Current through November 28, 2024
(a) Except as
provided in (i) of this section, the department may delegate all or partial
authority to implement
18 AAC 72.005-18 AAC
72.660 to a municipality, city, borough, or other
local government organization, upon approval of an i application for
delegation.
(b) An entity described
in (a) of this section must submit an application for delegation to the
director. The application must include the following information:
(1) a copy of the entity's ordinances
governing the subject matter of the proposed delegation;
(2) a description of pertinent enforcement
processes available to the entity, administratively and through initiation of
court action, to ensure compliance with AS 46.03, this chapter, and the
entity's ordinances;
(3) a
description of the entity's administrative organization, staff, funding levels,
and other resources that are available to administer and enforce the entity's
requirements; and
(4) other
information that the director considers necessary to the department's decision
whether to delegate the department's authority.
(c) Not later than 90 days after receipt of a
complete application for delegation, the department may delegate the authority
to implement
18 AAC 72.005 -
18 AAC 72.660, or a portion of
those provisions, to an entity described in (a) of this section if the
department finds, after review of information submitted under (b) of this
section and with respect to the subject matter of the proposed delegation, that
(1) the entity's ordinances are at least as
stringent as the requirements of AS 46.03 and this chapter;
(2) the entity has sufficient resources and
enforcement authorities to ensure uniform compliance with the requirements of
AS 46.03 and this chapter; and
(3)
the state is adequately protected from liability.
(d) A delegation the department has approved
under (c) of this section is effective upon the execution by both the director
and the individual with administrative management authority for an entity
described in (a) of this section. In the delegation, the department will
include at a minimum terms and conditions that set out the following:
(1) the right of the department to
periodically audit the entity to ensure compliance with the terms and
conditions of the delegation;
(2)
the right of the department and the entity to review and comment on proposed
changes to regulations or ordinances addressing the subject matter of the
delegation;
(3) the right of the
department to require an annual report from the entity summarizing the
wastewater systems the entity approved or inspected;
(4) the requirement that the entity enforce
the ordinances; and
(5) the right
of the department to terminate the delegation if the department determines that
the delegation
(A) creates a threat to public
health, public and private water systems, or the environment; or
(B) is not in the public interest.
(e) If the department
determines, based on an audit conducted under (d) of this section or other
information, that the entity is not in compliance with the terms and conditions
of the delegation, with AS 46.03, or with this chapter, the department will
(1) notify the entity in writing of,
(A) the areas in which the department has
determined that the entity is failing to comply; and
(B) the reasons for the department's
determination; and
(2)
allow the entity 30 days after receiving the notification under (1) of the
subsection to
(A) explain why the entity
disagrees with the department's determination; or
(B) outline the steps that the entity is
taking or proposes to take to correct the areas of noncompliance.
(f) After reviewing the
information received under (e) of this section, the department may
(1) revoke the delegation, if the department
finds that the entity is not in compliance with the terms and conditions of the
delegation, with AS 46.03, or with this chapter, and that the entity is not
likely to come into compliance;
(2)
periodically review the actions of the entity until compliance is achieved, if
the department finds that the entity is not in compliance with the terms and
conditions of the delegation, with AS 46.03, or with this chapter, but that the
entity is taking sufficient steps to come into compliance; or
(3) modify the delegation as necessary to
protect public health, public and private water systems, and the
environment.
(g) If the
department modifies or revokes a delegation under this section, the department
will send a notice to the entity stating that, based on the department's
written findings,
(1) the delegation will be
revoked or modified effective immediately, unless the notice gives a specific
date on which the revocation or modification becomes effective; and
(2) the entity may not continue to enforce
its authority after the effective date of the revocation or
modification.
(h) An
entity may not further delegate a delegation under this section.
(i) A delegation under this section does not
include the issuance of permits under
18 AAC 72.010 or 18 AAC 83. An
entity with a delegation under this section is not required to charge a fee
listed under
18 AAC
72.955.
The subject matter of 18 AAC 72.110 (delegation of
authority) was previously located in
18 AAC 72.280. The history of 18
AAC 72.110 does not include the history of the previous section.
Authority:AS
44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
