Title 18 . Environmental Conservation

Chapter 63 . Administrative Enforcement

Section 20. Pre-application requirements

18 AAC 63.020. Pre-application requirements

(a) At least 120 days before submitting to the department an application for siting approval under this chapter, an applicant who proposes to construct or operate a facility described in 18 AAC 63.010(a) shall

(1) prepare a preliminary application that contains the information required by 18 AAC 63.030(c) (1) - (12), and a fact sheet that describes the facility and summarizes the content of the preliminary application;

(2) publish notice of the proposed project in two editions of a newspaper of general circulation, and announce the notice at least twice a day for one week on a radio station, in the area where the facility is proposed to be located; and

(3) by certified mail, return receipt requested, send written notice of the proposed activity to the commissioner and

(A) to the city council of that city, if the proposed facility is to be located in a city,

(B) to the highest elected official of the organized borough in which the proposed facility is to be located, if the proposed facility is to be located in an organized borough but not in a city; or

(C) to the highest elected official of the nearest city or borough, if the proposed facility is to be located in the unorganized borough and not in a city.

(b) The public notice required by (a)(2) of this section must

(1) describe the proposed facility, including methods and technologies of hazardous waste management;

(2) identify

(A) the owner and operator of the facility;

(B) the proposed location of the facility;

(C) proposed routes of transportation to and from the proposed site; and

(D) the types, estimated quantities, and sources of hazardous waste to be stored, treated, or disposed of at the facility;

(3) offer to any interested person, without charge, a copy of the fact sheet described in (a)(1) of this section; and

(4) specify a location at which two copies of the preliminary application described in (a)(1) of this section are available for public review.

(c) The written notice required by (a)(3) of this section must

(1) include an offer to meet with the affected city council or borough assembly in one or more informal public meetings to describe the proposed facility;

(2) discuss how the proposed facility will meet applicable state and federal requirements for the protection of public health and the environment; and

(3) discuss public health and environmental issues, including

(A) how the applicant will monitor for facility emissions to the air, water, and land;

(B) how the applicant will report emissions and spills to the public;

(C) how the applicant will respond to on-site accidents and spills and assist in emergencies involving shipments to and from the facility; and

(D) a description of proposed routes of transportation to and from the site, including safety considerations.

(d) Within 10 days after receiving notice from an applicant under (a)(3) of this section, the commissioner will appoint a seven-member advisory committee that consists of

(1) two persons who live near the proposed facility or along a transportation route to the facility;

(2) two persons recommended by the affected borough or city;

(3) a representative of the applicant; and

(4) two other persons who have social, cultural, or technical expertise essential for the advisory committee's function.

(e) An applicant must

(1) provide each member of the advisory committee with a copy of the preliminary application;

(2) participate in public meetings held by the committee to provide an overview of the proposed project, focusing on the public health and environmental issues set out in (c)(3) of this section, and to respond to concerns expressed by the public or by members of the advisory committee; and

(3) prepare written responses to concerns expressed during the pre-application period.

(f) The advisory committee shall

(1) elect a chairperson from among its members;

(2) schedule and hold three public meetings, at which the applicant provides information described in (c)(2) of this section;

(3) summarize information and facts about the proposed project;

(4) provide a forum for public discussions about the site and facility, and encourage a dialogue between the public and the applicant to answer questions and resolve any concerns; and

(5) report to the commissioner, summarizing the public meetings on the proposed project.

(g) The advisory committee shall hold its first meeting within 20 days after appointment. Within 80 days after appointment, the committee shall prepare a written report summarizing concerns expressed during the public meetings, how the applicant addressed or failed to address those concerns, and any commitments made by the applicant in response to the concerns. The committee shall submit the report to the applicant for written comment. Within 10 days after submitting the report to the applicant, and after considering the applicant's response, if any, the committee shall prepare a final report for distribution to the commissioner, the applicant, and any other person who participated in the pre-application process.

History: Eff. 3/31/89, Register 109

Authority: AS 46.03.020

AS 46.03.313