Alaska Administrative Code

If federal money or other federal assistance is involved in a procurement by the authority, this chapter will govern except to the extent that it is superseded by federal regulations and provisions. In case of conflict, the federal regulations and provisions control. Notes 17 AAC…

In this chapter, unless the context requires otherwise, (1) "authority" means the Knik Arm Bridge and Toll Authority; (2) "board" means the authority's board of directors; (3) "executive director" means the authority's executive director; (4) "short-listed proposer" means a propo…

This chapter applies to the means by which landowners and contractors are granted immunity under AS 09.65.245(a) (immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants) from a civil action or…

The testing method used to determine the percentage of naturally occurring asbestos contained within gravel or other aggregate material to be used in projects described in this chapter is the California Environmental Protection Agency, California Air Resources Board, Method 435: …

(a) The procedures for establishing a designated area at the request of a municipality or person outside the limits of a municipality are as follows: (1) if all or part of the proposed designated area is within the limits of a municipality, the applicant must be the municipality;…

(a) An applicant intending to use materials containing naturally occurring asbestos at levels at or exceeding those established under AS 44.42.410 from within an area designated under 17 AAC 97.030 and who is seeking immunity provided under AS 09.65.245(a)(2) must submit a site-s…

The project owner and each contractor are responsible for fulfilling their respective requirements of the site-specific plan approved under 17 AAC 97.040. The contractor shall ensure that each party involved with the project, including each subcontractor, complies with the approv…

(a) In AS 44.42.400-44.42.430 and this chapter, (1) "landowner" means (A) the owner of the surface estate of land affected by the use in the project of materials containing naturally occurring asbestos; and (B) the owner of the subsurface estate of land affected by the use in the…

(a) Authorization to erect, maintain, and remove the double-fine zone signs described in this section is made to the following in the following manner: (1) authorized employees of the department; (2) contractors of the department, unless the commissioner or the commissioner's des…

(a) The provisions of 18 AAC 15.020 - 18 AAC 15.100 apply to application procedures for the following permits or written approvals: (1) waste management and disposal permits under AS 46.03.100 and 18 AAC 60.215, but not to Alaska Pollutant Discharge Elimination System permits iss…

(a) Except as provided in 18 AAC 15.130 - 18 AAC 15.140, an applicant for a permit or written approval subject to 18 AAC 15.020 - 18 AAC 15.100 must serve a complete application on the department. (b) An applicant must serve a complete application under (a) of this section for th…

All permit or approval applications must be signed as follows: (1) in the case of corporations, by a principal executive officer of at least the level of vice president or his duly authorized representative, if the representative is responsible for the overall management of the p…

(a) If, within the time period for review of the application established in 18 AAC 15.020(b), the department determines that either further information or a site visit is necessary in order to evaluate the operation, the department will serve notice on the applicant of the inform…

(a) Immediately after the service of a complete application for a solid waste disposal permit, a short-term variance from water quality standards, or a wastewater disposal permit, the department will publish two consecutive notices of the application in a newspaper of general cir…

(a) The department will hold a public hearing on a pesticide permit application under 18 AAC 90 if (1) no more than 30 days after the second publication of notice under 18 AAC 15.050(c), a hearing is requested by(A) 50 residents of the affected area; or (B) the governing body of …

(a) The provisions of this section apply solely to an application for a solid waste disposal permit, public pesticide program or project permit, permit for the water or aerial application of pesticides, short-term variance from water quality standards, or wastewater disposal perm…

(a) For an application served under 18 AAC 15.020(a), the appropriate division director or designee, within the applicable time period established in 18 AAC 15.020(b), shall serve the department's decision on the applicant. The decision will include (1) the permit, variance, or w…

As the department considers necessary to ensure that applicable criteria will be met, the department will attach terms and conditions to a permit, variance, or approval, including (1) operating, monitoring, inspection, sampling, and reporting requirements; (2) requirements to ens…

(a) The department will set a fixed term, not to exceed five years, for a permit or variance other than a plan approval for a (1) sewerage system or treatment works; or (2) public water system. (b) Except as otherwise prohibited, a permit, variance, or approval may not be assigne…

(a) The conditions of an expired permit issued under AS 46.03.100 continue to be fully effective and enforceable until the effective date of a new or renewed permit if the (1) permittee has timely submitted an application to renew the expiring permit or for a new permit that sati…

(a) A person who conducts an operation which results in the disposal of wastewater into the water of the state need not apply under secs. 20 - 100 of this chapter if the disposal is permitted under an NPDES permit, and the department has certified the NPDES permit in accordance w…

(a) Contemporaneous with the filing with EPA of an application for an NPDES permit, or for a modification or reissuance of an NPDES permit, a copy of the application and all supporting information, together with a cover letter requesting certification, must be served on the depar…

(a) Public notice of the certification application will be published jointly with notice of the proposed action by EPA under 40 C.F.R. 124.10. The notice will include the information required by 18 AAC 15.050(b). (b) If the certification request involves a proposed modification t…

(a) The department will determine whether to hold a public hearing on a certification application under 18 AAC 15.060(b). (b) If EPA holds a public hearing under 40 C.F.R. 124.12, that hearing, and the hearing under this section, will, when practicable, be held jointly. (c) If EP…

The department will serve upon the applicant, EPA, and each person who submitted timely comments upon the application or testified at a hearing held under 18 AAC 15.150, the decision of the appropriate division director or designee regarding certification. In the decision, the de…

Subject to sec. 130(a) of this chapter, the department will require at least 30 days to act on a request for certification of the regional administrator's determination under 40 C.F.R. sec. 125.3 (39 FR 27080 (July 24, 1974)). Notes 18 AAC 15.170 Eff. 11/25/77, Register 64 Author…

(a) A person may not undertake a federally licensed or permitted activity requiring certification under 33 U.S.C. 1341 (Clean Water Act, sec. 401) without first applying for and obtaining certification from the department under this section unless, after application, the departme…

(a) The informal review process allows the requester to address. with the department division that issued a contested decision, concerns over the decision without entering into a formal adjudicatory hearing process. An informal review request is not required before making a reque…

(a) An applicant for a permit or approval who is authorized by a provision of this title to seek a review of a fee decision of the department under this section may, within 30 days of receipt of the fee invoice, make a written request that the director of the division issuing the…

The provisions of 18 AAC 15.195 - 18 AAC 15.340 apply to adjudicatory hearings to review decisions described in 18 AAC 15.010(e), except adjudicatory hearings for administrative penalties under AS 46.03.761(d) or adjudicatory hearings under 18 AAC 23, 18 AAC 30, 18 AAC 31, 18 AAC…

To the extent provided in AS 44.62.330(a), AS 46.03.880, AS 46.04.890, and AS 46.14.200, the adjudicatory hearing procedures in this chapter supersede the adjudicatory hearing procedures contained in AS 44.62.330-44.62.630 (Administrative Procedure Act). Notes 18 AAC 15.196 Eff. …

(a) Not later than 30 days after the department issues a decision reviewable under 18 AAC 15.195 - 18 AAC 15.340 or not later than 30 days after the director issues a final decision under 18 AAC 15 .185, whichever is later, a person authorized to request an adjudicatory hearing u…

(a) Notwithstanding 18 AAC 15.195 - 18 AAC 15.340, the department and the parties may engage in alternative dispute resolution as provided in 2 AAC 64.200. However, a request for an adjudicatory hearing must be filed in accordance with 18 AAC 15.200 at the same time as or before …

(a) The department's decision is effective when issued. The department's decision is not automatically stayed during the pendency of proceedings under this chapter. A requester may, not later than the deadline for service of a request for a hearing under 18 AAC 15.200, serve upon…

(a) As provided in AS 44.64.060(b), the commissioner will, not later than 10 days after receiving a properly served hearing request,(1) deny the request (A) for a reason provided by law; or (B) by vacating and remanding the matter to the division director for further action; or (…

(a) A person who wants to intervene in proceedings granted by the commissioner may serve upon the administrative law judge a request to intervene that contains the information and meets the requirements specified in 18 AAC 15.200, not later than 15 days after publication of notic…

(a) The commissioner may consolidate, in whole or in part, two or more proceedings to be held under this chapter, if the commissioner determines that a joint hearing on any or all of the matters at issue would expedite or simplify consideration of the issues and that consolidatio…

(a) Under AS 44.64.030, an administrative law judge will conduct (1) an adjudicatory hearing granted by the commissioner under this chapter; or (2) a hearing granted by the commissioner under this chapter on the existing record and on written briefs. (b) The commissioner may desi…

Notes 18 AAC 15.235 Eff. 7/11/2002, Register 163; repealed 11/5/2017,Register 224, January 2018 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More compariso…

(a) As provided in AS 44.64.060(b), if a hearing request is referred to the office of administrative hearings under 18 AAC 15.220(a), and not later than 15 days after receiving a hearing request, the division director shall provide to the office of administrative hearings a copy …

Notes 18 AAC 15.240 Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; repealed 11/5/2017,Register 224, January 2018 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarter…

A party may not submit a factual contention or expert opinion that was not submitted timely to the department before the department's issuance of the contested decision unless the party shows good cause for the failure to submit the item. A party may not raise an issue of fact or…

Notes 18 AAC 15.247 Eff. 7/11/2002, Register 163; repealed 11/5/2017,Register 224, January 2018 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More compariso…

Notes 18 AAC 15.250 Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; repealed 11/5/2017,Register 224, January 2018 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarter…

Notes 18 AAC 15.255 Eff. 7/11/2002, Register 163; repealed 11/5/2017,Register 224, January 2018 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More compariso…

Notes 18 AAC 15.260 Eff. 11/25/77, Register 64; repealed 7/11/2002, Register 163 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will…

Notes 18 AAC 15.270 Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; repealed 11/5/2017,Register 224, January 2018 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarter…

Notes 18 AAC 15.280 Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; repealed 11/5/2017,Register 224, January 2018 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarter…

Notes 18 AAC 15.290 Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; repealed 11/5/2017,Register 224, January 2018 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarter…

Notes 18 AAC 15.300 Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; repealed 11/5/2017,Register 224, January 2018 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarter…