Alaska Administrative Code
Title 11 - Natural Resources
Part 1 - Office of the Commissioner
Chapter 05 - Fees for Department Services
11 AAC 05.270 - Higher fees

Universal Citation: 11 AK Admin Code 11 AAC 05.270

Current through November 28, 2024

(a) Notwithstanding 11 AAC 05.020 - 11 AAC.05.260, the department may require a fee higher than that set out in 11 AAC 05.030-11 AAC.05.260 if the department determines that the location or nature of the use makes a higher fee appropriate to ensure a reasonable return to the state. Under this subsection, and at the department's discretion to ensure a reasonable return to the state, the department may set

(1) a variable fee of 5.0 percent of the gross receipts attributable to the use of the site; or

(2) a fee based on the director's estimate of the market value of the use or, at the applicant's option and expense after receiving the director's written estimate of that value, based on appraised fair market value of the use; or

(3) a fee equal to the highest responsive bid submitted from among multiple qualified bidders when a statute, a department regulation, or the director has determined that only a limited number of authorizations will be awarded, and there are more qualified applicants than authorizations available.

(b) Notwithstanding 11 AAC 05.020, the department may enter into a reimbursement or prepayment agreement under AS 38.35.140(b) or AS 38.35.145, and may require a fee based on actual reasonable departmental costs that are higher than that set out in 11 AAC 05.030-11 AAC.05.260.

(c) Notwithstanding 11 AAC 05.020, in addition to the fees set out in 11 AAC 05.030-11 AAC.05.260, the department may enter into an agreement under AS 38.05.020(b)(2), and may require a fee based on actual reasonable departmental costs to respond to contaminated sites under 18 AAC 75.300 - 18 AAC 75.320 and to address contaminated sites under 18 AAC 75.320 - 18 AAC 75.396, including investigation, inspection, cleanup, remediation, and monitoring.

Authority:AS 27.21.030

AS 27.21.940

AS 37.10.050

AS 37.10.052

AS 37.10.058

AS 38.04.045

AS 38.04.900

AS 38.05.020

AS 38.05.035

AS 38.05.057

AS 38.05.082

AS 38.05.083

AS 38.05.102

AS 38.05.133

AS 38.05.177

AS 38.05.180

AS 38.05.250

AS 38.05.255

AS 38.05.295

AS 38.05.550

AS 38.05.555

AS 38.05.560

AS 38.05.565

AS 38.05.600

AS 38.05.810

AS 38.05.850

AS 38.08.110

AS 38.09.020

AS 38.09.110

AS 38.35.020

AS 38.35.050

AS 38.50.160

AS 38.95.240

AS 40.15.370

AS 40.17.030

AS 40.25.110

AS 40.25.115

AS 41.06.020

AS 41.21.020

AS 41.21.026

AS 41.23.440

AS 44.37.011

AS 44.37.020

AS 44.37.025

AS 44.37.027

AS 45.29.525

AS 45.50.315

AS 46.15.020

AS 46.15.035

AS 46.15.037

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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