1. (a) The department may establish a site-specific water quality criterion that modifies a water quality criterion set out in 18 AAC 70.020(b)

   1. (1) in a permit as set out under (b) of this section; or
   2. (2) in regulation as set out under (c) of this section.
2. (b) Upon application, the department may set site-specific criteria in a permit using a performance based approach adopted by the department under this chapter.

3. (c) Upon application, or on its own initiative, the department may set site-specific criteria in regulation if the department finds that the evidence reasonably demonstrates that the site-specific criterion will fully protect designated uses in 18 AAC 70.020(b) and that

   1. (1) for reasons specific to a certain site, a criterion in 18 AAC 70.020(b) is more stringent or less stringent than necessary to ensure full protection of the corresponding use class; or
   2. (2) a criterion would be better expressed in terms different from those used in 18 AAC 70.020(b).

4. (d) The department will set a site-specific criterion under (b) or (c) of this section for the "growth and propagation offish, shellfish, other aquatic life, and wildlife" use classes in 18 AAC 70.020(a)(l)(C) and 18 AAC 70.020(a)(2)(C) only if the department finds that the evidence is sufficient to reasonably demonstrate that

   1. (1) the species or habitats present, or expected to be present under natural conditions, are more sensitive or less sensitive to a substance than indicated by the criterion, and a site-specific criterion is required to prevent adverse effects or to alleviate an unnecessarily restrictive general criterion; or
   2. (2) the natural characteristics of the receiving environment would increase or reduce the biological availability or the toxicity of a substance, or otherwise alter the substance, and a site-specific criterion is required to prevent adverse effects or to alleviate an unnecessarily restrictive general criterion.
5. (e) An applicant seeking a site-specific criterion under this section shall provide all information that the department determines is necessary to modify an existing criterion. The department will, in a timely manner, request and review for completeness, information submitted under this subsection. In all cases, the burden of proof is on the applicant seeking a site-specific criterion.

(Eff. 11/1/97, Register 143; am 4/29/99, Register 150; am 12/28/2006, Register 180)

Authority: AS 46.03.010, AS 46.03.070, AS 46.03.110, AS 46.03.020, AS 46.03.080, AS 46.03.710, AS 46.03.050, AS 46.03.100, AS 46.03.720