Alaska Administrative Code

Notes 18 AAC 85.750 Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

Notes 18 AAC 85.760 Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

Unless the context requires otherwise, in this chapter, (1) "continuous wave laser" means a laser that emanates a continuous beam as opposed to a pulsed laser; (2) "controlled area" (A) means any area in which access is controlled by a person subject to this chapter for purposes …

Notes 18 AAC 85.780 Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

(a) This chapter provides environmental review and promotes local involvement in siting nuclear facilities. It does not regulate any aspect of radioactive or nuclear safety, which is preempted by federal law and exclusively regulated by the federal government. (b) This chapter ap…

(a) Not fewer than 120 days before submitting an application for siting approval under this chapter to the department, an applicant who proposes to construct or install a facility described in 18 AAC 87.010(b) shall (1) prepare a preliminary application that contains(A) the infor…

(a) Upon completion of the pre-application requirements in 18 AAC 87.100, but not later than three years after the public notice, an applicant must submit a completed application to the department that must be signed as follows: (1) for a corporation, a responsible corporate offi…

(a) After receiving a complete application, the department will make a preliminary decision to issue or deny a permit after reviewing the information contained in the application and the public record, based on the (1) satisfactory completion of pre-application requirements in 18…

(a) The department will give notice to the public that a draft permit has been prepared under 18 AAC 87.210. (b) In a public notice, the department will allow at least 30 days for public comment on the draft permit. (c) The department will give public notice of a draft permit(1) …

When the department requests the municipality's approval of the department's proposal to issue a permit under 18 AAC 87.210(b)(3)(A), but the municipality with jurisdiction does not issue an approval, the municipality shall provide the department with a detailed basis for the dec…

(a) The department will not issue a facility siting permit until the department has received approval from (1) the municipality with jurisdiction over the proposed facility site; or (2) the legislature if the proposed facility site is not within the jurisdiction of a municipality…

(a) If the permittee becomes aware of a significant environmental change or impact attributable to the facility or a facility expansion, the permit holder shall submit, as soon as possible, a written report to the department describing the impact on the facility and any affected …

(a) The department may terminate a siting permit(1) for any false statement in the application or additional materials submitted when a true answer would have warranted a denial of the permit; or (2) for failure to comply with the terms or conditions of the siting permit. (b) Not…

A person authorized under 18 AAC 15.200 may request an informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340 to review a final department decision to issue, deny, modify, or terminate a permit under 18 AAC 87.230, 18 AAC 87.240, and 18…

(a) The location of a microreactor facility must meet the location requirements in this section. (b) The location of a microreactor facility must comply with the following separation distances: (1) the minimum separation distance between a microreactor and any property boundary o…

In this chapter, (1) "approved" means approved by the department; (2) "construction" (A) means to build, erect, or install a (i) nuclear fuel production facility; (ii) nuclear utilization facility, including a microreactor; (iii) reprocessing facility; or (iv) nuclear waste dispo…

(a) The purpose of this chapter is to protect human health, safety, and welfare, animals, and the environment by ensuring the proper use, sale, distribution, transportation, storage, and disposal of pesticides and their containers. (b) This chapter applies to any person who uses,…

In addition to other prohibitions set out in this chapter, a person may not (1) display, store, abandon, transport, use, sell, distribute, or dispose of a pesticide or a pesticide container in a manner that might endanger human health, safety, or welfare, animals, or the environm…

(a) A person may not distribute or sell(1) any pesticide unless it has been registered as required by 18 AAC 90.200 - 18 AAC 90.235; or (2) a restricted-use pesticide unless the person is a certified pesticide dealer and has proof that the purchaser is (A) certified under this ch…

(a) As required by 18 AAC 75.300(a) (1)(A), if there is a discharge of a pesticide from a vessel, vehicle, container, or area that is used to store, transport, or dispose of a pesticide, the person having responsibility for the vessel, vehicle, container, or area that is used to …

(a) Except as provided in (b) of this section, a person may not distribute or sell a pesticide unless that pesticide is currently registered under 18 AAC 90.215. (b) The following pesticides are exempt from registration under this chapter:(1) a pesticide shipped intrastate from o…

(a) A product registration issued under 18 AAC 90.200 - 18 AAC 90.235 is valid for the calendar year for which the registration is issued, and is subject to the renewal requirements of (c) of this section. (b) A producer seeking to register a pesticide for the first time under 18…

A producer who has registered a pesticide under 18 AAC 90.215 shall notify the department if there is a change to the labeling of that pesticide and provide a copy of the items described in 18 AAC 90.205(b)(4) and (5) not later than 30 days after the change occurs. Notes 18 AAC 9…

(a) Within 60 days after an application for pesticide registration is submitted, the department will, in its discretion,(1) register the pesticide, using the pesticide's EPA registration number; (2) refuse to register the pesticide; or (3) notify the producer regarding restrictio…

A pesticide that is distributed or sold but not registered in the state is subject to a stop sale, use, or removal order under 18 AAC 90.705. Notes 18 AAC 90.220 Eff. 2/15/98, Register 145 Authority:AS 46.03.010 AS 46.03.020 AS 46.03.320 AS 46.03.330 AS 46.03.730

(a) If the department finds that a pesticide or its labeling does not comply with FIFRA, or when necessary to prevent a pesticide from having an unreasonable adverse effect on human health, safety, or welfare, animals, or the environment, the department will, in its discretion, m…

(a) In addition to registration of a pesticide under 18 AAC 90.215, a person seeking to register a pesticide for sale, distribution, or use for a special local need shall submit to the department(1) a completed and signed EPA "Application for/Notification of State Registration of…

(a) When the department receives an application under 18 AAC 90.230, the department will, in its discretion, register a pesticide for a special local need and approve supplemental labeling if(1) the pesticide is registered with EPA under FIFRA; (2) the pesticide is registered und…

(a) Certification under 18 AAC 90.300 - 18 AAC 90.315 for the applicable category of use described in (c) of this section is required before an individual may (1) use a restricted-use pesticide; (2) supervise the use of a restricted-use pesticide; (3) purchase a restricted-use pe…

(a) An individual who seeks certification under 18 AAC 90.300 shall submit an application on a form supplied by the department and the fee required by 18 AAC 90.860. (b) Subject to (f) of this section, the department will certify an applicant who (1) is at least 18 years of age; …

(a) To renew a certification issued under 18 AAC 90.300, before expiration of the certification an individual must (1) submit a certification renewal application on a form supplied by the department; and (2) obtain a minimum of 12 continuing education hours approved by the depart…

(a) The department will, in its discretion, modify, suspend, or revoke a certification (1) for violation of (A) an applicable statute or regulation; or (B) a specific condition that was imposed on a new or renewed certification under 18 AAC 90.305(d) or that was imposed on a perm…

A dealer who purchases or sells restricted-use pesticides shall, for at least two years after each purchase and sale, keep accurate written records. The records must be available to the department upon request and must contain the (1) product or brand name, EPA registration numbe…

A private applicator shall keep accurate records of all uses of restricted-use pesticides for at least two years after each use. The records must be available to the department upon request and must contain the (1) product or brand name and the EPA registration number of each pes…

An applicator of restricted-use pesticides who is not subject to 18 AAC 90,400 or 18 AAC 90.410 shall keep accurate written records of all purchases and uses of restricted-use pesticides for at least two years after each purchase or use. The records must be available to the depar…

In addition to meeting the requirements of 18 AAC 90.415, a custom, commercial, or contract applicator of pesticides shall keep accurate written records of all uses of general use pesticides for at least two years after each use. The records must be available to the department up…

Except as provided in 18 AAC 90.510, the state or a borough or city of any class may not, without first obtaining a permit issued by the department, initiate a public pesticide program or project that affects property owned separately by two or more persons. Notes 18 AAC 90.500 E…

A person or government entity may not, without first obtaining a permit issued by the department, direct, conduct, participate in, or allow the use of a pesticide (1) to waters of the state; or (2) by aircraft or helicopter. Notes 18 AAC 90.505 Eff. 2/15/98, Register 145 Authorit…

(a) Antimicrobial pesticides are exempt from the permit requirements of this chapter if the antimicrobial pesticides are applied only for oilfield operations or the treatment of drinking water. (b) The commissioner may, upon written request, exempt the application of a pesticide …

A person required to have a permit under 18 AAC 90.500 or 18 AAC 90.505 shall submit a completed application to the department as required by 18 AAC 15.020, using a form supplied by the department. The application must identify (1) the common or brand name of each pesticide to be…

(a) A person required to have a permit under this chapter must publish a public notice in accordance with the requirements of 18 AAC 15.050. (b) If a public hearing is required under 18 AAC 15.060, (1) the applicant must publish the notice of public hearing in accordance with 18 …

(a) The department will issue or deny a permit after reviewing the information contained in an application, the public record that results from public notice and any public hearing under 18 AAC 90.520, and comments received from local, state, or federal agencies. The department's…

(a) The department will send a copy of the department's decision to issue or deny a permit to the applicant and to each person who commented on the application as provided in 18 AAC 15.080. (b) A permit takes effect no sooner than 40 days after the department issues a permit. (c)…

(a) Within 90 days after a permit issued under 18 AAC 90.500 - 18 AAC 90.540 expires, the permittee shall submit to the department a summary of the treatment results, including (1) the dates of the treatment; (2) the total amount of each pesticide used; (3) an assessment of the s…

(a) The department will, in its discretion, modify, suspend, or revoke a permit if (1) the department finds that a violation of this chapter or of the permit has occurred; or (2) an activity that occurs under the permit has an unanticipated effect on human health, safety, or welf…

When using pesticides, an applicator shall (1) adhere to requirements specified by the labeling; (2) when measuring concentrated materials, use only apparatus accurately calibrated to the smallest unit in which the material is being weighed or measured; (3) when the active ingred…

(a) The department will, in its discretion,(1) inspect ground or air apparatus used to apply pesticides; and (2) require repairs of ground or air apparatus or other changes before further use. (b) A person applying pesticides while using an aircraft or helicopter shall ensure tha…