reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 95 - Knik Arm Bridge and Toll Authority › 17 AAC 95.090 - Modification or termination of procurement

Current through May 31, 2024
In administering any procurement, the authority may
(1) withdraw an invitation for competitive
			 sealed bids, a request for qualifications, or a request for proposals at any
			 time, and issue a new request;
(2)
			 reject bids, qualifications submittals, or proposals at any time;
(3) terminate evaluation of qualifications
			 submittals or proposals at any time;
(4) suspend, discontinue, or terminate
			 public-private partnership agreement negotiations with any proposer at any time
			 before the actual authorized execution of an agreement by all
			 parties;
(5) negotiate with a
			 proposer to include, in accordance with law, aspects of unsuccessful proposals
			 for those goods and services in the agreement with the proposer;
(6) request or obtain additional information
			 about any proposal from any source;
(7) modify, issue addenda to, or cancel any
			 invitation for competitive sealed bids, request for qualifications, or request
			 for proposals;
(8) waive
			 deficiencies in a bid, qualifications submittal, or proposal, accept and review
			 a non-conforming qualifications submittal or proposal, or permit clarifications
			 or supplements to a qualifications submittal or proposal.
Authority:
AS
				  19.75.111
AS
				  36.30.015
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 95 - Knik Arm Bridge and Toll Authority › 17 AAC 95.120 - Protests

Current through May 31, 2024
(a) An interested party may protest the award
			 of a contract, the proposed award of a contract, or a solicitation for
			 supplies, equipment, services, construction, office or other space leases,
			 personal property, or professional services by the authority under this
			 chapter. The protest must be in writing and must include at least the following
			 information:
(1) the name, address, and
			 telephone number of the protester;
(2) the signature of the protester or the
			 protester's designated representative;
(3) identification of the solicitation or
			 contract at issue;
(4) a detailed
			 statement of the legal and factual grounds of the protest, including copies of
			 relevant documents; and
(5) the
			 form of relief requested.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 95 - Knik Arm Bridge and Toll Authority › 17 AAC 95.130 - Contract claims

Current through May 31, 2024
(a) If a contract awarded under this chapter
			 contains a dispute resolution procedure, any claim by the contractor against
			 the authority arising from the contract shall be resolved under the procedures
			 contained in the contract.
(b) If a
			 contract awarded under this chapter does not contain a dispute resolution
			 procedure, a contractor may file with the authority a claim concerning a
			 contract controversy. The contractor shall certify that the claim is made in
			 good faith, the supporting data is accurate and complete, and the amount
			 requested as a result of the controversy accurately reflects the amount for
			 which the contractor believes the authority is liable.
(c) If a claim filed with the authority under
			 (b) of this section cannot be resolved by agreement, the authority will request
			 the Office of Administrative Hearings to conduct an administrative hearing
			 under AS
			 44.64.030(b). A decision by
			 the Office of Administrative Hearings on the claim is the authority's final
			 administrative decision on the claim.
Authority:
AS
				  19.75.111
AS 36.30.015
AS
				  44.64.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 95 - Knik Arm Bridge and Toll Authority › 17 AAC 95.140 - Exemptions to procurement regulations

Current through May 31, 2024
The provisions of this chapter do not apply to
(1) contracts for professional witnesses to
			 provide professional services or testimony relating to existing or probable
			 lawsuits to which the authority is or might become a party;
(2) acquisitions or dispositions of real
			 property or an interest in real estate;
(3) the purchase or sale of securities or
			 other financial instruments;
(4)
			 purchase of books, newspapers, periodicals, audiovisual materials, network
			 information services, including financial informational electronic services,
			 all media advertising, professional memberships, archival materials, objects of
			 art, or archival acquisitions;
(5)
			 contracts for supplies or services for research projects funded by the federal
			 government or private grants;
(6)
			 guest speakers, professional instructors, or performers for management and
			 educational training forums, conferences, or associated programs;
(7) expenditures, not to include services of
			 bond counsel or financial advisors, associated with the issuance of authority
			 debt obligations;
(8) expenditures
			 for valuation appraisals for real estate owned by the authority;
(9) premium expenditures for all required
			 insurance coverage.
Authority:
AS
				  19.75.111
AS
				  36.30.015
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 95 - Knik Arm Bridge and Toll Authority › 17 AAC 95.150 - Purchases through other departments

Current through May 31, 2024
The provisions of this chapter do not prevent authority
				procurement through the Department of Transportation and Public Facilities or
				the division of general services in the Department of
				Administration.
Authority:
AS
				  19.75.111
AS
				  36.30.015
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 95 - Knik Arm Bridge and Toll Authority › 17 AAC 95.160 - Authority to delegate; exercise of delegated authority

Current through May 31, 2024
The executive director may delegate the executive director's
				authority with respect to procurements under this chapter to an employee of the
				authority. A delegation of authority must be in writing, and may be revoked at
				any time by the executive director.
Authority:
AS
				  19.75.111
AS
				  36.30.015
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 95 - Knik Arm Bridge and Toll Authority › 17 AAC 95.170 - Federal assistance

Current through May 31, 2024
If federal money or other federal assistance is involved in a
				procurement by the authority, this chapter will govern except to the extent
				that it is superseded by federal regulations and provisions. In case of
				conflict, the federal regulations and provisions control.
Authority:
AS
				  19.75.111
AS
				  36.30.015
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 95 - Knik Arm Bridge and Toll Authority › 17 AAC 95.990 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires otherwise,
(1) "authority" means the Knik Arm Bridge and
			 Toll Authority;
(2) "board" means
			 the authority's board of directors;
(3) "executive director" means the
			 authority's executive director;
(4)
			 "short-listed proposer" means a proposer responding to a request for
			 qualifications that is chosen as a short-listed proposer under
			 17 AAC 95.040(b).
Authority:
AS
				  19.75.111
AS
				  36.30.015
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 97 - Naturally Occurring Asbestos › 17 AAC 97.010 - Applicability

Current through May 31, 2024
This chapter applies to the means by which landowners and
				contractors are granted immunity under
				AS
				09.65.245(a) (immunity for
				certain persons supplying or using gravel or other aggregate material;
				limitations on asbestos-related actions against defendants) from a civil action
				or claim for damages or costs.
Authority:
AS
				  09.65.245
AS 44.42.030
AS 44.42.400
AS 44.42.420
AS 44.42.430
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 97 - Naturally Occurring Asbestos › 17 AAC 97.020 - Bulk testing method, Sampling Protocols and laboratory requirements

Current through May 31, 2024
The testing method used to determine the percentage of
				naturally occurring asbestos contained within gravel or other aggregate
				material to be used in projects described in this chapter is the California
				Environmental Protection Agency, California Air Resources Board, Method 435:
Determination of Asbestos Content of Serpentine Aggregate (CARB
				435)
, revised as of June 6, 1991 and adopted by reference, with the
				lowest detection limit of 0.25 percent using the "400 non-empty point"
				calculation. The department's
DOT&PF NOA Sampling and
				Classification Protocols
, revised as of March 27, 2015 and adopted by
				reference, establishes the method for samples taken in undeveloped areas. A
				laboratory doing the analysis must be certified by the United States Department
				of Commerce, National Institute of Standards and Technology, National Voluntary
				Laboratory Accreditation Program (NIST/NVLAP).
A copy of the California Air Resources Board, Method 435,
				  adopted by reference in
				  17 AAC 97.020, may be obtained by
				  writing to the California Air Resources Board, P.O. Box 2815, Sacramento, CA
				  95812. An electronic copy may be viewed at the California Air Resources Board
				  website,
http://www.arb.ca.gov/testmeth/vol3/M_435.pdf
.
				  A copy of the
DOT&PF NOA Sampling and Classification
				  Protocols
, adopted by reference in
				  17 AAC 97.020, may be obtained by
				  writing to the Department of Transportation and Public Facilities, P.O. Box
				  112500, Juneau, AK 99811 -2500. An electronic copy may be viewed at the
				  Department of Transportation and Public Facilities website,
http://dot.state.ak.us/stwddes/desmaterials/noa.shtml
.
Authority:
AS
				  09.65.245
AS 18.31.260
AS 44.42.020
AS 44.42.030
AS 44.42.400
AS 44.42.420
AS
				  44.42.430
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 97 - Naturally Occurring Asbestos › 17 AAC 97.040 - Procedures for submission and review of site-specific plans

Current through May 31, 2024
(a) An applicant intending to use materials
			 containing naturally occurring asbestos at levels at or exceeding those
			 established under
			 AS
			 44.42.410 from within an area designated
			 under 17 AAC 97.030 and who is seeking
			 immunity provided under
			 AS
			 09.65.245(a)(2) must submit
			 a site-specific plan to the department. The applicant submitting the plan must
(1) have the plan certified in writing by
(A) an industrial hygienist with
			 certification from the American Board of Industrial Hygiene; or
(B) a registered professional engineer under
			 AS 08.48 with department-provided project designer
			 training;
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 97 - Naturally Occurring Asbestos › 17 AAC 97.050 - Responsibilities

Current through May 31, 2024
The project owner and each contractor are responsible for
				fulfilling their respective requirements of the site-specific plan approved
				under 17 AAC 97.040. The contractor
				shall ensure that each party involved with the project, including each
				subcontractor, complies with the approved site-specific plan.
Authority:
AS
				  44.42.030
AS 44.42.420
AS 44.42.430
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 97 - Naturally Occurring Asbestos › 17 AAC 97.900 - Definitions

Current through May 31, 2024
(a) In
			 AS
			 44.42.400-44.42.430 and this chapter,
(1) "landowner" means
(A) the owner of the surface estate of land
			 affected by the use in the project of materials containing naturally occurring
			 asbestos; and
(B) the owner of the
			 subsurface estate of land affected by the use in the project of materials
			 containing naturally occurring asbestos;
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 99 - Miscellaneous Provisions › 17 AAC 99.010 - Double-fine zone signs for highway work zones

Current through May 31, 2024
(a) Authorization
			 to erect, maintain, and remove the double-fine zone signs described in this
			 section is made to the following in the following manner:
(1) authorized employees of the
			 department;
(2) contractors of the
			 department, unless the commissioner or the commissioner's designee determines
			 in writing that the authorization is not appropriate given the nature of the
			 work; the authorization expires at the completion of the work;
(3) municipalities, if the municipality
			 authorizes an employee or contractor in writing and the authorization expires
			 at the completion of the associated work.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 1 - Coverage of Chapter › 18 AAC 15.010 - Coverage of chapter

Current through May 31, 2024
(a) The provisions
				of 18 AAC 15.020 - 18 AAC 15.100 apply to application procedures for the
				following permits or written approvals:
(1)
				waste management and disposal permits under AS 46.03.100 and 18 AAC 60.215, but
				not to Alaska Pollutant Discharge Elimination System permits issued under 18 AAC 83.005 - 18 AAC 83.990;
(2)
				sewerage system and treatment works plan approvals and permits under AS
				46.03.100, 18 AAC 72.200, 18 AAC 72.215, 18 AAC 72.220, 18 AAC 72.225, 18 AAC 72.240, 18 AAC 72.500, and 18 AAC 72.600;
(3) public water system plan approvals under
				AS 46.03.720 and 18 AAC 80.200;
(4)
				surface oiling permits under AS 46.03.740 and 18 AAC 75.730;
(5) permits under AS 46.03.320, AS 46.03.330,
				AS 46.03.730, 18 AAC 90.500, and 18 AAC 90.505 for public pesticide programs or
				projects, and water or aerial application of pesticides;
(6) permits and short-term variances under AS
				46.03.100 and 18 AAC 70.200 for disposal of wastewater into or upon the waters
				or land of the state, except for point source discharges subject to 18 AAC 15.120 or 18 AAC 83.005 - 18 AAC 83.990.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 2 - Permit Procedures › 18 AAC 15.020 - Permit applications

Current through May 31, 2024
(a) Except as provided in
				18 AAC 15.130 -
				18 AAC 15.140, an applicant for a
				permit or written approval subject to
				18 AAC 15.020 -
				18 AAC 15.100 must serve a
				complete application on the department.
(b) An applicant must serve a complete
				application under (a) of this section for the department's review at least
(1) five days before the proposed
				commencement of the operation, for applications for surface oiling
				permits;
(2) 30 days before the
				proposed commencement of construction, installation, modification, or
				improvement, for applications for plan approvals or permits for a sewerage
				system treatment works, or public water system;
(3) 60 days before the proposed commencement
				of construction, installation, modification, or improvement, for applications
				for plan approvals or permits for a municipal sewerage system, treatment works,
				or public water system project that involves state or federal monetary
				assistance;
(4) 60 days before the
				proposed commencement of the operation, for an application for a solid waste
				disposal permit, short-term variance form water quality standards, or
				wastewater disposal permit; and
(5)
				100 days before the proposed commencement of a pesticide use that requires a
				permit under 18 AAC 90.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 2 - Permit Procedures › 18 AAC 15.030 - Signing of applications

Current through May 31, 2024
All permit or approval applications must be signed as
				  follows:
(1) in the case of
				corporations, by a principal executive officer of at least the level of vice
				president or his duly authorized representative, if the representative is
				responsible for the overall management of the project or operation;
(2) in the case of a partnership, by a
				general partner;
(3) in the case of
				a sole proprietorship, by the proprietor; and
(4) in the case of a municipal, state,
				federal or other public facility, by either a principal executive officer,
				ranking elected official, or other duly authorized employee.
Authority:
AS
					 46.03.020(10)
AS 46.03.090
AS 46.03.100
AS 46.03.110
AS 46.03.160
AS 46.03.330
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 2 - Permit Procedures › 18 AAC 15.040 - Requests for additional information

Current through May 31, 2024
(a) If, within the
				time period for review of the application established in
				18 AAC 15.020(b),
				the department determines that either further information or a site visit is
				necessary in order to evaluate the operation, the department will serve notice
				on the applicant of the information required and, in addition, establish a
				deadline for receipt of the requested information or the holding of the site
				visit. If the applicant fails to provide the requested information, or does not
				permit a site visit within the deadline period, the department will deny the
				application.
(b) The time period
				for review of the application established in
				18 AAC 15.020(c) and (d) will be held in abeyance until service of
				the information, or holding of the site visit.
Authority:
AS
					 46.03.020
AS 46.03.090
AS 46.03.100
AS 46.03.110
AS 46.03.160
AS 46.03.320
AS 46.03.330
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 2 - Permit Procedures › 18 AAC 15.050 - Public notice

Current through May 31, 2024
(a) Immediately after the service of a
				complete application for a solid waste disposal permit, a short-term variance
				from water quality standards, or a wastewater disposal permit, the department
				will publish two consecutive notices of the application in a newspaper of
				general circulation in the area that would be affected by the operation, and in
				other media the department considers appropriate to achieve sufficient public
				notice.
(b) In a public notice
				under this section, the department will include
(1) information on the nature and the
				location of the proposed activity;
(2) information on how the public can receive
				more information, including a statement that an interested person will be sent
				a copy of the application upon request; and
(3) a statement that a person may submit
				comments on the application by filing written comments with the department
				before the published comment deadline.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 2 - Permit Procedures › 18 AAC 15.060 - Public hearings

Current through May 31, 2024
(a) The department will hold a public hearing
				on a pesticide permit application under 18 AAC 90 if
(1) no more than 30 days after the second
				publication of notice under
				18 AAC 15.050(c),
				a hearing is requested by
(A) 50 residents of
				the affected area; or
(B) the
				governing body of an affected municipality; or
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 2 - Permit Procedures › 18 AAC 15.070 - Preissuance conference; ex parte communications

Current through May 31, 2024
(a) The provisions
				of this section apply solely to an application for a solid waste disposal
				permit, public pesticide program or project permit, permit for the water or
				aerial application of pesticides, short-term variance from water quality
				standards, or wastewater disposal permit.
(b) At any time before the department's
				decision under
				18 AAC 15.080, the applicant may
				request a preissuance conference from the department. The request may be made
				orally.
(c) A preissuance
				conference is a discretionary, informal, and nonadjudicative procedure for the
				purpose of discussing the progress of the application and narrowing areas of
				disagreement between the parties. The conference may be tape recorded. The
				commissioner will appoint a designee to preside at the conference.
(d) The department office will establish a
				time and place for holding the conference.
(e) Upon the granting of a request for a
				preissuance conference, the time period for review of the application
				established in
				18 AAC 15.020(b)
				will be held in abeyance until completion of the conference.
(f) If practicable, communications between
				the applicant and an employee of the department regarding the application,
				other than at the preissuance conference, should be in writing. If oral
				communications are made, the department employee will prepare a memorandum for
				the record specifying the person with whom he or she communicated, the date and
				time of the communication, and a brief summary of the substance of the
				communication.
Authority:
AS
					 46.03.020
AS 46.03.090
AS 46.03.100
AS 46.03.110
AS 46.03.320
AS 46.03.330
AS 46.03.720
AS
					 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 2 - Permit Procedures › 18 AAC 15.080 - Decision on application

Current through May 31, 2024
(a) For an
				application served under
				18 AAC 15.020(a),
				the appropriate division director or designee, within the applicable time
				period established in
				18 AAC 15.020(b),
				shall serve the department's decision on the applicant. The decision will
				include
(1) the permit, variance, or written
				approval, if it is the department's determination that a permit or variance
				should be issued, or written approval granted;
(2) a brief summary of the basis for the
				department's decision, if the department's decision is to deny a permit,
				variance, or approval, or to subject a permit, variance, or approval to
				conditions specific to the activity; the department will provide a summary of
				the basis for its decision to grant a permit, variance, or approval in a case
				in which public comment adverse to the application has been received;
				and
(3) a statement that a person
				aggrieved by the department's decision may request an adjudicatory hearing
				under 18 AAC 15.200.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 2 - Permit Procedures › 18 AAC 15.090 - Permit terms and conditions

Current through May 31, 2024
As the department considers necessary to ensure that
				  applicable criteria will be met, the department will attach terms and
				  conditions to a permit, variance, or approval, including
(1) operating, monitoring, inspection,
				sampling, and reporting requirements;
(2) requirements to ensure department access
				to records; and
(3) the posting of
				a performance bond or other surety.
Authority:
AS
					 46.03.020
AS 46.03.090
AS 46.03.100
AS 46.03.110
AS 46.03.330
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 2 - Permit Procedures › 18 AAC 15.100 - Permit limitations

Current through May 31, 2024
(a) The department will set a fixed term, not
				to exceed five years, for a permit or variance other than a plan approval for a
(1) sewerage system or treatment works;
				or
(2) public water
				system.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 2 - Permit Procedures › 18 AAC 15.110 - Administrative continuance of expiring permits

Current through May 31, 2024
(a) The conditions
				of an expired permit issued under
				AS
				46.03.100 continue to be fully effective and
				enforceable until the effective date of a new or renewed permit if the
(1) permittee has timely submitted an
				application to renew the expiring permit or for a new permit that satisfies the
				requirements of
				18 AAC 15.020 or
				18 AAC 15.100(d)
				and any applicable requirements of 18 AAC 60 or 18 AAC 72; and
(2) department has not denied the application
				or revoked the continued permit.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 3 - Adoption of NPDES Permits › 18 AAC 15.120 - Adoption of NPDES permits

Current through May 31, 2024
(a) A person who
				conducts an operation which results in the disposal of wastewater into the
				water of the state need not apply under secs. 20 - 100 of this chapter if the
				disposal is permitted under an NPDES permit, and the department has certified
				the NPDES permit in accordance with secs. 130 - 170 of this chapter.
(b) Any reissuance of or modification to a
				certified NPDES permit must be certified by the department under secs. 130 -
				170 of this chapter. This requirement applies whether the reissuance or
				modification was brought about by reapplication, or by stipulation or other
				agreement between EPA and the permittee. Notwithstanding (c) of this section,
				if any NPDES permit is reissued or modified without certification under secs.
				130 - 170 of this chapter, that permit will not be considered a permit under
				AS
				46.03.100.
(c) For persons subject to (a) of this
				section, the NPDES permit constitutes the permit required under
				AS
				46.03.100. The NPDES permit will be enforced
				by the department under AS 46.03, and may be modified or terminated for
				purposes of
				AS
				46.03.100 under
				AS
				46.03.120. Any rights or privileges inuring
				to the benefit of EPA in the NPDES permit, including any right to enter,
				inspect, sample, and have access to records, also inure to the benefit of the
				department. Any reports or other information filed with EPA in accordance with
				the NPDES permit must be contemporaneously filed with the department.
(d) If a certified NPDES permit, or any
				portion of the permit, is stayed pending a challenge to the permit, that permit
				will not be considered a state permit under
				AS
				46.03.100 during the period of the
				stay.
(e) If a portion of a
				certified NPDES permit is stayed pending a challenge to the permit, that
				portion of the permit that is stayed will not be considered to be part of a
				state permit under
				AS
				46.03.100 during the period of the stay. The
				remainder of the NPDES permit that is not stayed will be considered a state
				permit under
				AS
				46.03.100 unless the department determines
				otherwise. The department will provide written notification to the permittee if
				the department determines that any portion of the partially-stayed NPDES permit
				will not be considered a state permit under
				AS
				46.03.100 during the period of the
				stay.
Authority:
AS
					 46.03.020
AS
					 46.03.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 4 - Certification › 18 AAC 15.130 - NPDES certification procedure

Current through May 31, 2024
(a) Contemporaneous
				with the filing with EPA of an application for an NPDES permit, or for a
				modification or reissuance of an NPDES permit, a copy of the application and
				all supporting information, together with a cover letter requesting
				certification, must be served on the department. If the certification request
				involves a modification to an NPDES permit which does not involve application,
				for which EPA does not intend to issue public notice, the department will
				require a copy of the proposed modification at least 60 days before any
				deadline established by EPA for certification action on the modification, or 60
				days before the proposed effective date of the modification, whichever is the
				sooner. All supplementary forms or other information pertaining to the
				application must be served on the department at the time of their filing with
				EPA.
(b) Within 30 days after
				receipt of an application for certification, the department will, if necessary,
				serve notice upon the applicant that additional information is necessary in
				order for the department to determine whether the discharge will comply with
				the applicable provisions of 33 U.S.C. 1311,
				1312,
				1313,
				1316, and
				1317 (Clean Water Act), secs. 301,
				302, 303, 306, and 307, and that the additional information must be served upon
				the department within 30 days after receipt of the request. If the information
				is not served upon the department within the time period specified,
				certification will be denied unless a time extension is approved by the
				department upon the applicant's showing, to the department's satisfaction, that
				additional time is necessary to provide the needed information.
Authority:
AS
					 46.03.020
AS
					 46.03.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 4 - Certification › 18 AAC 15.140 - Public notice

Current through May 31, 2024
(a) Public notice of the certification
				application will be published jointly with notice of the proposed action by EPA
				under 40 C.F.R.
				124.10. The notice will include the
				information required by
				18 AAC 15.050(b).
(b) If the certification request involves a
				proposed modification to an NPDES permit for which EPA does not propose to
				issue public notice, the department will issue public notice in conformity with
				18 AAC 15.050(b)
				within 10 days after receipt of the certification application. However, the
				department will not provide public notice for proposed modifications to an
				NPDES permit, if the department determines that the proposed modifications will
				not result in a significant change in the location, volume, type, or
				concentration of the discharge.
Authority:
AS
					 46.03.020
AS
					 46.03.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 4 - Certification › 18 AAC 15.150 - Public hearings

Current through May 31, 2024
(a) The department will determine whether to
				hold a public hearing on a certification application under
				18 AAC 15.060(b).
(b) If EPA holds a public hearing under
				40 C.F.R.
				124.12, that hearing, and the hearing under
				this section, will, when practicable, be held jointly.
(c) If EPA does not hold a public hearing,
				the hearing under this section will be held no fewer than 30 days after notice
				of the hearing. The hearing will be noticed and conducted under
				18 AAC 15.060(d)
				- (h).
Authority:
AS
					 46.03.020
AS
					 46.03.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 4 - Certification › 18 AAC 15.160 - Department decision

Current through May 31, 2024
The department will serve upon the applicant, EPA, and each
				  person who submitted timely comments upon the application or testified at a
				  hearing held under
				  18 AAC 15.150, the decision of the
				  appropriate division director or designee regarding certification. In the
				  decision, the department will include a summary of the basis of the
				  department's decision.
Authority:
AS
					 46.03.020
AS
					 46.03.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 4 - Certification › 18 AAC 15.170 - Period required to process certification

Current through May 31, 2024
Subject to sec. 130(a) of this chapter, the department will
				  require at least 30 days to act on a request for certification of the regional
				  administrator's determination under  40 C.F.R. sec. 125.3  (39 FR 27080 (July 24,
				  1974)).
Authority:
AS
					 46.03.020
AS 46.03.160
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 4 - Certification › 18 AAC 15.180 - Certification for other federal licenses and permits

Current through May 31, 2024
(a) A person may
				not undertake a federally licensed or permitted activity requiring
				certification under 33
				U.S.C. 1341 (Clean Water Act, sec. 401)
				without first applying for and obtaining certification from the department
				under this section unless, after application, the department waives its right
				to certify under 33 U.S.C.
				1341(a) (Clean Water Act,
				sec. 401). An applicant must pay the appropriate fee in
				18 AAC 72.956,
				18 AAC 72.957, or
				18 AAC 72.959 for certification of
				a federal license or permit.
(b)
				Certification requests for any federal license or permit other than an NPDES
				permit will be processed in substantial conformity with secs. 130 - 170 of this
				chapter. The department will, in its discretion, enter into agreements with
				federal licensing and permitting agencies to provide for joint public notice
				and hearing. The department will make a decision on certification applications
				for other federal licenses or permits within 30 days of receipt of the federal
				agency's proposed action on the license or permit application.
(c) An applicant for a federal license or
				permit requiring certification under
				33 U.S.C.
				1341 (Clean Water Act, section 401) must
				serve upon the department a copy of the application for a federal license or
				permit, and all accompanying information, contemporaneous with the submission
				of the application to the federal licensing or permitting agency. The
				requirements of
				18 AAC 15.120(b)
				regarding reissuances or modifications to an NPDES permit apply to reissuances,
				renewals, or amendments to any other federal license or permit requiring
				certification under 33
				U.S.C. 1341.
Authority:
AS
					 44.46.025
AS 46.03.020
AS
					 46.03.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 5 - Informal and Fee Review Procedures › 18 AAC 15.185 - Informal review

Current through May 31, 2024
(a) The informal
				review process allows the requester to address. with the department division
				that issued a contested decision, concerns over the decision without entering
				into a formal adjudicatory hearing process. An informal review request is not
				required before making a request for an adjudicatory hearing. A person
				authorized under a provision of this title to request an informal review under
				this section, or a person authorized to request an adjudicatory hearing under
				18 AAC 15.195 - 18 AAC 15.340, may request an informal agency review by the
				director of the department division that issued the contested decision. As
				provided in 18 AAC 15.200(e), proceedings on a request for adjudicatory hearing
				do not begin until after the proceedings on a request for informal review, if
				requested. of the contested decision are completed . A request for informal
				review must be made not later than 20 days after issuance of the department's
				decision reviewable under this section. The request may be made by mail,
				electronic mail, or facsimile, and must include
(1) the information required under 18 AAC 15.200(c) and (d); and
(2) subject
				to the restrictions of 18 AAC 15.245, copies of any documents or data that
				would assist the director in concluding the informal review.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 5 - Informal and Fee Review Procedures › 18 AAC 15.190 - Fee review

Current through May 31, 2024
(a) An applicant for a permit or approval who
				is authorized by a provision of this title to seek a review of a fee decision
				of the department under this section may, within 30 days of receipt of the fee
				invoice, make a written request that the director of the division issuing the
				invoice review the matter. The applicant need not pay the disputed fee until
				the director issues a final decision under (b) of this section, and the
				department will not charge interest while the director considers the request
				for fee review.
(b) A request for
				fee review must be accompanied by a written discussion that sets out the
				reasons why the fee or computation is disputed and how it should be adjusted.
				The director of the department division issuing the invoice shall issue a
				written decision on the disputed invoice within 30 days after receiving the
				request for fee review. A decision made under this subsection is the final
				agency decision. A person aggrieved by that decision may appeal it to the
				superior court in accordance with the Alaska Rules of Appellate
				Procedure.
Authority:
AS
					 44.46.020
AS 44.46.025
AS 46.03.020
AS 46.03.070
AS
					 46.14.140
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 6 - Administrative Appeal Procedures › 18 AAC 15.195 - Applicability

Current through May 31, 2024
The provisions of 18 AAC 15.195 - 18 AAC 15.340 apply to
				  adjudicatory hearings to review decisions described in 18 AAC 15.010(e), except
				  adjudicatory hearings for administrative penalties under AS 46.03.761(d) or
				  adjudicatory hearings under 18 AAC 23, 18 AAC 30, 18 AAC 31, 18 AAC 32, 18 AAC
				  34, 18 AAC 52, 18 AAC 60.260, 18 AAC 72.430, 18 AAC 75.550 - 18 AAC 75.570, or
				  18 AAC 80.1240.
Authority:
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.320
AS 46.03.330
AS 46.03.720
AS 46.03.730
AS 46.03.761
AS 46.03.880
AS 46.04.030
AS 46.04.890
AS 46.14.120
AS 46.14.150
AS 46.14.200
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 6 - Administrative Appeal Procedures › 18 AAC 15.196 - Administrative Procedure Act

Current through May 31, 2024
To the extent provided in AS 44.62.330(a), AS 46.03.880, AS
				  46.04.890, and AS 46.14.200, the adjudicatory hearing procedures in this
				  chapter supersede the adjudicatory hearing procedures contained in AS
				  44.62.330-44.62.630 (Administrative Procedure Act).
Authority:
AS 44.62.330
AS 46.03.330
AS 46.04.890
AS 46.03.020
AS 46.03.720
AS 46.14.120
AS 46.03.100
AS 46.03.730
AS 46.14.150
AS 46.03.110
AS 46.03.880
AS 46.14.200
AS 46.03.320
AS 46.04.030
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 6 - Administrative Appeal Procedures › 18 AAC 15.200 - Request for an adjudicatory hearing

Current through May 31, 2024
(a) Not later than
				30 days after the department issues a decision reviewable under 18 AAC 15.195 -
				18 AAC 15.340 or not later than 30 days after the director issues a final
				decision under 18 AAC 15 .185, whichever is later, a person authorized to
				request an adjudicatory hearing under this chapter may serve a request upon the
				commissioner. A copy of the request for adjudicatory hearing must be served on
				the director, and on the permit applicant or permittee. Except as provided in
				AS 46.14.200 for certain persons requesting an air emissions permit hearing, a
				person who requests an adjudicatory hearing, a person designated to act on the
				person's behalf, or an intervenor must have actively raised the issue to the
				department through participation in the public review process on the draft
				decision, if the department offered one, either by submitting written comments
				or by testifying at a public hearing on the draft decision, unless the
				challenge is to a provision of a final permit that was not in the draft permit
				that was the subject of the public notice or comment process.
(b) Unless a permit is being renewed, if the
				application was made solely for a permit amendment, a request for an
				adjudicatory hearing may not raise issues relating to
(1) the validity of the permit for which an
				amendment is sought; or
(2)
				unrelated permit conditions for which an amendment was not sought.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 6 - Administrative Appeal Procedures › 18 AAC 15.205 - Alternative dispute resolution

Current through May 31, 2024
(a) Notwithstanding
				18 AAC 15.195 - 18 AAC 15.340, the department and the parties may engage in
				alternative dispute resolution as provided in 2 AAC 64.200. However, a request
				for an adjudicatory hearing must be filed in accordance with 18 AAC 15.200 at
				the same time as or before a request for alternative dispute
				resolution.
(b) For purposes of
				this section, alternative dispute resolution
(1) includes non-binding arbitration,
				modified adjudication proceedings, non-record abbreviated hearings, or any
				collaborative method designed to encourage the parties to work together to
				develop a mutually agreeable solution, including negotiation, mediation, use of
				a neutral fact-finder, and settlement conferences; and
(2) does not include binding
				arbitration.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 6 - Administrative Appeal Procedures › 18 AAC 15.220 - Action on hearing requests

Current through May 31, 2024
(a) As provided in
				AS 44.64.060(b), the commissioner will, not later than 10 days after receiving
				a properly served hearing request,
(1) deny
				the request
(A) for a reason provided by law;
				or
(B) by vacating and remanding
				the matter to the division director for further action; or
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 6 - Administrative Appeal Procedures › 18 AAC 15.225 - Additional parties and issues

Current through May 31, 2024
(a) A person who
				wants to intervene in proceedings granted by the commissioner may serve upon
				the administrative law judge a request to intervene that contains the
				information and meets the requirements specified in 18 AAC 15.200, not later
				than 15 days after publication of notice or mailing of notice under 18 AAC 15.220(d), whichever occurs last. A person requesting to intervene must serve a
				copy of the request to intervene on each party. A person requesting to
				intervene may not raise new contested issues beyond those contained in the
				request for hearing granted by the commissioner under 18 AAC 15.220(c). An
				existing party may submit an objection to a request to intervene not later than
				seven days after service of the request.
(b) Each requester, the permit applicant or
				permittee, and the division director are automatically parties to the
				proceeding and need not file requests for intervention.
(c) The administrative law judge will grant
				or deny the request to intervene not later than 10 days after the expiration of
				the deadline to object. The administrative law judge will grant the
				intervention request if the administrative Jaw judge finds that the potential
				intervenor meets the standing requirements of 18 AAC 15.200 and the potential
				intervenor's interests are not adequately represented in the
				adjudication.
(d) If more than one
				hearing request concerning a department decision, including requests to
				intervene, is granted, all granted requests will be automatically joined in a
				single proceeding.
As of Register 204 (January 2013), and under AS
					 44.62.125(b)(6), the regulations attorney made technical corrections to 18 AAC 15.225.
Authority:
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.320
AS 46.03.330
AS 46.03.720
AS 46.03.880
AS 46.04.030
AS 46.03.890
AS 46.14.120
AS 46.14.150
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 6 - Administrative Appeal Procedures › 18 AAC 15.230 - Consolidation and severance

Current through May 31, 2024
(a) The
				commissioner may consolidate, in whole or in part, two or more proceedings to
				be held under this chapter, if the commissioner determines that a joint hearing
				on any or all of the matters at issue would expedite or simplify consideration
				of the issues and that consolidation would not prejudice a party. Consolidation
				does not affect the right of a party to raise issues that might have been
				raised had consolidation not occurred.
(b) If the commissioner determines that
				consolidation is not conducive to an expeditious, full, and fair hearing, a
				party or issue may be severed and heard in a separate proceeding.
(c) After referral to the office of
				administrative hearings as required or permitted under AS 44.64.030,
				consolidation or severance is governed by 2 AAC 64.190.
Authority:
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.320
AS 46.03.330
AS 46.03.720
AS 46.03.730
AS 46.03.880
AS 46.04.030
AS 46.04.890
AS 46.14.120
AS 46.14.150
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 6 - Administrative Appeal Procedures › 18 AAC 15.234 - Administrative law judge

Current through May 31, 2024
(a) Under AS
				44.64.030, an administrative law judge will conduct
(1) an adjudicatory hearing granted by the
				commissioner under this chapter; or
(2) a hearing granted by the commissioner
				under this chapter on the existing record and on written briefs.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 6 - Administrative Appeal Procedures › 18 AAC 15.245 - Obligation to submit evidence and raise issues

Current through May 31, 2024
A party may not submit a factual contention or expert opinion
				  that was not submitted timely to the department before the department's
				  issuance of the contested decision unless the party shows good cause for the
				  failure to submit the item. A party may not raise an issue of fact or question
				  of law that was not raised timely to the department before the department's
				  issuance of the contested decision unless the party shows good cause for the
				  failure to raise each matter. For purposes of this section, grounds upon which
				  a party may show good cause include one or more of the following:
(1) the party could not reasonably have
				ascertained the issues or made the information available within the time
				required by this chapter;
(2) the
				party could not have reasonably anticipated the relevance or materiality of the
				matter sought to be raised or the information sought to be
				introduced.
Authority:
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.320
AS 46.03.330
AS 46.03.720
AS 46.03.730
AS 46.03.880
AS 46.04.030
AS 46.03.890
AS 46.14.120
AS 46.14.150
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 6 - Administrative Appeal Procedures › 18 AAC 15.310 - Adjustment of deadlines

Current through May 31, 2024
For good cause shown, the commissioner or administrative law
				  judge may stay the proceedings under or shorten or extend a deadline
				  established in 18 AAC 15.220(b) - (f) and 18 AAC 15.225 - 18 AAC 15.245.
Authority:
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.330
AS 46.03.720
AS 46.03.880
AS 46.04.030
AS 46.04.890
AS 46.14.120
AS 46.14.150
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 6 - Administrative Appeal Procedures › 18 AAC 15.320 - Contempt

Current through May 31, 2024
The commissioner or administrative law judge may use the
				  procedures set out in AS 44.62.590 to obtain the assistance of the superior
				  court if a person in the proceeding disobeys or resists a lawful order, refuses
				  to respond to a subpoena, refuses to take oath or affirmation as a witness,
				  refuses to be examined, or is guilty of misconduct at the hearing or so near
				  the hearing as to obstruct the proceeding.
Authority:
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.320
AS 46.03.330
AS 46.03.720
AS 46.03.730
AS 46.03.880
AS 46.04.030
AS 46.03.890
AS 46.14.120
AS 46.14.150