Alaska Administrative Code

The following appendices to 40 C.F.R. Part 268, revised as of July 1, 2022, are adopted by reference: (1) Appendix III (list of halogenated organic compounds regulated under 268.32); (2) Appendix IV (wastes excluded from lab packs under the alternative treatment standards of 40 C…

(a) No person may construct or operate a hazardous waste management facility for which a permit is required under 18 AAC 62, a hazardous waste underground injection well classified under 40 C.F.R. 144.6(a)(1), a PCB incinerator for which approval to dispose of polychlorinated bip…

(a) At least 120 days before submitting to the department an application for siting approval under this chapter, an applicant who proposes to construct or operate a facility described in 18 AAC 63.010(a) shall(1) prepare a preliminary application that contains the information req…

(a) Upon completion of the pre-application requirements in 18 AAC 63.020, but no later than three years after the date of the advisory committee's final report, an applicant must submit to the commissioner a completed application, which must be signed as follows: (1) in the case …

(a) The active portion of a hazardous waste management facility that is not subject to the provisions of (e) of this section must meet the applicable setback distance in Table I of this subsection with regard to nearby land use. To meet the setback requirements, the mean annual h…

As required by 18 AAC 63.030(c) (11) an application for siting approval under this chapter must also include (1) a report that demonstrates the financial qualifications of the applicant as described in 40 C.F.R. 264.143 (codified as of July 1986); and (2) a report of the most rec…

In addition to the other applicable requirements of this chapter, an application for a hazardous waste or PCB incinerator, hazardous waste land facility, chemical waste landfill, or hazardous waste underground injection well must also include a report identifying the risk the fac…

In addition to the other applicable requirements of this chapter, an application for a hazardous waste or PCB incinerator must also include a report that (1) describes how the hazardous waste incinerator would meet the requirements of 40 C.F.R. Part 264, Subpart O (codified as of…

(a) In addition to the other applicable requirements of this chapter, each application for a hazardous waste land facility or chemical waste landfill must also include a proposed groundwater monitoring program that meets the requirements of (1) 40 C.F.R. 265.91 (codified as of Ju…

(a) An applicant seeking approval under this chapter for a site proposed for use as a hazardous waste land facility, chemical waste landfill, or hazardous waste underground injection well must demonstrate to the department's satisfaction that the naturally occurring geologic stra…

(a) At any time before the department's decision under this section, the applicant may request an informal pre-issuance conference to discuss the progress of the application. The request will be granted if the applicant demonstrates that holding a conference will materially aid t…

Unless the context indicates otherwise, in this chapter (1) "active portion" means that portion of a hazardous waste management facility where treatment, storage, or disposal operations will be or have been conducted; the active portion of an underground injection well is the con…

(a) A person who owns or operates any of the following public places shall provide litter receptacles as required in this chapter:(1) designated rest areas and scenic view points along public highways outside urban areas; (2) parks and recreation areas accessible by road; (3) cam…

(a) The minimum number of receptacles required in each public place under 18 AAC 64.005 is as follows: (1) along public highways, one receptacle at each rest area or scenic view point officially designated as such by the authority with jurisdiction over maintenance of the highway…

(a) Litter receptacles placed in compliance with this chapter must (1) hold at least 10 gallons; (2) keep their original shape when placed outdoors; (3) resist rust, corrosion, and other degradation; (4) conform with fire, safety, and public health laws, ordinances, and regulatio…

(a) The Alaska anti-litter symbol required by AS 46.06.050 to be placed on receptacles is as follows: CLICK TO VIEW SIGN (b) On request, the department will provide decals bearing the Alaska anti-litter symbol. (c) The decal described in (b) of this section must(1) be placed on l…

A person who places litter receptacles in compliance with this chapter must (1) empty them often enough to prevent overflow and offensive odors; (2) dispose of the contents in accordance with 18 AAC 60; and (3) maintain them to meet the requirements of this chapter. Notes 18 AAC …

In this chapter (1) "department" means the Department of Environmental Conservation; (2) "fast-food restaurant" means a restaurant that sells food packaged in disposable containers or wrappers, even when the food is to be consumed on the premises; (3) "litter receptacle" means a …

This chapter applies to grants made by the department under AS 46.06.120. Notes 18 AAC 65.005 Eff. 6/27/81, Register 78 Authority:AS 46.06.130 AS 46.03.020(10)

The department will make a grant to a project only for the purpose of (1) organizing and operating litter removal activities conducted by municipalities and non-profit organizations; (2) expanding or modifying existing facilities or planning, designing, and constructing new facil…

(a) The amount of a grant will not exceed $15,000. The department will, in its discretion, waive this limit only if (1) the total eligible grant requests received by the department do not exceed existing money available for grants under this chapter; or (2) the department determi…

(a) A grant may not be used to pay for a cost of the project which was incurred before the grant was awarded or for a cost associated with land right-of-way acquisitions, interest, financing, and preparation of grant applications and comprehensive plans. (b) The following costs a…

(a) Beginning with fiscal year 1982, on or before October 1 of each year, the department will provide public notice of the availability of grants for the purposes set out in 18 AAC 65.010. (b) A complete grant application submitted under this chapter must contain(1) the name, add…

(a) Before the department will disburse money under the grant, a grantee must submit to the department an agreement signed by the grantee which provides that the grantee (1) will spend the grant for the purposes specified in the grant application submitted by the grantee; (2) wil…

(a) A grantee shall submit a progress report to the department for each six-month period after the grant is accepted by the grantee under 18 AAC 65.030. The progress report must summarize accomplishments and actions taken during the preceding six months and itemize the expenditur…

A grantee shall make the sites, materials, and records of the project available to department personnel for audit and inspection. The department will provide adequate notice of audits and inspections and will schedule inspections during normal working hours. Notes 18 AAC 65.040 E…

If a project is abandoned or otherwise terminated before completion, the equipment purchased wholly with a grant under this chapter becomes the property of the department. Notes 18 AAC 65.045 Eff. 6/27/81, Register 78 Authority:AS 46.03.020(10)

(a) In each agreement executed under 18 AAC 65.030, the department will set out the terms of and a schedule of payment for the grant covered by that agreement. A grantee shall include a summary of costs and results as part of a payment request. The department will specify the inf…

Unless the context indicates otherwise, in this chapter (1) "department" means the Department of Environmental Conservation; (2) "eligible project" means a litter reduction or resource recovery project which qualifies for grant financing under this chapter and AS 46.06; (3) "recy…

(a) This chapter establishes a state waste reduction and recycling awards program and applies to awards made by the department, in consultation with the Department of Education and Early Development, under AS 46.11.070. (b) Subject to the requirements of this chapter and the avai…

On or before March 30 of each year that appropriations are available for awards under this chapter, the department will, in its discretion, award up to $2,000 to each public school that is determined by the department to meet the requirements of AS 46.11.070 and this chapter. Not…

(a) On or before October 1 of each year that appropriations are available for awards under this chapter, the department will provide public notice of the availability of awards and will send an awards program application form to each public school in Alaska. The notice will inclu…

(a) Applications received under this chapter will be reviewed by a committee consisting of three persons appointed by the commissioner of the department and two persons appointed by the commissioner of the Department of Education and Early Development. (b) The department will gro…

(a) Based upon recommendations from the committee under 18 AAC 66.030, and subject to the total amount of appropriations available each year, for each group established under 18 AAC 66.030(b), the department will grant(1) one or more waste reduction and recycling outstanding awar…

Unless the context indicates otherwise, in this chapter (1) "award" means a waste reduction and recycling award for a public school under AS 46.11.070; (2) "department" means the Alaska Department of Environmental Conservation; (3) "recycling" means the reuse of an original produ…

(a) In accordance with AS 46.03.461, an owner or operator shall register with the department on or before March 1 of each calendar year. (b) The oath required by AS 46.03.461(b) must be notarized and must be in substantially the following form: "I, (owner or operator) say on oath…

(a) An owner or operator, except for the state, shall (1) on or before June 1 of each calendar year, pay to the department the environmental compliance fee imposed by AS 46.03.480; and (2) in each calendar year in which the owner or operator caused or allowed to be operated a com…

(a) If a report, plan, fee, or other requirement of an owner or operator under this chapter has a specific date by which it must be submitted, the department will waive compliance with that deadline if the owner or operator demonstrates, to the satisfaction of the department, a r…

The department will post a summary of dates and other deadlines for compliance with certain requirements set out in this chapter on the department's Internet web site. Notes 18 AAC 69.020 The department's Internet website can be found at http://.dec.alaska.gov/water/cruise_ships/…

Except as specifically provided otherwise, each payment, plan, record, and report required to be provided under AS 46.03.460 - 46.03.490 and this chapter shall be submitted to the division assigned to air and water quality in Juneau, Alaska. The documents must be submitted electr…

(a) On or before March 1 of each calendar year, except in a calendar year in which a plan is valid for the calendar year under (c) of this section, an owner or operator who intends to cause or allow sewage, graywater, or other wastewater to be discharged into the marine waters of…

(a) An owner or operator who intends to cause or allow the discharge of sewage, graywater, or other wastewater into the marine waters of the state shall submit a vessel specific sampling plan no later than 21 days before sampling required under AS 46.03.465 is to occur. (b) A ves…

(a) As part of the plan required under AS 46.03.475(e)(1), that describes a vessel's policies and procedures for offloading in this state or disposing into the marine waters of the state of nonhazardous solid waste other than sewage, the owner or operator shall include, for each …

(a) As part of the plan required under AS 46.03.475(e)(2), that describes a vessel's policies and procedures for offloading of hazardous waste or a hazardous substance from a vessel while that vessel is operating in the marine waters of the state, and to the extent that the offlo…

Notes 18 AAC 69.045 Eff. 11/15/2002, Register 164; repealed 5/18/2006, Register 178

(a) An owner or operator of a small commercial passenger vessel who intends to operate under a plan for alternative terms and conditions under AS 46.03.462(k) must operate in accordance with a best management practices plan approved by the department under this section. If an own…

(a) An owner or operator shall maintain records required by AS 46.03.465(a) on board the vessel for 12 months, detailing each discharge of treated sewage, graywater, or other wastewater into the marine waters of the state. (b) For an intermittent discharge of treated sewage, gray…