approvals

implemented by the permittee pursuant to the terms of this permit shall comply with all

applicable local, state, and federal laws and regulations.

2.0 Special Reporting Obligations

2.1 Planned Changes

2.1.1 The permittee shall give notice to the Department as soon as possible of any planned

physical alteration or addition to the permitted facility if:

2.1.1.1 The alteration or addition may make the facility a “new source” under one or more

of the criteria in 18 AAC 83.990(44); or

2.1.1.2 The alteration or addition could significantly change the nature or increase the

quantity of pollutants discharged if those pollutants are not subject to effluent

limitations in the permit or to notification requirements under 18 AAC 83.610.

2.1.2 If the proposed changes are subject to plan review, then the plans must be submitted at

least 30 days before implementation of changes (see 18 AAC 15.020 and 18 AAC 72 for

plan review requirements). Written approval is not required for an emergency repair or

routine maintenance.

2.1.3 Written notice must be sent to the Permitting Program address in Appendix A, Part

1.1.1.

2.2 Anticipated Noncompliance

2.2.1 A permittee shall give seven days’ notice to the Department before commencing any

planned change in the permitted facility or activity that may result in noncompliance

with permit requirements.

2.2.2 Written notice must be sent to the Compliance and Enforcement Program address in

Appendix A, Part 1.1.2.

2.3 Transfers

2.3.1 A permittee may not transfer a permit for a facility or activity to any person except after

notice to the Department in accordance with 18 AAC 83.150. The Department may

modify or revoke and reissue the permit to change the name of the permittee and

incorporate such other requirements under 33 U.S.C. 1251-1387 (Clean Water Act) or

state law.


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2.3.2 Written notice must be sent to the Permitting Program address in Appendix A, Part

1.1.1.

2.4 Compliance Schedules

2.4.1 A permittee must submit progress or compliance reports on interim and final

requirements in any compliance schedule of a permit no later than 14 days following the

scheduled date of each requirement.

2.4.2 Written notice must be sent to the Compliance and Enforcement Program address in

Appendix A, Part 1.1.2.

2.5 Corrective Information

2.5.1 If a permittee becomes aware that it failed to submit a relevant fact in a permit

application or submitted incorrect information in a permit application or in any report to

the Department, the permittee shall promptly submit the relevant fact or the correct

information.

2.5.2 Information must be sent to the Permitting Program address in Appendix A, Part 1.1.1.

2.6 Bypass of Treatment Facilities

2.6.1 Prohibition of Bypass

Bypass is prohibited. The Department may take enforcement action against a permittee for

any bypass, unless:

2.6.1.1 The bypass was unavoidable to prevent loss of life, personal injury, or severe

property damage;

2.6.1.2 There were no feasible alternatives to the bypass, including use of auxiliary

treatment facilities, retention of untreated wastes, or maintenance during normal

periods of equipment downtime. However, this condition is not satisfied if the

permittee, in the exercise of reasonable engineering judgment, should have

installed adequate back-up equipment to prevent a bypass that occurred during

normal periods of equipment downtime or preventive maintenance; and

2.6.1.3 The permittee provides notice to the Department of a bypass event in the manner,

as appropriate, under Appendix A, Part 2.6.2.

2.6.2 Notice of bypass

2.6.2.1 For an anticipated bypass, the permittee submits notice at least 10 days before the

date of the bypass. The Department may approve an anticipated bypass, after

considering its adverse effects, if the Department determines that it will meet the

conditions of Appendix A, Parts 2.6.1.1 and 2.6.1.2.

2.6.2.2 For an unanticipated bypass, the permittee submits 24-hour notice, as required in

18 AAC 83.410(f) and Appendix A, Part 3.4, Twenty-four Hour Reporting.


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2.6.2.3 Written notice must be sent to the Compliance and Enforcement Program address

in Appendix A, Part 1.1.2.

2.6.3 Notwithstanding Appendix A, Part 2.6.1, a permittee may allow a bypass that:

2.6.3.1 Does not cause an effluent limitation to be exceeded, and

2.6.3.2 Is for essential maintenance to assure efficient operation.

2.7 Upset Conditions

2.7.1 In any enforcement action for noncompliance with technology-based permit effluent

limitations, a permittee may claim upset as an affirmative defense. A permittee seeking

to establish the occurrence of an upset has the burden of proof to show that the

requirements of Appendix A, Part 2.7.2 are met.

2.7.2 To establish the affirmative defense of upset, the permittee must demonstrate, through

properly signed, contemporaneous operating logs or other relevant evidence that:

2.7.2.1 An upset occurred and the permittee can identify the cause or causes of the upset;

2.7.2.2 The permitted facility was at the time being properly operated;

2.7.2.3 The permittee submitted 24-hour notice of the upset, as required in 18 AAC

83.410(f) and Appendix A, Part 3.4, Twenty-four Hour Reporting; and

2.7.2.4 The permittee complied with any mitigation measures required under

18 AAC 83.405(e) and Appendix A, Part 1.5, Duty to Mitigate.

2.7.3 Any determination made in administrative review of a claim that noncompliance was

caused by upset, before an action for noncompliance is commenced, is not final

administrative action subject to judicial review.

2.8 Existing Manufacturing, Commercial, Mining, and Silvicultural Discharges

2.8.1 In addition to the reporting requirements under 18 AAC 83.410, an existing

manufacturing, commercial, mining, and silvicultural discharger shall notify the

Department as soon as that discharger knows or has reason to believe that any activity

has occurred or will occur that would result in:

2.8.1.1 The discharge, on a routine or frequent basis, of any toxic pollutant that is not

limited in the permit, if that discharge will exceed the highest of the following

notification levels:

2.8.1.1.1 One hundred micrograms per liter (100 μg/L);

2.8.1.1.2 Two hundred micrograms per liter (200 μg/L) for acrolein and acrylonitrile,

500 micrograms per liter (500 μg/L) for 2,4-dinitrophenol and for 2-methyl-

4,6-dinitrophenol, and one milligram per liter (1 mg/L) for antimony;

2.8.1.1.3 Five times the maximum concentration value reported for that pollutant in the

permit application in accordance with 18 AAC 83.310(c)-(g); or

2.8.1.1.4 The level established by the Department in accordance with 18 AAC 83.445.


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2.8.1.2 Any discharge, on a non-routine or infrequent basis, of a toxic pollutant that is not

limited in the permit, if that discharge will exceed the highest of the following

notification levels:

2.8.1.2.1 Five hundred micrograms per liter (500 μg/L);

2.8.1.2.2 One milligram per liter (1 mg/L) for antimony;

2.8.1.2.3 Ten times the maximum concentration value reported for that pollutant in the

permit application in accordance with 18 AAC 83.310(c)-(g); or

2.8.1.2.4 The level established by the Department in accordance with 18 AAC 83.445.

3.0 Monitoring, Recording, and Reporting Requirements

3.1 Representative Sampling

A permittee must collect effluent samples from the effluent stream after the last treatment unit

before discharge into the receiving waters. Samples and measurements must be representative

of the volume and nature of the monitored activity or discharge.

3.2 Reporting of Monitoring Results

The permittee shall summarize monitoring results on the annual report form or approved

equivalent. The permittee shall submit its annual report at the interval specified in the permit.

The permittee shall sign and certify all annual reports and other reports in accordance with the

requirements of Appendix A, Part 1.12, Signature Requirement and Penalties. The permittee

shall submit the legible originals of these documents to the ADEC Compliance and

Enforcement Program at the address in Appendix A, Part 1.1.2.

3.3 Additional Monitoring by Permittee

If the permittee monitors any pollutant more frequently than the permit requires using test

procedures approved in 40 CFR Part 136, adopted by reference at 18 AAC 83.010, or as

specified in this permit, the results of that additional monitoring must be included in the

calculation and reporting of the data submitted in the DMR or annual report required by

Appendix A, Part 3.2. All limitations that require averaging of measurements must be

calculated using an arithmetic means unless the Department specifies another method in the

permit. Upon request by the Department, the permittee must submit the results of any other

sampling and monitoring regardless of the test method used.

3.4 Twenty-four Hour Reporting

A permittee shall report any noncompliance event that may endanger health or the

environment as follows:

3.4.1 A report must be made:

3.4.1.1 Orally within 24 hours after the permittee becomes aware of the circumstances,

and


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3.4.1.2 In writing within five days after the permittee becomes aware of the

circumstances.

3.4.2 A report must include the following information:

3.4.2.1 A description of the noncompliance and its causes, including the estimated volume

or weight and specific details of the noncompliance;

3.4.2.2 The period of noncompliance, including exact dates and times;

3.4.2.3 If the noncompliance has not been corrected, a statement regarding the anticipated

time the noncompliance is expected to continue; and

3.4.2.4 Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the

noncompliance.

3.4.3 An event that must be reported within 24 hours includes:

3.4.3.1 An unanticipated bypass that exceeds any effluent limitation in the permit (see

Appendix A, Part 2.6, Bypass of Treatment Facilities).

3.4.3.2 An upset that exceeds any effluent limitation in the permit (see Appendix A, Part

2.7, Upset Conditions).

3.4.3.3 A violation of a maximum daily discharge limitation for any of the pollutants

listed in the permit as requiring 24-hour reporting.

3.4.4 The Department may waive the written report on a case-by-case basis for reports under

Appendix A, Part 3.4 if the oral report has been received within 24 hours of the

permittee becoming aware of the noncompliance event.

3.4.5 The permittee may satisfy the written reporting submission requirements of Appendix A,

Part 3.4 by submitting the written report via e-mail, if the following conditions are met:

3.4.5.1 The Noncompliance Notification Form or equivalent form is used to report the

noncompliance;

3.4.5.2 The written report includes all the information required under Appendix A, Part

3.4.2;

3.4.5.3 The written report is properly certified and signed in accordance with Appendix A,

Parts 1.12.2.4 and 1.12.4;

3.4.5.4 The written report is scanned as a PDF (portable document format) document and

transmitted to the Department as an attachment to the e-mail; and

3.4.5.5 The permittee retains in the facility file the original signed and certified written

report and a printed copy of the conveying email.

3.4.6 The e-mail and PDF written report will satisfy the written report submission

requirements of this permit provided the e-mail is received by the Department within

five days after the time the permittee becomes aware of the noncompliance event and the

e-mail and written report satisfy the criteria of Part 3.4.5. The e-mail address to report

noncompliance is: [email protected].


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3.5 Other Noncompliance Reporting

A permittee shall report all instances of noncompliance not required to be reported under

Appendix A, Parts 2.4 (Compliance Schedules), 3.3 (Additional Monitoring by Permittee), and

3.4 (Twenty-four Hour Reporting) at the time the permittee submits monitoring reports under

Appendix A, Part 3.2. (Reporting of Monitoring Results). A report of noncompliance under

this part must contain the information listed in Appendix A, Part 3.4.2 and be sent to the

Compliance and Enforcement Program address in Appendix A, Part 1.1.2.

4.0 Penalties for Violations of Permit Conditions

Alaska laws allow the State to pursue both civil and criminal actions concurrently. The following is a

summary of Alaska law. Permittees should read the applicable statutes for further substantive and

procedural details.

4.1 Civil Action

Under AS 46.03.760(e), a person who violates or causes or permits to be violated a regulation,

a lawful order of the Department, or a permit, approval, or acceptance, or term or condition of

a permit, approval or acceptance issued under the program authorized by AS 46.03.020 (12) is

liable, in a civil action, to the State for a sum to be assessed by the court of not less than $500

nor more than $100,000 for the initial violation, nor more than $10,000 for each day after that

on which the violation continues, and that shall reflect, when applicable:

4.1.1 Reasonable compensation in the nature of liquated damages for any adverse

environmental effects caused by the violation, that shall be determined by the court

according to the toxicity, degradability, and dispersal characteristics of the substance

discharged, the sensitivity of the receiving environment, and the degree to which the

discharge degrades existing environmental quality;

4.1.2 Reasonable costs incurred by the State in detection, investigation, and attempted

correction of the violation;

4.1.3 The economic savings realized by the person in not complying with the requirements for

which a violation is charged; and

4.1.4 The need for an enhanced civil penalty to deter future noncompliance.

4.2 Injunctive Relief

4.2.1 Under AS 46.03.820, the Department can order an activity presenting an imminent or

present danger to public health or that would be likely to result in irreversible damage to

the environment be discontinued. Upon receipt of such an order, the activity must be

immediately discontinued.

4.2.2 Under AS 46.03.765, the Department can bring an action in Alaska Superior Court

seeking to enjoin ongoing or threatened violations for Department-issued permits and

Department statutes and regulations.


P a g e | A-13

4.3 Criminal Action

Under AS 46.03.790(h), a person is guilty of a Class A misdemeanor if the person negligently:

4.3.1 Violates a regulation adopted by the Department under AS 46.03.020(12);

4.3.2 Violates a permit issued under the program authorized by AS 46.03.020(12);

4.3.3 Fails to provide information or provides false information required by a regulation

adopted under AS 46.03.020(12);

4.3.4 Makes a false statement, representation, or certification in an application, notice, record,

report, permit, or other document filed, maintained, or used for purposes of compliance

with a permit issued under or a regulation adopted under AS 46.03.020(12); or

4.3.5 Renders inaccurate a monitoring device or method required to be maintained by a permit

issued or under a regulation adopted under AS 46.03.020(12).

4.4 Other Fines

Upon conviction of a violation of a regulation adopted under AS 46.03.020(12), a defendant

who is not an organization may be sentenced to pay a fine of not more than $10,000 for each

separate violation (AS 46.03.790(g)). A defendant that is an organization may be sentenced to

pay a fine not exceeding the greater of: (1) $200,00; (2) three times the pecuniary gain realized

by the defendant as a result of the offense; or (3) three times the pecuniary damage or loss

caused by the defendant to another, or the property of another, as a result of the offense

(AS 12.55.035(c)(B), (c)(2), and (c)(3)).


P a g e | B-1

APPENDIX - B Acronyms (for the purposes of this permit)

Abbreviations Nomenclature

673d CES/

CEANQ

673d Civil Engineering Squadron/Civil Engineering Asset Natural Resource

Quality

AAC Alaska Administrative Code

ACGP Alaska Construction General Permit

ADOT&PF Alaska Department of Transportation and Public Facilities

AK-CESCL Alaska-Certified Erosion and Sediment Control Lead

AMH Aurora Military Housing

APDES Alaska Pollutant Discharge Elimination System

AS Alaska Statute

BMP Best Management Practice

CAG Community Advisory Group

CAM Construction Activity Manual

C&D Construction and Development

CFR Code of Federal Regulations

CWA Clean Water Act

DEC Alaska Department of Environmental Conservation

DMR Discharge Monitoring Report

DO Dissolved Oxygen

DoD Department of Defense

EFH Essential Fish Habitat

EISA Energy Independence and Security Act

ELG Effluent Limitation Guideline

EPA United States Environmental Protection Agency

ESCP Erosion and Sediment Control Plan

JBER Joint Base Elmendorf-Richardson

LID Low Impact Development

MS4 Municipal Separate Storm Sewer System

MSGP Multi-Sector General Permit

NMFS United States National Marine Fisheries Service

NOAA National Oceanic and Atmospheric Administration

NOI Notice of Intent

NPDES National Pollutant Discharge Elimination System


P a g e | B-2

Abbreviations Nomenclature

NTU Nephelometric Turbidity Units

NURP Nationwide Urban Runoff Program

PCAM Post-Construction Activity Manual

POA Port of Anchorage

QA/QC Quality Assurance/Quality Control

QAPP Quality Assurance Project Plan

SPCC Spill Prevention, Control, and Countermeasure

SWMP Storm Water Management Program

SWPPP Storm Water Pollution Prevention Plan

TMDL Total Maximum Daily Load

TSS Total Suspended Solids

U.S.C. United States Code

USFWS United States Fish and Wildlife Service

WQS Water Quality Standard


P a g e | C-1

APPENDIX - C Definitions (for the purpose of this permit)

Word or Phrase Definition

Annually Means the reporting period covered by the annual report period specified in

the permit

Best Management

Practice or BMP

Means schedules of activities, prohibitions of practices, maintenance

procedures, and other management practices to prevent or reduce the

pollution of waters of the United States. BMPs also include treatment

requirements, operating procedures, and practices to control runoff, spillage

or leaks, sludge or waste disposal, or drainage from raw material storage.

Control Measure For the purposes of this permit, means any Best Management Practice or

other method used to prevent or reduce the discharge of pollutants to waters

of the United States.

Clean Water Act Means the Clean Water Act (formerly referred to as the Federal Water

Pollution Control Act or the Federal Water Pollution Control Act

Amendments of 1972) Pub.L. 92-500 as amended by Pub.L 95-217, Pub.L

95-576, pub.L. 96-483 and Pub.L. 97-117, 33 U.S.C. 1251 et seq.

Discharge When used without a qualifier, refers to “discharge of a pollutant” as

defined at 40 CFR §122.2.

Discharge of Storm

Water Associated with

Construction Activity

For the purposes of this permit, refers to a discharge of pollutants in storm

water runoff from areas where soil disturbing activities (e.g., clearing,

grading, or excavation), construction materials or equipment storage or

maintenance (e.g., fill piles, borrow areas, concrete truck washout, fueling)

or other industrial storm water directly related to the construction process

are located. (See 40 CFR §122.26(b)(14)(x) and 40 CFR §122.26(b)(15) for

the two regulatory definitions of storm water associated with construction

sites.)

Discharge of Storm

Water Associated with

Industrial Activity

Is defined at 40 CFR § 122.26(b)(14)

Discharge-related

Activities

For the purposes of this permit include: activities which cause, contribute to,

or result in storm water point source pollutant discharges and measures to

control storm water discharges, including the siting, construction, and

operation of best management practices to control, reduce or prevent storm

water pollution.


P a g e | C-2


Discharge Monitoring

Report or DMR

Means the EPA uniform national form, including any subsequent additions,

revisions or modification for the reporting of self monitoring results by

permittees. See 40 CFR §122.2.

Facility or Activity Means any NPDES point source or any other facility or activity (including

land or appurtenances thereto) that is subject to regulation under the NPDES

or APDES program.

Illicit Connection Means any man-made conveyance connecting an illicit discharge directly to

a municipal separate storm sewer.

Illicit Discharge Defined at 40 CFR §122.26(b)(2) and refers to any discharge to a municipal

separate storm sewer that is not entirely composed of storm water, except

discharges authorized under an NPDES permit (other than the NPDES

permit for discharges from the MS4) and discharges resulting from fire

fighting activities.

Industrial Activity For the purposes of this permit, refers to the eleven categories of industrial

activities included in the definition of discharges of storm water associated

with industrial activity at 40 CFR§ 122.26(b)(14).

Industrial Storm

Water

For the purposes of this permit, refers to storm water runoff associated with

the definition of discharges of storm water associated with industrial

activity.

Maximum Extent

Practicable

Means the technology-based discharge standard for municipal separate

storm sewer systems to reduce pollutants in storm water discharges that was

established by CWA §402(p). A discussion of MEP as it applies to small

MS4s is found at 40 CFR §122.34.

Measurable Goal Means a quantitative measure of progress in implementing a component of

the storm water management program.

Municipal Separate

Storm Sewer System

or MS4

Is used to refer to either a Large, Medium, or Small Municipal Separate

Storm Sewer System. The term, as used within the context of this permit,

refers to small MS4s (see definition below) and includes systems operated

by a variety of public entities (e.g., military facilities, prisons, and systems

operated by other levels of government).

Municipality Means a city, town, borough, county, parish, district, association, or other

public body created by or under State law and having jurisdiction over

disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or

an authorized Indian tribal organization, or a designated and approved

management agency under section 208 of the CWA.


P a g e | C-3


Municipal Separate

Storm Sewer

Means a conveyance or system of conveyances (including roads with

drainage systems, municipal streets, catch basins, curbs, gutters, ditches,

man-made channels, or storm drains): (i) Owned or operated by a State, city,

town, borough, county, parish, district, association, or other public body

(created by or pursuant to State law) having jurisdiction over disposal of

sewage, industrial wastes, storm water, or other wastes, including special

districts under State law such as a sewer district, flood control district or

drainage district, or similar entity, or an Indian tribe or an authorized Indian

tribal organization, or a designated and approved management agency under

section 208 of the CWA that discharges to waters of the United States; (ii)

Designed or used for collecting or conveying storm water; (iii) Which is not

a combined sewer; and (iv) Which is not part of a Publicly Owned

Treatment Works (POTW) as defined at 40 CFR §122.2.

National Pollutant

Discharge Elimination

System or NPDES

Means the national program for issuing, modifying, revoking and reissuing,

terminating, monitoring and enforcing permits, and imposing and enforcing

pretreatment requirements, under sections 307, 402, 318 and 405 of the

CWA. The term includes an approved program

Outfall For the purposes of this permit, means a point source (defined below) at the

point where a municipal separate storm sewer discharges to waters of the

United States and does not include open conveyances connecting two

municipal separate storm sewers or pipes, tunnels, or other conveyances

which connect segments of the same stream or other waters of the United

States and are used to convey waters of the United States.

Owner or Operator Means the owner or operator of any facility or activity subject to regulation

under the NPDES or APDES program.

Point Source Means any discernible, confined, and discrete conveyance, including but not

limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,

container, rolling stock, concentrated animal feeding operation, landfill

leachate collection system, vessel or other floating craft from which

pollutants are or may be discharged. This term does not include return flows

from irrigated agriculture or agricultural storm water runoff.

Pollutant Defined at 40 CFR §122.2. A partial listing from this definition includes:

dredged spoil, solid waste, sewage, garbage, sewage sludge, chemical

wastes, biological materials, heat, wrecked or discarded equipment, rock,

sand, cellar dirt, and industrial or municipal waste.


P a g e | C-4


Significant

Contributors of

Pollutants

Means any discharge that causes or could cause or contribute to a violation

of surface water quality standards.

Small Municipal

Separate Storm Sewer

System or Small MS4

Is defined at 40 CFR §122.26(b)(16) and refers to all separate storm sewers

that are owned or operated by the United States, A state, city, town,

borough, county, parish, district association, or other public body (created

by or pursuant to State law) having jurisdiction over disposal of sewage,

industrial wastes, storm water, or other wastes, including special districts

under State law such as a sewer district, flood control district or drainage

district, or similar entity, or an Indian tribe or an authorized Indian tribal

organization, or a designated and approved management agency under

section 208 of the CWA that discharges to waters of the United States, but is

not defined as large or medium municipal separate storm sewer system. This

term includes systems similar to separate storm sewer systems in

municipalities such as systems at military bases, large hospital or prison

complexes, and highways and other thoroughfares. The term does not

include separate storm sewers in very discrete areas such as individual

buildings.

Storm Water Is defined at 40 CFR §122.26(b)(13) and means storm water runoff, snow

melt runoff, and surface runoff and drainage.

Storm Water

Management Program

Refers to a comprehensive program to manage the quality of storm water

discharged from the municipal separate storm sewer system.

Total Maximum Daily

Load or TMDL

An analysis of pollutant loading to a body of water detailing the sum of the

individual waste load allocations for point sources and load allocations for

non-point sources and natural background. See 40 CFR §130.2.

Waters of the United

States

Has the meaning given in 18 AAC 83.990(77).

Wetlands Means those areas that are inundated or saturated by surface or groundwater

at a frequency and duration sufficient to support, and that under normal

circumstances do support, a prevalence of vegetation typically adapted for

life in saturated soil conditions. Wetlands generally include swamps,

marshes, bogs, and similar areas.


P a g e | D-1

APPENDIX - D Summary Annual Report Form

MS4 Permit – Summary Annual Report


MS4 – Summary Annual Report Form


1. MS4 Information

Name of MS4

Name of Contact Person (First) (Last) (Title)

Telephone (including area code) Email

Mailing Address

Alaska

State Zip Code City

What is the reporting period for this report? (mm/dd/yyyy) From to

2. Water Quality Priorities

A. Does your MS4 discharge to waters listed as impaired on a state 303(d) list? Yes No

B. If yes, identify each impaired water, the impairment, whether a TMDL has been approved by EPA for each,

and whether the TMDL assigns a wasteload allocation to your MS4. Use a new line for each impairment,

and attach additional pages as necessary.

Impaired Water Impairment Approved TMDL TMDL assigns

WLA to MS4

Yes No Yes No

Yes No Yes No

Yes No Yes No

Yes No Yes No

Yes No Yes No

Yes No Yes No

C. What specific sources contributing to the impairment(s) are you targeting in your storm water program?

D. Do you discharge to any high-quality waters (e.g., Tier 2, Tier 3, outstanding natural

resource waters, or other state or federal designation)? Yes No

E. Are you implementing additional specific provisions to ensure their continued

integrity? Yes No

3. Public Education and Public Participation

A. Is your public education program targeting specific pollutants and sources of those

pollutants? Yes No

What size population does your MS4 serve?

MS4 Permit – Summary Annual Report Page D-2

B. If yes, what are the specific sources and/or pollutants addressed by your public education program?

C. Note specific successful outcome(s) (e.g., quantified reduction in fertilizer use; NOT tasks, events,

publications) fully or partially attributable to your public education program during this reporting period.

D. Do you have an advisory committee or other body comprised of the public and other

stakeholders that provides regular input on your storm water program? Yes

No

4. Construction

A. Do you have an ordinance or other regulatory mechanism stipulating:

Erosion and sediment control requirements? Yes

No

Other construction waste control requirements? Yes

No

Requirement to submit construction plans for review? Yes

No

MS4 enforcement authority? Yes

No

B. Do you have written procedures for:

Reviewing construction plans? Yes

No

Performing inspections? Yes

No

Responding to violations? Yes

No

C. Identify the total number of active construction sites ≥ 1 acre in operation in your

jurisdiction during the reporting period.

D. How many of the sites identified in 4.C did you inspect during this reporting period?

E. Describe, on average, the frequency with which your program conducts construction site inspections.

F. Do you prioritize certain construction sites for more frequent inspections?

If Yes, based on what criteria?

Yes

No

G. Identify which of the following types of enforcement actions you used during the reporting period for

construction activities, indicate the number of actions, or note those for which you do not have authority:

Yes

Notice Of Violation # No Authority

Yes

Administrative Fines # No Authority

Yes

Stop Work Orders # No Authority

Yes

Civil Penalties # No Authority

Yes

Criminal Actions # No Authority

Yes

Administrative Orders # No Authority

Yes

Other #

H. Do you use an electronic tool (e.g., GIS, data base, spreadsheet) to track the locations,

inspection results, and enforcement actions of active construction sites in your

jurisdiction?

Yes

No

I. What are the 3 most common types of violations documented during this reporting period?

a. b. c.

J. How often do municipal employees receive training on the construction

program?


5. Illicit Discharge Elimination

A. Have you completed a map of all outfalls and receiving waters of your storm sewer

system? Yes

No

B. Have you completed a map of all storm drain pipes and other conveyances in the

storm sewer system? Yes

No

C. Identify the number of outfalls in your storm sewer system.

D. Do you have documented procedures, including frequency, for screening outfalls? Yes

No

E. Of the outfalls identified in 5.C, how many were screened for dry weather discharges

during this reporting period?

F. Of the outfalls identified in 5.C, how many have been screened for dry weather

discharges at any time since you obtained MS4 permit coverage?

G. What is your frequency for screening outfalls for illicit discharges? Describe any variation based on

size/type.

H. Do you have an ordinance or other regulatory mechanism that effectively prohibits

illicit discharges? Yes

No

I. Do you have an ordinance or other regulatory mechanism that provides authority for

you to take enforcement action and/or recover costs for addressing illicit discharges? Yes

No

J. During this reporting period, how many illicit discharges/illegal connections have you

discovered?

K. Of those illicit discharges/illegal connections that have been discovered or reported, how many

have been eliminated?

L. How often do municipal employees receive training on the illicit discharge program?

6. Storm Water Management for Municipal Operations

A. Have storm water pollution prevention plans (or an equivalent plan) been developed

for:

All public parks, ball fields, other recreational facilities and other open spaces Yes

No

All municipal fleet and building maintenance activities Yes

No

All municipal construction activities, including those disturbing greater than 1

acre Yes

No

All municipal storm water system maintenance Yes

No

All municipal snow disposal site operation and maintenance activities Yes

No

Other

B. Are storm water inspections conducted at these facilities? Yes

No

C. If Yes, at what frequency are inspections

conducted?

D. List activities for which operating procedures or management practices specific to storm water management

have been developed (e.g., road repairs, catch basin cleaning).

E. Do you prioritize certain municipal activities and/or facilities for more frequent

inspection? Yes

No

F. If Yes, which activities and/or facilities receive most frequent

inspections?

G. Do all municipal employees and contractors overseeing planning and implementation

of storm water-related activities receive comprehensive training on storm water

management?

Yes

No

H. If yes, do you also provide regular updates and refreshers? Yes

No


I. If so, how frequently and/or under what

circumstances?

7. Long-term (Post-Construction) Storm Water Measures

A. Do you have an ordinance or other regulatory mechanism to require:

Site plan reviews for storm water/water quality of all new and re-development

projects? Yes

No

Long-term operation and maintenance of storm water management controls? Yes

No

Retrofitting to incorporate long-term storm water management controls? Yes

No

B. If you have retrofit requirements, what are the circumstances/criteria?

C. What are your criteria for determining which new/re-development storm water plans you will review (e.g.,

all projects, projects disturbing greater than one acre, etc.)

D. Do you require water quality or quantity design standards or performance standards,

either directly or by reference to a state or other standard, be met for new

development and re-development?

Yes

No

E. Do these performance or design standards require that pre-development hydrology be met for:

Flow volumes Yes

No

Peak discharge rates Yes

No

Discharge frequency Yes

No

Flow duration Yes

No

F. Please provide the URL/reference where all post-construction storm water management standards can be

found.

G. How many development and redevelopment project plans were reviewed during the

reporting period to assess impacts to water quality and receiving stream protection?

H. How many of the plans identified in 7.G were approved?

I. How many privately owned permanent storm water management practices/facilities

were inspected during the reporting period?

J. How many of the practices/facilities identified in 7.I were found to have inadequate

maintenance?

K. How long do you give operators to remedy any operation and maintenance

deficiencies identified during inspections?

L. Do you have authority to take enforcement action for failure to properly operate and

maintain storm water practices/facilities? Yes

No

M. How many formal enforcement actions (i.e., more than a verbal or written warning)

were taken for failure to adequately operate and/or maintain storm water management

practices?

N. Do you use an electronic tool (e.g., GIS, database, spreadsheet) to track post-

construction BMPs, inspections and maintenance?

O. Do all municipal departments and/or staff (as relevant) have access to this tracking

system? Yes

No

P. How often do municipal employees receive training on the post-construction

program?


8. Additional Information

Please include any additional information on the performance of your MS4 program. If providing

clarification to any of the questions on this form, please provide the question number (e.g., 2C) in your

response.


Certification Statement and Signature

Yes

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. Per Appendix A, Part 1.12.2 This report to be signed as follows: For a municipal, State, Federal, or other public facility: by either a principal

executive or ranking elected official; for a corporation, a responsible corporate officer.

Signature Date

Name of Certifying Official, Title

Joint Base Elmendorf-Richardson AKS053651

Page |1

Department of Environmental Conservation Response to Comments

For

Joint Base Elmendorf-Richardson

APDES Permit No. AKS053651

Public Noticed May 23, 2019 – June 24, 2019

August 22, 2019


Page |2

Alaska Department of Environmental Conservation


555 Cordova Street

Anchorage, AK 99501

1 Introduction

1.1 Summary of Facility / Permit

JBER operates a Municipal Separate Storm Sewer System (MS4). The storm water from the facility is

proposed to be discharged to Knik Arm at the Port of Anchorage and into Ship Creek adjacent to the base.

1.2 Opportunities for Public Participation The Department of Environmental Conservation proposed to issue an Alaska Pollutant Discharge

Elimination System (APDES) wastewater discharge permit to Joint Base Elmendorf-Richardson. To

ensure public, agency, and tribal notification and opportunities for participation the Department:

identified the permit on the annual Permit Issuance Plan posted online at:

http://dec.alaska.gov/water/wastewater/

notified potentially affected tribes that the Department would be working on this permit via letter,

fax and/or email

posted a preliminary draft of the permit on-line for a 10-day applicant review March 21, 2019 to

April 5, 2019, and notified tribes and other agencies

formally published public notice of the draft permit on May 23, 2019 in the Anchorage Daily

News and posted the public notice on the Department’s public notice web page

posted the proposed final permit on-line for a 5-day applicant review

sent email notifications via the APDES Program List Serve when the preliminary draft, draft, and

proposed final permits were available for review

The Department received comments from two interested parties on the draft permit and supporting

documents. The Department also requested comment from the Departments of Natural Resources (DNR)

Fish and Game (DFG), the National Marine Fisheries Service, the U.S. Fish and Wildlife Service, and the

U.S. Environmental Protection Agency: but did not receive comment from any of them.

This document summarizes the comments submitted and the justification for any action taken or not taken

by DEC in response to the comments.

1.3 Final Permit The final permit was adopted by the Department on August 22, 2019. There were no changes from the

public noticed permit. Significant changes are identified in the response to comments and reflected in the

final fact sheet for the permit.



Page |3

2 General Comment on the Permit

2.1 Comment Summary

The Department received one comment about concern with the monitoring, detection and determination

of the extent and fate, then subsequent remediation of contaminants in ground and surface water at JBER

generated from the utilization of Aqueous Fire Fighting Foams (AFFF) and Aircraft Deicing and anti-

icing Fluids. AFFFs on JBER are utilized during training, testing and actual firefighting emergencies at

JBER since creation, development and operation of JBER. It is documented that AFFF contaminants have

been detected in soils throughout JBER facilities. The commenter listed twenty-two sites on the base with

contamination that they are concerned about. The commenter requests DEC along with the concurrence of

JBER Command and JBER/AFCEC include specific language in the MS4 permit for the monitoring,

detection and determination of the extent and fate, then subsequent remediation of contaminants in

groundwater and storm water at JBER generated from the utilization of AFFFs.

Response:

Storm water runoff affected by AFFFs is presently not addressed by the MS4 permit nor by the Multi-

Sector General Permit, specifically Sector S Air Transportation. The individual sites with contamination

are addressed by DEC’s Contaminated Sites Program. No change was made to the permit.

2.2 Comment Summary The Department received one comment about concern with the monitoring, detection, control, best

practices and remediation of disbursed aircraft de-icing and anti-icing fluids on the planes on JBER. The

commenter requests that DEC include in the MS4 permit language that requires JBER develop a plan for

reducing the use of glycol-based deicing/anti-icing chemicals at JBER, and include plans for installing

appropriately sized open ended de-icing hangers with targeted infrared (IR) wave equipment to remove

frost, snow and ice off of aircraft.

Response:

Storm water runoff affected by aircraft deicing fluid is addressed by the Multi-Sector General Permit,

specifically Sector S Air Transportation, and not by the MS4 permit. No change was made to the permit.

3 Comments on Minimum Control Measures Comment Summary

In Permit Part 3.5.6 the Air Force requests the removal of all references to Engineering Technical Letter

(ETL) 14-1 in the permit. ETL 14-1 provides guidance for storm water systems on Air Force installations,

only. ETL 14-1 does not apply to non-Air Force facilities. For that reason, the inclusion of ETL 14-1 as a

permit condition subjects JBER to more stringent standards than non-federal facilities. Per statutory law,

the federal government is only subject to requirements under the Clean Water Act (CWA) to the extent it

is treated in a non-discriminatory manner relative to other regulated entities. Under CWA Section 313(a),

federal agencies are subject to "all Federal, State, interstate, and local requirements . . . respecting the

control and abatement of water pollution in the same manner, and to the same extent as any non-

governmental entity."


Page |4

Response:

The JBER MS4 Annual Reports for 2016, 2017, and 2018 refer to the use of ETL 14-1 extensively.

Specifically for Minimum Control Measure (MCM) 5 the 2017 Annual Report says, “(T)he manual

containing structural and non-structural BMPs that all contractors are expected to follow for applicable

construction and post-construction activities within the JBER MS4 is ETL 14-1.” The Annual Report

goes on to say, “JBER believes ETL 14-1 to be the most applicable and comprehensive BMP design

manual to implement within the MS4 to reduce the potential water quality impacts from construction and

associated activities.” Since JBER for three years specified ETL 14-1 as their manual of choice in their

previous permit, DEC continued with that choice in the current permit. No changes were made to the

permit.

3.2 Comment Summary The Air Force requests that you change the language of 3.5.6 to "Within the first year of the effective date

of the permit, the permittee must develop a written strategy for development and redevelopment projects.

The written strategy must address planning and constructing GI/LID projects on JBER. The strategy is to

be included in the first year Annual Report. The strategy will discuss the advantages and disadvantages of

using individual techniques, such as green roofs, rain gardens, rain barrels, bioswales, permeable piping,

dry wells, or permeable pavement on JBER and provide guidance for inclusion of such techniques in

future development and redevelopment projects."

Response:

DEC is retaining Part 3.5.6 as proposed. See the previous comment about retaining reference to ETL 14-

1. No changes were made to the permit.

3.3 Comment Summary The Air Force requests the removal of the requirements in 3.5.8 and its subsections and 3.5.9. 40 CFR

122.34 (adopted by reference in 18 AAC 83.010) contains permit requirements for regulated small MS4

permits. Subsection (b)(5) requires that the permittee address storm water runoff from new development

and redevelopment and develop a strategy to do so, which includes structural and/or non-structural Best

Management Practices (BMPs) appropriate for the community. This subsection also mandates that

permits ensure controls are in place that would prevent or minimize water quality impacts. Requirements

in the permit (3.5.8) to evaluate the performance of structural BMPs by monitoring, calculating, or

modeling runoff quantities for the first project using Green Infrastructure/Low Impact Development

(GI/LID) techniques/practices are outside the scope of these regulations and the CWA. Such requirements

are conservation measures and not within the terms of Section 402 of the CWA, which provides that

permits for discharges from municipal storm sewers "shall require controls to reduce the discharge of

pollutants to the maximum extent practicable, including management practices, control techniques and

system, design and engineering methods, and such other provisions . . . appropriate for the control of such

pollutants." Furthermore, these permit conditions require by implication that JBER complete a project

using GI/LID techniques during the permit term. A requirement to complete such a project during the

permit term is outside the scope of the CWA Section 402 requirements for small MS4s.

Response:

Permit Part 3.5.8 is the same requirement from the second permit cycle City of Fairbanks MS4 permit, so

JBER is being treated the same as other Alaska small MS4s. In terms of complying with Sec 122.34


Page |5

(b)(5) the guidance with this section says, “(S)torm water technologies are constantly being improved,

and EPA recommends that your requirements be responsive to these changes, developments or

improvements in control technologies.” In a April 20, 2011 memo1 EPA said the following, “(T)he

United States Environmental Protection Agency (EPA) strongly encourages and supports the use of green

infrastructure approaches to manage wet weather through infiltration, evapotranspiration, and rainwater

harvesting. …EPA recognizes that green infrastructure can be cost-effective, flexible, and

environmentally-sound approach to reduce stormwater runoff and sewer overflows and to meet Clean

Water Act (CWA) requirements.” Therefore, in adjusting to changes in “improvements in control

technologies” it is perfectly appropriate to include structural and/or non-structural green infrastructure

best management practices in the second cycle MS4 permit. JBER is not being singled out, nor treated

different than non-military facilities. DEC is following EPA guidance and the wording of CFR Sec

122.34(b)(5) to write the JBER MS4 permit. Also, the permit says, “(t)he permittee must conduct an

evaluation of the performance of GI/LID technique(s) or practice(s) of the first project built using GI/LID

during the permit term….” This means if no project is built during this permit term, then no evaluation is

required. No changes were made to the permit.

1 “Protecting Water Quality with Green Infrastructure in EPA Water Permitting and Enforcement Programs” signed

by Nancy Stoner, Acting Assistant Administrator, Office of Water and Cynthia Giles, Assistant Administrator,

Office of Enforcement and Compliance Assurance, on April 20, 2011.

JBER MS4 Fact Sheet Permit No. AKS053651

Page 1 of 39


PERMIT FOR STORM WATER DISCHARGES FROM SMALL MUNICIPAL

SEPARATE STORM SEWER SYSTEMS

FACT SHEET – FINAL


ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION


555 Cordova Street

Anchorage, AK 99501

Public Comment Period Start Date: 5/23/2019

Public Comment Expiration Date: 6/24/2019

Alaska Online Public Notice System

Technical Contact: William Ashton


Division of Water


555 Cordova Street

Anchorage, AK 99501

907-269-6283

Fax 907-269-3487

[email protected]

Issuance of the Alaska Pollutant Discharge Elimination System (APDES) Permit for Storm

Water Discharges from the Municipal Separate Storm Sewer System (MS4) within the

JOINT BASE ELMENDORF-RICHARDSON (JBER)

(hereafter “permittee”)

The Alaska Department of Environmental Conservation (the Department or DEC) is issuing a

MS4 Permit (permit) for discharges from a small MS4. The permit authorizes and sets conditions

on the discharge of pollutants from municipal activities to waters of the United States. In order to

ensure protection of water quality and human health, the permit establishes conditions,

prohibitions, and management practices for discharges of storm water from the MS4s owned or

operated by the permittee.

This fact sheet explains the nature of potential discharges from MS4 activities and the steps in

the development of the permit, including:

information on public comment, public hearing, and appeal procedures

a listing of proposed control measures and other conditions

technical material supporting the conditions in the permit

proposed inspection, monitoring, and reporting requirements in the permit

https://aws.state.ak.us/OnlinePublicNotices/Default.aspx

mailto:[email protected]


Page 2 of 39

Appeal Process

The Department has both an informal review process and a formal administrative appeals

process for final APDES permit decisions. An informal review request must be delivered within

20 days after receiving the Departments decision to the Director of the Division of Water at the

following address:

Director, Division of Water


555 Cordova Street

Anchorage, AK 99501

Interested persons can review 18 AAC 15.185 for the procedures and substantive requirements

regarding a request for an informal Department review. See http://dec.alaska.gov/commish/

review-guidance/informal-reviews/ for information regarding reviews of Department decisions.

An adjudicatory hearing request must be delivered to the Commissioner of the Department

within 30 days of the permit decision or a decision issued under the informal review process. An

adjudicatory hearing will be conducted by an administrative law judge in the Office of

Administrative Hearings within the Department of Administration. A written request for an

adjudicatory hearing shall be delivered to the Commissioner at the following address:

Commissioner


P.O. Box 111800

Juneau, AK 99811-1800

Location: 410 Willoughby Street, Suite 303

Interested persons can review 18 AAC 15.200 for the procedures and substantive requirements

regarding a request for an adjudicatory hearing. See dec.alaska.gov/commish/ReviewGuidance.htm

for information regarding appeals of Department decisions.

Documents are Available

The permit, fact sheet, and related documents can be obtained by visiting or contacting the

Department between 8:00 a.m. and 4:30 p.m., Monday through Friday at the address below. The

permit, fact sheet, and related documents can also be located on the Departments Wastewater

Discharge Authorization Program website http://dec.alaska.gov/water/wastewater/.

Dept of Environmental Conservation

Division of Water


555 Cordova Street

Anchorage, AK 99501

(907) 269-6285

http://dec.alaska.gov/commish/review-guidance/informal-reviews/

http://dec.alaska.gov/commish/review-guidance/informal-reviews/

http://dec.alaska.gov/commish/review-guidance/



Page 3 of 39

Table of Contents

1.0 BACKGROUND ...................................................................................................................5

1.1 Permit Area and Applicants ...............................................................................................5

1.2 Description of the Permittee ...............................................................................................5

1.3 Permit History ....................................................................................................................6

2.0 DESCRIPTION OF MUNICIPALITY AND RECEIVING WATERS ..........................6

2.1 Municipal Activity .............................................................................................................6

2.1.1 Municipal Summary ....................................................................................................6

2.1.2 Precipitation and Temperature ...................................................................................6

2.2 Receiving Waters ...............................................................................................................8

2.2.1 Water Quality Standards.............................................................................................8

2.2.2 Potential Municipal Impact on Water Quality............................................................8

2.2.3 Impaired Waters..........................................................................................................9

3.0 PERMIT CONDITIONS ....................................................................................................11

3.1 Applicability .....................................................................................................................12

3.1.1 Discharges Authorized Under this Permit ................................................................12

3.1.2 Limitations on Permit Coverage ...............................................................................12

3.2 Storm Water Management Program Requirements ..........................................................15

3.2.1 General Requirements ..............................................................................................15

3.2.1 Reviewing and Updating the Storm Water Management Program ..........................16

3.2.2 Transfer of Ownership, Operational Authority, or Responsibility for SWMP

Implementation .........................................................................................................16

3.2.3 Storm Water Management Program Resources .......................................................16

3.3 Minimum Control Measures ............................................................................................17

3.3.1 Public Education and Outreach ................................................................................17

3.3.2 Public Involvement and Participation ......................................................................18

3.3.3 Illicit Discharge Detection and Elimination .............................................................19

3.3.4 Construction Site Storm Water Runoff Control ........................................................21

3.3.5 Post-Construction Storm Water Management in New Development and

Redevelopment ..........................................................................................................23

3.3.6 Pollution Prevention/Good Housekeeping for Base Operations ..............................25

3.4 Monitoring, Evaluation, Reporting, and Record Keeping Requirements ........................27

3.4.1 Monitoring and Evaluation of Overall Program Effectiveness ................................27

3.4.2 Annual Reports..........................................................................................................27

3.4.3 Recordkeeping...........................................................................................................28

3.4.4 Addresses ..................................................................................................................28


Page 4 of 39

3.5 Appendices .......................................................................................................................28

3.5.1 Standard Conditions (Appendix A) ...........................................................................28

3.5.2 Acronyms (Appendix B) ............................................................................................29

3.5.3 Definitions (Appendix C) ..........................................................................................29

3.5.4 Annual Report Form (Appendix D)...........................................................................29

4.0 ANTIBACKSLIDING ........................................................................................................29

5.0 ANTIDEGRADATION ......................................................................................................29

6.0 OTHER REQUIREMENTS ..............................................................................................36

6.1 Endangered Species Act ...................................................................................................36

6.2 Essential Fish Habitat .......................................................................................................37

6.3 Permit Expiration .............................................................................................................37

7.0 REFERENCES ....................................................................................................................38

List of Figures

Figure 1. Average Total Monthly Precipitation (water equivalent) in Anchorage, Alaska .............7

Figure 2. Temperature record for Anchorage ..................................................................................7

Figure 3: JBER Area Map..............................................................................................................39


Page 5 of 39

INTRODUCTION

The Alaska Department of Environmental Conservation (the Department or DEC) is issuing an

Alaska Pollutant Discharge Elimination System (APDES) Program permit that authorizes the

discharge of pollutants in storm water discharges associated with Municipal Separate Storm

Sewer Systems (MS4s).

The permit and fact sheet reference various state and federal regulations. The state regulations

are found in the Alaska Administrative Code (AAC), Chapter 83 “Alaska Pollutant Discharge

Elimination System Program” (18 AAC 83). The federal regulations are incorporated by

reference into the state APDES regulations in 18 AAC 83.010(b)(3). As an aid to readers,

however, the permit and fact sheet in some areas cite the federal regulations where specific

regulatory language can be found. If any discrepancy exists between the fact sheet and the actual

permit language, the permittee must comply with the permit as written.

1.0 BACKGROUND

1.1 Permit Area and Applicants

In accordance with Section 402(p) of the Clean Water Act (CWA) and federal regulations at

40 CFR §122.32, the permit coverage area (see green shaded area of Figure 3 in Appendix A) is

on a system-wide basis for the following MS4 operator:

Joint Base Elmendorf-Richardson

673 CEG/CC, 6346 Arctic Warrior Drive

JBER, AK 99506-2200

The storm sewer system owned and operated by the permittee is located within the boundaries of

the Joint Base Elmendorf-Richardson (JBER).

1.2 Description of the Permittee

The terms municipal separate storm sewer and small municipal separate storm sewer system are

defined at 40 CFR §122.26(b)(8) and (b)(16), respectively. MS4s include any publicly-owned

conveyance or system of conveyances used for collecting and conveying storm water that

discharges to waters of the United States. The term municipality is defined at 40 CFR §122.2. An

MS4 can be owned or operated by a federal, state, local or tribal entity, and includes systems at

military bases, large hospital or prison complexes, and highways and other thoroughfares. The

term does not include separate storm sewers in very discrete areas, such as individual buildings.

The permittee’s surface runoff within its jurisdiction is directed to a system of mostly

interconnected conveyances, which consist of subsurface storm sewers, roadside ditches, and

surface streets. These systems provide drainage for the core area of the Elmendorf and

Richardson regions of JBER.


Page 6 of 39

1.3 Permit History

This is the second MS4 permit for JBER. The first permit was issued June 1, 2014 and expired May 31, 2019.

2.0 DESCRIPTION OF MUNICIPALITY AND RECEIVING WATERS

2.1 Municipal Activity

2.1.1 Municipal Summary

On July 30, 2010, the 673d Air Base Wing (ABW) activated as the host wing combining

installation management functions of Elmendorf Air Force Base's 3rd Wing and U.S. Army

Garrison Fort Richardson. The 673 ABW comprises of 5,500 joint military and civilian

personnel, supporting America's Arctic Warriors and their families. The wing supports and

enables three Air Force total-force wings, two Army brigades, and 75 associate and tenant units.

In 1939, the U.S. Government set aside 45,000 acres of public land on the northern border of

Anchorage to create Fort Richardson. The air field was constructed in 1940 and named

Elmendorf Army Air Base in 1942. JBER is bounded on the south by the Municipality of

Anchorage, on the west and north by Knik Arm and on the east by the Chugach Mountains. Ship

Creek is the main drainage feature on the southern boundary of the base and is a popular fishing

location. Developed areas of JBER are located in the southern area of the base. The south central

area is mostly industrial areas including runways, maintenance buildings, and site support

operations. Housing and recreational facilities are scattered throughout the southern area, but are

generally outside the main industrial areas. The northern and eastern portions of the base are

rural undeveloped land, wetlands and lakes.

2.1.2 Precipitation and Temperature

The National Oceanic and Atmospheric Administration’s Western Regional Climate Center

maintains historical climate information for various weather stations throughout the western

United States. Annual average precipitation at the airport in Anchorage is approximately 15.9

water equivalent inches per year (see Figure 1 and Figure 2). Snow is the predominant

precipitation during the winter months.


Page 7 of 39

Figure 1. Average Total Monthly Precipitation (water equivalent) in Anchorage, Alaska

Figure 2. Temperature record for Anchorage

The average rainfall depth in the Anchorage area, based on 45 years of 24-hour precipitation data

obtained from NOAA and collected at Ted Stevens Anchorage International Airport,

demonstrates that approximately 90% of all storms in the Anchorage area result in a rainfall

volume of 0.63 inches or less (ADEC, 2011).

0.75 0.820.64

0.550.65

1

1.9

2.72 2.68

1.89

1.15 1.13

0

0.25

0.5

0.75

1

1.25

1.5

1.75

2

2.25

2.5

2.75

3

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Pre

cip

iati

on

(in

.)ANCHORAGE WSCMO AP, ALASKA (500280)

Average Total Monthly PrecipitationPeriod of Record: 9/1/1949 to 12/31/2011

Western Regional Climate Center

0

0.02

0.04

0.06

0.08

0.1

0.12

0

10

20

30

40

50

60

70

1/Jan 1/Feb 1/Mar 1/Apr 1/May 1/Jun 1/Jul 1/Aug 1/Sep 1/Oct 1/Nov 1/Dec

Pre

cip

ita

tio

n (

in.)

Ter

mp

era

ture

(F

)

Day of Year

ANCHORAGE WSCMO AP, ALASKA (500280)

1981 – 2010 30 Year Average

TMAX TMIN Avg Temp PRECIP

Western Regional Climate Center


Page 8 of 39

2.2 Receiving Waters

2.2.1 Water Quality Standards

The protection of surface water occurs primarily through the development, adoption, and

implementation of Water Quality Standards (WQS) and the use of the WQS in APDES permits.

The WQS, which are codified in 18 AAC 70, designate specific uses for which water quality

must be protected. Alaska WQS designate seven uses for fresh waters (A) water supply: (i)

drinking; culinary, and food processing; (ii) agriculture, including irrigation and stock watering;

(iii) aquaculture; (iv) industrial; (B) water recreation: (i) contact recreation, (ii) secondary

recreation; and (C) growth and propagation of fish, shellfish, other aquatic life, and wildlife.

Waters within JBER have been classified by DEC in 18 AAC 70.020 as fresh water with the

designated uses described above. Designated uses for Ship Creek from the confluence with Knik

Arm to the eastern border of the base also include those described above.

For marine waters Alaska WQS designate seven uses (A) water supply: (i) aquaculture; (ii)

seafood processing; (iii) industrial; (B) water recreation: (i) contact recreation; (ii) secondary

recreation; (C) growth and propagation of fish, shellfish, other aquatic life, and wildlife; and (D)

harvesting for consumption of raw mollusks or other raw aquatic life. Waters adjacent to JBER’s

western boundary (Knik Arm) have been classified by DEC in 18 AAC 70.020 as marine water

with the designated uses described above.

2.2.2 Potential Municipal Impact on Water Quality

Storm water is the surface runoff that results from precipitation events and snow melt. Storm

water flowing across land surfaces has the potential to contain or mobilize high levels of

contaminants. Under most natural conditions, storm water runoff is slowed and filtered as it

flows through vegetation and wetlands. These flows soak into the ground, gradually recharging

groundwater, and eventually seep into surface receiving waters.

Urban development has significantly altered the natural infiltration capability of the land, and

often generates a host of pollutants that are associated with the activities of dense populations.

This developed area in turn causes an increase in storm water runoff volumes and pollutant

loadings in the storm water discharged to receiving waters. Urban development increases the

amount of impervious surface in a watershed, as naturally vegetated areas are replaced with

parking lots, roadways, and commercial, industrial, and residential structures. These surfaces

inhibit rainfall infiltration into the soil and reduce evaporation and transpiration, thereby

increasing the amount of precipitation which is converted to runoff. Storm water and snow melt

runoff washes over impervious surfaces, picking up pollutants while gaining speed and volume

because of the inability to disperse and filter into the ground.1

Uncontrolled storm water discharges from areas of urban development can negatively impact

receiving waters by changing the physical, biological, and chemical composition of the water,

resulting in an unhealthy environment for aquatic organisms, wildlife, and humans. The

1 64 FR 68725-27 (December 8, 1999)


Page 9 of 39

Nationwide Urban Runoff Program (NURP), conducted by EPA between 1978 through 1983,

demonstrated that storm water runoff is a significant source of pollutants. The study indicated

that discharges from separate storm sewer systems draining from residential, commercial, and

light industrial areas carried more than 10 times the annual loadings of total suspended solids

(TSS) than discharges from municipal sewage treatment plants providing secondary treatment.

The study also identified a variety of other contaminants, such as oil and grease, copper, lead,

and zinc that were detected frequently at levels of concern. Numerous other studies and reports

have confirmed the average pollutant concentration data collected in the NURP study (USEPA,

1983).

2.2.3 Impaired Waters

Discharges to Ship Creek are subject to additional constraints as Ship Creek is designated as

“impaired” on DEC’s CWA §303(d) list due to increased levels of fecal coliform bacteria and

petroleum, oil, and grease. Any water body which does not, or is not expected to meet applicable

WQS is described as impaired or as a water quality-limited segment. Section §303(d) of the

CWA requires states to develop Total Maximum Daily Load (TMDL) management plans for

water bodies which are determined to be impaired. A TMDL is the amount or loading capacity of

a specific pollutant that a water body can receive and still comply with applicable WQS, such as

those mandated by the CWA.

The segment of Ship Creek from the mouth to the Glenn Highway bridge was originally Section

§303(d) listed because fecal coliform bacteria and petroleum hydrocarbons, oil and grease

exceeded the respective water quality standards for these parameters. An approximate two-mile

stretch within this segment of Ship Creek (Glenn Highway bridge to mouth of Ship Creek)

traverses JBER, and the Fort Richardson storm sewer system outfall discharges to Ship Creek 1.3

miles downstream from the upper boundary of the impaired segment.

The basis for this listing is summarized in the EPA-approved Alaska 2014-2016 Integrated

Water Quality Monitoring and Assessment Report (ADEC, 2018) as follows:

Ship Creek was placed on the Section 303(d) list in 1990 for non-attainment of the petroleum

hydrocarbons and oils and grease criteria. Petroleum products floating on the groundwater were

believed to be moving toward ship Creek and threating the waterbody. In addition, Fecal

Coliform (FC) bacteria monitoring data from 1989 to 1994, provided by the Municipality of

Anchorage, exceeded the criteria. In 1992, FC bacteria was added to the Section §303(d) listing

for Ship Creek as an impairing pollutant. The final FC bacteria TMDL was approved by EPA in

May 2004. An EPA consent decree with the Alaska Railroad Corporation (ARRC) required

groundwater monitoring. The monitoring has shown that petroleum product constituents do not

pose a threat to the creek.In addition, the DEC conducted monitoring to determine if a persistent

sheen existed. This monitoing demonstrated that there was not a persistent sheen, nor were the

analytical indicators for petroleum hydrocarbons present in sufficient concentrations to exceed

the criteria. Therefore, the petroleum hydrocarbons, oils, grease impairment for Ship Creek was

removed from the Section 303(d)/Category 5 list and placed in Category 2 in the 2012 Integrated

Report. Ship Creek remains impaired for FC bacteria.


Page 10 of 39

2.2.3.1 Petroleum Hydrocarbons, Oil, and Grease

Ship Creek was placed on the Section 303(d) list in 1990 for non-attainment of the petroleum

hydrocarbons, oils and grease criteria. Petroleum products floating on groundwater were

believed to be moving toward Ship Creek and threating the waterbody. An EPA consent decree

wwith the Alaska Railroad Corporation (ARRC) required groundwater monitoring. The

monitoring has shown that petroleum product constituents do not pose a threat to the creek. In

addition, the DEC conducted monitoring to determine if a persistent sheen existed. This

monitoring demonstrated that there was not a persistent sheen, nor were the analytical indicators

for petroleum hydrocarbons preent in sufficient concentrations to exceed the water quality

criteria. The petroleum hydrocarbons, oils and grease impairment for Ship Creek was removed

from the Section 303(d)/Category 5 list and placed in Category 2 in the 2012 Integrated Report. .

2.2.3.2 Fecal Coliform Bacteria

The State of Alaska listed Ship Creek on its 1990 CWA section §303(d) list of impaired

waterbodies for excessively high levels of fecal coliform bacteria. Ship Creek is still on the list

but has a TMDL (ADEC, 2004). This means that Ship Creek is a Category 4a water body with

respect to fecal coliform bacteria impairment. Category 4a water bodies are impaired, but

TMDLs have been established for them.

The fecal coliform bacteria levels found in Ship Creek regularly exceed State of Alaska

thresholds for contact recreation such as wading and boating.

Throughout the Anchorage area, there are eleven waterways, including Ship Creek, listed as

impaired due to the presence of fecal coliform bacteria. Potential sources of fecal coliform

bacteria include the waste of all warm blooded animals including human sewage. Sewer system

leaks are not considered to be a notable source in the Anchorage area. Domestic and wild

animals are the greatest sources of the bacteria. Wild animals with the greatest contribution are

likely waterfowl such as ducks and geese. Mammals such as moose and bears are also potential

sources. Many wild animals use corridors along streams for forage and movement through

populated areas. One of the largest sources of fecal coliform bacteria in Anchorage is domestic

animals, mostly dogs. There are about 65,000 dogs in Anchorage, which produce 48,000 pounds

of waste each day. Parks and paths near waterways as well as street runoff into storm drains are

both conduits for fecal coliform bacteria to enter steams. JBER contributes both of the above

discussed sources for potential fecal coliform bacteria pollution into Ship Creek.

Due to levels of fecal coliform bacteria, which exceed the State standards for drinking and

contact recreation, TMDL thresholds have been created for Ship Creek as required by the CWA.

High levels of fecal coliform bacteria can occur any time of year, though generally the coldest

months of winter have lower levels. Spring snowmelt and periods of high rainfall during the

summer often result in spikes of the bacteria in Ship Creek. Sediment influx is also a factor in the

timing of fecal coliform bacteria spikes. Early spring generally has the highest spikes of fecal

coliform bacteria due to the massive influx of sediment washed into streams from winter road

sanding. The bacteria attach to grains of sand and can also sink to the bottom and are re-


Page 11 of 39

suspended later due to a high flow event. Street sweeping early in the spring greatly helps

mitigate this problem by cleaning up a large portion of the grit and preventing it from washing

down storm drains.

3.0 PERMIT CONDITIONS

This section is intended to help the regulated community and members of the public understand

the intent and basis of the permit language. If any confusion or conflicts exist between this

summary and the actual permit language, the permittee must comply with the permit as written.

The conditions established by the permit are based on Section 402(p)(3)(B) of the CWA,

33 U.S.C. §1342(p)(3)(B). This section requires that permits for an MS4 must effectively

prohibit non-storm water discharges from entering the MS4 and requires controls to reduce the

discharge of pollutants to the maximum extent practicable, including management practices,

control techniques and system, design and engineering methods, and other provisions as the

Department determines appropriate for the control of such pollutants.

The permit proposes the use of Best Management Practices (BMPs) as the primary means to

control the sources of pollution in storm water discharges. DEC has determined that BMPs

implemented and enforced through a comprehensive local storm water management program

(SWMP) are the most effective mechanism for reducing the discharge of pollutants to the

maximum extent practicable and for complying with the water quality provisions of the CWA.

EPA considers maximum extent practicable to be an iterative process in which an initial SWMP

is proposed and then periodically upgraded as new BMPs are developed or new information

becomes available concerning the effectiveness of existing BMPs.2 DEC agrees to implement

EPA’s iterative process approach for MS4 improvement. The National Pollutant Discharge

Elimination System (NPDES) regulations at 40 CFR §122.44(k) allow for use of BMPs when

numeric limits are infeasible. EPA’s Interim Permitting Approach for Water Quality-Based

Effluent Limitations in Storm Water Permits Policy (August 1996) addresses the use of BMPs in

storm water permits to provide for attainment of WQS. This policy is available on-line at

http://www.epa.gov/npdes/pubs/swpol.pdf.

The NPDES application requirements for MS4 permittee’s at 40 CFR §122.33 describe in detail

the information that must be submitted to DEC to obtain permit coverage. The MS4 permittee is

required to develop, implement, and enforce a SWMP designed to reduce the discharge of

pollutants from its MS4 to the maximum extent practicable, to protect water quality, and to

satisfy the appropriate water quality requirements of the CWA. 40 CFR §122.34 outlines six

minimum control measures the SWMP must include. DEC then determines the specific permit

conditions necessary to reduce the discharge of pollutants to the maximum extent practicable.

DEC carefully considered the program information submitted by the permittee in its APDES

application to develop the SWMP requirements in the permit to develop the required permit

conditions.

2 64 FR 68754 (December 8, 1999)

http://www.epa.gov/npdes/pubs/swpol.pdf


Page 12 of 39

3.1 Applicability

3.1.1 Discharges Authorized Under this Permit

This permit covers storm water discharges to waters of the United States located in the State of

Alaska from all portions of the MS4 which are owned and operated by the permittee within

JBER.

The permit limits the authorization to discharge municipal storm water in a variety of ways:

Storm water runoff that is commingled with flows from process wastewater, non-process

wastewater, and storm water associated with industrial or construction activity (as

defined in 40 CFR §122.26(b)(14) and (15)) or other discharge flows are allowed,

provided the commingled flows are already authorized by a separate individual or general

APDES permit.

Certain types of non-precipitation related run off (referred to as non-storm water) listed in

40 CFR §122.26(d)(2)(iv)(B)(1) are also allowed to enter the MS4 as long as the

discharges are not considered to be sources of pollution to the waters of the United States.

However, the permittee is responsible for the quality of the combined discharge and

therefore have an interest in locating any uncontrolled or un-permitted discharges to the

storm drain system. In Part 3.3, the permit requires the permittee to prohibit, through

ordinance or other enforceable means, all other types of non-storm water discharges into

the MS4s.

Discharges from the MS4s must not cause violations of state WQS.

3.1.2 Limitations on Permit Coverage

3.1.2.1 Non-Storm Water Discharges

The permit authorizes the discharge of non-storm water if it meets one of three conditions: (1)

the discharge is in compliance with a separate APDES permit, (2) the discharge is the result of a

spill due to unforeseen weather event or consists of an emergency discharge, or (3) consists of

uncontaminated water from a list of approved sources.

3.1.2.2 Discharges Threatening Water Quality

The permit does not authorize the discharge of storm water that the DEC determines will cause,

or have the reasonable potential to cause or contribute to, violations of WQS.

3.1.2.3 Snow Disposal to Receiving Waters

Disposal of snow directly into waters of the United States, or directly to the MS4, is prohibited,

due to concerns that the accumulated snow and melt water may contain elevated levels of

chloride and other salts, suspended sediment, turbidity, and metals associated with sediment and

turbidity. Discharges of snow melt resulting from or associated with the permittee’s snow

management practices (such as street plowing and application of traction material) are

conditionally authorized, provided such activities are conducted in accordance with BMPs and a


Page 13 of 39

manner that minimizes adverse water quality impacts. DEC recognizes the permittee’s use of the

snow management practice of using ditches for snow storage as an acceptable management

practice. The primary function of using the ditches during the winter months is for snow storage

and as is part of the permittee’s snow disposal and management practices. The ditches are

maintained by the permittee and are lined with gravel, soil, and vegetation that allows melting of

snow and rainwater to infiltrate into the ground to help filter pollutants from directly entering

surface receiving waters. As stated in the Permit, discharges from the permittee’s snow disposal

and snow management practices are authorized under this permit when such practices are

operated using appropriate BMPs required in Permit Part 3.6 Pollution Prevention and Good

Housekeeping. BMPs may include detention basins, dikes, berms, ditches, and vegetative

buffers. BMPs shall be designed, operated, and maintained to prevent and reduce pollutants in

the discharges to the maximum extent practicable so as to avoid excursions above WQS.

3.1.2.4 Discharges to Water Quality-Impaired Receiving Waters

Waters that do not meet the numeric/narrative criteria for their use designation(s) are listed as

impaired, in compliance with the CWA and state rules. DEC currently lists approximately 59

waters as impaired, with about 14 listed as candidates for development of a TMDL (ADEC,

2018). TMDLs typically define both waste load allocations (WLAs) and load allocations (LAs)

that specify how much of a particular pollutant can be discharged from both regulated and

unregulated sources, respectively, such that the water body will again meet WQS. In a water

body with an approved a TMDL, any APDES permit conditions must be consistent with the

assumptions and requirements of available WLAs. See 40 CFR §122.44(d)(1)(vii)(B). Table 3-1

summarizes the water bodies in the JBER area.

Table 3-1: JBER Water Bodies

Pollutant Source Waterbody Pollutant Area of

Concern Category

Urban Runoff

Ship Creek Glenn

Hwy. Bridge.

Down to Mouth

Fecal Coliform

Bacteria

Glenn Hwy.

Bridge. Down

to Mouth

4a

Urban Runoff

Ship Creek Glenn

Hwy. Bridge.

Down to Mouth

Petroleum Products

11 miles,

Glenn Hwy.

Bridge. Down

to Mouth

2

Source: Alaska’s Final 2014/2016 Integrated Water Quality Monitoring and Assessment Report (November 2018)

Note: Category 4a – Impaired water with a final/approved TMDL

Category 5 – Impaired water, Section 303(d) list, require TMDL

*A TMDL for the sheen component of the petroleum hydrocarbons, oil and grease WQS was developed for Noyes Slough and

approved by EPA in 2011; it will be moved to category 4a in DEC’s next Integrated Report.

Pollutant Allocations in the Ship Creek TMDLs

TMDLs should define WLAs for point source discharges, and LAs for nonpoint source

discharges. In a guidance memo issued in 2002, EPA set forth options for addressing NPDES

regulated storm water discharges in TMDLs. See “Establishing Total Maximum Daily Load

Wasteload Allocations for Storm Water Sources and NPDES Permit Requirements Based on

Those WLAs” (2002 TMDL Guidance Memo). The 2002 TMDL Guidance memo also explained


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how to establish effluent limits for APDES regulated storm water discharges from applicable

WLAs.

EPA has approved the TMDL for the Ship Creek - Fecal Coliform Bacteria. DEC is currently

collecting data to evaluate the petroleum product impairment for Ship Creek.

Fecal Coliform Bacteria in Ship Creek

Applicable WQS for fecal coliform bacteria in Ship Creek establish water quality criterion for

the protection of designated uses for water supply, water recreation, and growth and propagation

of fish, shellfish, other aquatic life, and wildlife. The TMDL is developed for the most stringent

of these—the fecal coliform bacteria criteria for drinking, culinary, and food processing water

supply that states that in a 30-day period, the geometric mean may not exceed 20 FC/100 mL,

and not more than 10% of the samples may exceed 40 FC/100 mL. (18 AAC 70.020(b)(2)

(A)(i)).

Fecal coliform data indicate that Ship Creek does not meet the applicable water quality

standards. The largest and most frequent exceedances of the water quality criteria occur during

summer months, likely due to increased storm water runoff and source activity (e.g., pets and

wildlife). Fecal coliform concentrations are lower during colder winter months that experience

less stormwater runoff. Concentrations steadily increase during spring months, with increased

surface runoff during spring thaw and breakup. Because of the substantial seasonal variation in

fecal coliform levels, the Ship Creek TMDL is developed on a seasonal basis to isolate times of

similar weather, runoff and instream conditions.

The following table summarizes the results of the TMDL analysis. The Margin of Safety (MOS)

was included explicitly as 10 percent of the loading capacity. Because stormwater discharges in

the Municipality of Anchorage are regulated by a APDES stormwater permit for MS4, watershed

loads delivered to Ship Creek are addressed through the wasteload allocation component of this

TMDL. Therefore, the load allocation for the Ship Creek fecal coliform TMDL is zero. The fecal

coliform wasteload allocations for Ship Creek are provided as seasonal allocations for the entire

watershed and are equal to the loading capacity minus the MOS.

Table 3-2: TMDL Summary - Ship Creek

Season Loading Capacity

(FC/season)

MOS

(FC/season)

Wasteload

Allocation

(FC/season)

Percent Reduction

(for Wasteload

Allocation)

Winter 3.20E+11 3.20E+10 2.88E+11 43%

Spring 7.58E+11 7.58E+10 6.82E+11 N/A

Summer 1.31E+12 1.31E+11 1.18E+12 4%

Total (FC/yr) 2.39E+12 2.39E+11 2.15E+12 2%

Implementation of the Ship Creek TMDL will be achieved through actions associated with the

relevant MS4 permit. EPA recommends that for NPDES-regulated municipal and small

construction stormwater discharges effluent limits should be expressed as best management

practices (BMPs) or other similar requirements, rather than as numeric effluent limits. The policy

recognizes the need for an iterative approach to control pollutants in storm water discharges and


Page 15 of 39

anticipates that a suite of BMPs will be used in the initial rounds of permits and that these BMPs

will be tailored in subsequent rounds. Follow-up monitoring will likely be conducted

cooperatively by ADEC and Municipality of Anchorage to track the progress of TMDL

implementation and subsequent water quality response, track BMP effectiveness, and track the

water quality of Ship Creek to evaluate future attainment of WQS.

Permit Requirements for TMDL Implementation

As previously noted, all APDES permit conditions must be consistent with the assumptions and

requirements of available WLAs. EPA’s 2002 TMDL Guidance Memo further defines how

APDES permit conditions for regulated storm water discharges can be consistent with the

assumptions and requirements of available WLAs through the use of narrative BMPs. Where

BMPs are used as permit limitations to implement WLAs, the permit must require monitoring

activities as necessary to assure compliance with the WLAs.

The 2002 TMDL Guidance Memo recommends the use of BMPs in a APDES permit to

implement WLAs and load reduction targets addressing storm water discharges. The MS4 permit

includes the following six minimum control measures: (1) Public education and outreach; (2)

Public involvement/participation; (3) Illicit discharge detection and elimination; (4) Construction

site storm water runoff control; (5) Post-construction storm water management in new

development and redevelopment; and (6) Pollution prevention and good housekeeping for

municipal operations. The minimum measures that are most relevant to controlling fecal

coliform and petroleum sheens are public education/outreach; public involvement/participation;

illicit discharge detection and elimination; and pollution prevention and good housekeeping from

municipal operations.

In the permit, DEC has refined the narrative describing certain activities, or has incorporated

additional SWMP actions and activities, to ensure that discharges from the permittee’s MS4 is

controlled to the maximum extent practicable. Certain requirements specifically address the

WLAs set forth in the TMDL plans for Ship Creek. The permittee’s SWMP also provides

opportunities to collectively target actions to achieve pollutant reductions in areas for which

TMDLs have not yet been approved (petroleum products in Ship Creek).

3.2 Storm Water Management Program Requirements

3.2.1 General Requirements

The permittee is required to develop, implement, and enforce a SWMP designed to reduce

pollutants to the maximum extent practicable, to control the discharge of pollutants from the

MS4 in order to protect water quality, and to satisfy the appropriate water quality requirements

of the CWA. Regulations at 40 CFR §122.34 set forth six minimum pollution control measures

to be included in a SWMP. For each measure, the regulations specify certain required elements,


Page 16 of 39

and also provide guidance concerning what an adequate program should include. EPA has also

developed separate guidance documents to assist permittees to develop their SWMP.3

The APDES permit application submitted by the applicant in November 2018 contains the

various elements of the permittees initial SWMP and identifies at least three specific BMPs and

accompanying measurable goals to accomplish each of the six required program elements. The

proposed permit incorporates those BMPs, and includes the specific activities put forth by the

permittee. Milestones and compliance dates are also contained in Table 1: Schedule of

Submissions of the permit. Annual reports are required to document program accomplishments.

DEC may review and approve any plans or plan modifications required by the permit.

3.2.1 Reviewing and Updating the Storm Water Management Program

The SWMP is intended to be a functioning mechanism for the permittee to use. Therefore, minor

changes and adjustments to the various SWMP elements are expected and may be necessary to

more successfully adhere to the goals of the permit. DEC has determined that minor changes to

the SWMP shall not constitute the need for permit modifications as defined in the regulations at

18 AAC 83.135. Part 2.3 of the permit describes procedures to be used to perform additions and

minor changes to the SWMP. The permit does not allow the permittee to remove elements in the

SWMP that are required through permit conditions or regulatory requirements. Any changes

requested by the permittee will be reviewed by DEC.

3.2.2 Transfer of Ownership, Operational Authority, or Responsibility for SWMP

Implementation

DEC does not intend to mandate a permit modification should the permittee annex additional

lands or accept the transfer of operational authority over portions of the MS4. Implementation of

appropriate SWMP elements for these additions (annexed land or transferred authority) is

required. The permittee must notify DEC of any such additions or transfers in the Annual Report.

DEC may require a modification to the permit based on such new information.

3.2.3 Storm Water Management Program Resources

Part 2.5 of the permit requires the permittee to provide adequate support to implement their

activities under the SWMP. Compliance with Part 2.5 will be demonstrated by the permittee’s

ability to fully implement the SWMP and other permit requirements as scheduled. The permit

does not require specific funding or staffing levels, which provides the permittee the ability and

incentive to adopt the most efficient and cost effective methods to comply with permit

requirements.

3 EPA’s National Menu of BMPs for Storm Water Phase II (October 2000)

(http://cfpub.epa.gov/npdes/storrmwater/menuofbmps/menu.cfm); Measurable Goals Guidance for Phase

II Small MS4s (October 2001) (http://cfpub.epa.gov/npdes/storrmwater/measurablegoals/index.cfm)


Page 17 of 39

3.3 Minimum Control Measures

The Phase II Rule4 defines a SWMP for a small MS4 as a program composed of six elements

that, when implemented together, are expected to reduce pollutants discharged into receiving

water bodies to the maximum extent practicable. These six program elements, or minimum

control measures, are

Public Education and Outreach,

Public Involvement and Participation,

Illicit Discharge Detection and Elimination,

Construction Site Runoff Control,

Post-Construction Storm Water Management in New Development and Redevelopment,

and

Pollution Prevention/Good Housekeeping for Base Operations.

The permit requires the permittee to comply with non-numeric technology-based standards (Part

3 of the permit) by implementing minimum control measures. The achievement of these non-

numeric standards will result in the reduction or elimination of pollutants from the permittee’s

storm water discharge.

3.3.1 Public Education and Outreach

The permittee must implement a public education program to distribute educational materials to

the community or conduct equivalent outreach activities about the impacts of storm water

discharges on water bodies and the steps the public can take to reduce pollutants in storm water

runoff.

An informed and knowledgeable community is crucial to the success of a SWMP, since there is

greater support for the program as the public gains a better understanding of the reasons why the

program is necessary and important. Public support is particularly beneficial when permittees of

small MS4s attempt to institute new funding initiatives for the program or seek volunteers to

help implement aspects of the program. Education can lead to greater compliance with the

program, as the public becomes aware of the personal responsibilities expected of them and

others in the community, including individual actions they can take to protect or improve the

quality of area waters.

During the previous permit term the permittee implemented the following measures:

Developed, implemented, and evaluated an on-going public education program.

Published articles in a local newspaper or base website regarding storm water pollution

prevention.

Created or purchased and distributed brochures on storm water pollution prevention.

4 Stormwater Phase II Final Rule (64 FR 68722).


Page 18 of 39

Developed materials for and updated storm water related materials for military housing

tenants.

Developed and installed signs describing storm water pollution prevention and pet waste

management.

Created or purchased and distributed brochures on the proper use of lawn chemicals and

household hazardous products.

Devloped and make available to baase personnel a website with information about storm

water management.

During this permit term, the permittee must:

Distribute storm water educational materials to target audiences that encourages base

tenants to improve water quality.

Prepare and distribute appropriate information that encourages the base tenants to

improve water quality to local media outlets.

3.3.2 Public Involvement and Participation

This control measure complements the Public Education control measure. If given the

opportunity to participate, members of the public generally will become more supportive of a

program. The permit requires that the public participation efforts comply with the public notice

requirements of the state and local law. DEC encourages the permittee to provide more

opportunities for public participation, and to attempt to engage all groups serviced by the storm

water system.

DEC believes that the base personnel can provide valuable input and assistance to the

development of a base SWMP. The base personnel should be given opportunities to play an

active role in both the development and implementation of the program. Broad base-wide

support is crucial to the success of a SWMP; citizens who participate in the development and

decision making process are partially responsible for the program and, therefore are more likely

to take an active role in its implementation. In addition, the community is a valuable, and free,

intellectual resource providing a broader base of expertise and economic benefit. Citizens

involved in the SWMP development process provide important cross-connections and

relationships with other community and government programs, which can be particularly

valuable when trying to implement a storm water program on a watershed basis, as encouraged

by DEC.


Complied with applicable state and local public notice requirements when implementing

a public involvement/participation program.

Continued to make the Storm Water Management Program and all Annual Reports

available to the public through the permittee-maintained website.


Page 19 of 39

Continued to host a community Stream Cleanup Day.

Developed and conducted public knowledge and attitude survey work related to storm

water management.

Developed and implemented a storm drain stenciling program.

Convened a Storm Water Advisory Committee that met quarterly.


Comply with applicable state and local public notice requirements when implementing a

public involvement/participation program.

Continue to make the Storm Water Management Program and all Annual Reports

available to the public through the permittee-maintained website.

Continue to host a community Stream Cleanup Day.

Institute a storm drain labeling program.

Continue hosting a Storm Water Advisory Committee that meets quarterly

3.3.3 Illicit Discharge Detection and Elimination

An illicit discharge, typically, is any discharge to a MS4 that is not storm water. There are some

exceptions, such as fire fighting activities and otherwise permitted discharges (Part 1.4.1.3.1. of

the permit lists the types of non-storm water which can be discharged) provided they are not

significant contributors of pollutants to the system. This minimum measure requires the

permittee to detect and eliminate illicit discharges from their system.

Illicit discharges enter the system through either direct connections (e.g., wastewater piping

either mistakenly or deliberately connected to the storm drains) or indirect connections (e.g.,

infiltration into the MS4 from cracked sanitary systems, spills collected by drain outlets, or paint

or used oil dumped directly into a drain). Examples of other sources include, but are not limited

to: sanitary wastewater effluent from septic tanks, car wash wastewaters, radiator flushing

disposal, laundry wastewaters, and improper disposal of auto and household toxic waste. The

result is untreated discharges that contribute high levels of pollutants, including heavy metals,

toxics, oil and grease, solvents, nutrients, viruses, and bacteria to receiving water bodies.

Pollutant levels from these illicit discharges have been shown in EPA studies to be high enough

to significantly degrade receiving water quality and threaten aquatic, wildlife, and human health.

There are required components that this measure includes:

Develop or update a map of the storm sewer system which shows outfalls and names of

the receiving waters.

Prohibit discharges of non-storm water to the storm sewer system through the use of an

ordinance or other regulatory mechanism, and provide for enforcement procedures and

actions. DEC recognizes that the permittee may not have the legal authority to pass an


Page 20 of 39

ordinance; such organizations must evaluate existing policies and procedures and use

those in the development of a regulatory mechanism.

Develop and implement a plan to detect and address non-storm water discharges. DEC

recommends that this plan contain procedures to identify the problem areas in the

community, determine the source of the problem(s), remove the source if one is

identified, and document the actions taken.

Conduct or revise an existing hydrologic study to delineate area catchment boundaries for

the outfalls and identify storm water flow paths to waters of the U.S., this may include

updating existing mapping.

Inform base residents, public employees, and businesses of the hazards associated with

illegal discharges.

Guidance, including model ordinances, is available from EPA and others to assist in the

implementation of an illicit discharge detection and elimination program.5


Inventoried and mapped the locations of industrial facilities to include in a storm sewer

system map plan.

Developed and implemented a plan to detect and eliminate illicit discharges.

Conducted wet weather outfall inspections to identify and investigate any illicit non-

storm water discharge to the storm sewer system.

Conducted dry weather outfall inspections to identify and investigate any illicit non-

storm water discharge to the storm sewer system.

Surveyed and inspected oil water separators to ensure proper connection to sanitary sewer

system.

Conducted or revised an existing hydrological study of all roadway drainage structures

within the MS4.

Developed and implemented a program to detect and eliminate illicit discharges.

Effectively prohibited non-storm water discharges into the MS4 through ordinance or a

base Command Policy letter.

Prohibited any of the non-storm water flows listed in Part 1,4,1,3,1 through ordinance or

a base Command Policy letter, if such flows are identified by the permittee as a source of

pollutants to the MS4.

Informed users of the system and the general public of hazards associated with illegal

discharges and improper disposal of waste and provide outreach materials.

5 http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm

http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm


Page 21 of 39

Developed a comprehensive storm sewer system map.

Began dry weather field screening for non-storm flows from all outfalls.


Update the inventory and map of the locations of industrial facilities to include in the

storm sewer system map.

Detect and eliminate illicit discharges to the MS4 and maintain an information

management system to track illicit discharges.

Conduct wet weather outfall inspections to identify and investigate any illicit non-storm

water discharge to the storm sewer system.

Conduct dry weather outfall inspections to identify and investigate any illicit non-storm

water discharge to the storm sewer system.

Review the effectiveness and revise ordinces or procedures that effectively prohibit non-

storm water discharges into the MS4 through ordinance or a base Command Policy letter.

Prohibit any of the non-storm water flows listed in Part 1,4,1,3,1 through ordinance or a

base Command Policy letter, if such flows are identified by the permittee as a source of

pollutants to the MS4.

Inform users of the system and the general public of hazards associated with illegal

discharges and improper disposal of waste and provide outreach materials.

Review and revise a comprehensive storm sewer system map.

Continue dry weather field screening for non-storm flows from all outfalls.

3.3.4 Construction Site Storm Water Runoff Control

The permittee is required to develop, implement, and enforce a program to reduce pollutants in

storm water runoff from construction activities that result in a land disturbance of greater than or

equal to one acre. The permittee’s program must also address storm water discharges from

construction activity disturbing less than one acre, if that construction activity is part of a larger

common plan of development or sale that would disturb one or more acres.

Polluted storm water runoff from construction sites often flows to MS4s and ultimately is

discharged into local rivers and streams. Sediment is usually the main pollutant of concern, as it

has been demonstrated that sediment runoff rates from construction sites are typically 10 to 20

times greater than those of agricultural lands, and 1,000 to 2,000 times greater than those of

forest lands. During a short period of time, construction sites can contribute more sediment to

streams than can be deposited naturally during several decades. The resulting siltation, and the

contribution of other pollutants from construction sites, can cause physical, chemical, and

biological harm to our nation’s waters.


Page 22 of 39

Construction activities at JBER must comply with APDES construction storm water permitting

requirements. When a construction storm water permit is needed, DEC’s Construction General

Permit6 (CGP) is the typical permitting route (as opposed to applying for an individual permit).

As construction activities occur within the MS4 boundaries of JBER, the installation is required

to ensure that construction site and post-construction Control Measures for erosion and sediment

control are met. Since military installations, including JBER, are not municipalities, they cannot

issue an ordinance to ensure compliance with these requirements. This presents a challenge to

installations in enforcing a SWMP in cases where they do not have direct management control

over a project. To address this issue, JBER developed and implemented a Command Policy letter

specifically addressing storm water management. The purpose of the Command Policy is to

enforce the Installation’s SWMP that is used to reduce the discharge of pollutants from its MS4

to the maximum extent practicable and to identify enforcement actions the installation will apply

against violator(s).

Even though discharges from all Alaskan construction sites disturbing more than one acre in

Alaska are independently required to be authorized by an APDES storm water discharge permit,

this additional minimum program measure is necessary to enable the permittee to effectively and

directly control construction site discharges into their storm sewer systems. The permittee must

incorporate the following elements into their local program:

An ordinance or other regulatory mechanism requiring proper sediment and erosion

control, and proper waste management controls, at construction sites;

Procedures for site plan review of construction plans;

Procedures for site inspection and enforcement; and

Procedures for the receipt and consideration of public comments.

The permittee can and should review what existing procedures are already in place in their

jurisdiction for these activities. For example, plans are often reviewed by the Base staff. The

permittee must work to optimize coordination between different Base offices.

The permit allows the permittee to exempt from local regulation those sites which qualify for the

low rainfall erosivity waiver from the APDES CGP. This waiver, allowed by EPA regulation at

40 CFR §122.26(b)(15)(i)(A), is based on the “R” factor from the Revised Universal Soil Loss

Equation (RUSLE) and applies to projects when (and where) negligible rainfall/runoff is

expected.


Developed, implemented, and enforced a program to reduce pollutants in storm water

runoff to the MS4 from construction activities disturbing one or more acres.

Adopted an ordinance or a base Command Policy letter which requires construction site

operators to practice appropriate erosion, sedimaent, and waste control.

6 APDES General Permit for Storm Water Discharges from Construction Activity, AKR10-0000


Page 23 of 39

Published and distributed requirements for construction site operators to implement

erosion and sediment control BMPs at the construction site that may cause adverse

impacts to water quality.

Developed procedures for reviewing site plans for potential water quality impacts.

Developed standard language for inclusion in JBER construction contracts defining

contractor role and responsibilities for erosion and sediment control.

Developed and implemented procedures for site inspection and enforcement of control

measures.

Developed and conducted at least one training session for the local construction, design,

and engineering audiences related to the construction ordinance and BMP requirements.


Review and revise a program to reduce pollutants in storm water runoff to the MS4 from

construction activities disturbing one or more acres.

Maintain an ordinance or a base Command Policy letter which requires construction site

operators to practice appropriate erosion, sedimaent, and waste control.

Continue to publish and distribute requirements for construction site operators to

implement erosion and sediment control BMPs at the construction site that may cause

adverse impacts to water quality.

Develop procedures for reviewing site plans for potential water quality impacts.

Review and revise standard language for inclusion in JBER construction contracts

defining contractor role and responsibilities for erosion and sediment control.

Review and implement procedures for site inspection and enforcement of control

measures.

Conduct at least biennially a training session for the local construction, design, and

engineering audiences related to the construction ordinance and BMP requirements

3.3.5 Post-Construction Storm Water Management in New Development and

Redevelopment

This control measure applies in areas undergoing new development or redevelopment. Post-

construction controls are necessary because runoff from such areas has been shown to

significantly affect receiving water bodies. Many studies indicate that prior planning and design

for the minimization of pollutants in post-construction storm water discharges is the most cost-

effective approach to storm water quality management.7

7 64 FR 68725-68728 and 68759 (December 8, 1999)


Page 24 of 39

Post-construction runoff can cause an increase in the type and quantity of pollutants in storm

water runoff. As runoff flows over areas altered by development, it can pick up harmful sediment

and chemicals such as oil and grease, pesticides, heavy metals, and nutrients (e.g., nitrogen and

phosphorus). These pollutants often become suspended in runoff and are carried to receiving

waters, such as lakes, ponds, and streams. Post-construction runoff also increases the quantity of

water delivered to the water body during storms. Increased impervious surfaces interrupt the

natural cycle of gradual percolation of water through vegetation and soil. Instead, water is

collected from surfaces such as asphalt and concrete, and routed to drainage systems where large

volumes of runoff quickly flow to the nearest receiving water. The effects of this process include

stream bank scouring and downstream flooding, which often lead to a loss of aquatic life and

damage to property.

This minimum measure requires the permittee to develop, implement, and enforce a program to

reduce pollutants in post-construction runoff from areas of new development and redevelopment.

This measure applies at minimum to projects which are greater than or equal to one acre in size.

In order to implement this measure, the permittee must:

Develop and implement locally appropriate strategies which include a combination of

structural and/or nonstructural BMPs requirements. Non-structural requirements can

include planning, zoning, and other local requirements such as buffer zones. Structural

controls include the use of storage, low impact development, infiltration basins, or

vegetative practices such as rain gardens or artificial wetlands;

Adopt an ordinance or other regulatory mechanism to address post- construction

discharges; and

Ensure adequate long-term operation and maintenance of BMPs.

Green infrastructure applications and approaches can reduce, capture, and treat storm water runoff at

its source before it can reach the storm sewer system. Site-specific practices, such as green roofs,

downspout disconnections, rain harvesting/gardens, planter boxes, and permeable pavement are

designed to mimic natural hydrologic functions and decrease the amount of impervious area and

storm water runoff from individual sites. The applications and design approaches can also be applied

in neighborhood settings (i.e., green streets) or at larger regional scale (i.e., riparian buffers and urban

forestry) to manage storm water. These applications and approaches can keep storm water out of the

storm sewer system to reduce overflows and to reduce the amount of untreated storm water

discharging to surface waters.


Developed, implemented, and enforced a program to address post-construction storm

water runoff from new development and redevelopment projects.

Adopted an ordinance or a base Command Policy letter to address post-construction

runoff from new development and redevelopment projects.

Adopted and then distributed a BMP design manual for post-construction storm water

management.


Page 25 of 39

Developed and conducted at least one training for base developers, engineers, tenants and

the public regarding the requirements of the base Command Policy letter.


Develop a written strategy for planning, constructing, and evaluating Green

Infrastucture/Low Impact Development projects within JBER.

Continue the implementation, and enforcement of a program to address post-construction

storm water runoff from new development and redevelopment projects.

Review the effectiveness and revise an ordinance or a base Command Policy letter to

address post-construction runoff from new development and redevelopment projects.

Implement a Green Infrastructure/Low Impact Development strategy.

Develop and conduct at least one training for base developers, engineers, tenants and the

public regarding the requirements of the base Command Policy letter.

3.3.6 Pollution Prevention/Good Housekeeping for Base Operations

This measure requires the permittee to implement an operation and maintenance program to

prevent or reduce pollutant runoff from activities conducted by the permittee. The permittee must

examine and subsequently alter their own actions to reduce the amount and type of pollution

that: (1) collects on streets, parking lots, open spaces, storage and vehicle maintenance areas,

which may be discharged into local waterways; and (2) results from actions such as

environmentally damaging land development and flood management practices or poor

maintenance of storm sewer systems. Activities associated with maintenance of parks and open

spaces, as well as fleet and building maintenance, must also be considered for possible water

quality impacts. While this measure is meant primarily to improve or protect receiving water

quality by improving municipal or facility operations, it also can result in a cost savings for the

permittee, since proper and timely maintenance of storm sewer systems can help avoid repair

costs from damage caused by age and neglect.

The permittee must examine its maintenance activities and schedules, and inspection procedures

for controls to reduce floating debris and other pollutants. By evaluating existing practices, the

permittee can improve operations to reduce or eliminate discharges from roads, municipal

parking lots, maintenance and storage yards, waste transfer stations, salt/sand storage locations,

and snow storage/disposal areas. Industrial APDES storm water permit requirements under the

Multi-Sector General Permit (MSGP) (AKR060000) apply to several facilities within the MS4.

These facilities are considered part of the MS4.

Snow storage and disposal practices are specifically identified in the permit as deserving

particular attention by the permittee, given the annual accumulation of snow in the Anchorage

area and the increased potential for accumulated pollutants to be discharged from snowmelt

during the spring season. Snow plowed from urban streets and parking lots often contains the


Page 26 of 39

variety of materials which have accumulated on the snowpack and other cleared surfaces. Studies

of urban snow disposal sites in northern climates demonstrate that snow meltwater can be a

potential source of significant pollutant loadings to surface water, and commonly contains

pollutants such as debris, sediment, chlorides, and oil and grease. Part 3.6 of the permit requires

the permittee to implement controls at snow disposal sites to reduce the discharge of pollutants in

meltwater. Snow disposal site design criteria created by the Municipality of Anchorage, and/or

snow management practices already developed by Alaska Department of Transportation and

Public Facilities, may assist the permittee to collectively address conditions for appropriate snow

disposal practices in the arctic environment. DEC encourages the permittee to work with the

Municipality of Anchorage and Port of Anchorage storm water system permittees in the area to

identify appropriate management measures.


Conducted storm water pollution prevention inspections.

Developed and implemented an operation and maintenance program intended to prevent

or reduce pollutant runoff from base operations.

Completed a study of the effectiveness of current street cleaning operations, storm drain

cleaning operations, and other base activities with potential for storm water impacts.

Developed and conducted appropriate training for base personnel related to optimum

maintenance practices for the protection of water quality.

Ensured that new flood management projects are assessed for impacts on water quality

and existing projects are assessed for incorporation of additional water quality protection

devices or practices.


Conduct storm water pollution prevention inspections.

Maintain and implement an operation and maintenance program intended to prevent or

reduce pollutant runoff from base operations.

Review and implement the study of the effectiveness of current street cleaning

operations, storm drain cleaning operations, and other base activities with potential for

storm water impacts.

Review, revise, and conduct appropriate training for base personnel related to optimum

maintenance practices for the protection of water quality.

Continue to ensure that new flood management projects are assessed for impacts on water

quality and existing projects are assessed for incorporation of additional water quality

protection devices or practices.


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3.4 Monitoring, Evaluation, Reporting, and Record Keeping Requirements

3.4.1 Monitoring and Evaluation of Overall Program Effectiveness

The Phase II storm water regulations at 40 CFR §122.34(g) require that the permittee evaluate

program compliance, the appropriateness of BMPs in their SWMPs, and progress towards

meeting their measurable goals. These requirements have been included in Part 4 of the permit.

The Monitoring Program Plan must be designed to meet the following objectives:

Assess compliance with this permit;

Measure the effectiveness of the permittee’s SWMP;

Measure the chemical, physical, and biological impacts to the receiving waters resulting

from storm water discharges;

Characterize storm water discharges;

Identify sources of specific pollutants; and

Detect and eliminate illicit discharges and illegal connections to the MS4.

The nature of the monitoring activities to be implemented by the permittee largely depends on

the measurable goals selected by the permittee. Measurable goals are primarily measures of the

level of effort given to implementing a particular BMP (such as frequency of street sweeping),

but may also encompass actual measures of water quality improvement. DEC encourages a mix

of physical, chemical, biological, and programmatic indicators to evaluate the appropriateness of

BMPs and progress towards achieving their measurable goals. The purpose of this evaluation is

to determine whether or not the MS4 is meeting the requirements of the minimum control

measures of the permit.

During the initial five year term of the permit, the permittee opted for measurable goals which

defined and reported on a level of effort for implementation of BMPs. This information was

submitted to DEC in the Annual Reports. For the second five year term of the permit the

chemical, biological, or physical storm water monitoring conducted by the permittee, Part 4.1.2

of the permit includes requirements related to representative monitoring, test procedures, and

recording results. All chemical, physical, or analytical monitoring must be conducted according

to a Quality Assurance Plan (QAP). The permit requires a revised QAP to be submitted to DEC.

3.4.2 Annual Reports

In general, the annual report must document and summarize implementation of the SWMP

during the previous year and evaluate program results and describe planned changes towards

continuous improvement. DEC requires the permittee to use the Summary Annual Report

Template in this permit to obtain summary information about the status of the MS4. In addition

to the summary annual report, the permittee must also submit a more detailed annual report.

Requirements for the minimum control measures in Part 3.0 of the permit detail specific


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information to be reported for each control measure. The detailed annual report should clearly

illustrate three key items for each SWMP area:

Summary of the Year’s Activities. The summary should describe and quantify program

activities for each SWMP component. Responsible persons, agencies, or departments

should be included in the summary. Each activity should be described in relation to

achievement of established goals or performance standards. Include documentation that

the permit condition was completed (such as training agenda and sign up list or copy of

storm water information handed out to tenants).

Description of SWMP Effectiveness. The annual report should not only describe the

previous year’s activities, but should also highlight the SWMP’s effectiveness (Part 4.2

of the permit) using indicators required in Part 4.1 of the permit.

Planned Activities and Changes. The annual report should describe activities planned

for the next year highlighting any changes made to improve control measures or program

effectiveness.

The Annual Report(s) may be submitted to DEC in electronic format (preferred) on CD-ROM(s)

using universally available document formats, such as Adobe Acrobat PDF or other available

means. However, while the Annual Report text can be submitted in electronic format, the

required certification statement must be signed and dated in hard copy by the permittee as

directed in Appendix A, Part 1.12.2 of this permit.

3.4.3 Recordkeeping

Part 4.4 of the permit requires the permittee to keep all records required by this permit for a

period of at least five years. Records need to be submitted only when requested by DEC. The

permittee’s SWMP must be available to the public; the permittee may charge a reasonable fee for

copies, and may require a member of the public to provide advance notice of their request. DEC

encourages the permittee to make their program materials available to the public electronically

via a website or other viable means.

3.4.4 Addresses

Submittals required by the permit must be made to the address specified in the permit, Appendix

A, Part 1.1.2.

3.5 Appendices

3.5.1 Standard Conditions (Appendix A)

Appendix A of the permit contains standard regulatory language that must be included in all

APDES permits. These requirements are based on the regulations and cannot be challenged in

the context of an individual APDES permit action. The standard regulatory language covers

requirements such as monitoring, recording, and reporting requirements; compliance

responsibilities; and other general requirements.


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3.5.2 Acronyms (Appendix B)

Appendix B is a list of acronyms found in the permit and fact sheet which aids in the

understanding of the permit and its requirements.

3.5.3 Definitions (Appendix C)

Appendix C contains definitions of statutory, regulatory, and other terms important for

understanding the permit and its requirements.

3.5.4 Annual Report Form (Appendix D)

Appendix D contains an annual report form for summarizing the annual results of storm water

activities.

4.0 ANTIBACKSLIDING

18 AAC 83.480 requires that “effluent limitations, standards, or conditions must be at least as

stringent as the final effluent limitations, standards, or conditions in the previous permit.”

18 AAC 83.480(c) also states that a permit may not be reissued “to contain an effluent limitation

that is less stringent than required by effluent guidelines in effect at the time the permit is

renewed or reissued.”

5.0 ANTIDEGRADATION

Section 303(d)(4) of the CWA states that, for water bodies where the water quality meets or

exceeds the level necessary to support the water body's designated uses, WQBELs may be

revised as long as the revision is consistent with the State's Antidegradation policy. The State’s

Antidegradation policy is found in the 18 AAC 70 Water Quality Standards (WQS) regulations

at 18 AAC 70.015. The Department’s approach to implementing the Antidegradation policy is

found in 18 AAC 70.016 Antidegradation implementation methods for discharges authorized

under the federal Clean Water Act. Both the Antidegradation policy and the implementation

methods are consistent with 40 CFR 131.12 and approved by EPA. This section analyzes and

provides rationale for the Department’s decisions in the permit issuance with respect to the

Antidegradation policy and implementation methods.

Using the policy and corresponding implementation methods, the Department determines a

Tier 1 or Tier 2 classification and protection level on a parameter by parameter basis. A Tier 3

protection level applies to a designated water. At this time, no Tier 3 waters have been

designated in Alaska.

18 AAC 70.015(a)(1) states that the existing water uses and the level of water quality necessary

to protect existing uses must be maintained and protected (Tier 1 protection level).

The permit authorizes discharges to water bodies that have been impaired as a result of urban

runoff (see Fact Sheet Section 3.1.2.4 for a listing of the impaired water bodies); however,

permit conditions (e.g., BMPs) have been developed to ensure existing uses are maintained and

protected. For the purpose of this analysis, the Department classifies the impaired water bodies

as Tier 1 for the parameters causing the impairment. Compliance with permit conditions will


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limit storm water discharges to those water bodies listed as impaired. As a result, water quality in

those water bodies is expected to improve subject to compliance with permit conditions.

Accordingly, this antidegradation analysis conservatively assumes that the Tier 2 protection level

applies to all parameters, consistent with 18 AAC 70.016(c)(1).

18 AAC 70.015(a)(2) states that if the quality of water exceeds levels necessary to support

propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality must

be maintained and protected, unless the Department authorizes a reduction in water quality

(Tier 2 protection level).

The Department may allow a reduction of water quality only after the specific analysis and

requirements under 18 AAC 70.016(b)(5)(A-C), 18 AAC 70.016(c)(7)(A-F), and 18 AAC

70.016(d) are met. The Department’s findings are as follows:

18 AAC 70.016(b)(5)

(A) existing uses and the water quality necessary for protection of existing uses have been

identified based on available evidence, including water quality and use related data,

information submitted by the applicant, and water quality and use related data and

information received during public comment;

(B) existing uses will be maintained and protected; and

(C) the discharge will not cause water quality to be lowered further where the department

finds that the parameter already exceeds applicable criteria in 18 AAC 70.020(b),

18 AAC 70.030, or 18 AAC 70.236(b).

Per 18 AAC 70.020 and 18 AAC 70.050 all fresh waters are protected for all uses; therefore, the

most stringent water quality criteria found in 18 AAC 70.020 and in the Alaska Water Quality

Criteria Manual for Toxic and Other Deleterious Organic and Inorganic Substances (DEC 2008)

apply and were evaluated. This will ensure existing uses and the water quality necessary for

protection of existing uses of the receiving waterbody are fully maintained and protected.

The permit places limits and conditions on the discharge of pollutants. The limits and conditions

are established after comparing TBELs and WQBELs and applying the more restrictive of these

limits. The WQ criteria, upon which the permit effluent limits are based, serve the specific

purpose of protecting the existing and designated uses of the receiving water. WQBELs are set

equal to the most stringent water quality criteria available for any of the protected water use

classes. The permit also requires ambient water quality monitoring to evaluate possible impacts

to the receiving waters and existing uses.

Pollutants of concern from JBER include, petroleum leaks and spills, aircraft deicing fluid, and

sediment from sanding.

The permit includes numeric or narrative effluent limits and best management practices

addressing each of these pollutants of concern. The permit requires facilities to implement BMP

Plans to minimize the production of waste and the discharge of pollutants to waters of the U.S.,

to ensure that MS4 facilities provide for the protection or attainment of existing and designated

uses


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The permit requires that the discharge shall not cause or contribute to a violation of the WQS at

18 AAC 70. There is fresh water covered under the permit that is listed as impaired; therefore,

parameters were identified as already exceeding the applicable criteria in 18 AAC 70.020(b). No

waters covered under the permit are listed under 18 AAC 70.236(b) as subject to site specific

criteria and therefore does not apply.

The Department concludes the terms and conditions of the permit will be adequate to fully

protect and maintain the existing uses of the water and that the findings under 18 AAC

70.016(b)(5) are met.

18 AAC 70.016(c)(7)(A –F) if, after review of available evidence, the department finds that the

proposed discharge will lower water quality in the receiving water, the department will not

authorize a discharge unless the department finds that

18 AAC 70.016(c)(7)(A) the reduction of water quality meets the applicable criteria of 18 AAC

70.020(b), 18 AAC 70.030, or 18 AAC 70.236(b), unless allowed under 18 AAC 70.200, 18 AAC

70.210, or 18 AAC 70.240;

As previously stated, the permit requires that the discharge shall not cause or contribute to a

violation of the WQS at 18 AAC 70. WQBELs are set equal to the most stringent water quality

criteria available under 18 AAC 70.020(b) for any of the protected water use classes. Because of

the nature of the permitted discharges, other pollutants are not expected to be present in the

discharges at levels that would cause, have the reasonable potential to cause, or contribute to an

exceedance of any Alaska WQS, including the whole effluent toxicity limit at 18 AAC 70.030.

The Department will not authorize a discharge under the permit to waters that have established

or adopted site-specific criteria in the vicinity of the discharge. Currently, no fresh water

covered under the permit are listed under 18 AAC 70.236(b) as subject to site specific criteria

and therefore does not apply.

The permit does not authorize short term variance or zones of deposit under 18 AAC 70.200 or

18 AAC 70.210; therefore they do not apply. The permit does not include a mixing zone under

18 AAC 70.240.

The Department has determined the reduction of water quality meets the applicable criteria of

18 AAC 70.020(b), 18 AAC 70.030, or 18 AAC 70.236(b), and that the finding is met.

18 AAC 70.016(c)(7)(B) each requirement under (b)(5) of this section for a discharge to a Tier 1

water is met;

See 18 AAC 70.016(b)(5) analysis and findings above.

18 AAC 70.016(c)(7)(C) point source and state-regulated nonpoint source discharges to the

receiving water will meet requirements under 18 AAC 70.015(a)(2)(D); to make this finding the

department will (i) identify point sources and state-regulated nonpoint sources that discharge to,

or otherwise impact, the receiving water; and (ii) consider whether there are outstanding


Page 32 of 39

noncompliance issues with point source permits or required state-regulated nonpoint source best

management practices, consider whether receiving water quality has improved or degraded over

time, and, if necessary and appropriate, take actions that will achieve the requirements of

18 AAC 70.015(a)(2)(D); and (iii) coordinate with other state or federal agencies as necessary

to comply with (i) and (ii) of this subparagraph;

The requirements under 18 AAC 70.015(a)(2)(D) state:

(D) all wastes and other substances discharged will be treated and controlled to achieve

(i) for new and existing point sources, the highest statutory and regulatory requirements;

and

(ii) for nonpoint sources, all cost-effective and reasonable best management practices;

The highest statutory and regulatory requirements are defined at 18 AAC 70.015(d):

(d) For purposes of (a) of this section, the highest statutory and regulatory requirements

are

(1) any federal technology-based effluent limitation identified in 40 C.F.R. 122.29

and 125.3, revised as of July 1, 2017 and adopted by reference;

(2) any minimum treatment standards identified in 18 AAC 72.050;

(3) any treatment requirements imposed under another state law that is more

stringent than a requirement of this chapter; and

(4) any water quality-based effluent limitations established in accordance with

33 U.S.C. 1311(b)(1)(C) (Clean Water Act, sec. 301(b)(1)(C)).

The first part of the definition includes all federal technology-based ELGs, there are no ELGs for

MS4s.

The second part of the definition references the minimum treatment standards found at 18 AAC

72.050, which refers to domestic wastewater discharges only. The permit does not authorize the

discharge of domestic wastewater (Section 1.3). Therefore, a finding under this section is not

applicable.

The third part of the definition refers to treatment requirements imposed under another state law

that are more stringent than 18 AAC 70. Other regulations beyond 18 AAC 70 that apply to this

permitting action include 18 AAC 15 and 18 AAC 72. Neither the regulations in 18 AAC 15 and

18 AAC 72, nor another state law that the Department is aware of impose more stringent

requirements than those found in 18 AAC 70.

The fourth part of the definition refers to water quality-based effluent limitations (WQBELS). A

WQBEL is designed to ensure that the Water Quality Standards (WQS) of a waterbody are met

and may be more stringent than TBELs. Section 301(b)(1)(C) of the CWA requires the

development of limits in permits necessary to meet WQS by July 1, 1977. WQBELs included in

APDES permits are derived from EPA-approved 18 AAC 70 WQS. APDES regulation 18 AAC

83.435(a)(1) requires that permits include WQBELs that can “achieve water quality standard


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established under CWA §303, including state narrative criteria for water quality.” The permit

requires compliance with the 18 AAC 70 WQS, includes effluent limits for pH and temperature,

and monitoring for other applicable WQS pollutants.

The Department reviewed available information on known point source discharges to receiving

waters covered under the permit, and found no outstanding noncompliance issues. There are no

state regulated nonpoint sources that discharge to, or otherwise impact, the receiving waters

covered under the permit.

After review of the methods of treatment and control and the applicable statutory and regulatory

requirements, including 18 AAC 70, 18 AAC 72, and 18 AAC 83, the Department finds that the

discharge authorized under this general permit meets the highest applicable statutory and

regulatory requirements; therefore, 18 AAC 70.016(c)(7)(C) finding is met.

18 AAC 70.016(c)(7)(D)(i-ii) the alternatives analysis provided under (4)(C-F) of this subsection

demonstrates that

(i) a lowering of water quality under 18 AAC 70.015(a)(2)(A) is necessary; when one or

more practicable alternatives that would prevent or lessen the degradation associated

with the proposed discharge are identified, the department will select one of the

alternatives for implementation; and

(ii) the methods of pollution prevention, control, and treatment applied to all waste and other

substances to be discharged are found by the department to be the most effective and

practicable;

DEC generally implements permit conditions that specify that a municipality implement

controls, BMPs or control measures, and other activities to reduce pollutants as identified in a

SWMP. The SWMP may address control measures such as: public education and outreach,

public participation/involvement, illicit discharge detection and elimination, construction site

runoff control, post construction runoff control, and pollution prevention/good housekeeping.

The SWMP must also include measureable goals to evaluate the effectiveness of individual

control measures and the SWMP as a whole, requirements for industrial storm water discharges

to the MS4, and reporting requirements.

The site-specific, activity-specific process of developing, implementing, and adjusting the

pollution control practices contained in the SWMP constitutes the type of alternatives analysis

and use of “the most effective and reasonable” . . . “methods of pollution, prevention, control,

and treatment” cited as requirements under Alaska’s antidegradation policy for activities that

would degrade water quality.

Control measures that prevent or minimize water quality impacts from municipal activities and

construction activities are described in Part 3.0 of the proposed MS4 permit and in Chapters 4

and 5 of the Alaska Storm Water Guide (DEC, 2009). The Alaska Storm Water Guide provides

detailed information on temporary storm water controls for active construction sites. The storm

water management process outlined in that chapter consists of the development of a SWMP


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which provides the basis for all pollutant discharge prevention/minimization activities. As noted

below, development of the SWMP requires a comprehensive evaluation of the community, the

proposed construction activities, and possible pollutant discharges. This information is used to

create the SWMP, which contains structural and non-structural management practices;

specifications for selecting, sizing, sitting, operating, and maintaining them; and procedures for

inspecting the management practices and repairing or replacing them as needed.

The permittee is required to implement erosion, sediment, and other storm water management

practices to avoid or minimize pollutant discharges, as detailed in Part 3.0 of the permit.

Alternative control measures that may provide equal or better water quality protection are also

allowable, and encouraged, especially where those alternatives would provide better water

quality and environmental protection.

The Department uses an integrated approach in the permit for developing and implementing

“methods of pollution, prevention, control, and treatment” required by Alaska’s antidegradation

policy. This integrated approach includes requirements for:

Erosion and sediment control, pollution prevention measures and prohibiting certain

discharges (Part 3.4),

Revised and expanded training requirements for the construction and post-construction

(Part 3.4 and 3.5), and

Monitoring of storm water discharges for illicit discharges (Part 3.3).

Most pollution controls at construction sites are not installed in isolation, but instead are part of a

suite of control measures that are all designed to work together. Designers use the treatment train

approach to design a series of practices that minimize storm water pollution and achieve

compliance with Alaska Construction General Permit (CGP, AKR100000) requirements. For

example, a designer may use as a series of control measures to prevent sediment discharges from

a site – a diversion ditch at the top of a disturbed slope (to minimize storm water flowing down

the slope), mulching on the slope (to minimize erosion), and silt fence at the bottom of the slope

(to capture sediment). This treatment train would help protect the slope better than relying on a

single control measure, such as silt fence.

The site-specific nature of the SWMP, the requirement that it be implemented in a manner that

addresses storm water impacts to the maximum extent practicable, and provisions that the

approach be adjusted to ensure ongoing storm water management effectiveness provide the

implementation methods needed to appropriately support the antidegradation policy.

The recent MS4 Permit Improvement Guide (EPA, 2010), in conjunction with the six minimum

control measures, constitutes the highest regulatory requirements for municipal storm water

management. This permit, as part of the iterative process of improvement of MS4 permits, forms

the basis from which incremental changes will be made in the future through changes in the

permit requirements.

Green infrastructure is an approach that communities can choose to maintain healthy waters,

provide multiple environmental benefits and support sustainable communities. Green


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infrastructure can treat storm water that is not retained.8 Green infrastructure uses vegetation,

soils, and natural processes to manage water and create healthier urban environments. At the

scale of a city or county, green infrastructure refers to the patchwork of natural areas that

provides habitat, flood protection, cleaner air, and cleaner water. At the scale of a neighborhood

or site, green infrastructure refers to storm water management systems that mimic nature by

soaking up and storing water.

Low Impact Development (LID) is an approach to land development (or re-development) that

works with nature to manage storm water as close to its source as possible. By preserving and

recreating natural landscape features, LID minimizes effective imperviousness, creating

functional and appealing site drainage that treats storm water as a resource rather than a waste

product. Bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable

pavements are some of the LID practices used to adhere to these principles. By implementing

LID principles and practices, water can be managed in a way that reduces the impact of built

areas and promotes the natural movement of water within an ecosystem or watershed. Applied

on a broad scale, LID can maintain or restore a watershed's hydrologic and ecological functions.

The requirements contained in the Alaska CGP, the SWPPP development process (Part 5 of the

CGP permit), development and implementation of the SWMP to include construction site storm

water runoff control and post-construction storm water management control measures and good

housekeeping measures (Part 3 of this permit), and BMP’s provided in the Alaska Storm Water

Guide (Chapter 4) comprise a comprehensive, integrated approach for developing and

implementing “methods of pollution, prevention, control, and treatment” required by Alaska’s

antidegradation policy.

The Department has determined the methods of pollution prevention, control, and treatment in

the permit to be the most effective and reasonable, which will be applied to all wastes and other

substances to be discharged, and therefore 18 AAC 70.016(c)(7)(D)(ii) finding is met.

18 AAC 70.016(c)(7)(E) except if not required under (4)(F) of this subsection, the social or

economic importance analysis provided under (4)(G) and (5) of this subsection demonstrates

that a lowering of water quality accommodates important social or economic development under

18 AAC 70.015(a)(2)(A); and

In order to conduct their important ongoing military and civic functions, the permittee requires

that infrastructure be constructed and maintained to accommodate important military, economic

and social development in the area. Without road construction and maintenance, as well as storm

water collection systems with discharge points, successful operations of the permittee important

functions (and the citizens they serve) would be severely hampered. Storm water discharges

associated with the permittee activities will be controlled via the requirements of applicable

SWMPs and SWPPPs, which implement the most effective and reasonable practices.

8 Center for Watershed Protection, September 2007. National Pollutant Removal Performance Database, Version 3

(http://www.stormwaterok.net/CWP Documents/CWP-07 Natl Pollutant Removal Perform Database.pdf)

http://www.stormwaterok.net/CWP%20Documents/CWP-07%20Natl%20Pollutant%20Removal%20Perform%20Database.pdf


Page 36 of 39

JBER was formed in 2010 by the joining of Elmendorf Air Force Base and Fort Richardson. The

base began in 1939 when the U.S. Government set aside 45,000 acres of public land on the

northern border of Anchorage to create Fort Richardson. The air field was constructed in 1940

and named Elmendorf Army Air Base in 1942. Developed areas of JBER are located in the

southern area of the base. The south central area is mostly industrial areas including runways,

maintenance buildings, and site-support operations. Housing and recreational facilities are

scattered throughout the southern area but are generally outside the main industrial areas. The

northern and eastern portion of the base is rural undeveloped land, wetlands and lakes.

The 2005 Defense Base Closure and Realignment Commission (BRAC) Report to the President

directed the relocation of installation management functions from both the Air Force and Army

to a new joint base unit, and established Joint Base Elmendorf-Richardson. The decision listed

the Air Force as the supporting agency, implementing and providing the funding vehicle for

support to the entire joint base. On July 30, 2010, the 673d Air Base Wing (ABW) activated as

the host wing combining installation management functions of Elmendorf Air Force Base's 3rd

Wing and U.S. Army Garrison Fort Richardson and consists of four groups that operate and

maintain the Joint Base for air sovereignty, combat training, force staging and through output

operations in support of worldwide contingencies. The installation hosts the headquarters for the

United States Alaskan Command, 11th Air Force, U.S. Army Alaska, and the Alaskan North

American Aerospace Defense Command Region. The 673 ABW is comprised of 5,500 joint

military and civilian personnel, supporting America's Arctic Warriors and their families. The

wing supports and enables three Air Force total-force wings, two Army brigades and 75

associate and tenant units.

The Department has determined that the lowering of water quality is necessary to accommodate

important economic and social development in the area where the waters are located and that the

18 AAC 70.016 (c) (7)(E) finding is met.

18 AAC 70.016(c)(7)(F) 18 AAC 70.015 and this section have been applied consistent with

33 U.S.C. 1326 (Clean Water Act, sec. 316) with regard to potential thermal discharge

impairments.

Discharges authorized under the permit are not associated with a potential thermal discharge

impairment; therefore, the finding is not applicable.

6.0 OTHER REQUIREMENTS

6.1 Endangered Species Act

The Endangered Species Act (ESA) requires federal agencies to consult with National Oceanic

and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) and the

U.S. Fish and Wildlife Service (USFWS) if their actions could beneficially or adversely affect

any threatened or endangered species. As a state agency, DEC is not required to consult with

these federal agencies regarding permitting actions; however, DEC voluntarily contacted the

agencies to notify them of the development of the permit and to obtain listings of threatened and


Page 37 of 39

endangered species near the proposed discharges. The Cook Inlet beluga whale has designated

critical habitat in the greater Cook Inlet an Knik Arm. However the Port of Anchorage (and the

area where Outfall 1 discharges) is excluded from critical habitat designation for national

security reasons.9

6.2 Essential Fish Habitat

Essential fish habitat (EFH) includes the waters and substrate (sediments, etc.) necessary for fish

from commercially-fished species to spawn, breed, feed, or grow to maturity. The Magnuson-

Stevens Fishery Conservation and Management Act (January 21, 1999) requires federal agencies

to consult with NOAA when a proposed discharge has the potential to adversely affect (reduce

quality and/or quantity of) EFH. DEC initiated discussions with NFMS on this permit.

This permit includes non-fishing activities that may have the potential to adversely affect the

quantity or quality of EFH in upland and riverine systems. DEC addressed EFH considerations in

its Antidegradation Analysis. DEC believes with the addition of the non-numeric effluent limits

(the control measures detailed in Part 3.0 of the permit) that all the non-fisheries impacts

expected by this industry are being addressed in the permit.

Most pollution controls at construction sites are not installed in isolation, but instead are part of a

suite of control measures that are all designed to work together. Designers use the treatment train

approach to design a series of practices that minimize storm water pollution and achieve

compliance with APDES construction general permit requirements. For example, a designer may

use as a series of control measures to prevent sediment discharges from a site – a diversion ditch

at the top of a disturbed slope (to minimize storm water flowing down the slope), mulching on

the slope (to minimize erosion), and silt fence at the bottom of the slope (to capture sediment).

This treatment train would help protect the slope better than relying on a single control measure,

such as silt fence. Because the permit encourages the treatment train approach, DEC believes the

permit addresses EFH considerations.

Most of the species with EFH in the area of the outfall 1 are transient species, using the area as a

seasonal foraging, nursery, or migratory corridor. Relatively few species are expected to be year-

round residents of Knik Arm (HDR 2006).

6.3 Permit Expiration

The permit will expire five years from the effective date of the permit.

9 Endangered and Threatened Species: Designation of Critical Habitat for Cook Inlet Beluga Whale (Federal

Register Vol.76, No 69 pp 20180)


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7.0 REFERENCES

ADEC. 2004. Total Maximum Daily Load (TMDL)for Fecal Coliform in the Waters of Ship

Creek in Anchorage, Alaska, Alaska Department of Environmental Conservation, Wastewater

Discharge Authorization Program, Juneau, AK.

AAC. 2009. Alaska Administrative Code, Revised 2009. State of Alaska, Juneau, AK.

ADEC. 2008. Public Participation in APDES Permitting Process. Alaska Department of

Environmental Conservation, Wastewater Discharge Authorization Program, Juneau, AK.

ADEC. 2018. Alaska’s Final 2014 -2016 Integrated Water Quality Monitoring and Assessment

Report, November, 2018. Alaska Department of Environmental Conservation, Wastewater

Discharge Authorization Program, Juneau, AK.

ADEC. 2011. Alaska Storm Water Guide. Alaska Department of Environmental Conservation,

Division of Water. Anchorage, AK.

ADEC. 2011. Alaska Pollutant Discharge Elimination System Permit for Storm Water

Discharges from Small Municipal Separate Storm Sewer Systems. Permit number AKS-053651.

Alaska Department of Environmental Conservation, Wastewater Discharge Authorization

Program, Anchorage, AK.

HDR, 2006. Final Knik Arm Crossing Essential Fish Habitat Assessment of the Proposed Action.

Prepared for the Knik Arm Bridge and Toll Authority, Anchorage, AK.

NMFS, 2005. Appendix G: Non-fishing Impacts to Essential Fish Habitat and Recommended

Conservation Measures. Prepared by the National Marine Fisheries Service, April 2005.

Tetra Tech, 2008. Evaluation of Options for Antidegradation Implementation Guidance.

Prepared for the Alaska Department of Environmental Conservation, Juneau, AK.

USEPA. (U.S. Environmental Protection Agency). 1983. Results of the Nationwide Urban

Runoff Program, Executive Summary. Office of Water, Washington, DC.

USEPA. (U.S. Environmental Protection Agency). 2009. Technical Guidance on Implementing

the Stormwater Runoff Requirements for Federal Projects under Section 438 of the Energy

Independence and Security Act. EPA-841-B-09-001. U. S. Environmental Protection Agency,

Washington, DC.

USEPA. (U.S. Environmental Protection Agency). 2010. MS4 Permit Improvement Guide. EPA-

833-R-10-001. U. S. Environmental Protection Agency, Washington, DC.


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APPENDIX A. FACILITY INFORMATION

Figure 3: JBER Area Map