Current through November 28, 2024
(a) If the
department determines that a waiver of a requirement of
18 AAC 72.501 -
18 AAC 72.560 will adequately
protect public health, private water systems, and the environment, the
department may waive or modify that requirement on a site-specific basis. The
review of separation distance waivers to a public water system, or any
component of one, falls under the requirements of 18 AAC 80.
(b) A request to reduce a separation distance
required under
18 AAC 72.100 or
18 AAC 72.520(a)
- (g) must be submitted in a report that specifies each waiver being sought.
The report must
(1) be sealed by a registered
engineer; the department will waive this requirement for a conventional onsite
wastewater system if the department determines that
(A) public health, public and private water
systems, and the environment are adequately protected without this
requirement;
(B) the site of the
proposed system is remote from a community with access to professional
engineering services; and
(C) the
resulting cost of bringing a registered engineer to the site would be overly
burdensome;
(2) justify
the lesser distance and explain how the lesser distance does not threaten
public health, public and private water systems, or the environment;
(3) describe soil classifications,
groundwater conditions, surface topography, geology, and other environmental
conditions that would assist the department in determining whether a lesser
separation distance is protective; and
(4) include a set of plans showing
(A) the area's topography and groundwater
flow direction;
(B) the location of
surface water in the area;
(C)
existing or potential sources of contamination in the area;
(D) existing or proposed public and private
drinking water sources in the area; and
(E) details of the existing or proposed
conventional wastewater system construction that will mitigate potential
contamination of surface water, groundwater, and existing or proposed private
drinking water sources;
(5) if the separation distance reduction is
to a private water system, provide information on the construction of the
existing or proposed water system; and
(6) include other information the department
determines to be necessary to assess the effect of a lesser separation distance
upon public health, private water systems, and the environment.
(c) A request for modification of
the construction requirements for a conventional wastewater system must include
a report that specifies each variation being sought. The report must
(1) be sealed by a registered
engineer;
(2) justify the waiver or
modification of the specific construction requirement based on site-specific
conditions relevant to the request;
(3) include calculations, engineered plans of
the system design, or other information that would assist the department in
determining whether the waiver or modification requested will adversely impact
the system performance and be protective of public health, public and private
water systems, and the environment; and
(4) include other information the department
determines to be necessary to assess the effect of the waiver or modification
requested.
(d) The
department will base its decision under this section on information submitted
to justify the waiver or modification, the risk to public health, the risk to
the environment, the protection of surface water, groundwater, and existing or
proposed drinking water sources, and the impact on conventional wastewater
system performance. As necessary, the department will require changes to the
system construction as a condition of approval.
(e) A request for a waiver or modification
under this section must be accompanied by the applicable fee required under
18 AAC
72.955.
Authority:AS
44.46.020
AS 44.46.025
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.710
