reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 7 - Airport Hydrant Fuel Distribution Systems and USTs with Field-Constructed Tanks › 18 AAC 78.705 - Additions, exceptions, and alternatives for airport hydrant systems and USTs with field-constructed tanks

Current through May 31, 2024
(a)
Exception
				to piping secondary containment requirements.
An owner or operator may
				use single-walled piping when installing or replacing piping associated with
				USTs with field-constructed tanks greater than 50,000 gallons and piping
				associated with airport hydrant systems. Piping associated with USTs with
				field-constructed tanks less than or equal to 50,000 gallons and that are not
				part of an airport hydrant system must meet the secondary containment
				requirements of
				18 AAC 78.025(c)
				when installed or replaced.
(b)
Upgrade requirements.
Not later than October 13, 2018, airport
				hydrant systems and USTs with field-constructed tanks where installation
				commenced on or before October 13, 2015 must meet the following requirements or
				be permanently closed under
				18 AAC 78.085:
(1) UST components in contact with the ground
				that routinely contain petroleum must meet one of the following corrosion
				protection requirements:
(A) except as
				provided in (a) of this section, the components must meet the performance
				standards for new tanks under
				18 AAC 78.025(e)
				and for new piping under ISAAC 78.025(f); or
(B) the components must be constructed of
				metal and cathodically protected according to a nationally recognized code of
				practice and must meet the following requirements:
(i) cathodic protection must meet the
				requirements of
				18 AAC 78.025(e)(2)(B), (C), and (D) for tanks, and
				18 AAC 78.025(f)(2)(B), (C), and (D) for piping; and
(ii) tanks greater than 10 years old without
				cathodic protection must be assessed to ensure the tank is structurally sound
				and free of corrosion holes before adding cathodic protection; the assessment
				must be by internal inspection or another method determined by the department
				to adequately assess the tank for structural soundness and corrosion holes;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 8 - Laboratory Approval › 18 AAC 78.800 - Approval requirements

Current through May 31, 2024
(a) Laboratory
				chemical analyses of soil, water, and air required to be conducted under this
				chapter or under
				18 AAC 75.355(e)
				must be performed by a laboratory approved by the department under
				18 AAC 78.800 -
				18 AAC 78.815. If an owner,
				operator, responsible person, or other party submits samples of soil, water, or
				air under 18 AAC 75.355(e),
				18 AAC 78.090,
				18 AAC 78.235,
				18 AAC 78.271,
				18 AAC 78.275, or
				18 AAC 78.600 -
				18 AAC 78.620, the manager of the
				laboratory that performs the chemical analysis shall include with each analysis
				the current state laboratory identification number. The department will assign
				a laboratory identification number if the department approves an application
				under (b) of this section. The department will not accept the submission of a
				soil, water, or air sample analysis without that number. In this subsection,
				"responsible person" has the meaning given in
				18 AAC 75.990.
(b) To obtain approval of the laboratory, the
				laboratory manager must submit
(1) a complete
				application on a form supplied by the department;
(2) a valid certificate from a NELAP or
				DoD-ELAP accreditation body for each analytical method, analyte, and matrix for
				which samples under
				18 AAC 75.355(e),
				18 AAC 78.090,
				18 AAC 78.235,
				18 AAC 78.271,
				18 AAC 78.275, or
				18 AAC 78.600 -
				18 AAC 78.620 will be processed by
				the laboratory; and
(3) the limit
				of detection and reporting limit for each analytical method, analyte, and
				matrix for which samples under
				18 AAC 75.355(e),
				18 AAC 78.090,
				18 AAC 78.235,
				18 AAC 78.271,
				18 AAC 78.275, or
				18 AAC 78.600 -
				18 AAC 78.620 will be processed by
				the laboratory.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 8 - Laboratory Approval › 18 AAC 78.810 - Laboratory status

Current through May 31, 2024
Based on the department's review of the application submitted
				  under 18 AAC 78.800(b)
				  and any change in certification status reported by the laboratory manager under
				  18 AAC 78.800(c),
				  and subject to
				  18 AAC 78.815, the department will
				  place a laboratory in one of the following classifications:
(1) "provisionally approved," for a limited
				approval that allows a laboratory to operate as an approved laboratory while
				the laboratory's application is pending due to circumstances described in (A)
				or (B) of this paragraph, or for one year, whichever period is less; for a
				laboratory with provisional approval, the laboratory manager shall ensure that
				all requirements for full approval are completed before provisional approval
				expires or the department will deny approval upon reapplication; the department
				will grant provisional approval to a laboratory that is not currently
				provisionally approved and that has not previously been denied approval, if at
				least one of the following circumstances exist:
(A) the department cannot process
				applications for approval in a timely manner;
(B) the department determines that the
				laboratory has minor deficiencies in its application;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 8 - Laboratory Approval › 18 AAC 78.815 - Change in laboratory status

Current through May 31, 2024
(a) The department
				will place an approved laboratory in provisionally approved status if the
				department finds that the laboratory manager has provided inaccurate
				information in the laboratory's application for approval, unless the grounds
				listed in (b) or (c) of this section apply. The department may place the
				laboratory in approved status once accurate information is supplied.
(b) Subject to
				18 AAC 78.960, the department will
				revoke a laboratory's approved or provisionally approved status for all
				analytes, methods, and matrices if the laboratory manager is found to have
(1) failed to notify the department of a
				change in the laboratory's certification status under a NELAP or DoD-ELAP
				accreditation body not later than three working days after the change;
(2) deliberately misrepresented a
				laboratory's qualifications, capabilities, or
(3) falsified data or a report;
(4) engaged in unethical or fraudulent
				practices in generating analytical data;
(5) failed to disclose required information
				in the application submitted under
				18 AAC 78.800; or
(6) operated the laboratory under significant
				deficiencies in quality assurance as evidenced by the production of invalid
				analytical data or was otherwise not able to provide accurate analytical data
				using approved methods.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 8 - General Provisions › 18 AAC 78.910 - Financial responsibility

Current through May 31, 2024
The financial responsibility requirements of
				  40
				  C.F.R. 280.90-
				  280.115
				  and 280.200 -
				  280.230,
				  as amended through July 15, 2015, are adopted by reference in this section.
				  Nothing in this chapter exempts the owner or operator of a UST from meeting any
				  other applicable federal financial responsibility
				  requirement.
As of Register 179 (October 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney made a technical revision to the authority citation
					 following 18 AAC 78.910. This change reflects the enactment of sec. 2, ch. 102,
					 SLA 2006, effective August 5, 2006, which repealed
					 AS
					 46.03.360.
Authority:
AS
					 46.03.020
AS
					 46.03.365
AS
					 46.03.405
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 8 - General Provisions › 18 AAC 78.915 - Cost recovery

Current through May 31, 2024
An owner or operator of a UST is liable for response costs
				  that the department or the state incurs as set out in the cost recovery
				  requirements under
				  18 AAC 75.910.
Authority:
AS
					 40.25.120
AS 46.03.020
AS 46.03.365
AS 46.03.760
AS 46.03.822
AS 46.03.826
AS 46.04.010
AS 46.04.020
AS 46.04.070
AS 46.08.070
AS 46.08.075
AS 46.09.020
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 8 - General Provisions › 18 AAC 78.920 - Coordination with related federal, state, and local requirements

Current through May 31, 2024
(a) Nothing in
				this chapter exempts the owner or operator of a UST from meeting any other
				applicable requirement of federal, state, or local law.
(b) For purposes of  40 C.F.R. Part 281, as
				amended through July 15, 2015, if a court determines that a provision of this
				chapter is inconsistent with its corresponding provision in federal law under
				 40 C.F.R. Part 280, as amended through July 15, 2015, then the corresponding
				federal provision prevails.
As of Register 179 (October 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney made a technical revision to the authority citation
					 following 18 AAC 78.920. This change reflects the enactment of sec. 2, ch. 102,
					 SLA 2006, effective August 5, 2006, which repealed
					 AS
					 46.03.360.
Authority:
AS
					 46.03.020
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 8 - General Provisions › 18 AAC 78.930 - Waivers or modifications

Current through May 31, 2024
(a) Except as
				provided in (b) of this section, and if the department determines that a waiver
				or modification will be protective of human health and safety, and of the
				environment, the department will waive or modify the site characterization,
				site assessment, investigation, corrective action, or cleanup level provisions
				of this chapter based on a review of release quantity and quality, soil and
				groundwater conditions, surface waters and topography, geology, water and land
				uses, construction methods and materials, and any other environmental factor
				important to the evaluation. A person seeking a waiver or modification of a
				provision of this chapter under this section shall submit a written report to
				justify the request, and to demonstrate that the waiver or modification is
				protective of human health and safety, and of the environment. A qualified
				environmental professional shall prepare and sign the report submitted under
				this section.
(b) For purposes of
				this chapter, the department will waive on a site-specific basis the
				requirement in
				18 AAC 78.088(b)(1) that a qualified
				environmental professional be an impartial third party or the requirement in
				18 AAC 78.088(c)(1) that a qualified sampler
				be an impartial third party if
(1) a person
(A) who seeks a waiver from
				18 AAC 78.088(b)(1) demonstrates that work
				performed will be conducted or supervised by an objective individual who meets
				the requirements of
				18 AAC 78.088(b)(2) - (5);
(B) who seeks a waiver from
				18 AAC 78.088(c)(1) demonstrates that work
				performed will be conducted or supervised by an objective individual who meets
				the requirements of
				18 AAC 78.088(c)(2) - (5); and
(C) submits
(i) a written request for a waiver;
(ii) the resume or the person qualified to
				conduct or supervise the work to be performed, showing relevant education,
				vocational training, related work experience, and any special training,
				license, certificate, or registration held by that person; and
(iii) a description of the supervisory and
				organizational structure related to the person identified in (ii) of this
				subparagraph; and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 8 - General Provisions › 18 AAC 78.940 - Enforcement

Current through May 31, 2024
The department will, in its discretion, take enforcement
				  action in response to a violation of this chapter, using the compliance
				  procedures at 18 AAC 95. Nothing in this section precludes the department from
				  taking other appropriate action under
				  AS
				  46.03.758,
				  46.03.760,
				  46.03.765,
				  46.03.790, or other applicable
				  law. The department will, in its discretion, suspend or revoke an approval
				  issued under this chapter as a means of enforcing the provisions of this
				  chapter.
Authority:
AS
					 46.03.020
AS 46.03.365
AS 46.03.758
AS 46.03.760
AS 46.03.765
AS 46.03.790
AS
					 46.03.850
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 8 - General Provisions › 18 AAC 78.950 - Dispute resolution (Deleted)

Current through May 31, 2024
As of Register 179 (October 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney deleted
					 18 AAC 78.950. This change
					 reflects the enactment of sec. 2, ch. 102, SLA 2006, effective August 5, 2006,
					 which repealed statutes establishing the Board of Storage Tank Assistance,
					 underground storage tank revolving loan fund, and tank cleanup loan program.
					 Section 3, ch. 102, SLA 2006 annulled regulations made obsolete by those
					 repeals.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 8 - General Provisions › 18 AAC 78.960 - Appeals

Current through May 31, 2024
Any person who is aggrieved by a department decision
				  regarding issuance, denial, suspension, or revocation of an approval or
				  certification under this chapter may request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.
Authority:
AS 46.03.020
AS 46.03.365
AS 46.03.880
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 8 - General Provisions › 18 AAC 78.995 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in this chapter or in
				  AS
				  46.03.365 -
				  AS
				  46.03.450
(1) "aboveground release" means a release to
				the surface of the land or to surface water, including a release from the
				aboveground portion of a UST, and an aboveground release associated with
				overfills or transfer operations as the petroleum moves to or from a
				UST;
(2) "accuracy" means the
				degree of agreement between an analytical result and the true value;
(3) "airport hydrant fuel distribution
				system" or "airport hydrant system" means a UST that fuels aircraft and
				operates under high pressure with large diameter piping that typically
				terminates into one or more hydrants or fill stands; the airport hydrant system
				begins where fuel enters one or more tanks from an external source, such as a
				pipeline, barge, rail car, or other motor fuel carrier
(4) "alkane range" means a group of saturated
				open-chain hydrocarbons that have the general formula CnH2n+2;
(5) "analytical method" means a set of
				written instructions that define procedures to be followed by an analyst to
				obtain the required result;
(6)
				"ancillary equipment" has the meaning given that term in the definition for
				"underground petroleum storage tank system" in
				AS
				46.03.450;
(7) "applicant" means a person who has
				applied for certification, approval, or assistance under this
				chapter;
(8) "approval" means
				written approval by the department;
(9) "approved" means approved in writing by
				the department;
(10) repealed
				9/27/2018;
(11) "before beginning
				work" means before a change, upgrade, addition, or removal of any part of a
				UST, including associated equipment and material surrounding the UST, or before
				a change-in-service;
(12)
				"belowground release" means a release of petroleum to the subsurface of the
				land or to groundwater, including a release from the belowground portion of a
				UST, and a belowground release associated with an overfill or transfer
				operation as the petroleum moves to or from a UST;
(13) "beneath the surface of the ground," as
				that term is used in the definition of "underground storage tank" in
				AS
				46.03.450, means overspread with earthen
				materials;
(14) "bioremediation"
				means a remediation method that decreases the concentration of a contaminant in
				soil through biological action;
(15) deleted;
(16) "BTEX" means benzene, toluene,
				ethylbenzene, and total xylenes;
(17) "carcinogen" means
(A) a substance that is expected to cause
				cancer in nonhuman life; or
(B) for
				human health purposes, a substance that meets the criteria of a Group A or
				Group B carcinogen according to EPA's Guidelines for Carcinogen Risk
				Assessment, 51 Fed. Reg. 33992, 33999 - 34000 (Sept. 24, 1986), adopted by
				reference;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 79 - Illegal Drug Manufacturing Sites › 18 AAC 79.010 - Notice of illegal drug manufacturing site; list of properties

Current through May 31, 2024
(a) When the
			 department receives notice from a law enforcement agency of an illegal drug
			 manufacturing site under
			 AS
			 46.03.500, the department will provide that
			 law enforcement agency with
(1) a copy of the
			 department's
Guidance and Standards for Cleanup of Illegal Drug
			 Manufacturing Sites,
revised as of April 19, 2007 and adopted by
			 reference; and
(2) a copy of the
			 list of laboratories for sampling and testing illegal drug manufacturing sites
			 required under
			 AS
			 46.03.520.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 79 - Illegal Drug Manufacturing Sites › 18 AAC 79.020 - Sampling and testing procedures

Current through May 31, 2024
Procedures for sampling and testing of illegal drug
				manufacturing sites under
				AS
				46.03.520(b) are provided in
				Part 4 of the department's
Guidance and Standards for Cleanup of
				Illegal Drug Manufacturing Sites,
adopted by reference in 18 AAC 79.0
				10.
Authority:
AS
				  46.03.500
AS 46.03.520
AS
				  46.03.570
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 79 - Illegal Drug Manufacturing Sites › 18 AAC 79.030 - Fitness standards

Current through May 31, 2024
Cleanup standards for determining whether an illegal drug
				manufacturing site is fit for use under
				AS
				46.03.530 are provided in Part 2 of the
				department's
Guidance and Standards for Cleanup of Illegal Drug
				Manufacturing Sites,
adopted by reference in
				18 AAC 79.010.
Authority:
AS
				  46.03.500
AS 46.03.530
AS 46.03.550
AS
				  46.03.570
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 79 - Illegal Drug Manufacturing Sites › 18 AAC 79.040 - Decontamination procedures

Current through May 31, 2024
Procedures for decontaminating illegal drug manufacturing sites
				under AS
				46.03.540 are provided in Part 3 of the
				department's
Guidance and Standards for Cleanup of Illegal Drug
				Manufacturing Sites,
adopted by reference in
				18 AAC 79.010.
Authority:
AS
				  46.03.500
AS 46.03.540
AS
				  46.03.570
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 79 - Illegal Drug Manufacturing Sites › 18 AAC 79.050 - Laboratory reports

Current through May 31, 2024
The department may require the laboratory to provide analytical
				reports to the department to support the owner's certification submitted under
				18 AAC 79.010(b).
Authority:
AS
				  46.03.500
AS 46.03.520
AS
				  46.03.570
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 1 - General Drinking Water Requirements › 18 AAC 80.005 - Purpose and applicability

Current through May 31, 2024
(a) The purpose of
				this chapter is to protect public health and safety by establishing
(1) standards for the design, construction,
				maintenance, and operation of a public water system; and
(2) contaminant monitoring requirements for
				drinking water provided by a public water system.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 1 - General Drinking Water Requirements › 18 AAC 80.007 - Certified operator requirements

Current through May 31, 2024
The following public water systems must be actively
				  supervised as described in
				  18 AAC 74.010 and
				  18 AAC 74.410 by operators who are
				  certified in accordance with AS 46.30 and 18 AAC 74:
(1) all community water systems and
				non-transient non-community water systems;
(2) a transient non-community water system
				that uses a surface water or GWUDISW source; and
(3) a transient non-community water system
				that uses only a groundwater source and meets the criteria set out in
				18 AAC 74.006(7).
Authority:
AS
					 46.03.020
AS 46.03.050
AS 46.03.710
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 1 - General Drinking Water Requirements › 18 AAC 80.015 - Well protection, source water protection, and well decommissioning

Current through May 31, 2024
(a) A person may not
(1) cause pollution or contamination to enter
				a public water system; or
(2)
				create or maintain a condition that has a significant potential to cause or
				allow the pollution or contamination of a public water system.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 1 - General Drinking Water Requirements › 18 AAC 80.025 - Cross-connections prohibited and backflow protection

Current through May 31, 2024
(a) A person may
				not construct, install, or use of a cross-connection in a public water system,
				or allow a water system that contains a cross-connection to connect to a public
				water system.
(b) If the department
				determines that a facility has the potential to contaminate a public water
				system through backflow, the owner of the public water system shall install,
				maintain, and test on the water service line to and at other locations in that
				facility, a backflow prevention device that conforms to ANSI/AWWA Standards
				C510-97,
Double Check Valve Backflow Prevention Assembly,
or
				C511-97,
Reduced-Pressure Principle Backflow Prevention
				Assembly,
adopted by reference in
				18 AAC 80.010(b).
				The owner of the public water system may delegate the installation,
				maintenance, and testing of the backflow prevention device to the operator of
				the facility that poses the risk. This delegation does not relieve the owner of
				the public water system of the responsibility to install, maintain, and test
				the backflow prevention device.
Information about how to review or obtain reference
					 materials referred to in this section is in the editor's note to
					 18 AAC 80.010.
Authority:
AS
					 46.03.020
AS 46.03.050
AS 46.03.070
AS 46.03.710
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 1 - General Drinking Water Requirements › 18 AAC 80.030 - Chemical additives and materials

Current through May 31, 2024
(a) Direct
				additives for water treatment may be used on a public water system only if they
				are certified for that application in NSF/ANSI Standard 60:
Drinking
				Water Chemicals - Health Effects
, adopted by reference in
				18 AAC 80.010(b).
(b) Only the following material
				may be used in contact with drinking water in a public water system:
(1) material that is certified for the
				particular drink water contact application under
(A) NSF/ANSI Standard 53:
Drinking Water Treatment Units -
				Health Effects
, adopted by reference in
				18 AAC 80.010(b);
(B) NSF/ANSI Standard 61:
Drinking Water System Components - Health Effects
, including
				the Addendum to NSF/ANSI Standard 61, both adopted by reference in
				18 AAC 80.010(b);
(C) NSF/ANSI Standard 372:
Drinking Water System Components - Lead Content
, adopted by
				reference in
				18 AAC 80.010(b);
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 1 - General Drinking Water Requirements › 18 AAC 80.035 - Disinfection of water from a source other than surface water, GWUDISW, or groundwater

Current through May 31, 2024
(a) This section applies to a public water
				system that
(1) is a water hauler;
(2) is a seawater system; or
(3) has any other source of water that is not
				classified as surface water, GWUDISW, or groundwater.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 1 - General Drinking Water Requirements › 18 AAC 80.045 - Treatment techniques for acrylamide and epichlorohydrin

Current through May 31, 2024
(a) If acrylamide
				or epichlorohydrin, either separately or in combination, is used in a public
				water system, the owner shall annually certify to the department in writing
				that the amount of acrylamide and epichlorohydrin at the dose and monomer level
				does not exceed the following percentages:
(1) for acrylamide, 0.05 percent dosed at 1
				ppm, or equivalent;
(2) for
				epichlorohydrin, 0.01 percent dosed at 20 ppm, or equivalent.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 1 - General Drinking Water Requirements › 18 AAC 80.050 - Deficiencies, sanitary defects, and corrective actions

Current through May 31, 2024
(a) Without
				requiring a corrective action plan, the department may require corrective
				action
(1) as provided under another
				provision of this chapter; or
(2)
				to prevent or remedy a deficiency or sanitary defects that does not directly or
				indirectly cause, or have the potential to cause, a risk to public
				health.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 1 - General Drinking Water Requirements › 18 AAC 80.055 - Public water system emergency preparedness requirements

Current through May 31, 2024
(a) The owner or authorized representative of
				a community water system serving 1,000 or more individuals or a non-transient
				non-community water system serving 1,000 or more individuals shall
(1) complete a security vulnerability
				assessment;
(2) prepare a written
				emergency response plan; and
(3)
				review and update the emergency response plan for submittal to the department
				as required under (h) of this section.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 1 - General Drinking Water Requirements › 18 AAC 80.057 - Notifying the department of an emergency

Current through May 31, 2024
The owner or operator of a community water system,
				  non-transient non-community water system, or transient non-community water
				  system shall report an emergency to the department, by telephone or electronic
				  mail, as soon as possible but not later than 24 hours after the emergency is
				  known to the owner or operator, including situations in which
(1) the lack of operation results in
				inadequate treatment;
(2) an event
				occurs that threatens the public health or water quality;
(3) the water treatment works floods;
				or
(4) any part of the water
				treatment works is bypassed during equipment breakdown.
Authority:
AS
					 46.03.020
AS
					 46.03.050
AS
					 46.03.710
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 2 - Public Water System Review and Approval Requirements › 18 AAC 80.200 - System classification and plan approval

Current through May 31, 2024
(a) The
				department will classify each public water system as a community water system,
				non-transient non-community water system, or transient non-community water
				system, based on information
(1) submitted by
				the owner of the system; and
(2)
				compiled by the department.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 2 - Public Water System Review and Approval Requirements › 18 AAC 80.205 - Engineering plans

Current through May 31, 2024
(a) Engineering plans submitted for approval
				under 18 AAC 80.200 must include
(1) a completed application, on a current
				form provided by the department;
(2) construction drawings and specifications
				for
(A) the water source;
(B) storage;
(C) the master meter;
(D) the distribution system;
(E) the water treatment works; and
(F) related structures, including well
				houses, treatment plant buildings, and pump stations;
(3) plans and profiles of the water mains, as
				applicable;
(4) design criteria,
				calculations, and flow analysis computations for water demand, storage tank
				sizing, distribution main sizing, pump sizing, and other components of the new
				public water system if requested by the department to ensure that the design is
				adequate; and
(5) a specification
				that at least 20 psi of service pressure at the highest elevation or pressure
				zone of a distribution main be maintained under peak design demand.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 2 - Public Water System Review and Approval Requirements › 18 AAC 80.207 - Capacity

Current through May 31, 2024
(a) The department will not issue an approval
				to construct a new community water system or non-transient non-community water
				systems under
				18 AAC 80.210 unless the
				department determines, based on the information provided under (b) - (d) of
				this section, that the community water system or non-transient non-community
				water system has the managerial, financial, and technical capacity to operate
				in compliance with  40 C.F.R. 141  and this chapter.
(b) The department will base a determination
				of technical capacity upon the capability of the public water system to
				consistently produce and deliver water in compliance with this chapter. To
				assess that capability, the department will examine
(1) the physical infrastructure of the
				system, including the adequacy of
(A) the
				source water; and
(B)
				infrastructure components, including
(i)
				treatment;
(ii) storage;
(iii) distribution;
(iv) pumps, pump facilities, and controls;
				and
(v) a master meter as described
				in 18 AAC 80.235;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 2 - Public Water System Review and Approval Requirements › 18 AAC 80.210 - Department review; post-approval procedures

Current through May 31, 2024
(a) The department
				will issue its approval or denial to construct a community water system,
				non-transient non-community water system, or transient non-community water
				system within 30 days after the department receives all of the plans and
				information required by this chapter. If the submittals are deficient, the
				department will notify the owner that additional information is
				needed.
(b) Failure of the
				department to issue an approval or denial to construct within 30 days does not
				constitute automatic approval of the plans.
(c) If the department grants an approval to
				construct for a set of plans and specifications, the department will
(1) sign the construction portion of a
				construction and operation certificate for public water systems;
(2) send a copy of the certificate, as signed
				under (1) of this subsection, to the owner of the public water system;
				and
(3) assign the public water
				system an identification number.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 2 - Public Water System Review and Approval Requirements › 18 AAC 80.215 - Revocation of approval

Current through May 31, 2024
(a) The department will revoke an approval
				issued under
				18 AAC 80.210 if
(1) the owner fails to comply with the
				procedures set out in
				18 AAC 80.210; and
(2) the department determines that revocation
				is necessary to protect the public health.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 2 - Public Water System Review and Approval Requirements › 18 AAC 80.220 - Vehicle used to distribute potable water

Current through May 31, 2024
(a) The owner of a
				public water system that uses a vehicle to distribute potable water shall
				submit the plans and specifications required under
				18 AAC 80.200 -
				18 AAC 80.205 for each vehicle to
				the department before using the vehicle to distribute potable water. As the
				department determines necessary to serve the interests of public health, the
				department will require that the plans and specifications be signed and sealed
				by a registered engineer.
(b) After
				receiving plans and specifications required under
				18 AAC 80.200 -
				18 AAC 80.205, and if the
				department determines that an onsite inspection is necessary to serve the
				interests of public health, the department will require that the owner make the
				vehicle available for onsite inspection, and will inspect the vehicle no later
				than 30 days after receiving notice that the vehicle is available for
				inspection. The owner shall pay the fee required by
				18 AAC 80.1910(a) (1) for an inspection conducted under this
				subsection.
(c) After the
				department approves the plans and specifications under
				18 AAC 80.210, and after a vehicle
				passes an inspection, if required under (b) of this section, the department
				will grant final approval to operate under
				18 AAC 80.210(k).
(d) An approval to operate under this section
				does not relieve the owner of the responsibility to operate and maintain the
				vehicle in compliance with this chapter.
(e) The owner shall conspicuously mark a
				vehicle used to distribute potable water "POTABLE WATER ONLY."
Authority:
AS
					 46.03.020
AS 46.03.050
AS 46.03.710
AS 46.03.720
AS
					 46.03.761
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 2 - Public Water System Review and Approval Requirements › 18 AAC 80.225 - Application to demonstrate an innovative technology or device

Current through May 31, 2024
(a) The
				department will approve an application to demonstrate an innovative technology
				or device at a public water system if the
(1)
				purpose of a demonstration is to
(A) assure
				that the innovative technology or device meets the necessary safety and
				performance standards of this chapter; and
(B) allow the innovative technology or device
				to be field-tested in this state without plan review under
				18 AAC 80.200 -
				18 AAC 80.210 during the
				demonstration period;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 2 - Public Water System Review and Approval Requirements › 18 AAC 80.235 - Master meter

Current through May 31, 2024
The owner of each community water system has until August 19,
				  2009, and the owner of each non-transient non-community water system has until
				  August 19, 2011 to install a master meter to determine water treated,
				  distributed, and wasted as part of a treatment process.
Authority:
AS
					 46.03.020
AS 46.03.050
AS 46.03.070
AS 46.03.710
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 3 - Standards, Monitoring, Variances, and Exemptions › 18 AAC 80.300 - Maximum contaminant levels (MCLs)

Current through May 31, 2024
(a)
General
				requirement.
Subject to a variance issued under
				18 AAC 80.370, a variance issued
				under 18 AAC 80.371, or an exemption
				granted under
				18 AAC 80.375, the owner or
				operator of a public water system may not cause or allow the use of water from
				that system for human consumption if the water contains, or has a significant
				potential for containing
(1) a contaminant in
				a concentration that exceeds a primary maximum contaminant level (MCL) set
				under (b) of this section; or
(2) a
				contaminant other than one described in (1) of this subsection, if the
				department determines that the concentration of that contaminant is high enough
				to make the water a hazard to human health.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 3 - Standards, Monitoring, Variances, and Exemptions › 18 AAC 80.302 - Maximum residual disinfectant levels (MRDL)

Current through May 31, 2024
The requirements of
				  40 C.F.R.
				  141.65, adopted by reference in
				  18 AAC 80.010(a),
				  apply to a
(1) community water
				system;
(2) non-transient
				non-community water system; or
(3)
				transient non-community water system using chlorine dioxide as a disinfectant
				or oxidant.
Authority:
AS
					 46.03.020
AS 46.03.050
AS 46.03.070
AS 46.03.710
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 3 - Standards, Monitoring, Variances, and Exemptions › 18 AAC 80.303 - Contaminants with a treatment technique requirement or action level requirement

Current through May 31, 2024
(a) Contaminants that have a treatment
				technique requirement instead of an MCL requirement include Giardia lamblia,
				viruses, heterotrophic plate count bacteria, Legionella, Cryptosporidium, and
				turbidity, as set out in  40 C.F.R. 141.71-141.74, 141.130-141.135, 141.170-141.175, 141.400-141.405, 141.500-141.571, 141.700-141.723, and 141.851-141.861, all adopted by
				reference in
				18 AAC 80.010(a),
				except that for turbidity, a water system seeking approval or approved to avoid
				filtration while using a surface water or a GWUDISW source may be subject to
				the MCL requirements for turbidity set out in
				18 AAC 80.300.
(b) Contaminants that have an action level
				requirement instead of an MCL requirement include lead and copper, as set out
				in 40 C.F.R.
				141.80, adopted by reference in
				18 AAC 80.010(a).
Authority:
AS
					 46.03.020
AS
					 46.03.050
AS
					 46.03.710
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 3 - Standards, Monitoring, Variances, and Exemptions › 18 AAC 80.305 - MCL compliance

Current through May 31, 2024
(a) The department
				will determine MCL compliance based on analytical results and other information
				compiled by the department.
(b) The
				requirements for complying with the MCLs for inorganic chemicals are set out in
				40 C.F.R.
				141.23(i), adopted by
				reference in
				18 AAC 80.010(a).
(c) The requirements for complying with the
				MCLs for organic chemicals are set out in
				40 C.F.R.
				141.24(f) and (h), adopted
				by reference in
				18 AAC 80.010(a).
(d) The requirements for complying with the
				MCLs for disinfection byproducts are set out in
				40 C.F.R.
				141.133(b), adopted by
				reference in
				18 AAC 80.010(a).
(e) The requirements for complying with the
				MCLs for turbidity are set out in
				40 C.F.R.
				141.71(a)(2) and (c),
				141.73(a) -
				(c) ( 2), and
				141.74(a)(1), (b)
				( 2), and (c)(1), adopted by reference in
				18 AAC 80.010(a).
(f) The department will determine compliance
				with the MCL for
Escherichia coli
bacteria,, set under
				18 AAC 80.300(b) (4), in accordance with
				40 C.F.R.
				141.860, adopted by reference in
				18 AAC 80.010(a).
				The determination includes the following as follows:
(1) for each month in which monitoring for
				coliforms is required, compliance will be based on the results of all routine
				and repeat samples that the department does not invalidate under
				18 AAC 80.425;
(2) the department will count repeat samples
				toward the month in which the operator collected the routine sample that
				required the repeat sampling, regardless of the month in which the operator
				actually collected the repeat samples.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 3 - Standards, Monitoring, Variances, and Exemptions › 18 AAC 80.310 - Routine sampling and analysis

Current through May 31, 2024
(a) The owner of a
				community water system, non-transient non-community water system, or transient
				non-community water system shall ensure that routine sampling and analysis of
				the water samples from that system are conducted at points and times in
				compliance with this chapter. The department will require routine sampling at
				particular points and times and at more frequent intervals, if the department
				determines that the sampling serves the interests of the public
				health.
(b) If a public water
				system is contaminated, or at risk of becoming contaminated, by a substance or
				material harmful to human health, the department will direct the owner or
				operator to conduct sampling at particular points and times for that substance
				or material.
(c) Repealed
				2/11/2017.
(d) If a public water
				system provides water to one or more other public water systems, and if the
				department determines that modification is necessary to serve the interests of
				public health, the department will modify the monitoring requirements of this
				chapter by considering the water systems as a single system.
(e) A water hauler shall
(1) obtain water from a public water system
				that is approved by the department under
				18 AAC 80.210 and that has the
				same or higher system classification as the water hauler; and
(2) submit to the department the results of
				one total coliform analyses in accordance with the approved sample siting plan
				under 18 AAC 80.410 for that water haul
				public water system.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 3 - Standards, Monitoring, Variances, and Exemptions › 18 AAC 80.320 - Sampling requirements for synthetic organic chemicals

Current through May 31, 2024
(a) For purposes of
				this section, a GWUDISW source is considered a surface water source.
(b) In addition to the sampling and
				analytical requirements of 40 C.F.R.
				141.24(h), adopted by
				reference in
				18 AAC 80.010(a),
				for determining compliance with the MCLs for the synthetic organic chemicals
				specified in 40 C.F.R.
				141.61(c), adopted by
				reference in
				18 AAC 80.010(a),
				the following requirements apply:
(1) under
				the requirements of 40
				C.F.R. 141.24(h)(5) - (6)
				for a waiver from the monitoring requirements for synthetic organic chemicals,
				the following requirements apply:
(A) the
				owner must apply for the waiver to the department on a form provided by the
				department;
(B) an application for
				a waiver or renewal of a waiver must be accompanied by any fee required by
				18 AAC 80.1910(a) (6);
(C) in addition to evaluating the criteria
				set out in 40 C.F.R.
				141.24(h)(6), the department
				will issue a waiver only if the department determines that a waiver serves the
				interests of public health;
(D)
				based upon new information received, the department will modify or revoke a
				waiver issued under this paragraph, if the department determines that
				modification or revocation serves the interests of public health;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 3 - Standards, Monitoring, Variances, and Exemptions › 18 AAC 80.325 - Volatile organic chemical sampling requirements

Current through May 31, 2024
(a) Under the
				requirements of 40 C.F.R.
				141.24(f), adopted by
				reference in
				18 AAC 80.010(a),
				the department will not allow
(1) a waiver, as
				referenced in 40 C.F.R.
				141.24(f)(7) - (10) and
				(11)(iv), from the monitoring requirements
				for the organic chemicals listed in
				40 C.F.R.
				141.61(a);
(2) the use of grandfathered samples for
				purposes of initial compliance monitoring, referenced in
				40 C.F.R.
				141.24(f)(18).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 3 - Standards, Monitoring, Variances, and Exemptions › 18 AAC 80.330 - Inorganic and organic chemicals: additional analyses after MCL exceedance

Current through May 31, 2024
If the results of a routine inorganic or organic chemical
				  analysis required under
				  18 AAC 80.310 -
				  18 AAC 80.325 exceed an MCL set by
				  18 AAC 80.300(b),
				  additional analyses of samples must be performed according to a schedule set by
				  the department.
Authority:
AS
					 46.03.020
AS 46.03.050
AS 46.03.070
AS 46.03.710
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 3 - Standards, Monitoring, Variances, and Exemptions › 18 AAC 80.335 - Radioactive contaminants

Current through May 31, 2024
Radioactive contaminant monitoring requirements for gross
				  alpha particle activity, radium-226, and radium-228 must be performed in
				  compliance with 40 C.F.R.
				  141.26, adopted by reference in
				  18 AAC 80.010(a).
Authority:
AS
					 46.03.020
AS 46.03.050
AS 46.03.070
AS 46.03.710
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 3 - Standards, Monitoring, Variances, and Exemptions › 18 AAC 80.350 - Variance for sample holding time for coliform bacteria samples taken in certain remote sites

Current through May 31, 2024
(a) Instead of complying with the 30-hour
				maximum holding time for a coliform bacteria sample set in EPA's
Manual
				for the Certification of Laboratories Analyzing Drinking Water, Criteria and
				Procedures Quality Assurance,
adopted by reference in
				18 AAC 80.010(b),
				the owner or operator of a public water system at a remote site shall ensure
				that coliform bacteria samples, collected as required by this chapter, are
				delivered to and analyzed by a certified laboratory within 48 hours after
				collection.
(b) A laboratory
				subject to this chapter may not accept for analysis a sample that has been held
				longer than the maximum holding times established in (a) of this section or in
				EPA's
Manual for the Certification of Laboratories Analyzing Drinking
				Water, Criteria and Procedures Quality Assurance
adopted by reference
				in 18 AAC 80.010(b).
(c) For purposes of (a) of this section, the
				department will determine a site to be remote based on an assessment of factors
				that prevent the delivery of samples to and the analysis of those samples by a
				certified laboratory within 30 hours after collection. Those factors include
				the
(1) distance from the public water system
				to the nearest certified laboratory;
(2) absence of a road connection between the
				public water system and a certified laboratory;
(3) absence of regularly scheduled aircraft
				flights between the public water system and a certified laboratory;
				and
(4) weather conditions that may
				interfere with shipment of samples to a certified laboratory.