18 AAC 60.255. General permit

(a) The department will issue a general permit covering a group of facilities subject to the permit requirements of this chapter, or to a group of activities, if the facilities or activities in the group

(1) involve the same type of waste handling systems;

(2) dispose of the same type of solid waste;

(3) will not threaten public health, safety, welfare, or the environment; and

(4) are, in the department's determination, best regulated under a general permit.

(b) The department will restrict a general permit to a limited region of the state if the department determines that the safe management and disposal of the waste depends on conditions found in that region and a general permit will protect the public health, safety, welfare, and the environment.

(c) An applicant for a general permit shall submit to the department a petition in which the applicant demonstrates that the facilities or activities to be covered meet the conditions described in (a) of this section. If the proposed general permit will authorize activities that are located in or may affect a coastal zone, the applicant shall also complete and submit the coastal project questionnaire required by 6 AAC 50.070. A general permit may be sought by a single owner or operator, but the department will give priority to applications jointly submitted by two or more owners or operators of facilities that would be subject to the general permit. If the department approves an application for a general permit under this section or, on its own motion, proposes to create a general permit, the department will publish notice of the proposed permit in two issues of a newspaper of general circulation in the area where the waste management is to take place and in other media that the department considers appropriate. The notice will summarize the proposed permit, state where the waste management is to be allowed, state the fee type described in (i) of this section, state where copies of the proposed permit and supporting documents may be obtained, and state that any person who wants to express an opinion to the department may send written comments to the department within 30 days. The department will send a copy of the public notice and the proposed general permit and supporting documents to the commissioners of

(1) fish and game;

(2) natural resources;

(3) deleted;

(4) commerce, community, and economic development; and

(5) health and social services.

(d) After the time for public comment expires, the department will grant or deny the application for a general permit or, if the general permit is one proposed by the department, will issue the permit, or decide to take no action on the proposal. A copy of the department's decision will be sent to the applicant and to any person who submitted written comments on the proposed general permit. The decision will include a statement that any person who is aggrieved by the decision may request an adjudicatory hearing under 18 AAC 15.

(e) A general permit will contain criteria by which facilities may qualify for coverage under the general permit. A person who seeks to be covered under a general permit issued under this section may submit an application to the department on a form provided by the department or in accordance with the conditions of the general permit. The application must be accompanied by the annual fee identified in Table I-5 in 18 AAC 60.700(a) for the type of general permit specified in the public notice under (c) of this section. In addition, the application must

(1) be submitted within the time period identified in the form for the general permit under which coverage is sought; and

(2) clearly show how the proposed activity meets the criteria and conditions of the general permit.

(f) The department will notify the applicant of its decision to grant or deny an application for coverage under a general permit within 30 days after receiving a complete application under (e) of this section.

(g) Upon 30-days written notice to the permittee, the department will modify, revoke and reissue, or terminate the coverage of a general permit to a specific facility without opportunity for a pre-revocation hearing, and will require that facility to obtain an individual permit if operations under the general permit might threaten public health or the environment. Situations indicative of such a threat include the following:

(1) the facility does not comply with a material provision of the general permit;

(2) there is a material change in the operation or in the type or quantity of waste for which the general permit was issued; or

(3) the permit was procured by misrepresentation of material fact or by failure of the applicant to fully disclose the material facts relating to its issuance.

(h) Notwithstanding 18 AAC 15.195 - 18 AAC 15.340, a person who disagrees with a department action taken under (g) of this section may request review by the director of the department's division responsible for issuing permits under this chapter. A request under this subsection must be submitted within 30 days after the action is taken and must be accompanied by a written discussion that sets out the reasons why the department's action is thought to be erroneous. The director shall issue a written decision on the matter within 30 days after receiving the request. A decision under this subsection is a final agency decision subject to judicial review under the applicable Rules of Appellate Procedure.

(i) The department will designate a general permit as

(1) Type A, if the average time anticipated for review of an application to operate under the general permit is under 3 hours;

(2) Type B, if the average time anticipated for review of an application to operate under the general permit is 3 or more hours but under 5 hours;

(3) Type C, if the average time anticipated for review of an application to operate under the general permit is 5 or more hours but under 8 hours; and

(4) Type D, if the average time anticipated for review of an application to operate under the general permit is 8 or more hours.

(j) Beginning with the calendar year following the department's approval of an application for coverage under a general permit, the owner or operator shall pay the applicable annual fee within 60 days after the date of billing.

History: Eff. 1/28/96, Register 137; am 6/28/96, Register 138; am 10/29/98, Register 148; am 6/30/2002, Register 162; am 7/11/2002, Register 163

Authority: AS 44.46.020

Editor's note: As of Register 171 (October 2004), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Community and Economic Development to the Department of Commerce, Community, and Economic Development made by ch. 47, SLA 2004 and the corresponding title change of the commissioner of community and economic development.

As of Register 171 (October 2004), 18 AAC 60.255(c) (3) was deleted by the regulations attorney because that paragraph was redundant with 18 AAC 60.255(c) (4).

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