The Department of ENVIRONMENTAL CONSERVATION, DIVISION OF WATER is soliciting proposals for PROFESSIONAL CONSULTATION SERVICES. DEC is seeking assistance to develop a state policy and procedure for differentiating/delineating those “waters of the state” as defined in Alaska Statute 46.03.900 versus those waters of the state also defined as a “water of the United States” as defined in 40 C.F.R. 120.2 (01/21/25), referenced in federal litigation (i.e., Sackett 2023), and the issuance of federal guidance (e.g., Procedural memos published by the Army Corps of Engineers/Environmental Protection Agency). The consultant will provide a formal policy to be considered by the department that qualifies how the department will determine whether a state wastewater permit issued under state regulations at 18 AAC 83 is subject to federal regulations established in §402 of the Clean Water Act, how to determine the presence of “adjacency” of a state water or wetland to a Water of the U.S., and what defines a relatively permanent surface water connection of a state water to a Water of the U.S. The goal of this project is to have a robust policy that will provide greater certainty when determining whether a wastewater discharge permit issued under 18 AAC 83 is subject to §402 of the Clean Water Act.
