Alaska Admin. Code tit. 20, § 25.1120 – Conditions applicable to all permits | Midpage
§ 20.25.1120
Alaska Admin. Code tit. 20, § 25.1120
Conditions applicable to all permits
(a) For each storage facility permit, including a draft permit under 20 AAC 25.1100, the commission will incorporate, either expressly or by reference, the conditions of this section and applicable federal or state law. If incorporated by reference, a specific citation to the applicable state regulation must be given in the permit. The storage operator shall comply with all conditions of the permit; any noncompliance constitutes a violation of the Safe Drinking Water Act, and is grounds for enforcement action, for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. The storage operator shall give advance notice to the commission of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements
(b) If a storage operator wishes to continue an activity regulated by a storage facility permit after the expiration date of the permit, the storage operator shall apply for and obtain a new permit.
(c) It is not a defense for a storage operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the conditions of the permit;
(d) A storage operator shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this permit;
(e) A storage facility operator shall at all times properly operate and maintain all facilities and systems of treatment and control, and related appurtenances, which are installed or used by the storage operator to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This responsibility requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. A storage operator shall give notice to the commission as soon as possible of any planned physical alterations or additions to the storage facility.
(f) A storage facility permit may be modified, revoked and reissued, or terminated for cause under 20 AAC 25.1410. The filing of a request by the storage operator for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(g) Except as provided by AS 41.06.165; the storage facility permit does not convey any property rights of any sort, or any exclusive privilege; nor does it authorize any injury to persons or property or invasion of other private rights, or any infringement of state or local law or regulations.
(h) The storage operator shall furnish to the commission, within a time specified by the commission, any information which the commission may request to determine whether cause exists for modifying, revoking and reissuing, or terminating a storage facility permit, or to determine compliance with the permit. The storage operator shall also furnish to the commission, upon request, copies of records required to be kept by the storage facility permit.
(i) The storage operator shall allow the commission or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:
(1) enter the storage facility premises where the regulated facility or activity is located or conducted or where records must be kept under the conditions of the permit;
(2) have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;
(3) inspect at reasonable times, any facilities, equipment, including monitoring and control equipment, practices, or operations regulated or required under the permit; and
(4) sample or monitor at reasonable times, for the purposes of assuring permit compliance, or as otherwise authorized by the Safe Drinking Water Act, any substance or parameters at any location.
(j) The storage operator shall prepare, maintain, and comply with a testing and monitoring plan under 20 AAC 25.1250.
(k) The storage operator shall comply with reporting requirements under 20 AAC 25.1610.
(l) The storage operator shall obtain a Class VI well permit under 20 AAC 25.1180, and a Class VI well must meet the construction and completion requirements of 20 AAC 25.1210.
(m) The storage operator shall prepare, maintain, and comply with a Class VI well plugging plan under 20 AAC 25.1300(b).
(n) The storage operator shall establish and maintain mechanical integrity before commencing injection and shall maintain mechanical integrity under 20 AAC 25.1240.
(o) The storage operator shall prepare, maintain, and comply with the area of review and corrective action plan under 20 AAC 25.1070.
(p) The storage operator shall maintain financial responsibility under 20 AAC 25.1200.
(q) The storage operator shall maintain and comply with the postinjection and site care and facility closure plan under 20 AAC 25.1310.