Alaska Administrative Code
Title 17 - Transportation and Public Facilities
Chapter 97 - Naturally Occurring Asbestos
17 AAC 97.030 - Procedures for establishment of designated area

(1) if all or part of the proposed designated area is within the limits of a municipality, the applicant must be the municipality;

(2) if the proposed designated area is inside the limits of a community and outside the limits of a municipality, the community may apply;

(3) if the proposed designated area is outside the limits of a community and outside the limits of a municipality, any person may apply;

(4) the applicant may request the establishment of a designated area by submitting an application to the department containing

(5) upon receipt of an application, the department will not issue a determination until it has

(6) in addition to the information required in (4) of this subsection, the department may request that additional information or studies it determines relevant and necessary, to include additional testing, sampling, or surveys, be provided in order to process the application; the department will not pay for, conduct, or contract for any testing required to process the application;

(7) the department will process the application not later than 90 days after receipt of the complete application; if the department needs additional time to process the application, the department will issue a public notice to extend the 90 days;

(8) the department will issue a written determination of approval or disapproval of the application; if the department approves the application, the department will include in the approval a specific description of the boundaries of the designated area; the department will provide a copy of the written determination to the applicant;

(9) the department may wholly approve or wholly disapprove an application; the department may revise the boundaries proposed by the applicant of the area to be established as a designated area;

(10) after approval of a designated area, the department will notify potentially affected persons that the area has been designated as an area where landowners and contractors may be granted immunity under AS 09.65.245(a) (immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants) from a civil action or claim for damages or costs;

(11) an applicant may request at any time that the department withdraw a designated area from designation; if all or part of the designated area is within a municipality or community, the municipality or community must be the applicant to withdraw; the department will solicit and consider public input for withdrawal of the designated area from designation; if a designated area is withdrawn from designation, immunity for projects with site-specific plans previously approved by the department under 17 AAC 97.040 continues for those projects as if the area remained a designated area for the purposes of asserting immunity under AS 09.65.245(a); to retain immunity under AS 09.65.245(a), the projects must continue to be maintained following the monitoring and mitigation plan approved under 17 AAC 97.040(h).

(1) if any part of the proposed designated area under this subsection is within a municipality, the department will secure a resolution from the governing body of the municipality in which the proposed area is located supporting the establishment of the designated area;

(2) the department will document

(3) upon establishing a file documenting the information required under (1) and (2) of this subsection, the department will solicit and consider public input from residents within the proposed designated area;

(4) the department will issue a written determination establishing the designated area and containing a specific description of the boundaries of the designated area; the department will provide a copy of the written determination to the governing body of the municipality, if applicable;

(5) after establishing a designated area, the department will notify potentially affected persons that the area has been designated as an area where landowners and contractors may be granted immunity under AS 09.65.245(a) (immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants) from a civil action or claim for damages or costs;

(6) the department may at any time withdraw a designated area from designation; the department will solicit and consider public input for withdrawal of the designated area from designation; if a designated area is withdrawn from designation, immunity for projects with site-specific plans previously approved by the department under 17 AAC 97.040 continues for those projects as if the area remained a designated area for the purposes of asserting immunity under AS 09.65.245(a); to retain immunity under AS 09.65.245(a), the projects must continue to be maintained following the monitoring and mitigation plan approved under 17 AAC 97.040(h).