- Alaska Statutes.
- Title 46. Water, Air, Energy, and Environmental Conservation
- Chapter 3. Environmental Conservation
- Section 120. Termination or Modification of Waste Management and Disposal Authorization.
previous: Section 110
. Waste Disposal Permit Procedure.
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. Compliance Order. [Repealed, Sec. 19 Ch 220 SLA 1976. For Current Law, See AS 46.03.850
AS 46.03.120. Termination or Modification of Waste Management and Disposal Authorization.
- (a) The department may terminate a permit or other authorization issued under AS 46.03.100
or may rescind a person's authority to dispose of waste in accordance with regulations adopted under AS 46.03.100(b)(3) upon 30 days' written notice if the
- (1) that the permit or other authorization was procured by misrepresentation of material fact or by failure of the
applicant to disclose fully the facts relating to its issuance;
- (2) that there has been a violation of the conditions of the permit or other authorization;
- (3) that there has been a material change in the quantity or type of waste disposed of; or
- (4) for a permit issued under a federally approved program under 33 U.S.C. 1342 (sec. 402, Clean Water Act), that
- (A) a change in any condition of the receiving environment or the quality of discharge requires either a temporary
or permanent reduction of the authorization or elimination of the authorized discharge; or
- (B) the permittee had made a material misrepresentation of fact to the department relevant to the
authorized activity at any time.
- (b) The department may modify a permit or other authorization issued under AS 46.03.100
, or may rescind a person's authority to dispose of waste in accordance with regulations adopted under AS 46.03.100
- (1) for any of the causes for termination listed in (a) of this section;
- (2) if the department finds that a material change in the quality or classification of the waters of the state has
- (3) in the case of a permit issued under a federally approved program under 33 U.S.C. 1342 (sec. 402, Clean Water Act), as provided in regulations
adopted under AS 46.03.020
- (c) Nothing in this section limits the authority of the department to terminate or modify a permit or plan approval under
other circumstances if requested to do so by the permittee or plan holder.
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