5 AAC 95.930. Exclusion periods

(a) The commissioner will notify a permittee that the term of the permit is, or will be, interrupted for a period of time if the commissioner determines that

(1) a temporary environmental condition exists which was reasonably unforeseeable at the time of permit approval and the permitted activity, if allowed to continue, threatens to cause a substantial adverse impact;

(2) the permittee has failed to implement a required mitigating or preventative measure; or

(3) the permittee has failed to comply with a provision of this chapter, or a condition of the permit.

(b) The exclusion period established under (a) of this section will be as long as necessary for abatement of the temporary condition, completion of the required mitigating or preventive measure, or compliance with the permit condition or the provisions of this chapter, and will not exceed a total of 30 days in any calendar year, without the consent of the permittee.

(c) The commissioner will, by notice to the permittee, terminate an exclusion period after the permittee demonstrates abatement, compliance, or implementation of the required mitigating measures.

(d) If the commissioner finds, before or during an exclusion period, that corrective action is unlikely to be completed within any available exclusion period, the commissioner will, in his or her discretion, initiate a revocation proceeding under AS 44.62.330 - AS 44.62.630 .

History: Eff. 6/5/86, Register 98

Authority: AS 16.05.020

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