Alaska Administrative Code

An application submitted under 18 AAC 75.523 must include the following information: (1) the applicant's name, address, and telephone number, and any facsimile number; (2) the role of the response planning facilitator, as described in 18 AAC 75.428(a) (1) or (2); (3) as applicabl…

(a) The following fees are established for registration of oil spill primary response action contractors, except as provided in (b) - (e) of this section, and must be submitted with the appropriate application: (1) for initial application, $500; (2) for renewal, $100. (b) The dep…

(a) After receipt of an application for registration or renewal as an oil spill primary response action contractor, the department will determine whether the application is complete. If the department finds that an application is incomplete, the applicant will be notified of the …

(a) After receipt of an application for registration as a streamlined plan cleanup contractor under 18 AAC 75.521, the department will determine whether the application is complete. If the department finds that an application is incomplete, the applicant will be notified of the n…

(a) After receipt of an application for registration as an incident management team under 18 AAC 75.522, the department will determine whether the application is complete. If the department finds that an application is incomplete, the applicant will be notified of the need for ad…

(a) After receipt of an application for registration as a response planning facilitator under 18 AAC 75.523, the department will determine whether the application is complete. If the department finds that an application is incomplete, the applicant will be notified of the need fo…

(a) In addition to the requirements of (b) of this section, the minimum registration standards and verification requirements for an oil spill primary response action contractor listed in an approved oil discharge prevention and contingency plan are the oil discharge prevention an…

(a) The minimum registration standards for streamlined plan cleanup contractors are set out in (b) - (f) of this section. (b) Response equipment maintained by, or available under contract to the contractor must meet the following conditions: (1) at a minimum, response equipment m…

(a) The minimum registration standards for streamlined plan incident management teams are set out in (b) - (i) of this section. (b) The streamlined plan incident management team shall, at a minimum, meet the registration requirements set out in Table H of this subsection. TABLE G…

(a) As applicable under 18 AAC 75.428(a) (2), a response planning facilitator shall maintain contracts with or membership in the streamlined plan cleanup contractors and incident management teams identified in 18 AAC 75.533(3) - (5). (b) Professional response action standards and…

(a) The department may conduct announced and unannounced discharge exercises to ensure that a streamlined plan cleanup contractor or incident management team is adequately prepared to act in the event of a spill. No more than two exercises will be required for a streamlined plan …

(a) If the department determines that an oil spill primary response action contractor, streamlined plan cleanup contractor, incident management team, or response planning facilitator has failed to meet or maintain a minimum registration standard identified in 18 AAC 75.560 - 18 A…

Unless the department has taken action under 18 AAC 75.570 for failure to comply, a registered oil spill primary response action contractor, streamlined plan cleanup contractor, streamlined plan incident management team, or response planning facilitator may ask the department to …

18 AAC 75.605 - 18 AAC 75.670 establish a schedule of civil penalties under AS 46.03.758 for the discharge of petroleum and petroleum products and byproducts, other than crude oil. The schedule of civil penalties does not apply to a discharge that is specifically made subject to …

(a) For the purposes of AS 46.03.758(b)(1)(A), freshwater environments with significant aquatic resources are classified as follows: (1) Critical freshwater environments include (A) surface and subsurface water supplies that are currently being used or may reasonably be expected …

(a) For the purposes of AS 46.03.758(b)(1)(B), estuarine, intertidal, and saltwater environments are classified as follows: (1) Critical marine environments include (A) marine water within the boundaries of state game refuges established under AS 16.05.255(1) or AS 16.20; (B) mar…

(a) For the purposes of AS 46.03.758(b)(1)(C), public land is classified as follows:(1) Critical terrestrial environments include(A) state game reserve areas, refuges, and sanctuaries established under AS 16.05.255(1) or AS 16.020; (B) state parks, campgrounds, and waysides; (C) …

For the purposes of AS 46.03.758(d), the toxicity of petroleum and petroleum products and byproducts is as follows: (1) highly toxic: (A) numbers 1, 2, and Arctic diesel fuel and heating oil; (B) jet aviation fuels A and B; (C) motor gasoline, including aviation gasoline; (D) ker…

For the purposes of AS 46.03.758(d), the degradability of petroleum and petroleum products and byproducts is as follows: (1) low degradability: (A) asphalt; (B) tar; (C) bunker and residual fuel oils; and (D) other petroleum and petroleum products and byproducts not otherwise lis…

For the purposes of AS 46.03.758(d), the dispersibility of petroleum and petroleum products and byproducts is as follows: (1) highly dispersible: (A) motor gasoline, including aviation gasoline; (B) all jet fuels; (C) kerosene; (D) numbers 1, 2, and Arctic diesel fuel and heating…

The schedule of civil penalties for which a person may be held liable under AS 46.03.758(e) is established as follows: (1) The base civil penalty for a discharge into a receiving environment is as follows: Receiving Environment Freshwater Marine Public Land Critical environments …

(a) No person may discharge, cause to be discharged, or permit the discharge of oil, asphalt, bitumen, or a residuary product of petroleum onto the land of the state unless that person has been issued a surface oiling permit under 18 AAC 75.730. (b) An application for a surface o…

A person who proposes to construct one or more of the following types of surfaces is not required to obtain a surface oiling permit under this chapter, but shall ensure that construction of the surface does not result in pollution of land or waters of the state: (1) a bituminous …

(a) The use of oil for surface oiling or as a dust suppressant is prohibited if the oil contains any of the following components in the concentrations indicated: (1) polychlorinated biphenyls (PCBs) in any detectable concentration; (2) total volatile aromatics in 5000 parts per m…

(a) The department will, in its discretion, grant or deny an application submitted under 18 AAC 75.700. The department will consider the following criteria before issuing a decision under this section: (1) the potential for pollution of adjacent waters, including groundwater; (2)…

Notwithstanding 18 AAC 70.020, 18 AAC 72.010, and 18 AAC 75.700 - 18 AAC 75.730, the department will, in its discretion, issue a permit for the discharge of oil, asphalt, bitumen, or a residuary product of petroleum onto the land or into state waters for research and scientific p…

(a) An application for a permit under 18 AAC 75.800 must be made on forms supplied by the department. The application must be sent to the department at least 60 days before the proposed discharge is to begin. The application must include (1) the name, address, and telephone numbe…

The department will, in its discretion, and after giving notice to the permittee, modify the terms and conditions of a permit issued under 18 AAC 75.810 if the department finds that modification is necessary to protect the environment. Notes 18 AAC 75.820 Eff. 5/14/92, Register 1…

The department will, in its discretion, and after giving notice to the permittee, terminate a permit issued under 18 AAC 75.810 if the department finds that (1) the permit was obtained by misrepresentation of a material fact or by failure of the applicant to fully disclose the fa…

Notes 18 AAC 75.835 Eff. 6/24/2017, Register 222, July 2017; repealed 10/18/2023, Register 248, January 2024 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. M…

Notes 18 AAC 75.840 Eff. 6/24/2017, Register 222, July 2017; repealed 10/18/2023, Register 248, January 2024 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. M…

Notes 18 AAC 75.849 Eff. 6/24/2017, Register 222, July 2017; repealed 10/18/2023, Register 248, January 2024 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. M…

No person may falsely state information submitted under AS 46.03, AS 46.04, AS 46.09, or this chapter. Notes 18 AAC 75.905 Eff. 5/14/92, Register 122 Authority:AS 46.03.020 AS 46.03.790 AS 46.04.070 State regulations are updated quarterly; we currently have two versions available…

(a) In order to implement the provisions of AS 46.03.760(d), 46.03.822, AS 46.04.010, and AS 46.08.070, the department will complete and maintain documentation to support its response actions and to form the basis for cost recovery. (b) Each person who is liable under AS 46.03.76…

Unless the context indicates otherwise, in this chapter (1) "accumulation" means the action or process that causes or results in the gradual increase in the quantity, concentration, or type of hazardous substance over time; (2) "approval" means written approval by the department;…

The regulations in 18 AAC 76.005 - 18 AAC 76.100 apply to financial assistance from the Alaska clean water fund, a federally-sponsored fund authorized by 33 U.S.C. 1381 - 33 U.S.C. 1387 (Title VI, Clean Water Act) and created by AS 46.03.032(a). Financial assistance from the Alas…

(a) A municipality or other qualified entity under AS 46.03.032 may apply to the department for financial assistance from the Alaska clean water fund for a project described in AS 46.03.032. (b) Repealed 8/2/97. (c) Project costs eligible for refinancing from the Alaska clean wat…

(a) As part of its intended use plan required under 33 U.S.C. 1386(c), the department will establish a proposed project priority list. To receive financial assistance from the Alaska clean water fund, a project must be included on the Alaska clean water fund priority list develop…

(a) The department will review and approve an application for financial assistance from the Alaska clean water fund according to criteria set out in 18 AAC 76.005 - 18 AAC 76.100. To apply for financial assistance, an applicant must submit (1) a completed application on forms pro…

(a) The department may set out affordability criteria in its priority list process under 18 AAC 76.020, as part of its criteria and procedures for distribution of financial assistance. (b) The department may provide a subsidy to an applicant in the form of principal forgiveness, …

(a) The applicant shall consult with the department during facility planning to determine the required level of environmental review. The department will notify the applicant of the type of environmental documentation that will be required, if any. If required by the department, …

(a) In deciding whether to approve a request for financial assistance from the Alaska clean water fund, the department will consider the following factors in evaluating an applicant's ability to repay financial assistance, and will require that each factor be documented or satisf…

(a) The borrower shall (1) establish and pledge one or more dedicated sources of revenue for repayment of the financial assistance; (2) award any construction contract estimated to equal or exceed $50,000 through a competitive bidding process, unless the department approves anoth…

(a) After the project is completed, the borrower shall notify the department in writing of initiation of operation. The department will then conduct a final on-site inspection of the project. Within one year after initiation of operation, the department will, in its discretion, c…

(a) Except as provided in 18 AAC 76.035 for a loan subsidy, the amortization schedule for financial assistance from the Alaska clean water fund will be negotiated between the borrower and the department. The department will not negotiate an amortization schedule that either excee…

(a) In the amortization schedule established under 18 AAC 76.080 for financial assistance provided from the Alaska clean water fund, the department will include a fixed fee of one-half of one percent of the total amount of financial assistance disbursed. (b) The department will c…

The department will use the fee specified in 18 AAC 76.085(a) for (1) direct department costs, including (A) salaries; (B) equipment; (C) travel; and (D) professional service contracts; (2) indirect department costs, including(A) rent costs allocable to the program; and (B) utili…

(a) The department will make payments from the Alaska clean water fund based on invoices submitted by the borrower if the requirements of 18 AAC 76.005 - 18 AAC 76.100 and the financial assistance agreement are met. (b) The department will make no more than one payment during any…

(a) If the department denies a financial assistance request, the applicant may file a written request for reconsideration with the director within 30 days after receipt of the department's decision. (b) The director will, in the director's discretion, reconsider a request if the …

(a) The provisions of 18 AAC 76.200 - 18 AAC 76.265 apply to financial assistance from the Alaska drinking water fund, a federally-sponsored fund authorized by 42 U.S.C. 300 f - 42 U.S.C. 300j-25 (Safe Drinking Water Act), and created by AS 46.03.036(a). (b) Except as otherwise p…