Alaska Administrative Code
Title 18 - Environmental Conservation
Chapter 60 - Solid Waste Management
Article 2 - Waste Disposal Permit
18 AAC 60.255 - General permit

(a) The department will issue a general permit covering a group of facilities subject to the permit requirements of this chapter, or to a group of activities, if the facilities or activities in the group

(b) The department will restrict a general permit to a limited region of the state if the department determines that the safe management and disposal of the waste depends on conditions found in that region and a general permit will protect the public health, safety, welfare, and the environment.

(c) An applicant for a general permit shall submit to the department a petition in which the applicant demonstrates that the facilities or activities to be covered meet the conditions described in (a) of this section. A general permit may be sought by a single owner or operator, but the department will give priority to applications jointly submitted by two or more owners or operators of facilities that would be subject to the general permit. If the department approves an application for a general permit under this section or, on its own motion, proposes to create a general permit, the department will publish notice of the proposed permit in two issues of a newspaper of general circulation in the area where the waste management is to take place and in other media that the department considers appropriate. The notice will summarize the proposed permit, state where the waste management is to be allowed, state where copies of the proposed permit and supporting documents may be obtained, and state that any person who wants to express an opinion to the department may send written comments to the department within 30 days. The department will send a copy of the public notice and the proposed general permit and supporting documents to the commissioners of

(d) After the time for public comment expires, the department will grant or deny the application for a general permit or, if the general permit is one proposed by the department, will issue the permit, or decide to take no action on the proposal. A copy of the department's decision will be sent to the applicant and to any person who submitted written comments on the proposed general permit. In the decision the department will include a statement that any person who is aggrieved by the decision may request an adjudicatory hearing under 18 AAC 15.195 . 18 AAC 15.340.

(e) A general permit will contain criteria by which facilities may qualify for coverage under the general permit. A person who seeks to be covered under a general permit issued under this section may submit an application to the department on a form provided by the department or in accordance with the conditions of the general permit. The application must be accompanied by the annual fee identified in Table E-4 in 18 AAC 60.700(a). In addition, the application must

(f) The department will notify the applicant of its decision to grant or deny an application for coverage under a general permit not later than 30 days after receiving a complete application under (e) of this section. A person aggrieved by a decision to grant or deny an application for coverage under a general permit issued under this section may request informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340. Review is limited to whether the activity or facility that is the subject of the application for coverage is the type intended to be covered under the general permit and the appropriateness of any site-specific terms or conditions that are issued as part of the granting of the application for coverage under the general permit and that were not otherwise set out in the general permit. The terms of a general permit previously approved by department are not subject to review as part of an application for coverage decision under this subsection.

(g) Upon 30-days written notice to the permittee, the department will modify, revoke and reissue, or terminate the coverage of a general permit to a specific facility without opportunity for a pre-revocation hearing, and will require that facility to obtain an individual permit if operations under the general permit might threaten public health or the environment. Situations indicative of such a threat include the following:

(h) Notwithstanding 18 AAC 15.195 - 18 AAC 15.340, a person who disagrees with a department action taken under (g) of this section may request review by the director of the department's division responsible for issuing permits under this chapter. A request under this subsection must be submitted within 30 days after the action is taken and must be accompanied by a written discussion that sets out the reasons why the department's action is thought to be erroneous. The director shall issue a written decision on the matter within 30 days after receiving the request. A decision under this subsection is a final agency decision subject to judicial review under the applicable Rules of Appellate Procedure.

(i) Repealed 9/5/2010.

(j) Beginning with the calendar year following the department's approval of an application for coverage under a general permit, the owner or operator shall pay the applicable annual fee within 60 days after the date of billing.