18 AAC 31.930. Waiver of requirements

(a) Except for a fee required by 18 AAC 31.050, the department will waive a requirement of this chapter if it finds that public health is protected and the purpose of the requirement is otherwise satisfied.

(b) An application for a waiver must be submitted in writing to the department, and must

(1) specify the requirement for which the waiver is sought;

(2) state the reason why the requirement cannot be met; and

(3) describe the alternate method proposed to meet the purpose of the requirement.

(c) The department will grant or deny a waiver application, with or without conditions, in writing within 30 days after it is received.

History: Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158

Authority: AS 17.20.005

Editor's note: Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.930, without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20.

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