reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 7 - General Provisions › 18 AAC 72.960 - Appeals

Current through May 31, 2024
(a) After receiving the department's decision
				concerning plans submitted for approval under this chapter, the applicant or
				other person adversely affected by the plan review decision may request an
				informal review of the decision under
				18 AAC 15.185 and may request an
				adjudicatory hearing under
				18 AAC 15.195 -
				18 AAC 15.340.
(b) Repealed 7/11/2002.
(c) Repealed 7/11/2002.
Authority:
AS
					 44.46.020
AS 46.03.020
AS 46.03.050
AS
					 46.03.090
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 7 - General Provisions › 18 AAC 72.961 - Fee determination or computation appeals

Current through May 31, 2024
A person subject to a fee under this chapter who disputes a
				  fee determination or computation of fees may request a fee review under
				  18 AAC 15.190.
Authority:
AS
					 44.46.020
AS 44.46.025
AS 46.03.020
AS 46.03.050
AS 46.03.090
AS 46.03.710
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 72 - Wastewater Treatment and Disposal › Article 7 - General Provisions › 18 AAC 72.990 - Definitions and abbreviations

Current through May 31, 2024
In this chapter,
(1)
				"5-wide" means a conventional soil absorption system that is five feet wide,
				contains one line of distribution piping, and has at least 18 inches but not
				more than four feet of distribution medium measured from the springline of the
				distribution pipe to the bottom of the distribution media; the absorption area
				is calculated using the bottom area and sidewalls;
(2) "above-ground storage tank" means a tank
				system with 100 percent of its volume above ground;
(3) "absorption field" means the portion of a
				soil absorption system, excluding sand liners, that contains the distribution
				medium;
(4) "alternative onsite
				wastewater system"
(A) means a method of
				wastewater storage, treatment, and disposal that
(i) receives only domestic
				wastewater;
(ii) is located wholly
				on property owned by a single individual or entity who also has ownership of
				the dwellings, buildings, or structures it serves; and
(iii) does not discharge to surface
				water;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 73 - Construction Grants › 18 AAC 73.010 - Construction grant project eligibility

Current through May 31, 2024
(a) An Alaska
			 municipality, or a combination of municipalities, may apply to the department,
			 if money is available, for a grant for a public
(1) water quality enhancement
			 project;
(2) water supply,
			 treatment, or distribution system;
(3) wastewater collection, treatment, or
			 discharge system; or
(4) solid
			 waste processing, disposal, or resource recovery system.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 73 - Construction Grants › 18 AAC 73.030 - Application procedures

Current through May 31, 2024
(a) A grantee shall submit a grant
			 application package that consists of the following:
(1) a completed grant application request on
			 a form provided by the department;
(2) a narrative statement of the general
			 nature of the project that identifies project scope, location, and
			 costs;
(3) a copy of any other
			 state or federal grant application or notice of grant award to be used for
			 financing the project;
(4) a copy
			 of a contract between the grantee and the architectural and engineering
			 consultant who will be performing work on the project if available; this
			 contract may be submitted at a later date and is not required to receive a
			 grant; and
(5) for a water quality
			 enhancement project, a program plan that describes
(A) the project to be funded;
(B) why the project is needed;
(C) how the project will enhance the waters
			 involved;
(D) how the project will
			 be accomplished;
(E) an estimate of
			 project cost, with a projection of future costs caused by or related to the
			 project; and
(F) the specific
			 results expected from the project.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 73 - Construction Grants › 18 AAC 73.040 - State grant share

Current through May 31, 2024
(a) For the purpose of calculating grant
			 share percentages under
			 AS
			 46.03.030(e), the department
			 will use population figures determined by the Department of Commerce,
			 Community, and Economic Development, based on the most recent figures available
			 from the United States Bureau of the Census or other reliable population data.
			 If a grant application is made by a borough or unified municipality on behalf
			 of a city, service district, or other entity within the borough or unified in
			 municipality, the grant percentages will be based on the population of the
			 borough or unified municipality.
(b) If the award of a grant under
			 AS
			 46.03.030(e) would result in
			 a grantee obtaining financing in excess of 100 percent of eligible costs, the
			 state grant will be limited to the amount required to complete 100 percent
			 financing of eligible project costs.
(c) A grantee may match the state grant share
			 with any combination of
(1) local
			 money;
(2) federal money;
			 and
(3) state money other than
			 money received under this chapter or AS 37.06.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 73 - Construction Grants › 18 AAC 73.050 - Grant payment procedures

Current through May 31, 2024
(a) The department
			 will make progress payments in conformity with the procedures established in
			 this section. The grantee shall request payments on forms provided by the
			 department and shall include supporting documentation as part of each payment
			 request.
(b) A request for final
			 payment of the grant must be accompanied by a final cost statement and
			 certification by the grantee that the system is complete and operable or that
			 the project is complete. Expenses incurred or reported after this certification
			 will not be eligible for reimbursement under the grant. After reviewing a
			 request for final payment, the department will process a payment equal to 90
			 percent of total eligible reported costs, less any progress payments made under
			 (a) of this section. The department will withhold 10 percent of the grant
			 payment pending an audit under (c) of this section. For good cause shown, the
			 department will, in its discretion, waive the requirement to withhold the final
			 10 percent of a grant.
(c) Final
			 payment of the grant will be based upon actual eligible project costs, as
			 determined by audit and will be limited to those costs reported on the final
			 payment request. The department will, in its discretion, waive the requirement
			 for an audit under this subsection.
(d) Before final payment is made,
(1) the grantee shall submit to the
			 department a copy of the as-built drawings of the completed project prepared by
			 the grantee under 18 AAC 60, 18 AAC 72, or 18 AAC 80; and
(2) the department will, it its discretion,
			 conduct a final project inspection to determine construction compliance with
			 the as-built drawings submitted under (a) of this section.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 73 - Construction Grants › 18 AAC 73.060 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in this chapter
(1) "as-built drawings" means the original
			 plans and specifications prepared for construction or installation and approved
			 by the department, corrected to reflect how a facility was actually constructed
			 or installed;
(2) "change order"
			 means a written order to the contractor authorizing
(A) an addition, deletion, or revision in the
			 work within the scope of the contract documents; or
(B) an adjustment in contract price or
			 time;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.006 - Applicability

Current through May 31, 2024
The requirements of
				  18 AAC 74.006 -
				  18 AAC 74.125 apply to a
(1) public or private wastewater system that
(A) has 100 or more service connections;
				or
(B) is used or intended for use
				by 500 or more individuals per day;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.010 - Certified Operator Requirements

Current through May 31, 2024
(a) At all times, a
				public water system, public wastewater system, and a private wastewater system
				must have an operator, certified a level equal to or greater than the
				classification of the system, and
(1) on-site
				at the system; or
(2) able to be
				on-site at the system within one hour; if off-site under this paragraph, the
				operator shall be available by radio or telephone.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.020 - Certification requirements

Current through May 31, 2024
(a) An applicant
				seeking certification under 18 AAC 74.005 - 18 AAC 74.120 must submit a
				completed application to the department, for the level of certification sought
(1) on a form provided by the department; and
(2) accompanied by the fee required
				by 18 AAC 74.870.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.030 - Certification without examination (Deleted)

Current through May 31, 2024
Deleted 8/24/85.
Under
					 AS
					 44.62.060(b) and
					 44.62.125(b),
					 18 AAC 74.030 was deleted by the
					 regulations attorney 8/24/85 because it lacked statutory
					 authority.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.040 - Examination requirements

Current through May 31, 2024
(a) To be certified
				to operate a water or wastewater system classified as class 1 - class 4 under
				18 AAC 74.120, or a wastewater treatment system classified as a wastewater
				stabilization pond system under 18 AAC 74.120(b) (1), an applicant must pass an
				approved and validated written examination that demonstrates the applicant's
				skills, knowledge, ability, and judgment to operate a system of that
				classification.
(b) To be eligible
				to take a level 2 - level 4 examination, the examinee must hold a valid passing
				score in the same system type at one level lower. A passing examination score
				is valid for three years from January 1 of the year the examination was taken,
				or for as long as the examinee holds active certification in the same system
				type. Examinations will be held at least annually, at the time and place
				announced by the department. The examinee shall pay the examination fee
				required by 18 AAC 74.870(b) when submitting a request for
				examination.
(c) Repealed
				12/3/2006.
(d) The department will
				grade each examination administered under this section and notify each examinee
				of the results within 60 days after the examination. The department will not
				provide the completed, graded examination to the examinee. The examinee may
				review the examinee's examination results with the department.
(e) Repealed 11/26/2016.
Authority:
AS
					 46.30.050
AS
					 46.30.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.050 - Experience and education requirements

Current through May 31, 2024
(a) The department
				will use the basic criteria
(1) set out in (i)
				- (k) of this section to evaluate an individual's qualifications to operate a
				wastewater treatment system classified as a wastewater stabilization pond
				system under 18 AAC 74.120(b) (1);
(2) set out in Table A of this section,
				except as provided in (g) of this section, to evaluate an individual's
				qualifications to operate a water or wastewater system classified under 18 AAC 74.120, other than a wastewater stabilization pond system.
TABLE A
GENERAL OPERA TOR EDUCATION AND EXPERIENCE
				  REQUIREMENTS
in year
Operator Level
Provisional
1
2
3
4
System Type
Ed. Op.
Exp.
Ed. Op.
Exp.
Ed. Op.
Exp.
Ed. Op. Exp.
Ed. Op.
Exp.
Wastewater Collection
12 **
12 1
12 3
13 4
13 6
Wastewater
Treatment
12 **
12 1
12 3
14 4
16 4
Water Distribution
12 **
12 1
12 3
13 4
13 6
Water Treatment
12 **
12 1
12 3
14 4
16 4
Notes: Required periods of education and experience
								are reflected in years. Twelve years of
education represent a high school diploma or
								general educational development (GED)
diploma. The department will waive the minimum
								education requirement for the provisional
level and level 1 in accordance with (e)(6) of this
								section.
* Additional experience and education criteria and
								substitution requirements are set out in (b)
- (g) of this section.
**Three months of operating experience or the
								completion of a department-approved training
course, as described in (c)(1) of this section is
								required.
Abbreviations:
Prov - Provisional, Ed.- Education, Op. Exp. -
								Operator Experience
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.060 - Display of certificate (Repealed)

Current through May 31, 2024
The subject matter formerly found in
					 18 AAC 74.060 can now be found in
					 18 AAC 74.800.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.070 - Certificate term and renewal (Repealed)

Current through May 31, 2024
The subject matter formerly found in
					 18 AAC 74.070 can now be found in
					 18 AAC 74.810.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.080 - Lapsed certificate (Repealed)

Current through May 31, 2024
The subject matter formerly found in
					 18 AAC 74.080 can now be found in
					 18 AAC 74.820.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.100 - Revocation of certificate (Repealed)

Current through May 31, 2024
The subject matter formerly found in
					 18 AAC 74.100 can now be found in
					 18 AAC 74.830.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.110 - Temporary certification (Repealed)

Current through May 31, 2024
The subject matter formerly found in
					 18 AAC 74.110 can now be found in
					 18 AAC 74.840.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.120 - Classification of water and wastewater systems

Current through May 31, 2024
(a) Water
				distribution and wastewater collection systems designated in 18 AAC 74.006 are
				classified as follows:
(1) except as provided
				in (2) and (3) of this subsection, water distribution and wastewater collection
				systems are classified as follows:
(A)
				systems with 15 to 500 service connections are classified as class 1;
(B) systems with 501 to 5,000 service
				connections are classified as class 2;
(C) systems with 5,001 to 15,000 service
				connections are classified as classified as class 3;
(D) systems with more than 15,000 service
				connections are classified as class 4;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.125 - Transition for systems increasing in classification

Current through May 31, 2024
(a) If as required
				under 18 AAC 74.010(a) a supervising operator of a primary operating shift of a
				water or wastewater system was certified at a level equal to the classification
				on or before November 26, 2016 of the system under that operator's control, and
				that system increased in classification under 18 AAC 74.120 on November 26,
				2016, that supervising operator of the primary shift must be certified on or
				before November 26, 2016 at a level equal to or greater than the higher
				classification.
(b) If as required
				under 18 AAC 74.010(a) a supervising operator of a secondary operating shift of
				a water or wastewater system was certified at no less than one level below the
				level equal to the classification on or before November 26, 2016 of the system
				under that operator's control, and that system increased in classification
				under 18 AAC 74.120 on November 26, 2016, that supervising operator of the
				secondary operating shift must be certified on or before November 26, 2016 at a
				level no less than one level below the higher classification.
(c) Repealed 11/26/2016.
(d) Repealed 11/26/2016.
Authority:
AS
					 46.30.010
AS 46.30.080
AS
					 46.30.090
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.140 - Water and wastewater works advisory board (Repealed)

Current through May 31, 2024
The subject matter formerly found in
					 18 AAC 74.140 can now be found in
					 18 AAC 74.850.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.150 - Composition of the water and wastewater works advisory board (Deleted)

Current through May 31, 2024
Deleted 8/24/85.
Under
					 AS
					 44.62.060(b) and
					 44.62.125(b),
					 18 AAC 74.150 was deleted by the
					 regulations attorney 8/24/85 because it lacked statutory
					 authority.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.160 - Appeals (Repealed)

Current through May 31, 2024
The subject matter formerly found in
					 18 AAC 74.160 can now be found in
					 18 AAC 74.860.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 1 - Requirements for a Class 1 - Class 4 Water System or Wastewater System › 18 AAC 74.170 - Fees (Repealed)

Current through May 31, 2024
The subject matter formerly found in
					 18 AAC 74.170 can now be found in
					 18 AAC 74.870.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 2 - Requirements for an Operator of a Small, Untreated or Small, Treated Water System › 18 AAC 74.400 - Applicability

Current through May 31, 2024
The requirements of 18 AAC 74.410 - 18 AAC 74.440 apply to
				  a
(1) community or non-transient
				non-community water system that
(A) has fewer
				than 100 service connections;
(B)
				is used or intended for use by fewer than 500 individuals per day;
				and
(C) has been classified as a
				small, untreated or small, treated water system under 18 AAC 74.405;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 2 - Requirements for an Operator of a Small, Untreated or Small, Treated Water System › 18 AAC 74.405 - Classification of small, untreated or small, treated water systems

Current through May 31, 2024
(a) Except as
				provided in 18 AAC 74.006, the department will classify a community or
				nontransient non-community water system with fewer than I 00 service
				connections that is used or intended for use by fewer than 500 individuals per
				day, a community or non-transient noncommunity water system with fewer than 15
				service connections that is used or intended for use by more than 500
				individuals per day, and a transient non-community water system that uses a
				surface water source or groundwater under the direct influence of surface water
				source, as follows:
(1) a water system that
				does not add chemicals to the water will be classified as a small, untreated
				water system;
(2) a water system
				that adds a single chemical to the water will be classified as a small, treated
				water system;
(3) for purposes of
				this section, the use of ultraviolet light to meet an inactivation requirement
				will be considered the equivalent of the addition of a single
				chemical.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 2 - Requirements for an Operator of a Small, Untreated or Small, Treated Water System › 18 AAC 74.410 - Certified operator requirements for small, untreated and small, treated water systems

Current through May 31, 2024
At all times, a public water system described in 18 AAC 74.400 must have an operator, certified at a level equal to or greater than the
				  classification of the system, and
(1)
				on-site at the system; or
(2) able
				to be on-site at the system within three hours; if off-site under this
				paragraph, the operator shall be available by radio or telephone.
Authority:
AS 46.30.010
AS 46.30.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 2 - Requirements for an Operator of a Small, Untreated or Small, Treated Water System › 18 AAC 74.415 - Contract operations

Current through May 31, 2024
(a) The department may approve a plan for
				supervision of a water system described in 18 AAC 74.400 by a certified
				operator who supervises more than one water system. The department will include
				in its approval any terms and conditions that the department considers
				necessary to protect human health, safety, and welfare. The system owner must
				submit a request for approval under this subsection on a form provided by the
				department. The department will approve a request under this subsection if
(1) the supervising operator is certified at
				a level equal lo or greater than the classification of the water system;
(2) the department determines that
				the supervising operator will oversee the system in compliance with the
				requirements of this chapter and 18 AAC 80; and
(3) the department determines that human
				health, safety, and welfare will be adequately protected.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 2 - Requirements for an Operator of a Small, Untreated or Small, Treated Water System › 18 AAC 74.420 - Certification requirements for operators of small, untreated or small, treated water systems

Current through May 31, 2024
(a) An individual seeking certification under
				18 AAC 74.400 - 18 AAC 74.440 must submit a completed application to the
				department, for the level of certification sought
(1) on a form provided by the
				department;
(2) accompanied by the
				fee required by 18 AAC 74.870.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 2 - Requirements for an Operator of a Small, Untreated or Small, Treated Water System › 18 AAC 74.430 - Examination requirements for operators of small, untreated or small, treated water systems

Current through May 31, 2024
(a) To be certified to operate a water system
				classified as a small, untreated system or small, treated system under 18 AAC 74.405, an individual must pass an approved and validated written examination
				that demonstrates the individual's skills, knowledge, ability, and judgment to
				operate a system of that classification in compliance with the requirements of
				this chapter and 18 AAC 80.
(b)
				Repealed 11/26/2016.
(c) A written
				validated examination will be held at least annually, at a time and place
				announced by the department. The individual shall pay the examination fee
				required by 18 AAC 74.870(b) when submitting a request for
				examination.
(d) Repealed
				12/3/2006.
(e) Repealed
				12/3/2006.
(f) The department will
				grade each examination administered under this section and notify each examinee
				of the results within 60 days after the examination. The department will not
				provide the completed, graded examination to the examinee. The examinee may
				review the examinee's examination results with the department.
(g) Repealed 11/26/2016.
Authority:
AS
					 46.30.010
AS 46.30.050
AS
					 46.30.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 2 - Requirements for an Operator of a Small, Untreated or Small, Treated Water System › 18 AAC 74.440 - Experience and education requirements for operators of small, untreated or small, treated water systems

Current through May 31, 2024
(a) The department
				will use the minimum education and experience requirements and substitution
				provisions of this section to evaluate an applicant's qualifications to operate
				a water system classified as a small, untreated or small, treated water system
				under 18 AAC 74.405.
(b) To be
				eligible to receive certification, an applicant for certification to operate a
				small, untreated water system must have at least
(1) a high school or general equivalency
				diploma, or have completed at least 12 years of education; and
(2) three months of operating experience at a
				system classified as a small, untreated water system or a greater
				classification.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 2 - Requirements for an Operator of a Small, Untreated or Small, Treated Water System › 18 AAC 74.450

Current through May 31, 2024
The subject matter of 18 AAC 74.450 has been relocated to
					 18 AAC 74.405.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 3 - General Provisions › 18 AAC 74.800 - Display of certificate

Current through May 31, 2024
The valid certificate must be displayed in the operator's
				  plant, utility office, or business office of the public water or wastewater
				  system where the certified operator is employed.
The subject matter of
					 18 AAC 74.800 was previously
					 located at
					 18 AAC 74.060. The history note
					 for 18 AAC 74.800 does not reflect the
					 history of
					 18 AAC 74.060.
Authority:
AS
					 46.30.060
AS
					 46.30.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 3 - General Provisions › 18 AAC 74.810 - Certificate term and renewal

Current through May 31, 2024
(a) A certificate,
				including a renewed certificate, is valid for a three-year period beginning on
				January 1 of the year of issuance.
(b) The department will send each certificate
				holder a renewal notice at least 60 days before the certificate expires. Notice
				will be mailed to the last address of record. The operator shall keep the
				department informed of the operator's current mailing address. Failure to
				receive notice does not relieve the holder of the responsibility to renew the
				certificate.
(c) During the
				three-year period in which the certificate is valid, an operator must complete
				approved continuing education courses as a condition for renewal of the
				certificate, as follows:
(1) for a small,
				untreated water system certification, an operator must complete approved
				courses equal to 0.5 drinking water core continuing education units
				(CEUs);
(2) for a small, treated
				water system certification, an operator must complete approved courses equal to
				one drinking water core CEU;
(3)
				for certification as an operator at the provisional level or level 1 - level 4
				certification, an operator must complete approved courses equal to three CEUs
				of which two CEUs must be core and one CEU may be non-core.
(4) for certification to operate a wastewater
				treatment system classified as a wastewater stabilization pond system under 18 AAC 74.120(b) (1), an operator must complete approved courses equal to 0.5 core
				CEUs.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 3 - General Provisions › 18 AAC 74.820 - Expired certificates

Current through May 31, 2024
(a) An individual who seeks renewal of an
				expired certificate must submit a request for renewal to the department within
				365 days after the certificate expires. The department will renew an expired
				certificate upon receipt of a request for renewal that includes proof of
				compliance with 18 AAC 74.810 and the expired certificate renewal fee required
				by 18 AAC 74.870. An individual with an expired certificate is not
				certified.
(b) The department will
				not renew a certificate that has expired by more than one year. An individual
				with a certificate that has expired by more than one year must seek
				recertification under 18 AAC 74.020 or 18 AAC 74.420.
The subject matter of 18 AAC 74.820 was previously located
					 at 18 AAC 74.080. The history note for 18 AAC 74.820 does not reflect the
					 history of 18 AAC 74.080.
Authority:
AS
					 46.30.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 3 - General Provisions › 18 AAC 74.830 - Disciplinary action

Current through May 31, 2024
(a) The department may revoke a certificate
				upon a determination that one or more of the following acts of misconduct
				occurred:
(1) fraud or deceit in obtaining the
				certificate;
(2) fraud or deceit in
				plant record keeping;
(3) gross
				negligence in the operation of a system;
(4) a substantial violation of the
				requirements of this chapter or 18 AAC 80.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 3 - General Provisions › 18 AAC 74.840 - Temporary certification

Current through May 31, 2024
In compliance with AS 46.30.110, the department will issue a
				  temporary certificate unless the department determines that human health,
				  safety, and welfare would not adequately be protected. The temporary
				  certificate is valid until the earliest date when the operator may be examined
				  and certified under this chapter. A temporary certificate applies only to the
				  system that the aplicant is operating at the time of application, and will not
				  be renewed. The fee required by 18 AAC 74.870(h) must be paid before a
				  temporary certificate will be issued.
The subject matter of
					 18 AAC 74.840 was previously
					 located at
					 18 AAC 74.110. The history note
					 for 18 AAC 74.840 does not reflect the
					 history of
					 18 AAC 74.110.
Authority:
AS
					 46.30.080
AS
					 46.30.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 3 - General Provisions › 18 AAC 74.850 - Water and wastewater works advisory board

Current through May 31, 2024
The board shall
(1)
				advise and assist the department as the department certifies operators and
				classifies water and wastewater systems;
(2) review qualifications of applicants for
				certification in cooperation with the department or at the applicant's
				request;
(3) advise the department
				as the department prepares and gives examinations;
(4) make recommendations to the department as
				the department issues a letter of reprimand to an operator or suspends or
				revokes a certificate;
(5) assist
				the department in determining the number of certified operators needed for
				proper system operation;
(6) make
				recommendations to the legislature and the governor for legislation concerning
				operation and maintenance of public water and wastewater systems;
(7) assist and advise the department as the
				department develops and administers a training program; and
(8) give other assistance as requested by the
				department.
The subject matter of
					 18 AAC 74.850 was previously
					 located at
					 18 AAC 74.140. The history note
					 for 18 AAC 74.850 does not reflect the
					 history of
					 18 AAC 74.140.
Authority:
AS
					 46.30.020
AS 46.30.030
AS
					 46.30.060
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 3 - General Provisions › 18 AAC 74.860 - Requests for review

Current through May 31, 2024
(a) Within 30 days after receiving a
				department decision under this chapter, the applicant, operator, system owner,
				or other person adversely affected by the decision may request a review of the
				decision by the director. The request must be made in writing to the director
				and must include
(1) the name, mailing
				address, and telephone number of the requester;
(2) a description of the matter being
				reviewed, including applicable facts regarding classifications or
				determinations; and
(3) a clear and
				concise statement of the basis for the request, including
(A) a statement of the nature and scope of
				the interests of the requester, and an explanation of how and to what extent
				those interests would be directly and adversely affected by the department's
				decision; and
(B) the contested
				terms or conditions, and proposed alternatives.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 74 - Water and Wastewater Operator Certification and Training › Article 3 - General Provisions › 18 AAC 74.870 - Fees

Current through May 31, 2024
(a) A fee listed in this section is
				nonrefundable except as provided in (c) and (m) of this section.
(b) The fee for each examination to be taken
				is $150.
(c) If the department is
				notified in writing at least two weeks before a written examination date that
				an applicant cannot take a scheduled examination and wishes to be rescheduled,
				the examination fee paid by the applicant will be applied to the next
				examination cycle without a new reregistration.
(d) The fee to apply for certification is
				$100.
(e) The fee to renew an active
				certificate is $100.
(f) The fee to
				renew an expired certificate not later than 90 days after the certificate
				expires is $150.
(g) The fee to
				renew an expired certificate later than 90 days but not later than 365 days
				after the certificate expires is $300.
(h) The fee to apply for a temporary
				certificate is $100.
(i) The fee to
				reinstate a suspended certificate is $300.
(j) The fee to apply for reciprocity, as
				described in AS 46.30.100, is $300.
(k) The fee for a replacement certificate is
				$50.
(l) The fee for a
				department-sponsored operator training classroom course is $150 per day. The
				fee is nonrefundable, except as provided in (m) of this section.
(m) The department will cancel an operator
				training classroom course with fewer than to students registered. If the
				department cancels a course, the fee paid under (l) of th is section will be
				refunded.
(n) The fee for a
				department-sponsored correspondence course providing continuing education unit
				(CEU) credits, is $20 per CEU plus the cost of course
				materials.
The subject matter of
					 18 AAC 74.870 was previously
					 located at
					 18 AAC 74.170. The history note
					 for 18 AAC 74.870 does not reflect the
					 history of
					 18 AAC 74.170.
Authority:
AS
					 44.46.025
AS 46.30.030
AS 46.30.050
AS 46.30.060
AS 46.30.080
AS 46.30.100
AS
					 46.30.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.005 - Responsibility

Current through May 31, 2024
The owner or operator of a tank vessel, oil barge, pipeline,
				  oil terminal, railroad tank car, exploration facility, or production facility
				  subject to the requirements of AS 46.04.030 or AS 46.04.055(j) is responsible
				  for meeting the applicable requirements of this chapter and for preventing the
				  discharge of oil into waters or onto land of the state, except as otherwise
				  provided in (b) of this section.
(b) A
				nonemde oil tank vessel or barge that has a storage capacity of less than 500
				barrels and an approved streamlined plan under 18 AAC 75.456 is exempt from the
				requirements of 18 AAC 75.007 - 18 AAC 75.085.
Authority:
AS 46.03.020
AS 46.03.740
AS 46.04.030
AS 46.04.050
AS 46.04.055
AS 46.04.070
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.007 - General oil pollution prevention requirements

Current through May 31, 2024
(a) Except where
				application of the requirements of
				18 AAC 75.005 -
				18 AAC 75.085 would be preempted
				by federal law, those requirements apply to each facility or operation for
				which an approved oil discharge prevention and contingency plan is required
				under AS
				46.04.030 or
				AS
				46.04.055(j).
(b) A vessel, barge, pipeline, railroad tank
				car, or other facility subject to the applicable requirements of this chapter
				must be equipped and operated in accordance with this chapter and other state
				and federal law applicable to the prevention of an oil discharge. A railroad
				must be operated in compliance with applicable federal railroad safety
				regulations.
(c) If a requirement
				of 18 AAC 75.005 -
				18 AAC 75.085 and a corresponding
				requirement of federal law differ and application of the requirement of
				18 AAC 75.005 -
				18 AAC 75.085 would not be
				preempted by federal law, the more stringent requirement applies.
(d) Repealed 12/30/2006.
(e) The owner or operator shall have in place
				programs designed to ensure that each drill operator, each person who has
				navigational, towline, security, or maintenance duties, and any other person
				directly responsible for an activity that might result in a violation of this
				chapter is free of substance-abuse or medical conditions that would impair that
				person's ability to do that person's job. The requirements of this section may
				be met
(1) for a railroad, by a program in
				accordance with  49 C.F.R. Part 219, revised as of October 1, 2005 and adopted
				by reference;
(2) for a pipeline,
				by a program in accordance with  49 C.F.R. Part 199, revised as of October 1,
				2005 and adopted by reference; or
(3) for a vessel, by a program in accordance
				with  46 C.F.R. Part 16, revised as of October 1, 2005 and adopted by
				reference.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.015 - Waiver

Current through May 31, 2024
The department may waive a requirement of
				  18 AAC 75.005 -
				  18 AAC 75.085 if the owner or
				  operator demonstrates to the department's satisfaction that an equivalent level
				  of protection will be achieved by using a technology or procedure other than
				  the technology or procedure required by
				  18 AAC 75.005 -
				  18 AAC 75.085.
Authority:
AS
					 46.03.020
AS 46.04.030
AS 46.04.050
AS
					 46.04.070
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.020 - Oil discharge prevention training and recordkeeping

Current through May 31, 2024
(a) The owner or
				operator shall have in place personnel training programs designed to ensure
				that all personnel with job duties directly involving inspection, maintenance,
				or operation of oil storage and transfer equipment regulated under
				18 AAC 75.005 -
				18 AAC 75.085 are appropriately
				and regularly trained regarding company and state oil pollution prevention
				measures that are applicable to each position's duties.
(b) Personnel training programs must include
(1) a listing of each position with job
				duties described in (a) of this section, and the training and level of
				knowledge appropriate to that position;
(2) a listing of any licenses,
				certifications, or other prerequisites needed to hold each position listed in
				(1) of this subsection; and
(3) a
				listing of training objectives and the means of achieving them, including
				training subjects, training schedules, frequency, and type.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.025 - Transfer requirements

Current through May 31, 2024
(a) The owner or operator of an oil terminal
				facility, railroad, tank vessel, or oil barge shall take all appropriate
				measures to prevent spills or overfilling during a transfer of oil, including
				reduced loading rates at the beginning and end of a transfer.
(b) Unless it is technically unfeasible to do
				so, an oil containment boom appropriate for local conditions must be deployed
				in an effective manner around a tank vessel or oil barge during the transfer of
(1) crude oil;
(2) other persistent product; and
(3) oily ballast water.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.027 - Requirements for laden tank vessels

Current through May 31, 2024
(a) In addition to
				meeting the applicable requirements of
				18 AAC 75.007 -
				18 AAC 75.025, a laden tank vessel
				must carry or have ready access to sufficient oil transfer equipment to
				facilitate lightering to and from other vessels. The oil transfer equipment
				must be sufficient to lighter the volume of the largest cargo tank within 24
				hours.
(b) The owner or operator
				shall ensure that each laden tank vessel has on board a person who is
				designated as an oil spill prevention and response officer and is responsible
				for training and drilling the crew on state and federal oil pollution
				prevention and response requirements.
(c) If the master is not fluent in English, a
				person fluent in English and in the master's language must be immediately
				available to the bridge of any laden tank vessel when underway in state
				waters.
(d) The owner or operator
				shall ensure that measures are in place that allow the prompt detection of an
				oil discharge including
(1) visual
				lookouts;
(2) the sounding of all
				cargo tanks to check cargo and water levels in the tanks after an intentional
				or unintentional grounding, collision, or allision; and
(3) where technically feasible, electronic
				leak detection systems.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.037 - Requirements for laden oil barges

Current through May 31, 2024
(a) In addition to
				meeting the applicable requirements of
				18 AAC 75.007 -
				18 AAC 75.025, a laden oil barge
				must carry or have ready access to sufficient oil transfer equipment to
				facilitate lightering to and from other vessels. The oil transfer equipment
				must be sufficient to lighter the volume of the largest cargo tank within 24
				hours.
(b) The owner or operator of
				a laden oil barge shall ensure that each barge or vessel towing a barge has on
				board a person who is designated as an oil spill prevention and response
				officer and is responsible for training and drilling the crew on state and
				federal oil pollution prevention and response requirements.
(c) If the master is not fluent in English, a
				person fluent in English and in the master's language must be immediately
				available to any vessel towing an oil laden barge.
(d) The owner or operator shall ensure that
				measures are in place that allow the prompt detection of an oil discharge,
				including visual inspections of the barge and the area around the barge, and
				the sounding of all cargo tanks to check cargo and water levels in the tanks
				after an intentional or unintentional grounding, collision, or
				allision.
(e) The owner or operator
				shall inspect towing equipment every two months and shall record the results of
				each inspection and any actions taken to resolve problems discovered during an
				inspection.
(f) The owner or
				operator shall provide an adequate means of recovering a barge that breaks free
				of its towing vessel. The recovery means must be capable of being used by other
				vessels if the towing vessel is lost or incapacitated.
Authority:
AS
					 46.03.020
AS 46.04.030
AS
					 46.04.070