18 AAC 78.534. Project priority ranking procedure

(a) The department will prioritize requests for projects eligible for financial assistance under this chapter on a fiscal year basis using a point system established by the board with the highest priority given to previously funded continuing cleanup projects authorized under AS 46.03.420 .

(b) The department will prioritize requests for projects eligible for financial assistance under AS 46.03.420 or sec. 3, ch. 107, SLA 1994 according to a system that bases project scores on

(1) the threat to human health or safety or to the environment as determined by information submitted in the hazard ranking evaluation form described in 18 AAC 78.235(a) (4), with the greater emphasis given to threats to human health or safety;

(2) the distance to and the accessibility of an alternative retail fuel source;

(3) measures taken by the owner or operator under an approved corrective action plan that are designed to prevent the further spread of contamination;

(4) the date the completed application was received by the department;

(5) whether the project is a continuing project previously funded under AS 46.03.420 ; and

(6) other criteria determined appropriate by the board during dispute resolution under 18 AAC 78.950.

(c) The department will prioritize requests for projects eligible for financial assistance under AS 46.03.422 based on the date the completed application was received by the department.

(d) If the requests for projects eligible for financial assistance under AS 46.03.422 exceed the funds allocated by the board under 18 AAC 78.535, the department will prioritize requests according to a system that bases project scores on

(1) the threat to human health or safety or to the environment as determined by information initially submitted under AS 46.03.420 in the hazard ranking evaluation form described in 18 AAC 78.235(a) (4), with the greater emphasis given to threats to human health or safety;

(2) the date the completed application was received by the department; and

(3) other criteria determined appropriate by the board during dispute resolution under 18 AAC 78.950.

(e) The department will prioritize requests for projects eligible for an upgrading grant under AS 46.03.430 according to a system that bases project scores on

(1) whether secondary containment with interstitial monitoring is proposed; "secondary containment" includes a pit liner if that liner is covered to exclude surface water entry;

(2) whether a potential threat to human health or safety or to the environment would be mitigated by upgrading the existing UST as determined by the distance to the nearest drinking water well;

(3) whether the proposed upgrade incorporates a special or unique design feature that exceeds normal standards or codes of practice to compensate for climatic influences;

(4) whether the existing UST has been or will be replaced instead of upgraded;

(5) whether the applicant has already initiated or completed upgrading activities at the facility;

(6) the distance to and the accessibility of an alternative retail fuel source;

(7) the date the completed application was received by the department; and

(8) other criteria determined appropriate by the board during dispute resolution under 18 AAC 78.950.

(f) The department will prioritize requests for projects eligible for a closure grant under AS 46.03.430 according to a system that bases project scores on

(1) whether the UST is to be removed from the ground instead of closed in place;

(2) whether a potential threat to human health or safety or to the environment would be mitigated by closing the existing UST as determined by the distance to the nearest drinking water well;

(3) the age of the UST to be closed;

(4) whether the applicant has already initiated or completed closure activities at the facility;

(5) the accessibility of the UST;

(6) the date the completed application was received by the department; and

(7) other criteria determined appropriate by the board during dispute resolution under 18 AAC 78.950.

(g) Except as provided in (c) of this section, the board will publish notice of, and receive public comment for 30 days on, the priority lists developed under (b), (d), (e), and (f) of this section. The department will revise the lists, if necessary, to reflect pertinent public testimony. Applicants will be notified of eligibility for financial assistance within 30 days after the close of the public comment period.

(h) The department will notify eligible applicants of available financial assistance within 30 days after the annual allocation by the board under 18 AAC 78.535.

History: Eff. 1/27/94, Register 129; am 6/23/94, Register 130; am 11/3/95, Register 136; am 1/22/99, Register 149; am 4/16/2000, Register 154; am 1/30/2003, Register 165

Authority: AS 46.03.020

Sec. 3, ch. 107,

SLA 1994

Sec. 16, ch. 70,

SLA 1999

Editor's note: The substance of this section was formerly designated as 18\n AAC 78.540.

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