In determining whether to initiate an enforcement action on a water quality violation, the department will consider whether the activity in question was conducted in compliance with

1. (1) permit conditions established in accordance with AS 46.03.100 or 46.03.110(e), and with 18 AAC 15;
2. (2) engineering plans approved in accordance with AS 46.03.720; or
3. (3) best management practices as determined by the department.

(Eff. 11/1/97, Register 143)

Authority: AS 46.03.020, AS 46.03.050