Made available by Touch N' Go Systems, Inc., and the
Law Offices of James B. Gottstein.

You can also go to The Alaska Legal Resource Center or search the entire website search.

Touch N' Go,® the DeskTop In-and-Out Board makes your office run smoother. Visit Touch N' Go's Website to see how.
Title 18 . Environmental Conservation
Chapter 76 . Administrative Enforcement
Section 990. Definitions

18 AAC 76.990. Definitions

Unless the context indicates otherwise, in this chapter,

(1) "alternative treatment technologies" means any proven wastewater treatment process or technique that provides for the reclaiming and reuse of water, productive recycling of wastewater constituents, other elimination of the discharge of pollutants, or the recovery of energy;

(2) "building" means the erection, acquisition, alteration, remodeling, improvement, or extension of a project receiving financial assistance under this chapter;

(3) "change order" means a written order to the contractor authorizing an addition, deletion, or revision in the work within the scope of the contract, including any required adjustment in contract price, time, or specifications;

(4) "debt service" means the cost or expense of borrowing money, including the cost of a proposed level of borrowing or an existing debt, usually expressed in terms based on a period of time, such as the amount per year;

(5) "dedicated source of revenue" means revenue pledged by a borrower to repay financial assistance, including refinancing, received under this chapter, or revenue pledged to repay bonded indebtedness if the application is for a bond guarantee under this chapter; "dedicated source of revenue" includes property taxes, sales taxes, state shared revenues, special assessments, connection fees, reserve fund balances, and user fees;

(6) "department" means the Alaska Department of Environmental Conservation;

(7) "director" means the director of the department's division of facility construction and operation;

(8) "disadvantaged system" means a drinking water system that serves or will serve an area that meets the affordability criteria established in the priority list process in 18 AAC 76.220;

(9) "distribution system" means post-treatment storage facilities, conduits, mains, lines, fixtures, pumping stations, or other devices used to carry water to the consumer;

(10) "EPA" means the U.S. Environmental Protection Agency;

(11) "excessive infiltration or inflow" means the amount of infiltration or inflow that can be economically eliminated from a sewer system, as determined in a cost-effective analysis that compares the costs for correcting the infiltration or inflow conditions to the total costs for transportation and treatment of the infiltration or inflow;

(12) "facility" means a facility that is eligible for financial assistance under this chapter;

(13) "force account" means work performed by the borrower with its own employees and equipment;

(14) "generally accepted accounting principles" means fiscal controls and accounting procedures sufficient to assure proper accounting for payments received, disbursements made, and balances remaining, including Generally Accepted Accounting Principles promulgated by the Government Accounting Standards Board and those standards contained in the Government Auditing Standards: 1994 Revision, promulgated by the Comptroller General of the United States;

(15) "infiltration" means water other than wastewater that enters a sewer system from the ground through defective pipes, pipe joints, connections, or manholes;

(16) "inflow" means water other than wastewater that enters a sewer system from roof leaders, drains, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters, surface run-off, street wash waters, or drainage;

(17) "initiation of operation" means the date on which the facility begins operating for the purposes for which it was planned, designed, and built;

(18) "innovative treatment technologies" means a treatment process and technique that has not been fully proven under the circumstances of its contemplated use and that represents a significant advancement over the state of the art in respect to reduction in life-cycle costs or environmental benefits;

(19) "maintenance" means work performed to repair equipment, correct malfunctioning equipment, prevent equipment failure, or replace minor equipment items;

(20) "Municipal Bond Index" means the Merrill Lynch 500 Municipal Bond Index, General Obligations, Sub-Index, States, as published weekly in the Wall Street Journal;

(21) repealed 3/14/2002;

(22) repealed 12/29/2000;

(23) "operation" means control of the unit processes and equipment that make up the collection, treatment and distribution process, including financial and personnel management, records, laboratory control, process control, safety, and emergency operation planning;

(24) "operation and maintenance manual" means a guide for use by a treatment facility operator that includes

(A) design information;

(B) identification of adequate financial and personnel resources for proper facility operation;

(C) startup procedures for each unit process and piece of equipment;

(D) monitoring and control information;

(E) a maintenance management system;

(F) a schedule for lubrication, oil, and filter changes;

(G) laboratory tests to monitor and control unit processes;

(H) safety procedures;

(I) troubleshooting procedures; and

(J) an emergency operating plan;

(25) "other qualified entity" has the meaning given in AS 46.03.032 (p);

(26) "preconstruction activities" means activities that will culminate in a construction project, including

(A) engineering, architectural, legal, fiscal, economic, and environmental investigations or studies;

(B) surveys, designs, plans, working drawings, and specifications;

(C) laboratory testing; and

(D) purchase of equipment with long manufacturing or delivery times, if approved by the department;

(27) "project" means the activities or tasks identified in the financial assistance agreement, for which the borrower may expend, obligate, or commit money;

(28) "recreational and open space opportunities" include use of

(A) rights-of-way for recreational trails;

(B) the project roadway for access to natural and historic areas for camping or nature appreciation, or to waterways for canoeing, boating, and fishing;

(C) the project site for sports;

(D) on-site facilities for educational purposes; and

(E) effluent or sludge to improve recreational areas;

(29) "registered engineer" means an engineer registered in Alaska under AS 08.48;

(30) "revenue-producing facilities" means facilities with treatment processes that result in a by-product that is sold to an entity outside the facility, including the sale of methane gas from anaerobic digestion and the sale of effluent or sludge for agricultural purposes and for multiple-purpose projects;

(31) "Safe Drinking Water Act" means 42 U.S.C. 300f - 42 U.S.C. 300j-25 (Safe Drinking Water Act Amendments of 1996);

(32) "solid waste" has the meaning given in AS 46.03.900 ;

(33) "solid waste management facility," as that term is used in AS 46.03.032 (d), means a facility used for the processing, disposal, discharge, deposit, injection, consolidation, or placement of solid waste into or onto the land, and includes transfer stations and sanitary landfills;

(34) "total cost" means, at a minimum, all operation and maintenance expenses, including depreciation, and principal and interest for loan repayments;

(35) "user fee" means a charge levied on a user of a facility for the user's proportionate share of the total cost of the operation of that facility;

(36) "value-engineering" means a cost control technique using a systematic process to identify unnecessarily high costs without sacrificing the reliability of the project;

(37) "variance" means a variance granted to a public water system by the department under 18 AAC 80.370;

(38) "wastewater" means liquid and water waste from residences, commercial buildings, industrial plants, and institutions; "wastewater" includes stormwater;

(39) "wastewater collection system" means pipelines or conduits, pumping stations, forcemains, and any other related structure, device, or application used to conduct wastewater to a wastewater treatment system;

(40) "wastewater treatment system" means a device, structure, or equipment used to treat, neutralize, stabilize, or dispose of wastewater and residuals;

(41) "water collection system" means pipelines or conduits, pumping stations, forcemains, and any other related structure, device, or application used to conduct water to a water treatment system; and

(42) "water treatment system" means the structure and appurtenances, including chemicals feeders, coagulation and sedimentation tanks, filtration devices, ion exchange apparatus, aeration tanks, or other works used to condition, purify, or refine water for human consumption;

(43) "approved" means approved by the department;

(44) "drinking water system" means a system, a device, a structure, or equipment that provides, treats, stores, or distributes drinking water to the public and that is eligible for assistance under AS 46.03.036 .

History: Eff. 8/2/97, Register 143; am 12/29/2000, Register 156; am 3/14/2002, Register 161

Authority: AS 46.03.020

AS 46.03.032

AS 46.03.036

AS 46.03.090

AS 46.03.720


Note to HTML Version:

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.

Last modified 7/05/2006