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Title 18 . Environmental Conservation
Chapter 15 . Administrative Enforcement
Section 920. Definitions

18 AAC 15.920. Definitions

As used in this chapter, unless the context otherwise requires

(1) "appropriate division director" means the director of the department division responsible for the permit approval, or certification at issue.

(2) "commissioner" means the commissioner of environmental conservation;

(3) "decision" means a department decision to issue, deny, condition, suspend, revoke, or amend a permit, or to take another action reviewable under 18 AAC 15.195 - 18 AAC 15.340;

(4) "department" means the Department of Environmental Conservation;

(5) "EPA" means the United States Environmental Protection Agency;

(6) "hearing officer" means

(A) the commissioner, if the commissioner does not designate or appoint a hearing officer under 18 AAC 15.235(a) (1)(B) or (a)(2); or

(B) an individual designated or appointed under 18 AAC 15.235(a) (1)(B) or (a)(2);

(7) "modification of an NPDES permit" includes an action that, as a practical matter, alters the permittee's obligation under the NPDES permit, whether through a consent decree, stipulated agreement, enforcement compliance schedule letter, or any other means;

(8) "NPDES" means the National Pollutant Discharge Elimination System under 33 U.S.C. 1328, 1342, and 1345;

(9) "party" means the permit applicant, each person whose request for an adjudicatory hearing or intervention has been granted, and the department staff,

(10) "permit" means an approval, permit, certification, variance, exemption, delegation, or other authorization of the department subject to review under 18 AAC 15.195 - 18 AAC 15.340;

(11) "permit applicant" means a person who

(A) submitted an application for a permit subject to review under 18 AAC 15.195 - 18 AAC 15.340;

(B) has been issued a permit subject to review under 18 AAC 15.195 - 18 AAC 15.340; or

(C) who is the subject of a departmental action that is subject to review under 18 AAC 15.195 - 18 AAC 15.340;

(12) "regional administrator" means the administrator of Region X of EPA;

(13) "requestor" means a person requesting an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340, a person requesting a stay under 18 AAC 15.210, or a person who intervenes in order to challenge all or part of the department's decision; "requestor" does not include a person whose request for an adjudicatory hearing or intervention is denied;

(14) "respondent" means a person defending the department's decision.

History: Eff. 11/25/77, Register 64; am 7/11/2002, Register 163

Authority: AS 46.03.020

AS 46.03.090

AS 46.03.100

AS 46.03.110

AS 46.03.330

AS 46.03.720

AS 46.04.030

AS 46.14.120

AS 46.14.150


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Last modified 7/05/2006