Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 80 - Drinking Water › Article 12 - Administrative Penalties › 18 AAC 80.1210 - Notice of violation

Current through May 31, 2024
(a) Before assessing an administrative
				penalty under
				18 AAC 80.1200 -
				18 AAC 80.1290, the department
				will provide to the entity, by personal service or by certified mail, return
				receipt requested, a written notice in conformance with
				AS
				46.03.761(b) of the
				violation. The department will send a copy of the notice of violation to the
				governing body of the community or municipality whose residents are served by
				the public water system.
(b) In the
				written notice under (a) of this section, the department will
(1) include each date of the
				violation;
(2) include a
				description of the nature of the violation, and what regulation, order, permit,
				approval, or certificate the entity allegedly violated;
(3) inform the entity of the amount of time
				allowed to correct the violation; the amount of time allowed to correct the
				violation will be based on
(A) the nature of
				the violation;
(B) whether the
				violation poses an immediate threat to the public health; and
(C) the public health risk factors presented
				by the violation;
(4)
				unless the violation poses an immediate threat to the public health, inform the
				entity that the entity may request an extension of each deadline provided in
				the notice of violation, if the entity submits information demonstrating that
				the extension is not sought for purposes of delay, the public health is
				adequately protected, and the required construction or alteration of facilities
				cannot reasonably be completed in the time allowed in the notice of violation;
				and
(5) if the department
				determines that the entity lacks the resources or expertise to obtain technical
				assistance from other sources, include an offer of technical assistance from
				the department to the entity; for purposes of this paragraph, a public water
				system lacks the resources or expertise to get technical assistance from other
				sources if
(A) the public water system is not
				capable of consistently producing and delivering water in compliance with this
				chapter; in making this determination, the department will examine the
(i) adequacy of the source water;
(ii) physical infrastructure adequacy in
				terms of treatment, storage, and distribution; and
(iii) ability of system personnel to operate
				and maintain the system adequately and otherwise implement technical
				knowledge;
(B) the
				public water system does not have the financial resources necessary to hire an
				independent engineer and consistently produce and deliver water in compliance
				with this chapter; in making this determination, the department will examine
				the entity's
(i) revenue
				sufficiency;
(ii) creditworthiness;
				and
(iii) fiscal
				controls;
(C) the entity
				is not capable of providing the management structure necessary for the
				consistent production and delivery of water in compliance with this chapter; in
				making this determination, the department will examine the entity's
(i) ownership accountability;
(ii) staffing;
(iii) organization; and
(iv) means of communication with customers,
				professional service providers, the department, and other regulatory agencies;
				and
(D) the public water
				system is not served by a circuit rider through a regional health corporation
				or the department.