reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 2 - Exceptions to Statewide Standards › 18 AAC 70.236 - Waterbodies subject to site-specific criteria

Current through May 31, 2024
(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 in (b) of this
				section. All other criteria set out in
				18 AAC 70.020(b)
				continue to apply to the waterbodies listed in (b) of this section.
(b) Waterbodies subject to site-specific
				criteria, and the applicable site-specific criteria, are:
CLICK TO VIEW
				  TABLE
* Watershed numbers refer to watersheds established by the
				  United States Department of Interior, Geological Survey, "Hydrologic Unit Map -
				  1987 State of Alaska," adopted by reference in
				  18 AAC 70.230; information about
				  how to obtain this document is set out in the footnote to the table in
				  18 AAC 70.230(e)
** River latitudes and longitudes are set at the downstream
				  end of the affected river reach.
*** Upper Cook Inlet in the vicinity of Point Woronzof, an
				  area bounded by the constriction of Knik Arm at Cairn Point to the northeast,
				  by the southern shoreline of Cook Inlet southwest to Point Campbell, by a line
				  from Point Campbell to the northeast end of Fire Island, by a line due north
				  from the northeast and of Fire Island to the northern shoreline of Cook Inlet
				  at a point east of the mouth of the Little Susitna River, by the northern
				  shoreline of upper Cook Inlet north and east to a point directly west of Cairn
				  Point; and from that point by a line due east to Cairn Point; a map of the area
				  subject to these site-specific criteria is available at the department's
				  offices in Anchorage, Fairbanks, and Juneau.
**** This metal is a toxic substance as defined in
				  18 AAC 70.990, and falls under the
				  parameter of "Toxics and Other Deleterious Organic and Inorganic Substances" in
				  18 AAC 70.020(b).
Authority:
AS
					 46.03.020
AS 46.03.050
AS 46.03.070
AS
					 46.03.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 2 - Exceptions to Statewide Standards › 18 AAC 70.240 - Mixing zones

Current through May 31, 2024
(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 evidence reasonably
				necessary to demonstrate that a mixing zone will comply with this section. The
				department will approve, approve with conditions, or deny a mixing zone
				application.
(b) In determining
				whether to authorize a mixing zone under this section, the department will
				consider
(1) the characteristics of the
				receiving water, including biological, chemical, and physical characteristics
				such as volume, flow rate, and flushing and mixing characteristics;
(2) the characteristics of the effluent,
				including volume, flow rate, dispersion, and quality after treatment;
(3) the effects, if any, including cumulative
				effects of multiple discharges and diffuse, nonpoint source inputs, that the
				discharge will have on the uses of the receiving water;
(4) any additional measures that would
				mitigate potential adverse effects to the aquatic resources present;
				and
(5) any other factors the
				department finds must be considered to determine whether a mixing zone will
				comply with this section.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 3 - General Provisions › 18 AAC 70.900 - Enforcement discretion

Current through May 31, 2024
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 15;
(2) engineering
				plans approved in accordance with
				AS
				46.03.720; or
(3) best management practices as determined
				by the department.
Authority:
AS
					 46.03.020
AS
					 46.03.050
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 3 - General Provisions › 18 AAC 70.910 - Compliance schedule

Current through May 31, 2024
(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 public health or the environment, the department will include as a
				condition of a permit, certification, or approval issued under this chapter, or
				as a means for complying with water quality standards under this chapter, a
				compliance schedule for a requirement
(1)
				with which a facility is not in compliance when a permit or certification is
				issued; or
(2) that becomes
				effective during the life of a permit or certification and with which a
				facility will not be in compliance.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 70 - Water Quality Standards › Article 3 - General Provisions › 18 AAC 70.990 - Definitions

Current through May 31, 2024
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 short periods of time,
				typically 96 hours or less;
(2)
				"anadromous" with respect to fish, has the meaning given in the definition of
				"anadromous fish" in the definitions section of the
Catalog of Waters
				Important for Spawning, Rearing, or Migration of Anadromous Fishes,
adopted by reference in
				5 AAC 95.011;
(3) "apparent color" means the condition of
				water that results in the visual sensations of hue and intensity, due both to
				substances in solution and to suspended matter;
(4) "aquaculture" means the cultivation of
				aquatic plants or animals for human use or consumption;
(5) "available evidence" means all relevant
				and applicable data and information the applicant has or can obtain, and all
				relevant and applicable data and information available to the department from
				other sources; "available evidence" does not include data and information that
				the collection or preparation of which, in the department's determination, is
				not practicable;
(6)
				"bioaccumulation" means the ability of a substance or chemical to be taken up
				by an organism either directly from exposure to a contaminated medium or by
				consumption of food containing the substance or chemical;
(7) "bioconcentration" means the ability of a
				substance or chemical to be absorbed from water through gills or epithelial
				tissue and concentrate in the body of an organism;
(8) "boundary" means a line or landmark that
				serves to clarify, outline, or mark a limit, border, or interface;
(9) "carcinogenic" means a substance that is
				expected to cause cancer in aquatic life or, for human health purposes, that is
				classified as a Group A or Group B carcinogen according to the United States
				Environmental Protection Agency
Guidelines for Carcinogen Risk
				Assessment,
51 Fed. Reg. 33992, 33999 - 34000(1986); Group A includes
				substances that have been shown to cause cancer in humans; Group B, based on
				epidemiologic and other studies, includes "probable human carcinogens" and is
				divided between
(A) "B1", for which there is
				limited evidence of carcinogenicity in humans; and
(B) "B2", for which there is sufficient
				evidence of carcinogenicity in animals, but inadequate or no evidence of
				carcinogenicity in humans from epidemiologic studies;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 71 - Placer Mining Demonstration Grants › 18 AAC 71.010 - Uniform procedures

Current through May 31, 2024
(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 -
			 AS
			 46.16.100.
(b) For persons who submitted grant
			 applications before November 20, 1984, the following provisions apply:
(1) applicants may review, revise, and update
			 their applications by February 15, 1985;
(2) the committee will review and make
			 recommendations on these applications before acting on any other applications;
			 and
(3) applications submitted
			 before November 20, 1984, that are not selected for grant award in the first
			 review will be reviewed and again considered with those applications submitted
			 between November 20, 1984 and February 15, 1985.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 71 - Placer Mining Demonstration Grants › 18 AAC 71.020 - Eligible projects

Current through May 31, 2024
(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,
			 purchased, or owned by the applicant.
(c) Water use reduction, mineral recovery,
			 waste disposal, or pollution control methods already proved in other types of
			 mining or any other fields may be eligible for funding if proposed for use in
			 an innovative or more effective way.
(d) If equipment or labor is used for
			 operations not directly associated with demonstrating innovate technology,
			 money may be used for only that fraction involving the innovative
			 technology.
Authority:
AS
				  27.05.010
AS
				  46.03.020(10)
AS
				  46.16.060
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 71 - Placer Mining Demonstration Grants › 18 AAC 71.030 - Application for grants

Current through May 31, 2024
(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 applicant's previous placer mining operations in Alaska,
			 listed by year;
(3) a list of
			 equipment used, owned, or leased in the applicant's previous placer mining
			 operations in Alaska;
(4) copies or
			 a list of permits from government agencies, or other information to verify
			 placer mining operations in Alaska;
(5) financial records, balance sheets, credit
			 references, profit-and-loss statements, loans received or paid off, or tax
			 information that the applicant may wish to volunteer to demonstrate success in
			 placer mining; and
(6) any other
			 information that shows evidence of experience in Alaska placer
			 mining.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 71 - Placer Mining Demonstration Grants › 18 AAC 71.040 - Review of applications

Current through May 31, 2024
(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
			 inspection. Factors in rating applications, shown in order of decreasing
			 priority, include
(1) technical merit of
			 proposed concepts; this includes the project's potential to clean up Alaskan
			 waters, the potential for economic benefits of the proposed methods, and the
			 potential for other environmental benefits;
(2) practicality of proposed methods,
			 including their cost-effectiveness and adaptability to other locations or
			 operations;
(3) ability to carry
			 out the project; this evaluates cost estimates, time schedule, work force, and
			 organization of proposal and project, and whether the applicant shows good
			 understanding of the problem;
(4)
			 proposed sampling plans, measurement methods and equipment, or study and
			 testing plan;
(5) the degree to
			 which results and information can be produced in writing at the end of the
			 project;
(6) education, other
			 formal training, or experience related to placer mining or to pollution
			 control; the credentials of consultants proposed to be involved in the project
			 will also be evaluated; and
(7)
			 other factors deemed relevant by the committee or the commissioner.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 71 - Placer Mining Demonstration Grants › 18 AAC 71.050 - Processing of applications

Current through May 31, 2024
(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 notice of grant availability.
(b) A person applying for a grant, or a
			 previous applicant who wishes to update or revise an application already on
			 file, shall submit the information required under
			 18 AAC 71.030 and
			 18 AAC 71.070 by February 15, 1985
			 to the water quality management section, Alaska Department of Environmental
			 Conservation, 3220 Hospital Drive, P.O. Box O, Juneau, Alaska 99811, Attn:
			 Mining Grants Program.
(c) Within
			 seven working days after receipt of an application, the department will review
			 it for completeness and will mail the applicant a certified letter stating that
			 the application is sufficient for review or that more information is
			 needed.
(d) Upon finding that an
			 application is sufficient for review, the department will send copies of it to
			 the committee for its review and recommendations.
(e) Within 30 days after closure of the
			 application period, the committee will evaluate all applications that it finds
			 complete and make a recommendation to the commissioner.
(f) If, upon its initial review of an
			 application, the committee finds it incomplete, the committee may request more
			 information from the applicant. Within 20 days after timely receipt of all
			 requested additional information, and no later than 60 days after the
			 application period ends, the committee will evaluate those applications for
			 which more information was requested and received.
(g) Within seven working days after receipt
			 and review of the committee's recommendation, the commissioner will approve or
			 deny the application. If the application is approved, the commissioner will
			 notify the applicant of the terms and conditions, including a schedule for
			 payment, and will make an offer of the grant. If the application is denied, the
			 commissioner will notify the applicant, stating reasons for denial.
(h) In his or her discretion, the
			 commissioner will withdraw any grant offer that is not accepted by the
			 applicant within 30 days.
(i) If a
			 grantee fails to accept a grant offer, the commissioner will, in his or her
			 discretion, award grant money to another eligible applicant after considering
			 the ratings applied by the committee.
Authority:
AS
				  27.05.010
AS
				  46.03.020(10)
AS
				  46.16.060
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 71 - Placer Mining Demonstration Grants › 18 AAC 71.060 - Terms and conditions

Current through May 31, 2024
(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
			 original grant award will also result in a reduction in grant money paid to the
			 grantee.
(b) In its discretion, the
			 department will withdraw an accepted grant if construction and testing have not
			 advanced according to the schedule and conditions in the grant offer.
(c) Grantees shall maintain, and make
			 available at the department's request, records of costs and time spent on
			 construction and operation of approved projects. Upon project completion, and
			 before final payment of grant funds, these records must be submitted to the
			 department for audit.
(d) In its
			 discretion, the department will require that photographs or as-built
			 engineering drawings be prepared and submitted with requests for payment. Costs
			 of photographs or drawings are grant eligible.
(e) In their discretion, department staff and
			 committee members will visit project sites. Visits will be scheduled for
			 reasonable times and, if possible, advance notice will be given to the
			 grantee.
Authority:
AS
				  27.05.010
AS
				  46.03.020(10)
AS
				  46.16.060
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 71 - Placer Mining Demonstration Grants › 18 AAC 71.070 - Proprietary information

Current through May 31, 2024
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 written
				reports and information required to be made public.
Authority:
AS
				  27.05.010
AS
				  46.03.020(10)
AS
				  46.16.060
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 71 - Placer Mining Demonstration Grants › 18 AAC 71.080 - Grant payments

Current through May 31, 2024
(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 defined in the grant terms and
			 conditions, up to another 35 percent of the total grant award will be paid
			 out.
(c) Upon department
			 certification that the grantee has completed the project and filed all required
			 reports and records, the department will pay out up to an additional 15 percent
			 of the total grant amount.
(d) Upon
			 review and acceptance of the audit report, the department will pay out any
			 remaining grant money due the grantee.
(e) Under no circumstances will the final
			 grant total exceed the initial grant award or the final audited project
			 cost.
Authority:
AS
				  27.05.010
AS
				  46.03.020(10)
AS
				  46.16.060
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 71 - Placer Mining Demonstration Grants › 18 AAC 71.090 - Remedies

Current through May 31, 2024
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 gold recovery, water pollution control,
				water use reduction, or waste disposal is not a factor in grant payment if the
				grantee has shown good faith in carrying out the project.
Authority:
AS
				  27.05.010
AS
				  46.03.020(10)
AS
				  46.16.060
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 71 - Placer Mining Demonstration Grants › 18 AAC 71.900 - Definitions

Current through May 31, 2024
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;
(2) "committee" means the mining water use
			 review committee created by
			 AS
			 46.16.010;
(3) "department" means the Department of
			 Environmental Conservation for grants related to innovative pollution control
			 and waste disposal methods, and the Department of Natural Resources for grants
			 related to methods of gold recovery and water use reduction;
(4) "pollution control" means treatment
			 methods or changes in mining processes used to eliminate or reduce turbidity,
			 settleable or suspended solids, arsenic, heavy metals, pH problems, or any
			 other potentially adverse physical or chemical entities in water; and
(5) "waste disposal" means disposal of solid
			 wastes or associated materials resulting from placer mining activities,
			 including overburden, tailings, and solid residues remaining in settling or
			 flocculation ponds.
Authority:
AS
				  27.05.010
AS
				  46.03.020(10)
AS
				  46.16.060
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.005 - Purpose and applicability

Current through May 31, 2024
(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 separation distance requirements
				and construction standards for private water systems.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.007 - Technical review committee

Current through May 31, 2024
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 innovative application
				  of wastewater treatment technology. The purpose of the technical review
				  committee is to obtain recommendations and expertise on the installation, use,
				  and management of wastewater systems.
Authority:
AS
					 44.46.020
AS 46.03.020
AS 46.03.100
AS
					 46.03.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.010 - Permit and plan approval required

Current through May 31, 2024
(a) Except for
				systems exempted i from plan review under
				18 AAC 72.511 or
				18 AAC 72.611, a person who
				disposes of wastewater in this state must have a plan approved by the
				department and a permit issued by the department if the department requires a
				permit under 18 AAC 83 for the disposal.
(b) The department may issue a plan approval
				in lieu of a permit under this chapter if the department determines that
(1) the system meets the requirements of AS
				46.03 and this chapter; and
(2) the
				system is protective of public health, public and private water systems, and
				the environment.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.015 - Restrictions on use and modification

Current through May 31, 2024
(a) A person may
				not install, modify, or use a cesspool for wastewater treatment or
				disposal.
(b) A person may not
				install, modify, or repair a wastewater collection or disposal system utilizing
				wood components in contact with wastewater.
(c) A modified existing system must meet the
				requirements of this chapter.
Authority:
AS
					 44.46.020
AS 46.03.020
AS 46.03.050
AS 46.03.100
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.020

Current through May 31, 2024
Separation distance requirements have been relocated to
					 sections associated with each respective system type under
					 18 AAC 72.030.
					 18 AAC 72.100.
					 18 AAC 72.245.
					 18 AAC 72.270,
					 18 AAC 72.520, and
					 18 AAC 72.620. The history notes
					 of the new sections do not reflect the history of
					 18 AAC 72.020.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.025

Current through May 31, 2024
Holding tanks are addressed under
					 18 AAC 72.601 -
					 18 AAC 72.660 as part of
					 alternative wastewater systems. The history notes of the new sections do not
					 reflect the history of
					 18 AAC 72.025.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.030 - Pit privies

Current through May 31, 2024
(a) A person may
				install and use a pit privy without the approval of the department if the pit
				privy
(1) is at least 100 feet, measured
				horizontally nearest edge to nearest edge, from
(A) the mean annual high water level of a
				lake, river, stream, spring, or slough; or
(B) the mean higher high water level of
				tidally influenced coastal waters;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.035

Current through May 31, 2024
Conventional onsite systems are addressed under
					 18 AAC 72.501 -
					 18 AAC 72.560. The history notes
					 of the new sections do not reflect the history of
					 18 AAC 72.035.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.040

Current through May 31, 2024
The subject matter of
					 18 AAC 72.040 is addressed under
					 18 AAC 72.200 -
					 18 AAC 72.290. The history notes
					 of the new sections do not reflect the history of
					 18 AAC 72.040.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.050 - Minimum treatment

Current through May 31, 2024
(a) The department
				may authorize a person to discharge domestic wastewater into or onto water or
				land, if the discharge
(1) to surface land
				has received secondary treatment and, if the discharge is a potential health
				hazard, has been disinfected;
(2)
				to subsurface land has received primary treatment and is discharged to a soil
				absorption system; the department will require additional treatment if the
				discharge is a potential health hazard;
(3) to surface waters has received secondary
				treatment and has been disinfected.,
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.055 - Septage, sewage, and sludge disposal

Current through May 31, 2024
A person may dispose of septage, sewage, or sludge from a
				  collection system, septic tank, holding tank, pit privy, vault privy, honey
				  bucket, or wastewater treatment works only at a site or facility holding an
				  applicable department permit or approval for disposal of that material. The
				  department will require the septage, sewage, or sludge be treated before
				  disposal if necessary to protect public health or the
				  environment.
Authority:
AS
					 44.46.020
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.710
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.060 - Waiver

Current through May 31, 2024
(a) If the
				department agrees that a waiver of a provision of
				18 AAC 72.010 -
				18 AAC 72.660 will not violate a
				requirement of 18 AAC 83 and will be protective of public health, public and
				private water systems, and the environment, the department may waive or modify
				that provision.
(b) A request for a
				waiver must include the fee required under
				18 AAC 72.955 or
				18 AAC 72.959 and a report
				specifying each waiver that is sought. Except as otherwise provided in
				18 AAC 72.540, the report required
				under this subsection must
(1) be sealed by a
				registered engineer;
(2) justify
				and explain how the waiver does not threaten public health, public and private
				water systems, and the environment;
(3) describe soil classifications,
				groundwater conditions, surface topography, geology, and other environmental
				conditions that would assist the department in reviewing the waiver;
(4) describe the construction methods and
				materials that will mitigate adverse impacts on public and private water
				systems, surface waters, and the environment; and
(5) for waivers of minimum treatment
				requirements, describe
(A) the wastewater
				volume, characteristics, frequency, and duration of the discharge;
				and
(B) existing and potential uses
				of the land or water where the discharge occurs.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.065 - Certified operator requirement

Current through May 31, 2024
The owner or operator of a wastewater system that has 100 or
				  more service connections or that is used, or intended for use, by 500 or more
				  people a day shall ensure that the system is operated by a person certified as
				  required under 18 AAC 74.
Authority:
AS
					 44.46.020
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.710
AS
					 46.30.040
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.070 - Reference materials

Current through May 31, 2024
(a) The department
				will use the requirements and adopted references of the state plumbing code, as
				developed under
				AS
				18.60.705, in evaluating wastewater systems
				and associated components not otherwise addressed in this chapter.
(b) The department will use design manuals
				and technical publications issued by the United States Environmental Protection
				Agency and other states to review and evaluate plans submitted for approval as
				protective of public health, public and private water systems, and the
				environment.
(c) The department
				will use standard sanitary engineering principles, industry-accepted
				construction standards, and a technical review committee under
				18 AAC 72.007 to develop
				department guidance manuals for the construction, operation, maintenance, and
				inspection of private water systems and wastewater collection, storage,
				treatment, and disposal systems. The department will publicly identify
				technical guidance manuals as approved best management practices that an
				applicant may consider as guidance in lieu of engineered plans submitted for
				prior department approval. However, nothing in this subsection ensures that the
				department will grant a permit, authorization, or plan approval under
				AS
				46.03.100 for use of an approved best
				management practice or for use of a best management practice that is superseded
				by a new or updated practice.
The documents listed in
					 18 AAC 72.070 are available for
					 viewing at the department's Anchorage, Fairbanks, Juneau, Soldotna, and Wasilla
					 offices.
Authority:
AS
					 44.46.020
AS 46.03.020
AS 46.03.050
AS 46.03.100
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.080 - Validity of approvals

Current through May 31, 2024
(a) A final
				approval to operate issued under this chapter is valid indefinitely unless
				otherwise stated in the approval letter or as provided in (b) or (c) of this
				section.
(b) A plan approval is
				invalidated if the wastewater system is
(1)
				modified without prior approval of the department or authorization with a
				permit modification; or
(2)
				operated in a manner inconsistent with the approval conditions, design, or
				record documents.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.090 - System failures and spills

Current through May 31, 2024
(a) A wastewater
				system is considered to be in failure if it
(1) ceases to function as originally
				designed;
(2) ceases to function as
				approved by the department; or
(3)
				results in a discharge that does not meet the requirements of
				18 AAC 72.050.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.100 - Private water systems

Current through May 31, 2024
(a) Unless the
				department has approved a lesser minimum separation distance, a person who
				installs, modifies, or operates a source of drinking water associated with a
				private water system must meet the following minimum separation distances to a
				potential source of contamination:
(1) at
				least 100 horizontal feet, measured nearest edge to nearest edge, to a
				wastewater treatment works, sewer line, sewer line cleanout, manhole, lift
				station, septic tank, wastewater holding tank, soil absorption system, disposal
				system, disposal sewer, pit privy, sanitary landfill, or other potential source
				of contamination such as animal byproducts, manure or waste, agricultural
				waste, sewage solids disposal sites, or biosolids storage areas;
(2) at least 25 horizontal feet, measured
				nearest edge to nearest edge, to a private sewer line, sewer service line, or
				sump contained within a building;
(3) at least 25 horizontal feet, measured
				nearest edge to nearest edge, to a land surface discharge or subsurface
				disposal area associated with drinking water treatment waste; in this
				paragraph, "drinking water treatment waste" includes reject water from reverse
				osmosis units and backwash water from filters and water softeners;
				and
(4) at least 25 horizontal
				feet, measured nearest edge to nearest edge, to a fuel storage tank or line;
				the minimum separation distance to a fuel storage tank or line does not apply
				to
(A) a tank or line that contains propane
				or natural gas; or
(B) an
				above-ground storage tank or drum that, in the aggregate, has a storage
				capacity equal to or less than 500 gallons of petroleum
				products.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 72.110 - Delegation of authority

Current through May 31, 2024
(a) Except as
				provided in (i) of this section, the department may delegate all or partial
				authority to implement
				18 AAC 72.005-18 AAC 72.660 to a municipality, city, borough, or other
				local government organization, upon approval of an i application for
				delegation.
(b) An entity described
				in (a) of this section must submit an application for delegation to the
				director. The application must include the following information:
(1) a copy of the entity's ordinances
				governing the subject matter of the proposed delegation;
(2) a description of pertinent enforcement
				processes available to the entity, administratively and through initiation of
				court action, to ensure compliance with AS 46.03, this chapter, and the
				entity's ordinances;
(3) a
				description of the entity's administrative organization, staff, funding levels,
				and other resources that are available to administer and enforce the entity's
				requirements; and
(4) other
				information that the director considers necessary to the department's decision
				whether to delegate the department's authority.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 2 - Domestic Wastewater System Plan Review › 18 AAC 72.200 - Application for department approval

Current through May 31, 2024
(a) Except as
				otherwise provided in
				18 AAC 72.010(c),
				18 AAC 72.201,
				18 AAC 72.511, or
				18 AAC 72.611, in order to
				construct, install, modify, or operate a wastewater collection, treatment,
				storage, or disposal system, a person must obtain prior written approval. A
				person seeking approval shall provide to the department a complete application
				that contains the information required in this chapter.
(b) The department will base its approval of
				wastewater system plans on the provisions of AS 46.03 and this
				chapter.
(c) For applications
				seeking wastewater plan approval for a method of wastewater treatment or
				disposal that is not addressed in this chapter, the department will evaluate
				the applications on a case-by-case basis. In its evaluation, the department
				will consider the plan review provisions, conditions, recommendations from a
				technical review committee assembled under
				18 AAC 72.007, and other
				applicable criteria set out in AS 46.03 and this chapter.
Non-domestic wastewater systems, now addressed in
					 18 AAC 72.200 with domestic
					 wastewater systems, were previously addressed in
					 18 AAC 72.600. The history of
					 18 AAC 72.200 does not include the
					 history of
					 18 AAC 72.600.
Authority:
AS
					 44.46.020
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 2 - Domestic Wastewater System Plan Review › 18 AAC 72.201 - Exceptions to prior written approval of engineering plans

Current through May 31, 2024
(a) Prior written
				approval of plans is not required for routine maintenance.
(b) Prior written approval of plans is not
				required for repairs to address an emergency. The owner or operator shall
				notify the department as required under
				18 AAC 72.940.
(c) The department may evaluate a request to
				replace a component of a wastewater collection, storage, treatment, or disposal
				system with an equivalent component on a case-by-case basis.
(d) Prior written approval of plans is not
				required for a sewer service line installation or modification that does not
				affect the design capacity or result in the overloading of the wastewater
				collection, treatment, or disposal system. The service line connection may not
				result in the discharge of wastewater to a system that was not designed to
				accept the volume or type of waste as approved or permitted by the department.
				To qualify for this exception, the collection, treatment, and disposal system
				to which the service line is connected must be owned by a local government
				organization, or a private or public utility. If the service line is integral
				to the design and operation of a collection system, this exception does not
				apply.
(e) Prior written approval
				of plans for installation or modification of a sewer main is not required for
				an existing wastewater utility with a certified operator if the utility has
				been issued an exception under this subsection as follows:
(1) to request an exception to prior written
				plan approval to construct, install, renovate, or improve a collection system,
				a wastewater utility must
(A) submit a written
				application for the exception to the department;
(B) maintain current standards of
				construction on file with and approved by the department;
(C) certify that the design and construction
				of any sewer main installed under the exception will be completed in
				conformance with the standards of construction described in (B) of this
				paragraph;
(D) certify that the
				utility will employ and maintain staff qualified to plan, design, construct,
				operate, and inspect the sewer mains installed under the exception;
				and
(E) maintain an updated list
				with the names and professional qualifications of the staff proposed to design
				and oversee installation of the sewer mains installed under this exception; the
				department will make the final determination on whether the staff are
				sufficiently qualified;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 2 - Domestic Wastewater System Plan Review › 18 AAC 72.210 - Domestic wastewater fees (Repealed)

Current through May 31, 2024
The fees that were located in
					 18 AAC 72.210 are now located in
					 18 AAC 72.955,
					 18 AAC 72.956,
					 18 AAC 72.957, and
					 18 AAC 72.959.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 2 - Domestic Wastewater System Plan Review › 18 AAC 72.215

Current through May 31, 2024
The subject matter of this section is addressed in
					 18 AAC 72.010. The history note
					 for 18 AAC 72.010 does not reflect the
					 history of former
					 18 AAC 72.215.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 2 - Domestic Wastewater System Plan Review › 18 AAC 72.220 - Plan review

Current through May 31, 2024
(a) In reviewing an
				application to construct, modify, or operate a wastewater system, the
				department will determine whether the system design
(1) meets the applicable approval criteria in
				this chapter; and
(2) conforms to
				standard sanitary engineering principles and practices or state-of- the-art
				technology, and whether the design adequately protects public health, public
				and private water systems, and the environment.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 2 - Domestic Wastewater System Plan Review › 18 AAC 72.225 - Approval to construct

Current through May 31, 2024
(a) The department
				will issue its approval or denial to construct a wastewater system not later
				than 30 days after the department receives all plans and information required
				by this chapter, including any additional information requested by the
				department. Failure of the department to issue an approval or denial during the
				30-day period does not constitute automatic approval of the plans.
(b) As necessary to protect public health,
				public and private water systems, and the environment, the department will
				include terms and conditions for construction in its approval.
(c) If the applicant fails to complete
				construction, installation, or modification of the wastewater system within two
				years after the date that the department issues an approval to construct under
				this chapter, the approval is void and the applicant must resubmit plans for
				department review and approval.
(d)
				The department may grant an extension of the two-year construction period in
				(c) of this section upon the request of the applicant and the receipt of
				information that verifies the
(1) system
				design has not changed and conforms to regulations currently in
				effect;
(2) system design conforms
				to current standard sanitary engineering principles and practices;
(3) relevant site conditions have not
				changed; and
(4) proposed timeline
				for completion of the project.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 2 - Domestic Wastewater System Plan Review › 18 AAC 72.230 - Revisions to approved plans

Current through May 31, 2024
(a) After plans for
				a system design are approved under
				18 AAC 72.225, the system owner,
				system operator, or design engineer must obtain written department approval
				before making any revision to that design that modifies or affects
(1) capacity, flow, or operation;
(2) the type or characteristics of the
				wastewater treated;
(3) the design
				of major system components, such as treatment systems;
(4) the point of discharge;
(5) materials of major system components,
				including pipe and stabilization pond liners; or
(6) applicable separation distance
				requirements in this chapter.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 2 - Domestic Wastewater System Plan Review › 18 AAC 72.240 - Construction certification and approval to operate

Current through May 31, 2024
(a) The owner and
				engineer responsible for observing construction shall ensure that the system is
				constructed according to design plans approved by the department, or according
				to record drawings showing that the system was constructed as required by AS
				46.03 and this chapter.
(b) For a
				wastewater collection, treatment, storage, or disposal system, and the
				designated phases of the system, that received approval to construct under
				18 AAC 72.225 and, if applicable,
				approval for revisions to approved plans under
				18 AAC 72.230,
(1) an approval to operate the system for a
				90-day interim period will accompany the approval to construct the system; the
				90-day interim period starts when the project or designated phase of the system
				is considered complete or is first put into service, whichever comes
				first;
(2) operation of the system,
				completed portions of the system, or a designated phase of the system, beyond
				the 90-day interim period is prohibited unless
(A) the department grants an extension of the
				90-day interim period; or
(B) the
				system, portion of the system, or a designated phase of that system has
				received final approval to operate from the department under this section;
				and
(3) the department
				will issue final approval to operate after receipt and review of the
				information required under (c) of this section if the information confirms that
(A) the system was constructed as originally
				approved; or
(B) the system, or a
				designated phase of that system, otherwise meets the requirements of AS 46.03
				and this chapter.