18 AAC 34.915. Waiver of requirements

(a) Except for a fee required under 18 AAC 34.900 or 18 AAC 34.905, the department will, in its discretion, waive a requirement of this chapter if the department finds that public health is protected and the purpose of the requirement is otherwise satisfied.

(b) An application for a waiver must be submitted to the department in writing and must

(1) specify the requirement for which the waiver is sought;

(2) state the reason why the requirement cannot be met;

(3) describe the alternative method proposed to meet the purpose of the requirement, and how that method will be equally protective of public health; the applicant shall include any scientific data, academic research, or other information that will assist the department in making its decision; and

(4) include the waiver fee required in 18 AAC 34.900.

(c) The department will grant or deny a waiver application in writing with or without conditions within 30 working days after the department receives the application.

History: Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152

Authority: AS 17.20.005

Editor's note: Effective 12/2/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 34.915, without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 34 from AS 03.05 to AS 17.20.

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