Alaska Administrative Code

(a) Subject to (b) of this section, on or before November 15 of each calendar year in which the owner or operator has caused or allowed to be operated a commercial passenger vessel in the marine waters of the state, the owner or operator shall submit a written or electronic repor…

(a) If the fecal coliform level in a sample taken under AS 46.03.460-46.03.490 exceeds the maximum fecal coliform limit in AS 46.03.463(b) or (c), the owner or operator may resample and retest, if (1) all resampling occurs not later than 30 days after the original sampling; (2) n…

The department may require an owner or operator to provide information in that owner's or operator's custody or control that is material and reasonably necessary to assist the department in carrying out the purposes of AS 46.03.462 and 46.03.465. Notes 18 AAC 69.075 Eff. 11/15/20…

(a) In determining compliance with AS 46.03.463(f), the department will consider the owner or operator of a small commercial passenger vessel to have a properly maintained and properly operated marine sanitation device if (1) the vessel has a manufacturer's certification plate sp…

(a) For purposes of compliance with AS 46.03.462(b)(5), the owner or operator shall allow an agent or employee of the department, who is authorized in writing by the commissioner and upon presentation of credentials, to enter upon the premises where sewage, graywater, or other wa…

(a) An owner or operator shall ensure that the sampling required under AS 46.03.465 is conducted by a qualified, approved person. The owner or operator must submit information describing the qualifications of the proposed person to be approved no later than 21 days before samplin…

Not later than 30 days after a final department decision under AS 46.03.462(k) or 18 AAC 69.950 any person may submit a request for an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340. Notes 18 AAC 69.945 Eff. 11/15/2002, Register 164; am 11/5/2017,Register 224, January 2…

An owner or operator subject to this chapter may request an informal review under 18 AAC 15.185 - 18 AAC 15.190 of a final department decision under this chapter. Notes 18 AAC 69.950 Eff. 11/15/2002, Register 164 Authority:AS 46.03.020 AS 46.03.460

(a) The department will maintain a list of interested persons who wish to be informed when the department (1) receives a request for an alternative term or condition under AS 46.03.462(k); and (2) makes a final decision under 18 AAC 69.950. (b) When the department receives a requ…

Unless the context indicates otherwise, in this chapter, (1) "approval" means written or electronic approval by the department; (2) "approved" means approved in writing or electronically by the department; (3) repealed 5/18/2006; (4) "calendar year" means a period of time between…

(a) Except as provided in (b) of this section and where this chapter is specifically made applicable under 18 AAC 60. 18 AAC 75 or 18 AAC 78, the provisions of this chapter as they are applicable to groundwater do not apply to (1) a site undergoing a response action approved by t…

(a) A person may not conduct an operation that causes or contributes to a violation of the water quality standards set by this chapter. (b) The water quality standards set by this chapter specify the degree of degradation that may not be exceeded in a waterbody as a result of hum…

(a) It is the state's antidegradation policy that(1) existing water uses and the level of water quality necessary to protect existing uses must be maintained and protected; (2) if the quality of a water exceeds levels necessary to support propagation of fish, shellfish, and wildl…

(a) General requirements for antidegradation analyses. The department's antidegradation policy under 18 AAC 70.015 applies to all waters of this state. The provisions of 18 AAC 70.015(a)(1) - (3) identify three tiers of water quality and water quality protection, Tiers 1, 2, and …

(a) Classes and subclasses of use of the state's water protected by criteria set out under (b) of this section are (1) fresh water (A) water supply (i) drinking, culinary, and food processing; (ii) agriculture, including irrigation and stock watering; (iii) aquaculture; (iv) indu…

After 11/1/97, when, to protect human health, the department adopts water quality criteria for a carcinogenic substance, the criteria will be based on a lifetime incremental cancer risk level of 1 in 100,000 for exposed individuals. Notes 18 AAC 70.025 Eff. 11/1/97, Register 143 …

(a) An effluent discharged to a water may not impart chronic toxicity to aquatic organisms, expressed as 1.0 chronic toxic unit, at the point of discharge, or if the department authorizes a mixing zone in a permit, approval, or certification, at or beyond the mixing zone boundary…

In applying the appropriate water quality criteria for any waterbody or portion of a waterbody, the department will use the following procedures: (1) if a waterbody is protected for more than one use class under 18 AAC 70.050 or 18 AAC 70.230(e), the most stringent water quality …

(a) Except as specified in 18 AAC 70.230(e), state water is protected for the following use classes: (1) fresh waters - Classes (1)(A) - (1)(C); (2) groundwaters - Class (1)(A); and (3) marine waters - Classes (2)(A) - (2)(D). Notes 18 AAC 70.050 Eff. 11/1/97, Register 143 Author…

(a) In its discretion, the department will grant a short-term variance from the antidegradation policy standard of 18 AAC 70.015 or the water quality criteria of 18 AAC 70.020(b) for (1) a one-time, temporary activity that is a nonpoint source of water pollution; and (2) a tempor…

(a) Upon application or on its own initiative, the department may authorize a water quality standards variance, that establishes a time - limited designated use and an associated water quality criterion that represent the highest attainable condition, consistent with the requirem…

(a) The department will, in its discretion, issue or certify a permit that allows deposit of substances on the bottom of marine waters within limits set by the department. The water quality criteria of 18 AAC 70.020(b) and the antidegradation requirement of 18 AAC 70.015 may be e…

Under section 316(a) of the Clean Water Act, if the owner or operator of a thermal discharge source, after opportunity for public hearing, can show to the department's satisfaction that application of the temperature criterion in 18 AAC 70.020 is more stringent than needed to ass…

(a) Upon application upon petition, or on its own initiative, the department may adopt, modify, or repeat protected water use classes in 18 AAC 70.050 for a water of the state in accordance with 40 C.F.R 131.10, revised as of July 1, 2019, and adopted by reference. (b) Before cha…

(a) The department may establish a site-specific water quality criterion that modifies a water quality criterion set out in 18 AAC 70.020(b) in regulation as described in (c) of this section. (b) Repealed 12/28/2006. (c) Upon application, or on its own initiative, the department …

(a) Under 18 AAC 70.235, the department has established site-specific criteria that modify certain general criteria set out in 18 AAC 70.020(b) for the waterbodies listed in (b) of this section. The site-specific criteria apply only to the affected designated use class indicated …

(a) Upon application, the department may authorize in a discharge permit or certification, a mixing zone or multiple mixing zones in which the water quality criteria and any limit set under this chapter may be exceeded. The applicant shall provide to the department all available …

Notes 18 AAC 70.245 Eff. 11/1/97, Register 143; repealed 3/23/2006, Register 177

Notes 18 AAC 70.250 Eff. 11/1/97, Register 143; repealed 3/23/2006, Register 177

Notes 18 AAC 70.255 Eff. 11/1/97, Register 143; repealed 3/23/2006, Register 177

Notes 18 AAC 70.260 Eff. 11/1/97, Register 143; repealed 3/23/2006, Register 177

Notes 18 AAC 70.270 Eff. 11/1/97, Register 143; repealed 3/23/2006, Register 177

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) permit conditions established in accordance with AS 46.03.100 or 46.03.110(e), and with 18 AAC…

(a) If the department determines that more time is required for a facility to come into full compliance with the water quality standards under this chapter, and if the department determines that allowing a facility more time to come into full compliance will not harm or threaten …

Unless the context indicates otherwise, in this chapter (1) "acute" means of, relating to, or resulting from a level of toxicity of a substance, a substance combination, or an effluent sufficient to produce observable lethal or sublethal effects in aquatic organisms exposed for s…

(a) This chapter provides procedures for submission, review, and approval of applications for grants to study and test innovative methods or practices of waste disposal, pollution control, gold recovery, and water use reduction in placer mining, in accordance with AS 46.16.010 - …

(a) Grant money may be used to purchase, construct, operate, study, and test new placer mining equipment and methods of management and use of water in placer mining. (b) Grant money may be used to modify, operate, study, and test innovative methods using equipment already ordered…

(a) An applicant must furnish information showing a history of successful placer mining in Alaska. Examples of such information include (1) the dates, locations, and descriptions of the applicant's placer mining experience in Alaska; (2) the number of employees supported by the a…

(a) The committee will apply a uniform rating system to evaluate applications. The ratings will be used to assign priorities to, and make recommendations for, denial or approval of proposed projects. Ratings will be kept by the department and will be available for public inspecti…

(a) Availability of grant money will be announced in legal and display advertisements in Alaska newspapers of general circulation selected by the department. A mailing list will be kept of all persons who ask to be on a mailing list. Persons on that list will be given reasonable …

(a) Proposed project changes must be approved in advance by the department. The commissioner will not approve changes to project design that will significantly alter project aims. Approved changes that result in a reduction in total project costs to a level below that of the orig…

When necessary to protect proprietary information, actual value of minerals recovered and similar information may be expressed in relative terms such as percentages. Each application must clearly state how (in what units, for example) proprietary information will be expressed in …

(a) Upon approval of initial project plans and reports, and a showing that all applicable permits and approvals have been received or applied for, the department will pay out 45 percent of the total grant amount to the grantee. (b) Upon completion of 50 percent of the project, as…

If a grantee fails to comply with any provision of AS 46.16.010-46.16.100, this chapter, or the grant agreement, the department will, in its discretion, withhold payments and recover previous payments by any legal means. Success of a project in demonstrating innovative methods of…

In this chapter (1) "commissioner" means the commissioner of environmental conservation for grants related to innovative pollution control and waste disposal methods, and the commissioner of natural resources for grants related to methods of gold recovery and water use reduction;…

(a) The purpose of this chapter is to protect human health, the environment, and water quality by establishing (1) standards for the design, construction, performance, operation, and maintenance of wastewater collection, storage, treatment, and disposal systems; and (2) minimum s…

The department may consult with a technical review committee, which may include governmental agencies, non-governmental organizations, industry professionals, and communities, regarding pilot projects, revisions to technical specifications and construction standards, or innovativ…