18 AAC 60.215. Permit issuance

(a) The department will issue or deny a permit after reviewing information contained in the application and the public record, based upon the

(1) applicable provisions of this chapter and 18 AAC 15;

(2) air quality control regulations in 18 AAC 50;

(3) water quality standards in 18 AAC 70;

(4) wastewater disposal regulations in 18 AAC 72;

(5) drinking water standards in 18 AAC 80;

(6) Alaska Coastal Management Program, AS 46.40, if applicable;

(7) Alaska Historic Preservation Act, AS 41.35.010 - 41.35.240;

(8) long-term stability of the facility and related structures in areas subject to natural events such as aufeis, floods, earthquakes, avalanches, landslides, mudflows, land slippage, or thaw-unstable permafrost; and

(9) applicant's compliance history while conducting other operations regulated by the department under this title, including any notice of violation, mandatory compliance order, consent order, and any other administrative, civil, or criminal enforcement action; an applicant's compliance history will constitute sufficient basis for denial of approval if, in the department's determination, that history shows a pattern or practice of noncompliance that demonstrates the applicant's unwillingness or inability to achieve or maintain compliance with the provisions of this chapter.

(b) The department will attach conditions to the permit

(1) to ensure compliance with applicable state law;

(2) that incorporate the standards of this chapter relating to siting, design, construction, operation, and closure of the facility; and

(3) to ensure that dust, odor, and safety hazards are kept to a minimum.

(c) The permittee shall provide timely, adequate notice to the department of any change in the permittee's mailing address or physical residence.

History: Eff. 1/28/96, Register 137; am 10/29/98, Register 148

Authority: AS 44.46.020

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