- Alaska Statutes.
- Title 46. Water, Air, Energy, and Environmental Conservation
- Chapter 3. Environmental Conservation
- Section 110. Waste Disposal Permit Procedure.
previous: Section 100
. Waste Management and Disposal Authorization.
next: Section 120
. Termination or Modification of Waste Management and Disposal Authorization.
AS 46.03.110. Waste Disposal Permit Procedure.
- (a) An application for a permit under AS 46.03.100
(b)(1) or (2) or an authorization under AS 46.03.100
(d) shall be made on forms prescribed by the department. Forms must contain the name and address of the applicant, a
description of the applicant's operations, the quantity and type of waste material sought to be disposed of, the
proposed method of disposal, and any other information considered necessary by the department. The applicant may
request that a general permit be issued, or the department may, on its own initiative, propose that an applicant be
authorized under a general permit.
- (b) After receipt of a proper application for an individual or general permit or a determination by the department that a
general permit should be proposed, the department shall publish notice of the application or proposal, or of the
availability of a draft permit for comment, as applicable, in at least two publications of a newspaper of general
circulation within the general area in which the disposal of waste material is proposed to be made. The notice shall
also be posted on the Alaska Online Public Notice System maintained under AS 44.62.175
and may also be published in other appropriate information media. The notice must include a statement that a person
who wants to present views to the department with regard to the application or proposal may do so in writing to the
department within 30 days after the first publication of the notice. The written response entitles the writer to a copy
of the application or draft permit, and, in the case of an application or proposal to issue a general permit, the
application or proposal shall also be posted by the department on the Internet at the same time that notice is
published under this subsection.
- (c) When the department receives an application or makes a proposal that a general permit be issued, the commissioner
shall immediately send copies of the application or proposal to the commissioner of fish and game, the commissioner of
natural resources, the commissioner of commerce, community, and economic development, and the commissioner of health
and social services.
- (d) The department may specify in a permit or other authorization the terms and conditions under which waste material or
water may be disposed of. The terms and conditions shall be directed to avoiding pollution and to otherwise carry out
the policies of this chapter. The commissioner may provide, as a term of a general permit, that a person intending to
dispose of waste material or water under the general permit shall first obtain specific authorization from the
department. A general permit shall be posted on the Internet by the department; the posting must include the names of
persons authorized to make disposals under the permit and the locations at which disposals may be made if those
locations are specifically authorized under this subsection. A permit may not be issued for a term in excess of five
years from the date of issuance. The department may prescribe in regulations the circumstances under which an expiring
permit may be administratively continued.
- (e) If the department has certified a National Pollutant Discharge Elimination System permit under 33 U.S.C. 1341 (sec.
401, Federal Water Pollution Control Act Amendments of 1972), and the United States Environmental Protection Agency has
issued that permit to a person, the department may waive the requirements of this section, and adopt the federal permit
as the permit required under AS 46.03.100
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