Title 18 . Environmental Conservation

Chapter 72 . Administrative Enforcement

Section 280. Delegation of domestic wastewater system plan review

18 AAC 72.280. Delegation of domestic wastewater system plan review

(a) Except as provided in (i) of this section, the department will, in its discretion, delegate the authority to implement 18 AAC 72.005 - 18 AAC 72.280 to a municipality upon approval of an application for delegation.

(b) A municipality must submit an application for delegation to the director. The application must include the following information:

(1) a copy of the municipality's ordinances governing the subject matter of the proposed delegation;

(2) a description of pertinent enforcement processes, available to the municipality administratively and through initiation of court action, to ensure compliance with AS 46.03, this chapter, and the municipality's ordinances;

(3) a description of the administrative organization, staff, funding levels, and other resources that are available to the municipality to administer and enforce the municipality's requirements;

(4) information about the existence of insurance to cover personal injury and property damage;

(5) other information that the director considers necessary to the department's decision whether to delegate the department's authority.

(c) Within 90 days after receipt of a complete application for delegation, the department will, in its discretion, delegate the authority to implement 18 AAC 72.005 - 18 AAC 72.275 to a municipality if the department finds, after review of information submitted under (b) of this section and with respect to the subject matter of the proposed delegation, that

(1) the municipality's ordinances are at least as stringent as the requirements of AS 46.03 and this chapter;

(2) the municipality has sufficient resources and enforcement authorities to ensure uniform compliance with the requirements of AS 46.03 and this chapter; and

(3) the state is adequately protected from liability.

(d) For a delegation that the department has approved under (c) of this section to be valid, the director and the individual with administrative management authority for the municipality must sign the delegation. The delegation must include, at a minimum, terms and conditions that set out the following:

(1) the right of the department periodically to audit the municipality to ensure compliance with the terms and conditions of the delegation;

(2) the right of the department and the municipality to review and comment on proposed changes to regulations or ordinances addressing the subject matter of the delegation;

(3) the right of the department to require an annual report from the municipality summarizing the domestic wastewater systems that the municipality approved or inspected;

(4) the requirement that the municipality enforce the municipality's ordinances and that the ordinances be at least as stringent as the requirements of AS 46.03 and this chapter;

(5) indemnification of the state against liability, losses, or damages arising out of or in any manner connected with the department's delegation under this section; and

(6) the right of the department to terminate the delegation if the department determines

(A) a threat to public health, public and private water systems, or the environment; or

(B) that the delegation is not in the public interest.

(e) If the department determines, based on an audit conducted under (d) of this section or other information, that the municipality is not in compliance with the terms and conditions of the delegation, with AS 46.03, or with this chapter, the department will

(1) notify the municipality in writing of

(A) the areas in which the department has determined that the municipality is failing to comply; and

(B) the reasons for the department's determination;

(2) provide the municipality 30 days after receiving the notification under (1) of this subsection to

(A) explain why the municipality disagrees with the department's determination; or

(B) outline the steps that the municipality is taking or proposes to take to correct the areas of noncompliance.

(f) After reviewing the information received under (e) of this section, the department will, in its discretion,

(1) revoke the delegation, if the department finds that the municipality is not in compliance with the terms and conditions of the delegation, with AS 46.03, or with this chapter, and that the municipality is not likely to come into compliance;

(2) periodically review the actions of the municipality until compliance is achieved, if the department finds that the municipality is not in compliance with the terms and conditions of the delegation, with AS 46.03, or with this chapter, but that the municipality is taking sufficient steps to come into compliance; or

(3) modify the delegation as necessary to protect public health, public and private water systems, and the environment.

(g) If the department modifies or revokes a delegation under this section, the department will send a notice to the municipality stating that, based on the department's written findings,

(1) the delegation will be revoked or modified effective immediately, unless the notice gives a specific date on which the revocation or modification becomes effective; and

(2) the municipality may not continue to enforce its authority after the effective date of the revocation or modification.

(h) A municipality may not further delegate a delegation under this section.

(i) A delegation under this section does not include the issuance of permits under 18 AAC 72.215. A municipality with a delegation under this section is not required to charge a fee listed under 18 AAC 72.955.

(j) A delegation is effective upon signing under (d) of this section by both the director and the individual with administrative management authority for the municipality.

History: Eff. 4/1/99, Register 149; am 1/17/2002, Register 161

Authority: AS 44.46.020

AS 46.03.020

AS 46.03.050

AS 46.03.090