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(a) At any time before the department's decision under this section, the applicant may request an informal pre-issuance conference to discuss the progress of the application. The request will be granted if the applicant demonstrates that holding a conference will materially aid the department in reaching its decision. The conference will be tape recorded. In the department's discretion, the time period set in (c) of this section for review of the application will be held in abeyance until completion of the conference.
(b) If practicable, communications between the applicant and an employee of the department regarding the application should be in writing. If oral communications are made, other than at a pre-issuance conference, the department employee will prepare a memorandum for the record which identifies the person with whom the employee communicated, the date and time of the communication, and briefly summarizes the substance of the communication.
(c) Within 60 days after receipt of a complete application for siting approval, the department will issue either its preliminary decision to approve the application, or its disapproval. If the department's preliminary decision is to approve the application, the department will
(1) make the preliminary decision available for public comment;
(2) send a copy of the preliminary decision to members of the advisory committee and to each person who participated in the pre-application process under 18 AAC 63.020; and
(3) publish notice of a public hearing to be held in the community nearest to the location of the proposed facility.
(d) The department's final decision will be mailed to the applicant, to members of the advisory committee, and to each person who submitted timely comments on the application or who testified at a public meeting held under 18 AAC 63.020 or the public hearing held under this section. The final decision will include
(1) written approval or disapproval of the site proposed in the application, and a summary of the basis for the decision; and
(2) a statement that any person who is aggrieved by the department's decision may request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.
(e) Except as provided otherwise in (f) - (i) of this section, the department will, in its discretion, approve an application for the siting of a hazardous waste management facility within 180 days after receiving a complete application that shows that
(1) the pre-application requirements of 18 AAC 63.020 have been met;
(2) the application requirements of 18 AAC 63.030 are complete;
(3) the financial reporting requirements of 18 AAC 63.050 are complete; and
(4) the risk assessment, if required by 18 AAC 63.100, indicates that the risk of morbidity or mortality to an exposed member of the public is
(A) less than a 10 -6 (one in one million) risk; or
(B) greater than a 10 -6 (one in one million) but less than a 10 -4 (one in ten thousand) risk, in which case the department will, in its discretion, impose appropriate terms and conditions under (j) of this section.
(f) The department will, in its discretion, approve an application for the siting of a hazardous waste storage or treatment facility within 180 days after receiving a complete application that shows that the applicant has met
(1) the requirements listed in (e)(1) - (3) of this section; and
(2) the applicable location requirements of 18 AAC 63.040(a) , (b), and (c).
(g) The department will, in its discretion, approve an application for the siting of a hazardous waste underground injection well within 180 days after receiving a complete application that shows that the applicant has met
(1) the requirements listed in (e)(1) - (4) of this section;
(2) the applicable location requirements of 18 AAC 63.040(a) , (b), and (c); and
(3) the geologic and hydrological reporting requirements in 18 AAC 63.130.
(h) The department will, in its discretion, approve an application for the siting of a hazardous waste land facility or chemical waste landfill within 180 days after receiving a complete application that shows that the applicant has met
(1) the requirements listed in (e)(1) - (4) of this section;
(2) the applicable location requirements of 18 AAC 63.040(a) - (d);
(3) the geotechnical requirements of 18 AAC 63.120; and
(4) the geologic and hydrological reporting requirements in 18 AAC 63.130.
(i) The department will, in its discretion, approve an application for the siting of a hazardous waste or PCB incinerator within 180 days after receiving a complete application that shows that the applicant has met
(1) the requirements listed in (e)(1) - (4) of this section;
(2) the applicable location requirements of 18 AAC 63.040(a) , (b), and (c); and
(3) the design and air quality analysis requirements of 18 AAC 63.110.
(j) The department will, in its discretion, attach terms and conditions to its approval to ensure compliance with applicable state laws and regulations. The department will, in its discretion, include in its approval any commitments that were made by the applicant during the pre-application period described in 18 AAC 63.020, and that are within the department's authority to require.
(k) An approval under this section is valid only for the operations described in the application, and authorizes only that facility specified in the approval. If the operator subsequently wants to add a different type of operational unit, or modify the existing facility to increase its capacity in a manner that might cause an increase in release or discharge, the owner or operator shall notify the department and must show that the applicable setback requirements under this chapter will continue to be met and that the risk assessment made under this chapter remains valid.
( l ) Except in the case of a corporate restructuring, any approval issued under this chapter may not be transferred before the facility has received the corresponding approval required under 18 AAC 62, 40 C.F.R. 144.6, 40 C.F.R. 761.70, or 40 C.F.R. 761.75. After that, the approval under this chapter may be transferred only in conjunction with an approved transfer of the corresponding permit or approval.
(m) An approval under this chapter is void if
(1) the applicant fails to submit an application for a corresponding permit required under 18 AAC 62 or 40 C.F.R. 144.6, or approval required under 40 C.F.R. 761.70, or 40 C.F.R. 761.75; or
(2) an application for a corresponding permit required under 18 AAC 62 or 40 C.F.R. 144.6, or approval required under 40 C.F.R. 761.70, or 40 C.F.R. 761.75 is denied.
(n) The department will deny an application submitted for approval under this chapter if any applicable requirement of this chapter is not met, or if the department determines that the applicant has submitted false information as part of the application process.
History: Eff. 3/31/89, Register 109; am 7/11/2002, Register 163
Authority: AS 46.03.020
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Last modified 7/05/2006