reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 5 - Oil Spill Primary Response Action Contractors and Nontank Vessel Cleanup Contractors, Incident Management Teams, and Response Planning Facilitators › 18 AAC 75.565 - Discharge exercises for streamlined plan contractors and incident management teams

Current through May 31, 2024
(a) The department
				may conduct announced and unannounced discharge exercises to ensure that a
				streamlined plan cleanup contractor or incident management team is adequately
				prepared to act in the event of a spill. No more than two exercises will be
				required for a streamlined plan cleanup contractor in each 12-month period. The
				department will consider other required discharge exercises conducted by the
				streamlined plan cleanup contractor in meeting this requirement. No more than
				two discharge exercises will be required for a streamlined plan incident
				management team in each 12-month period.
(b) The performance of a streamlined plan
				cleanup contractor or incident management team during a discharge exercise will
				be considered inadequate if the streamlined plan cleanup contractor or incident
				management team does not respond in a manner consistent with the minimum
				registration standards of 18 AAC 75.561 and 18 AAC 75.562, as
				applicable.
(c) If the performance
				of a streamlined plan cleanup contractor or incident management team during a
				discharge exercise is considered inadequate under (b) in this section, the
				department may
(1) require additional
				exercises until the department is satisfied that the performance of the
				contractor is adequate; or
(2) take
				enforcement action as described in 18 AAC 75.570.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 5 - Oil Spill Primary Response Action Contractors and Nontank Vessel Cleanup Contractors, Incident Management Teams, and Response Planning Facilitators › 18 AAC 75.570 - Failure to comply

Current through May 31, 2024
(a) If the
				department determines that an oil spill primary response action contractor,
				streamlined plan cleanup contractor, incident management team, or response
				planning facilitator has failed to meet or maintain a minimum registration
				standard identified in 18 AAC 75.560 - 18 AAC 75.570, the department may
				revoke, suspend, or modify the
(1)
				contractor's registration; and
(2)
				department's approval of the oil discharge prevention and contingency plan in
				which that contractor is listed as an oil spill primary response action
				contractor or the streamlined plan in which that contractor is listed as a
				streamlined plan cleanup contractor, streamlined plan incident management team,
				or response planning facilitator.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 5 - Oil Spill Primary Response Action Contractors and Nontank Vessel Cleanup Contractors, Incident Management Teams, and Response Planning Facilitators › 18 AAC 75.580 - Voluntary termination of registration

Current through May 31, 2024
Unless the department has taken action under
				  18 AAC 75.570 for failure to
				  comply, a registered oil spill primary response action contractor, streamlined
				  plan cleanup contractor, streamlined plan incident management team, or response
				  planning facilitator may ask the department to terminate registration and to
				  remove that contractor's name from the list required by
				  AS
				  46.04.035(e). A request
				  under this section must be in writing and must be sent to all affected plan
				  holders by certified mail. After the receipt of proof that all affected plan
				  holders have been notified, the request must be submitted to the department
				  with the certificate of registration and proof that all affected plan holders
				  were notified. A request under this section becomes effective on the 30th day
				  after the department receives it as provided in
				  18 AAC 75.451(i)(1)(D),
				  18 AAC 75.531(8)(C),
				  18 AAC 75.532(9)(C), and
				  18 AAC 75.533(6)(C), as applicable.
Authority:
AS
					 46.03.020
AS 46.04.030
AS 46.04.035
AS 46.04.055
AS
					 46.04.070
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 6 - Civil Penalties for Discharge of Petroleum and Petroleum Products and Byproducts › 18 AAC 75.605 - Applicability

Current through May 31, 2024
18 AAC 75.605 -
				  18 AAC 75.670 establish a schedule
				  of civil penalties under
				  AS
				  46.03.758 for the discharge of petroleum and
				  petroleum products and byproducts, other than crude oil. The schedule of civil
				  penalties does not apply to a discharge that is specifically made subject to
				  the provisions of
				  AS
				  46.03.760(a).
Authority:
AS
					 46.03.020
AS
					 46.03.758
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 6 - Civil Penalties for Discharge of Petroleum and Petroleum Products and Byproducts › 18 AAC 75.610 - Freshwater environments

Current through May 31, 2024
(a) For the
				purposes of
				AS
				46.03.758(b)(1)(A),
				freshwater environments with significant aquatic resources are classified as
				follows:
(1) Critical freshwater environments
				include
(A) surface and subsurface water
				supplies that are currently being used or may reasonably be expected to be used
				sometime in the future as a drinking water source based on
(i) water quality characteristics;
(ii) technical feasibility of utilizing the
				water source; and
(iii) population
				growth trends in the immediate area;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 6 - Civil Penalties for Discharge of Petroleum and Petroleum Products and Byproducts › 18 AAC 75.620 - Marine environments

Current through May 31, 2024
(a) For the purposes of
				AS
				46.03.758(b)(1)(B),
				estuarine, intertidal, and saltwater environments are classified as follows:
(1) Critical marine environments include
(A) marine water within the boundaries of
				state game refuges established under
				AS
				16.05.255(1) or AS
				16.20;
(B) marine water within the
				boundaries of fish and game critical habitats established under AS
				16.20;
(C) marine water within the
				boundaries of marine sanctuaries established under
				16 U.S.C.
				1431 -
				16 U.S.C. 1445, as amended through
				July 1, 1991;
(D) marine water
				within the boundaries of areas administered under the National Wildlife Refuge
				System;
(E) marine water within one
				statute mile of the mouth of waters designated under
				AS
				16.05.871(a) as important
				for the spawning, rearing, or migration of anadromous fish;
(F) marine water within one statute mile of a
				seabird colony or marine mammal rookery or hauling ground identified by the
				Alaska Department of Fish and Game under AS 16.20;
(G) high density sea otter habitat identified
				by the Alaska Department of Fish and Game under AS 16.20; and
(H) marine water within the barrier
				island-lagoon ecosystems extending from the Colville River to Canning River,
				and seaward of the Copper River delta; and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 6 - Civil Penalties for Discharge of Petroleum and Petroleum Products and Byproducts › 18 AAC 75.630 - Public land environments

Current through May 31, 2024
(a) For the
				purposes of
				AS
				46.03.758(b)(1)(C), public
				land is classified as follows:
(1) Critical
				terrestrial environments include
(A) state
				game reserve areas, refuges, and sanctuaries established under
				AS
				16.05.255(1) or AS
				16.020;
(B) state parks,
				campgrounds, and waysides;
(C)
				municipal parks and park reserves;
(D) national parks, preserves, wilderness
				areas, monuments, recreation areas or other National Park System units, and
				lands administered under the National Wildlife Refuge System;
(E) established campgrounds, scenic waysides,
				and picnic areas; and
(F) national
				historical landmarks;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 6 - Civil Penalties for Discharge of Petroleum and Petroleum Products and Byproducts › 18 AAC 75.640 - Toxicity of petroleum and petroleum products and byproducts

Current through May 31, 2024
For the purposes of
				  AS
				  46.03.758(d), the toxicity
				  of petroleum and petroleum products and byproducts is as follows:
(1) highly toxic:
(A) numbers 1, 2, and Arctic diesel fuel and
				heating oil;
(B) jet aviation fuels
				A and B;
(C) motor gasoline,
				including aviation gasoline;
(D)
				kerosene; and
(E) stationary
				turbine fuels;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 6 - Civil Penalties for Discharge of Petroleum and Petroleum Products and Byproducts › 18 AAC 75.650 - Degradability of petroleum and petroleum products and byproducts

Current through May 31, 2024
For the purposes of
				  AS
				  46.03.758(d), the
				  degradability of petroleum and petroleum products and byproducts is as
				  follows:
(1) low degradability:
(A) asphalt;
(B) tar;
(C) bunker and residual fuel oils;
				and
(D) other petroleum and
				petroleum products and byproducts not otherwise listed in (2) or (3) of this
				section;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 6 - Civil Penalties for Discharge of Petroleum and Petroleum Products and Byproducts › 18 AAC 75.660 - Dispersibility of petroleum and petroleum products and byproducts

Current through May 31, 2024
For the purposes of
				  AS
				  46.03.758(d), the
				  dispersibility of petroleum and petroleum products and byproducts is as
				  follows:
(1) highly dispersible:
(A) motor gasoline, including aviation
				gasoline;
(B) all jet
				fuels;
(C) kerosene;
(D) numbers 1, 2, and Arctic diesel fuel and
				heating oil;
(E) hydraulic fluids;
				and
(F) stationary turbine
				fuels;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 6 - Civil Penalties for Discharge of Petroleum and Petroleum Products and Byproducts › 18 AAC 75.670 - Schedule of civil penalties

Current through May 31, 2024
The schedule of civil penalties for which a person may be
				  held liable under
				  AS
				  46.03.758(e) is established
				  as follows:
(1) The base civil penalty
				for a discharge into a receiving environment is as follows:
Receiving Environment Freshwater Marine Public Land Critical
				  environments $10.00 $2.50 $1.00 Very sensitive environments N/A N/A $0.95
				  Sensitive environments $9.00 $2.25 $0.90 Environments without significant
				  resources $1.00 $1.00 $0.70
(2) Toxicity, degradability, and dispersibility factors are as
				follows: Factor
(A) toxicity
(i) highly toxic1.0
(ii) moderately toxic 0.75
(iii) less toxic 0.50
(iv) relatively nontoxic
				0.25
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 7 - Surface Oiling › 18 AAC 75.700 - Surface oiling permit

Current through May 31, 2024
(a) No person may discharge, cause to be
				discharged, or permit the discharge of oil, asphalt, bitumen, or a residuary
				product of petroleum onto the land of the state unless that person has been
				issued a surface oiling permit under
				18 AAC 75.730.
(b) An application for a surface oiling
				permit
(1) is subject to the requirements of
				18 AAC 15;
(2) must be made on
				forms supplied by the department; and
(3) must contain information considered
				necessary by the department.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 7 - Surface Oiling › 18 AAC 75.710 - Exemption from surface oiling permit

Current through May 31, 2024
A person who proposes to construct one or more of the
				  following types of surfaces is not required to obtain a surface oiling permit
				  under this chapter, but shall ensure that construction of the surface does not
				  result in pollution of land or waters of the state:
(1) a bituminous treatment surface that
				includes a surface constructed by sweeping the surface, applying a priming
				material, applying a bituminous body coat, and spreading a blotter or cover of
				mineral aggregate;
(2) a road-mix
				bituminous surface for which the mineral aggregate and the bituminous material
				are mixed directly in the surface;
(3) a plant-mixed bituminous surface for
				which the mineral aggregate and the bituminous material are thoroughly mixed at
				a suitable plant and then deposited on the surface;
(4) a bituminous macadam surface with a
				wearing course composed of broken stone aggregate of relatively coarse size and
				a bituminous material that is forced by penetration into the interstices of the
				stone after the stone has been compacted on the base; and
(5) a bituminous concrete or sheet asphalt
				surface with a wearing course composed of a bituminous mixture prepared in a
				stationary plant under close control of temperature, moisture content, and
				mixture composition.
Authority:
AS
					 46.03.020
AS
					 46.03.740
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 7 - Surface Oiling › 18 AAC 75.720 - Prohibitions

Current through May 31, 2024
(a) The use of oil for surface oiling or as a
				dust suppressant is prohibited if the oil contains any of the following
				components in the concentrations indicated:
(1) polychlorinated biphenyls (PCBs) in any
				detectable concentration;
(2) total
				volatile aromatics in 5000 parts per million by weight or greater;
(3) total halogenated volatile organics in
				100 parts per million by weight or greater; or
(4) lead in 300 parts per million by weight
				or greater.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 7 - Surface Oiling › 18 AAC 75.730 - Decision on application for surface oiling permit; permit term and conditions

Current through May 31, 2024
(a) The department will, in its discretion,
				grant or deny an application submitted under
				18 AAC 75.700. The department will
				consider the following criteria before issuing a decision under this section:
(1) the potential for pollution of adjacent
				waters, including groundwater;
(2)
				the potential for pollution of vegetation;
(3) the need for the oiling, including local
				public opinion, and considerations of air quality as addressed by 18 AAC
				50;
(4) the predicted weather
				conditions for the time of the oiling; and
(5) effects on the environment.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 8 - Oil Discharge for Scientific Purposes › 18 AAC 75.800 - Permit for oil discharge for scientific purposes

Current through May 31, 2024
Notwithstanding
				  18 AAC 70.020,
				  18 AAC 72.010, and
				  18 AAC 75.700 -
				  18 AAC 75.730, the department
				  will, in its discretion, issue a permit for the discharge of oil, asphalt,
				  bitumen, or a residuary product of petroleum onto the land or into state waters
				  for research and scientific purposes. The department will issue a permit under
				  this section only after it has evaluated the proposed project and found
				  that
(1) the benefits from the
				information that will be developed outweigh the potential environmental damage
				that might result;
(2) the project
				has the written approval of all potentially affected landowners and persons
				with appropriated water rights for the water to be affected;
(3) the person proposing the project will,
				upon completion of the project, restore the environment affected by the project
				to a condition as near to the original condition as feasible;
(4) the person proposing the project has
				sufficient expertise and resources to conduct the project in a responsible
				manner; and
(5) the proposed
				project is otherwise in the public interest.
Authority:
AS
					 46.03.020
AS
					 46.03.740
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 8 - Oil Discharge for Scientific Purposes › 18 AAC 75.810 - Permit procedures

Current through May 31, 2024
(a) An application for a permit under
				18 AAC 75.800 must be made on
				forms supplied by the department. The application must be sent to the
				department at least 60 days before the proposed discharge is to begin. The
				application must include
(1) the name,
				address, and telephone number of the applicant;
(2) a detailed description of the proposed
				project, including plans for restoration;
(3) a description of the geographical area
				involved; and
(4) a description of
				the expected flow pattern of any water to be affected by the project.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 8 - Oil Discharge for Scientific Purposes › 18 AAC 75.820 - Modification of permit

Current through May 31, 2024
The department will, in its discretion, and after giving
				  notice to the permittee, modify the terms and conditions of a permit issued
				  under 18 AAC 75.810 if the department
				  finds that modification is necessary to protect the
				  environment.
Authority:
AS
					 46.03.020
AS
					 46.03.740
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 8 - Oil Discharge for Scientific Purposes › 18 AAC 75.830 - Termination of permit

Current through May 31, 2024
The department will, in its discretion, and after giving
				  notice to the permittee, terminate a permit issued under
				  18 AAC 75.810 if the department
				  finds that
(1) the permit was obtained
				by misrepresentation of a material fact or by failure of the applicant to fully
				disclose the facts;
(2) there has
				been noncompliance with a term or condition of the permit; or
(3) based on information received after
				issuance of the permit, the permit should not have been granted.
Authority:
AS
					 46.03.020
AS
					 46.03.740
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 10 - General Provisions › 18 AAC 75.905 - Falsification prohibited

Current through May 31, 2024
No person may falsely state information submitted under AS
				  46.03, AS 46.04, AS 46.09, or this chapter.
Authority:
AS
					 46.03.020
AS 46.03.790
AS
					 46.04.070
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 10 - General Provisions › 18 AAC 75.990 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in this
				  chapter
(1) "accumulation" means the
				action or process that causes or results in the gradual increase in the
				quantity, concentration, or type of hazardous substance over time;
(2) "approval" means written approval by the
				department;
(3) "approved" means
				approved in writing by the department;
(4) "Arctic zone" means areas north of
				latitude 68° North; and area south of that latitude will be considered an
				"Arctic zone" on a site-specific basis, based on a demonstration that the site
				is underlain by continuous permafrost;
(5) "area of public concern" means a
				geographic area that, in the department's judgment, deserves special protection
				from an oil discharge, including
(A) an area
				of unique cultural value, historical significance, or scenic
				importance;
(B) an area of
				substantial residential or public recreational value or opportunity;
(C) an area where fish hatcheries or other
				facilities primarily dependent upon the use of potentially affected water are
				located;
(D) an area significantly
				used for commercial, sport, or subsistence hunting, fishing, and gathering;
				and
(E) an area where
				concentrations of terrestrial or marine mammals or bird populations primarily
				dependent on the marine environment are located;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 1 - Alaska Clean Water Fund › 18 AAC 76.005 - Purpose

Current through May 31, 2024
The regulations in
				  18 AAC 76.005 -
				  18 AAC 76.100 apply to financial
				  assistance from the Alaska clean water fund, a federally-sponsored fund
				  authorized by 33 U.S.C.
				  1381 -
				  33 U.S.C. 1387 (Title VI, Clean
				  Water Act) and created by
				  AS
				  46.03.032(a). Financial
				  assistance from the Alaska clean water fund is available for the categories of
				  projects listed in
				  AS
				  46.03.032(d)(1).
Authority:
AS
					 46.03.020
AS
					 46.03.032
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 1 - Alaska Clean Water Fund › 18 AAC 76.010 - Eligibility

Current through May 31, 2024
(a) A municipality or other qualified entity
				under AS
				46.03.032 may apply to the department for
				financial assistance from the Alaska clean water fund for a project described
				in AS
				46.03.032.
(b) Repealed 8/2/97.
(c) Project costs eligible for refinancing
				from the Alaska clean water fund are
(1)
				eligible costs listed in (d) of this section, incurred after March 7, 1985, for
				a project that began construction after March 7, 1985 and that was not
				partially financed with a construction grant from the U.S. Environmental
				Protection Agency (EPA); and
(2)
				any portion of a project that was determined to be ineligible for grant funding
				under 33 U.S.C.
				1281-
				33 U.S.C. 1299 (Title II, Clean
				Water Act).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 1 - Alaska Clean Water Fund › 18 AAC 76.020 - Priority list process

Current through May 31, 2024
(a) As part of its intended use plan required
				under 33 U.S.C.
				1386(c), the department will
				establish a proposed project priority list. To receive financial assistance
				from the Alaska clean water fund, a project must be included on the Alaska
				clean water fund priority list developed by the department. Projects will be
				funded in accordance with the priority list, if money is available.
(b) An applicant seeking financial assistance
				from the Alaska clean water fund must first submit a request for priority list
				ranking on a form provided by the department.
(c) The department will review requests for
				priority list ranking using criteria set out in (d) of this section and will,
				at least annually, revise the priority list. The proposed list will be made
				available for a 30-day public comment period. After the public comment period,
				the department may, based on public comments, revise the proposed list. An
				applicant's ranking on the anticipated fundable portion of a priority list is
				valid until the list is revised. An applicant must resubmit a request for
				priority list ranking each time the department proposes a revision to the
				priority list. If an applicant fails to resubmit a request after the department
				proposes a revision to the priority list, the applicant's ranking is subject to
				change or deletion.
(d) The
				department will review projects and rank them in priority funding order using
				the following criteria:
(1) the applicant's
				readiness to initiate the project;
(2) the type of project proposed;
(3) current use of the receiving water that
				the project will benefit;
(4) size
				of the population that will benefit from the project;
(5) public health and environmental hazards
				to be addressed by the project; and
(6) effect of the proposed project on water
				quality.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 1 - Alaska Clean Water Fund › 18 AAC 76.035 - Loan subsidy

Current through May 31, 2024
(a) The department may set out affordability
				criteria in its priority list process under
				18 AAC 76.020, as part of its
				criteria and procedures for distribution of financial assistance.
(b) The department may provide a subsidy to
				an applicant in the form of principal forgiveness, according to the criteria
				and procedures established in the priority list process in
				18 AAC 76.020, if the applicant
				demonstrates that it meets affordability criteria, and if the department has
				included those criteria in the priority list process.
(c) An applicant seeking principal
				forgiveness may apply to the department for a loan subsidy at the time it
				submits its financial assistance application under
				18 AAC 76.030, if the department
				has included affordability criteria in the priority list process.
Authority:
AS
					 46.03.020
AS
					 46.03.032
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 1 - Alaska Clean Water Fund › 18 AAC 76.040 - Environmental review

Current through May 31, 2024
(a) The applicant shall consult with the
				department during facility planning to determine the required level of
				environmental review. The department will notify the applicant of the type of
				environmental documentation that will be required, if any. If required by the
				department, the applicant shall
(1) submit a
				request for categorical exclusion, with supporting documentation as specified
				by the department;
(2) prepare an
				environmental information document in a format specified by the department;
				or
(3) prepare an environmental
				impact statement in a format specified by the department.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 1 - Alaska Clean Water Fund › 18 AAC 76.050 - Ability to repay

Current through May 31, 2024
(a) In deciding whether to approve a request
				for financial assistance from the Alaska clean water fund, the department will
				consider the following factors in evaluating an applicant's ability to repay
				financial assistance, and will require that each factor be documented or
				satisfied before approval is given:
(1)
				certification that any debt service requirement and debt service coverage test
				is expected to be met for the term proposed in the financial assistance
				application;
(2) the applicant's
(A) ability to assess and collect revenues
				for the project;
(B) debt repayment
				history;
(C) current and overall
				structure of debt repayment;
(D)
				revenue bond credit rating, if applicable;
(E) financial statements, if required by the
				department, including a comparison of actual financial performance to adopted
				budgeted operations;
(F) history of
				financial operations;
(G) recent
				levels of the debt retirement, operations, or similar fund balances;
(H) compliance with state and federal
				environmental laws;
(I) levels of
				financial reserves for unforeseen circumstances and prospective judgments from
				litigation;
(J) adherence to
				provisions of past and current debt resolutions; and
(K) capital improvement plan and proposed
				debt issuance program;
(3) a utility rate feasibility study by a
				qualified independent consultant or registered engineer, if required by the
				department;
(4) any litigation or
				threatened litigation that might affect the project or the applicant's ability
				to pay debt service on the financial assistance;
(5) the demand for the proposed project;
				and
(6) demographic and economic
				trends in the proposed service area.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 1 - Alaska Clean Water Fund › 18 AAC 76.060 - Financial assistance conditions

Current through May 31, 2024
(a) The borrower
				shall
(1) establish and pledge one or more
				dedicated sources of revenue for repayment of the financial
				assistance;
(2) award any
				construction contract estimated to equal or exceed $50,000 through a
				competitive bidding process, unless the department approves another procedure;
				a construction contract estimated to be less than $50,000 may be negotiated if
				the department approves the solicitation and negotiation procedures;
(3) submit to the department for review and
				approval
(A) a tabulation of construction
				bids received; and
(B) a copy of
				the construction contract, which must be awarded to the lowest responsive,
				responsible bidder unless this requirement is waived by the
				department;
(4)
				construct a project capable of operating in accordance with the approved plans
				and specifications;
(5) if
				appropriate for the type of project, such as for a wastewater or solid waste
				project, and if required by the department prepare and submit a facility
				operation and maintenance manual that meets department approval;
(6) provide for a user fee system and an
				ordinance that meet department approval, unless this requirement is waived by
				the department;
(7) use accounting,
				audit, and fiscal procedures that conform to generally accepted accounting
				principles, including standards relating to the reporting of infrastructure
				assets;
(8) maintain project
				accounts and records until the project field audit is performed and all audit
				issues are resolved;
(9) ensure
				that contracted wages paid for the construction of the facility conform to the
				prevailing wage rates established for the locality by the United States
				Department of Labor under  40 U.S.C. 276  a - 276a - 5 (Davis-Bacon Act), or by
				the state Department of Labor and Workforce Development under
				AS
				36.05.010, whichever are
				applicable;
(10) require the
				construction contractor to furnish performance and payment bonds in accordance
				with AS
				36.25.010; and
(11) submit change orders to the department
				for approval.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 1 - Alaska Clean Water Fund › 18 AAC 76.070 - Post-construction activities

Current through May 31, 2024
(a) After the
				project is completed, the borrower shall notify the department in writing of
				initiation of operation. The department will then conduct a final on-site
				inspection of the project. Within one year after initiation of operation, the
				department will, in its discretion, conduct an audit of project expenditures.
				If construction is completed except for minor items, and the facility is
				operating, but the borrower has not sent its notice of initiation of operation,
				the department will, in its discretion, assign an initiation of operation date
				and conduct a final on-site inspection.
(b) The borrower shall provide for adequate
				operation and maintenance of the facility and shall retain operating personnel
				as required by 18 AAC 74 to operate the facility.
Authority:
AS
					 46.03.020
AS 46.03.032
AS 46.03.090
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 1 - Alaska Clean Water Fund › 18 AAC 76.085 - Fee rate and payment

Current through May 31, 2024
(a) In the amortization schedule established
				under 18 AAC 76.080 for financial
				assistance provided from the Alaska clean water fund, the department will
				include a fixed fee of one-half of one percent of the total amount of financial
				assistance disbursed.
(b) The
				department will charge the fee specified in (a) of this section on any
				financial assistance payments received on or after December 29, 2000.
Authority:
AS
					 46.03.020
AS 46.03.032
AS 46.03.034
AS
					 46.03.035
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 1 - Alaska Clean Water Fund › 18 AAC 76.086 - Eligibility of expenditures

Current through May 31, 2024
The department will use the fee specified in
				  18 AAC 76.085(a)
				  for
(1) direct department costs,
				including
(A) salaries;
(B) equipment;
(C) travel; and
(D) professional service contracts;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 1 - Alaska Clean Water Fund › 18 AAC 76.090 - Disbursement

Current through May 31, 2024
(a) The department will make payments from
				the Alaska clean water fund based on invoices submitted by the borrower if the
				requirements of
				18 AAC 76.005 -
				18 AAC 76.100 and the financial
				assistance agreement are met.
(b)
				The department will make no more than one payment during any 30-day
				period.
Authority:
AS
					 46.03.020
AS
					 46.03.032
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 1 - Alaska Clean Water Fund › 18 AAC 76.100 - Reconsideration of financial assistance request

Current through May 31, 2024
(a) If the
				department denies a financial assistance request, the applicant may file a
				written request for reconsideration with the director within 30 days after
				receipt of the department's decision.
(b) The director will, in the director's
				discretion, reconsider a request if the applicant
(1) shows that there has been a substantial
				change in the circumstances that led to the denial;
(2) provides relevant information to the
				department that was not available when the denial was made; or
(3) shows that the department's decision
				contains a technical, legal, or administrative error, or a misinterpretation of
				data, the correction of which might reverse the decision.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.200 - Purpose

Current through May 31, 2024
(a) The provisions of
				18 AAC 76.200 -
				18 AAC 76.265 apply to financial
				assistance from the Alaska drinking water fund, a federally-sponsored fund
				authorized by 42 U.S.C.
				300 f -
				42 U.S.C.
				300j-25 (Safe Drinking Water Act), and
				created by
				AS
				46.03.036(a).
(b) Except as otherwise provided by the Safe
				Drinking Water Act, the Alaska drinking water fund may be used only as provided
				in 42 U.S.C.
				300 j - 12(a)(2) for drinking water projects,
				including projects to plan, design, build, construct, or rehabilitate a public
				drinking water collection, storage, treatment, or distribution
				system.
Authority:
AS
					 46.03.020
AS 46.03.036
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.205 - Types of financial assistance

Current through May 31, 2024
(a) The Alaska
				drinking water fund may be used to
(1) make
				loans to drinking water systems eligible for assistance under
				18 AAC 76.210 for eligible
				projects and activities under
				18 AAC 76.215;
(2) buy or refinance the debt obligation of a
				municipality or a combination of municipalities if the debt obligation is
				incurred and construction started after July 1, 1993;
(3) guarantee or purchase insurance for a
				debt obligation, all of the proceeds of which finance an eligible project under
				18 AAC 76.215, if the guarantee or
				purchase would improve the marketability of the obligation or reduce the
				interest rate applicable to the obligation; and
(4) earn interest on the amounts deposited in
				the fund.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.210 - Eligible drinking water systems

Current through May 31, 2024
(a) Except as
				provided in (b) of this section and as limited in (c) of this section, the
				following types of drinking water systems are eligible for financial assistance
				from the Alaska drinking water fund:
(1) a
				drinking water collection, storage, treatment, or distribution
				system;
(2) a drinking water system
				that delivers water by a constructed conveyance other than a pipe, for purposes
				specified in 42 U.S.C.
				300 f(4)(B)(i)(III).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.220 - Priority list process

Current through May 31, 2024
(a) To be eligible for financial assistance
				from the Alaska drinking water fund, a project must be included on the Alaska
				drinking water fund priority list of projects developed by the department.
				Projects will be funded in accordance with the priority list, if money is
				available. As part of its intended use plan required by
				42 U.S.C.
				300 j - 12(b), the department will establish
				a proposed project priority list. The plan and list will be made available for
				public review and comment for at least 30 days. After the public comment period
				on the intended use plan and the project priority list closes, the department
				may, based upon public comment, revise the proposed list. After receiving its
				final priority list ranking, an applicant must resubmit a request under (b) of
				this section each time the department issues a public notice of a proposed
				revision to the project priority list. The deadline for submission of such
				requests will be stated in the public notice. If an applicant fails to resubmit
				a request by the stated deadline, the applicant's ranking is subject to change
				or deletion.
(b) An applicant
				seeking financial assistance from the Alaska drinking water fund must first
				submit a request for a priority list ranking on a form provided by the
				department.
(c) The department will
				review priority list requests and will score the projects, using the following
				criteria:
(1) the eligibility of the system
				under 18 AAC 76.210, including the
				applicant's operations, maintenance, and management capabilities;
(2) the eligibility of the project under
				18 AAC 76.215;
(3) projects that address the most serious
				risk to human health;
(4) projects
				necessary to ensure compliance with the Safe Drinking Water Act and the Alaska
				drinking water regulations, 18 AAC 80; and
(5) projects that assist systems most in need
				of financial assistance that are cost-effective, on a per-household basis,
				according to the affordability criteria established in the priority list
				process under this section.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.225 - Financial assistance application process

Current through May 31, 2024
(a) The department
				will review and approve applications for financial assistance from the Alaska
				drinking water fund according to the criteria set out in
				18 AAC 76.200 -
				18 AAC 76.265.
(b) To apply for financial assistance for
				construction, an applicant shall submit
(1) a
				complete application on forms provided by the department;
(2) a resolution adopted by the applicant's
				governing body that authorizes the application and acceptance of the
				assistance;
(3) a description of
				the proposed project;
(4) an
				analysis of the feasibility of the project, identifying necessary federal and
				state permits and including a cost estimate prepared by a registered engineer;
				the analysis must demonstrate that
(A) the
				selected project is the most cost-effective, feasible alternative studied;
				and
(B) the proposed project will
				not have a significant negative environmental impact, using the criteria and
				standards set out in
				18 AAC 76.235;
(5) documentation of the
				availability of and the commitment to use one or more dedicated sources of
				revenue or adequate security for repayment of the financial
				assistance;
(6) certification that
				a separate account within the applicant's accounting system has been
				established through which financial assistance received from the Alaska
				drinking water fund will be administered;
(7) a financial capability assessment for the
				proposed project, on a form provided by the department, that demonstrates the
				applicant's ability to repay the financial assistance as described in
				18 AAC 76.240 and to operate and
				maintain the completed project;
(8)
				certification from the applicant's attorney that the applicant has the legal
				authority to incur the debt created by the assistance sought and that the
				proposed assistance agreement would be legally enforceable;
(9) plans and specifications for the project,
				prepared and signed by a registered engineer, with a summary of design
				criteria; and
(10) any other
				information that might help demonstrate eligibility for financial assistance,
				if requested by the department.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.230 - Assistance for disadvantaged systems

Current through May 31, 2024
(a) A disadvantaged
				system or a system that expects to become a disadvantaged system as a result of
				a proposed drinking water project may apply to the department for a loan
				subsidy at the time it submits its financial assistance application under
				18 AAC 76.225.
(b) A system is considered disadvantaged if
				the entire area served or to be served by a drinking water system meets the
				affordability criteria established in the priority list process described in
				18 AAC 76.220.
(c) The department may provide a subsidy to a
				disadvantaged system in the form of principal forgiveness, according to the
				procedures and criteria established in the priority list process in
				18 AAC 76.220. As required by
				42 U.S.C.
				300 j - 12(b), the department will include in
				the intended use plan described in
				18 AAC 76.220(a)
				procedures and criteria for a subsidy under this section, including
				affordability criteria.
Authority:
AS
					 46.03.020
AS 46.03.036
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.235 - Environmental review

Current through May 31, 2024
(a) An applicant for financial assistance
				from the Alaska drinking water fund shall consult with the department during
				project planning to determine the required level of environmental review for
				the project. The department will notify the applicant of the type of
				environmental documentation that will be required, if any. If required by the
				department, the applicant shall
(1) submit a
				request for categorical exclusion, with supporting documentation as specified
				by the department;
(2) prepare an
				environmental information document in a format specified by the department;
				or
(3) prepare an environmental
				impact statement in a format specified by the department.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.240 - Ability to repay

Current through May 31, 2024
(a) In deciding whether to approve a request
				for financial assistance from the Alaska drinking water fund, the department
				will consider the following factors in evaluating an applicant's ability to
				repay financial assistance and will require that each factor be documented
				before approval is given:
(1) certification
				that any debt service requirement and debt service coverage test is expected to
				be met for the term proposed in the application;
(2) the applicant's
(A) ability to assess and collect revenues
				for the project and to bring effective sanctions on non-paying
				customers;
(B) debt repayment
				history;
(C) current and overall
				structure of debt repayment;
(D)
				revenue bond credit rating, if applicable;
(E) financial statements, if required by the
				department, including a comparison of actual financial performance to adopted
				budget operations;
(F) history of
				financial operations;
(G) recent
				levels of the debt retirement, operations, or similar fund balances;
(H) compliance with state and federal
				environmental laws;
(I) levels of
				financial reserves for unforeseen circumstances and prospective judgments from
				litigation;
(J) adherence to
				provisions of past and current debt resolutions; and
(K) capital improvement plan and proposed
				debt issuance program;
(3) a utility rate feasibility study by a
				qualified independent consultant or registered engineer, if required by the
				department;
(4) any litigation or
				threatened litigation that might affect the project or the applicant's ability
				to pay debt service on the financial assistance;
(5) the demand for the proposed project;
				and
(6) demographic and economic
				trends in the proposed service area.