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Title 18 . Environmental Conservation
Chapter 60 . Administrative Enforcement
Section 900. Waivers

18 AAC 60.900. Waivers

(a) Subject to (b) of this section, the department will grant a waiver from one or more provisions of this chapter, except a provision applicable to a Class I MSWLF and required by 40 C.F.R. 258, revised as of July 1, 1998. To secure a waiver under this section, the applicant must identify, in writing, the provision sought to be waived and must demonstrate that

(1) compliance with the identified provision would cost significantly more than the value of the environmental benefit, public health risk reduction, and nuisance avoidance that could be achieved through compliance with the identified provision; or

(2) the proposed alternative action will provide equal or better environmental protection, reduction in public health risk, and control of nuisance factors than compliance with the identified provision.

(b) In granting a waiver, the department will impose specific conditions as necessary to assure that public health and welfare and the environment are protected.

History: Eff. 1/28/96, Register 137; am 7/11/99, Register 151

Authority: AS 44.06.020

AS 46.03.010

AS 46.03.020


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Last modified 7/05/2006