Title 18 . Environmental Conservation

Chapter 63 . Administrative Enforcement

Section 30. Application requirements

18 AAC 63.030. Application requirements

(a) Upon completion of the pre-application requirements in 18 AAC 63.020, but no later than three years after the date of the advisory committee's final report, an applicant must submit to the commissioner a completed application, which must be signed as follows:

(1) in the case of a corporation, by a principal executive officer of at least the level of vice president, or that person's authorized representative if the representative is responsible for the overall management of the project or operation;

(2) in the case of a partnership, by a general partner;

(3) in the case of a sole proprietorship, by the proprietor; or

(4) if the operator is a municipal, state, federal, or other public agency, by a principal executive officer, an elected official, or other authorized employee.

(b) If the proposed operation will be located in, or might affect, the coastal zone of Alaska, the applicant shall complete and distribute the coastal project questionnaire required by 6 AAC 50.070.

(c) An application for siting approval must include

(1) a cover letter that

(A) identifies the owner and operator of the facility;

(B) contains a statement that the applicant is aware of all applicable local ordinances, local zoning requirements, and, if appropriate, the Alaska Coastal Management Program requirements of 6 AAC 50; and

(C) briefly describes

(i) the type of facility proposed;

(ii) the types, estimated quantities, and sources of wastes to be managed; and

(iii) the population and geographical area to be served;

(2) an aerial photograph, or set of photographs, on a scale of one centimeter equals 60 meters, which

(A) was taken within one year before the submittal date of the application, during a period of either minimum spring snow cover or minimal fall foliage cover; and

(B) includes an area extending out at least 3,500 meters in each direction from the proposed location of the active portions of the facility;

(3) a map, on the same scale and covering the same area as the aerial photograph described in (2) of this subsection, which clearly shows

(A) the location of the proposed activity;

(B) the property boundaries within which the proposed activity will take place;

(C) the existing and proposed vehicular access to the proposed activity;

(D) the applicable setback requirements of 18 AAC 63.040;

(E) identification of existing and proposed wells and boreholes;

(F) the location and boundaries of all rivers, lakes, streams, wetlands, floodplains, and tidal and freshwater drainages; and

(G) the location of any sole-source aquifer designated under 42 U.S.C. 300h-3 (sec. 1424 of the Safe Drinking Water Act; Public Law 93-523);

(4) an aerial photograph, or set of photographs, on a scale of one centimeter equals 600 meters, which

(A) was taken within one year before the submittal date of the application, during a period of either minimum spring snow cover or minimal fall foliage cover; and

(B) includes an area extending out at least 5,000 meters in each direction from the location of the proposed active portions of the facility;

(5) a map, on the same scale and covering the same area as the aerial photograph described in (4) of this subsection, which clearly shows

(A) the location of any area described in 18 AAC 63.040(c) , including any critical habitat area, state game refuge, state game sanctuary, state range area, state wildlife reserve, areas subject to potential geophysical hazards, national wildlife refuge, national monument, and any designated wild and scenic river; and

(B) the nature, function, and land use zoning classification of each property immediately adjacent to each active portion of the proposed facility;

(6) a discussion of how the applicant plans to

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

(B) report emissions and spills to the public;

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

(D) prevent or mitigate effects on public health resulting from on-site accidents or spills; and

(E) prevent or mitigate conditions that would adversely affect agricultural or natural resources, or fish and wildlife or their habitats;

(7) a description of routes of transportation to and from the site, and safety considerations;

(8) a description of potential impact on property values near the site due to construction and operation of the proposed facility;

(9) a discussion of how the proposed facility is compatible with existing land use patterns;

(10) proof that the landowner has received written notice that fully describes the proposed activity; the proof must include

(A) the pages from a lease agreement that are clearly relevant to the proposed activity, including the signature page; or

(B) a written statement signed by the landowner, stating that the landowner consents to the proposed activity;

(11) the financial assurance and compliance history reports described in 18 AAC 63.050;

(12) the applicable documents required by 18 AAC 63.100 - 18 AAC 63.130; and

(13) a written statement confirming that the requirements of 18 AAC 63.020 have been met, and

(A) a copy of all supporting documents, including a copy of each public notice required under 18 AAC 63.020(a) (2), and the publisher's affidavit of publication for each notice published in a newspaper;

(B) a list of the names and addresses of all persons who sent letters or are known to have attended public meetings concerning the application;

(C) a copy of the applicant's written responses to concerns expressed during the pre-application period, including commitments made by the applicant to address those concerns; and

(D) a copy of the advisory committee's final report.

(d) If an application is deficient, the department will notify the applicant by certified mail within 30 days after receipt of the application, describing the deficiencies and identifying the information that must be submitted. The time period set in 18 AAC 63.500(c) for review of an application will be held in abeyance until receipt of the required information. When the deficiencies are corrected, the application will be considered complete, and the department will continue processing the application. The department will issue its decision on the application within 180 days after determining that the application is complete.

(e) If the applicant fails to submit the application required under this chapter, and the corresponding application required under 18 AAC 62, 40 C.F.R. 144.31, 40 C.F.R. 761.70, or 40 C.F.R. 761.75, within three years after the date of the advisory committee's final report, the applicant must repeat the requirements of 18 AAC 63.020.

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

Authority: AS 46.03.020

AS 46.03.313