Section 46.03.100. Waste management, disposal, and discharge authorization.

   (a) A person may not construct, modify, or operate a sewerage system or treatment works or take any action that results in the disposal or discharge of solid or liquid waste material or heated process or cooling water into the waters or onto the land of the state without prior authorization from the department.
   (b) Prior authorization may be provided by the department, in its discretion, through one or a combination of the following:
        (1) an individual permit issued for a specific facility or disposal activity;
        (2) a general permit issued on a statewide, regional, or other geographical basis for a category of disposal activities that the commissioner, using information available when the permit is developed, determines are similar in nature and will comply with applicable environmental quality standards established under this title;
        (3) regulations adopted by the department authorizing a category of disposal without requiring a permit and establishing specific siting or operational requirements, discharge limits, or best management practices for the disposal category;
        (4) designation and approval of a plan as described under (c) of this section;
        (5) an integrated waste management and disposal authorization as described in (d) of this section.
   (c) The department may require the submission of plans for review and written approval before construction, extension, installation, modification, or operation of a publicly or privately owned or operated sewerage system or treatment works. If the sewerage system or treatment works is designed to prevent disposal from the system or works outside of containment under normal operating conditions, the department may designate that the plan approval constitutes the authorization required under (a) of this section.
   (d) The department may issue an integrated waste management and disposal authorization covering multiple related or unrelated waste management or disposal activities to be conducted at a facility, including generation, treatment, storage, and disposal of solid or liquid waste. An integrated waste management and disposal authorization may include the authorizations in (b) and (c) of this section and a water-quality-related certification required by 33 U.S.C. 1341 for the discharge of dredged or fill materials or of pollutants to surface waters from point sources.
   (e) This section does not apply to
        (1) a person discharging only domestic sewage into a publicly owned treatment works;
        (2) disposals subject to regulation under AS 31.05.030(e)(2);
        (3) injection projects permitted under AS 31.05.030(h);
        (4) discharges of solid or liquid waste material or water discharges from the following activities if the discharge is incidental to the activity and the activity does not produce a discharge from a point source, as that term is defined in regulations adopted under this chapter, into any waters of the United States:
             (A) mineral drilling, trenching, ditching, and similar activities;
             (B) landscaping;
             (C) water well drilling and geophysical drilling; or
             (D) drilling, ditching, trenching, and similar activities associated with facility construction and maintenance or with road or other transportation facility construction and maintenance; however, the exemption provided by this subparagraph does not relieve a person from obtaining a prior authorization under this section if the drilling, ditching, trenching, or similar activity will involve the removal of the groundwater, stormwater, or wastewater runoff that has accumulated and is present at an excavation site for facility, road, or other transportation construction or maintenance and a prior authorization is otherwise required by this section;
        (5) bilge pumping, unless the bilge product pumped may be expected to yield an oily sludge, emulsion, or sheen on the surface of any water of the state;
        (6) cooling water discharges from a boat or vessel into any surface water of the state; or
        (7) the firing or other use of munitions in training activities conducted on active ranges, including active ranges operated by the United States Department of Defense or a United States military agency or service, unless otherwise regulated under 33 U.S.C. 1251 - 1376 (Federal Water Pollution Control Act), as amended.
   (f) A person who applies for an authorization to operate a solid waste disposal facility that accepts hazardous waste or a mining waste disposal facility for an operation that chemically processes ores or has the potential to generate acid shall furnish to the department proof of financial responsibility to manage and close the facility in a manner that the department finds will control or minimize the risk of the release of unauthorized levels of pollutants from the facility to waters. The department may require that a municipal solid waste disposal facility furnish proof of financial responsibility. Proof of financial responsibility may be demonstrated by self-insurance, insurance, surety bond, corporate guarantee, letter of credit, certificate of deposit, or other proof of financial responsibility approved by the department, under regulations adopted by the department. Regulations adopted under this subsection must set financial tests for the acceptance of corporate guarantees and other forms of financial responsibility that the department determines would be required for an independent showing of financial capability. For a mining waste disposal facility, the department may accept as adequate to satisfy the requirement of this subsection financial assurance for reclamation provided to a state or federal land management agency if it otherwise meets the requirements of this subsection. The department's acceptance of proof of financial responsibility under this subsection expires
        (1) one year after its issuance for self-insurance, unless the department accepts a renewal of the same self-insurance demonstration after a financial review under regulations adopted by the department;
        (2) on the effective date of a change in the insurance agreement, surety bond, corporate guarantee, letter of credit, or certificate of deposit;
        (3) on the expiration or cancellation of the insurance agreement, surety bond, corporate guarantee, letter of credit, or certificate of deposit.
   (g) A person who applies for a solid waste disposal authorization under this section, except for an authorization under (b)(2) of this section or an authorization to dispose of municipal solid waste, shall demonstrate to the satisfaction of the department that the applicant has reasonably considered all solid waste management options and that the authorization would be consistent with the practices and priorities established under AS 46.06.021.
   (h) The program developed to issue permits by the department to authorize discharge of pollutants into surface waters and submitted to the United States Environmental Protection Agency for approval under 33 U.S.C. 1342 (sec. 402, Clean Water Act) shall include the monitoring and reporting requirements included in the permits, limited to those requirements authorized by law, including 33 U.S.C. 1318 (sec. 308, Clean Water Act), and any legal settlements, and those necessary to ascertain compliance with the effluent limitations contained in the permit and with state water quality standards.
   (i) A person who applies for a permit under the program may review and provide comments and amendments to a draft permit and discuss the draft permit with the staff of the department before that draft permit undergoes public notice and comment under AS 46.03.110.
   (j) A person who applies for a permit under the program has the opportunity to review a proposed final permit and discuss it with the staff of the department before the department issues the permit.
   (k) A permit issued under the program is not automatically stayed by the filing of a request for an adjudicatory hearing on the permit; a request to stay a permit issued under the program shall be decided by the commissioner or the commissioner's designee.
   (l) Permits issued under this section shall be issued as expeditiously as possible.
   (m) For purposes of the permit program authorized by the United States Environmental Protection Agency under 33 U.S.C. 1342 (sec. 402, Clean Water Act), "waste material" includes pollutants, as defined in 33 U.S.C. 1362(6) (sec. 502(6), Clean Water Act).

Authorities

16.05.782;37.10.058;44.46.025;46.03.110;46.03.120;46.03.462;46.03.463

Notes

Implemented As

18 AAC 15.010
18 AAC 15.020
18 AAC 15.030
18 AAC 15.040
18 AAC 15.050
18 AAC 15.060
18 AAC 15.070
18 AAC 15.080
18 AAC 15.090
18 AAC 15.100
18 AAC 15.110
18 AAC 15.185
18 AAC 15.195
18 AAC 15.200
18 AAC 15.205
18 AAC 15.210
18 AAC 15.220
18 AAC 15.225
18 AAC 15.230
18 AAC 15.235
18 AAC 15.237
18 AAC 15.240
18 AAC 15.245
18 AAC 15.250
18 AAC 15.255
18 AAC 15.270
18 AAC 15.280
18 AAC 15.290
18 AAC 15.300
18 AAC 15.305
18 AAC 15.310
18 AAC 15.320
18 AAC 15.340
18 AAC 15.900
18 AAC 15.910
18 AAC 15.920
18 AAC 60.005
18 AAC 60.007
18 AAC 60.008
18 AAC 60.010
18 AAC 60.025
18 AAC 60.030
18 AAC 60.035
18 AAC 60.200
18 AAC 60.203
18 AAC 60.207
18 AAC 60.210
18 AAC 60.211
18 AAC 60.213
18 AAC 60.215
18 AAC 60.217
18 AAC 60.220
18 AAC 60.225
18 AAC 60.227
18 AAC 60.228
18 AAC 60.230
18 AAC 60.233
18 AAC 60.235
18 AAC 60.240
18 AAC 60.243
18 AAC 60.245
18 AAC 60.250
18 AAC 60.255
18 AAC 60.260
18 AAC 60.265
18 AAC 60.270
18 AAC 60.300
18 AAC 60.305
18 AAC 60.310
18 AAC 60.315
18 AAC 60.320
18 AAC 60.330
18 AAC 60.335
18 AAC 60.340
18 AAC 60.345
18 AAC 60.350
18 AAC 60.355
18 AAC 60.360
18 AAC 60.365
18 AAC 60.375
18 AAC 60.380
18 AAC 60.385
18 AAC 60.390
18 AAC 60.395
18 AAC 60.396
18 AAC 60.397
18 AAC 60.398
18 AAC 60.400
18 AAC 60.410
18 AAC 60.420
18 AAC 60.430
18 AAC 60.440
18 AAC 60.450
18 AAC 60.455
18 AAC 60.460
18 AAC 60.470
18 AAC 60.480
18 AAC 60.485
18 AAC 60.490
18 AAC 60.500
18 AAC 60.505
18 AAC 60.510
18 AAC 60.700
18 AAC 60.730
18 AAC 60.800
18 AAC 60.810
18 AAC 60.815
18 AAC 60.820
18 AAC 60.825
18 AAC 60.830
18 AAC 60.840
18 AAC 60.850
18 AAC 60.860
18 AAC 60.990
18 AAC 70.005
18 AAC 70.010
18 AAC 70.015
18 AAC 70.210
18 AAC 70.235
18 AAC 70.240
18 AAC 70.910
18 AAC 70.990
18 AAC 72.005
18 AAC 72.007
18 AAC 72.010
18 AAC 72.015
18 AAC 72.020
18 AAC 72.025
18 AAC 72.030
18 AAC 72.035
18 AAC 72.050
18 AAC 72.055
18 AAC 72.060
18 AAC 72.065
18 AAC 72.200
18 AAC 72.205
18 AAC 72.215
18 AAC 72.245
18 AAC 72.275
18 AAC 72.400
18 AAC 72.405
18 AAC 72.410
18 AAC 72.415
18 AAC 72.420
18 AAC 72.425
18 AAC 72.430
18 AAC 72.435
18 AAC 72.440
18 AAC 72.500
18 AAC 72.510
18 AAC 72.600
18 AAC 72.900
18 AAC 72.910
18 AAC 72.945
18 AAC 72.946
18 AAC 72.955
18 AAC 72.956
18 AAC 72.957
18 AAC 72.959
18 AAC 72.990
18 AAC 83.005
18 AAC 83.010
18 AAC 83.015
18 AAC 83.020
18 AAC 83.105
18 AAC 83.110
18 AAC 83.115
18 AAC 83.120
18 AAC 83.125
18 AAC 83.130
18 AAC 83.135
18 AAC 83.140
18 AAC 83.145
18 AAC 83.150
18 AAC 83.155
18 AAC 83.160
18 AAC 83.165
18 AAC 83.170
18 AAC 83.175
18 AAC 83.205
18 AAC 83.210
18 AAC 83.215
18 AAC 83.305
18 AAC 83.310
18 AAC 83.315
18 AAC 83.320
18 AAC 83.325
18 AAC 83.330
18 AAC 83.335
18 AAC 83.340
18 AAC 83.345
18 AAC 83.350
18 AAC 83.360
18 AAC 83.365
18 AAC 83.370
18 AAC 83.375
18 AAC 83.380
18 AAC 83.385
18 AAC 83.405
18 AAC 83.410
18 AAC 83.415
18 AAC 83.420
18 AAC 83.425
18 AAC 83.430
18 AAC 83.435
18 AAC 83.440
18 AAC 83.445
18 AAC 83.450
18 AAC 83.455
18 AAC 83.460
18 AAC 83.475
18 AAC 83.480
18 AAC 83.485
18 AAC 83.490
18 AAC 83.495
18 AAC 83.500
18 AAC 83.505
18 AAC 83.510
18 AAC 83.515
18 AAC 83.520
18 AAC 83.525
18 AAC 83.530
18 AAC 83.535
18 AAC 83.540
18 AAC 83.545
18 AAC 83.550
18 AAC 83.555
18 AAC 83.560
18 AAC 83.605
18 AAC 83.610
18 AAC 83.615
18 AAC 83.620
18 AAC 83.625
18 AAC 83.630
18 AAC 83.635
18 AAC 83.640
18 AAC 83.905
18 AAC 83.990

References

18 AAC 15.010
18 AAC 15.110
18 AAC 15.120
18 AAC 60.200
18 AAC 60.220
18 AAC 60.225
18 AAC 60.230
18 AAC 60.243
18 AAC 60.400
18 AAC 70.900
18 AAC 72.035
18 AAC 72.500
18 AAC 83.015
AS 16.05.782 Taking of brown or grizzly bear near solid waste disposal facility prohibited.
AS 37.10.058 Definitions.
AS 44.46.025 Fees for services.
AS 46.03.110 Waste disposal permit procedure.
AS 46.03.120 Termination or modification of waste management and disposal authorization.
AS 46.03.462 Terms and conditions of discharge permits.
AS 46.03.463 Prohibited discharges; limitations on discharges.

History

(Sec. 3 ch 120 SLA 1971; am Sec. 3 ch 220 SLA 1976; am Sec. 9 ch 93 SLA 1981; am Sec. 4 ch 91 SLA 1984; am Sec. 3 ch 88 SLA 1990; am Sec. 2, 3 ch 11 SLA 1995; am Sec. 7 ch 140 SLA 1996; am Sec. 1 ch 44 SLA 2002; am Sec. 7 ch 49 SLA 2002; am Sec. 1 - 3 ch 52 SLA 2002; am Sec. 51 ch 49 SLA 2004; am Sec. 3 ch 136 SLA 2004; am Sec. 3 ch 95 SLA 2005; am Sec. 2 - 6 ch 17 SLA 2008; am Sec. 1 ch 5 SLA 2013)