Title 18 . Environmental Conservation

Chapter 80 . Administrative Enforcement

Section 1210. Notice of violation

18 AAC 80.1210. Notice of violation

(a) Before assessing an administrative penalty under 18 AAC 80.1200 - 18 AAC 80.1290, the department will provide to the entity, by personal service or by certified mail, return receipt requested, a written notice in conformance with AS 46.03.761 (b) of the violation. The department will send a copy of the notice of violation to the governing body of the community or municipality whose residents are served by the public water system.

(b) In the written notice under (a) of this section, the department will

(1) include each date of the violation;

(2) include a description of the nature of the violation, and what regulation, order, permit, approval, or certificate the entity allegedly violated;

(3) inform the entity of the amount of time allowed to correct the violation; the amount of time allowed to correct the violation will be based on

(A) the nature of the violation;

(B) whether the violation poses an immediate threat to the public health; and

(C) the public health risk factors presented by the violation;

(4) unless the violation poses an immediate threat to the public health, inform the entity that the entity may request an extension of each deadline provided in the notice of violation, if the entity submits information demonstrating that the extension is not sought for purposes of delay, the public health is adequately protected, and the required construction or alteration of facilities cannot reasonably be completed in the time allowed in the notice of violation; and

(5) if the department determines that the entity lacks the resources or expertise to obtain technical assistance from other sources, include an offer of technical assistance from the department to the entity; for purposes of this paragraph, a public water system lacks the resources or expertise to get technical assistance from other sources if

(A) the public water system is not capable of consistently producing and delivering water in compliance with this chapter; in making this determination, the department will examine the

(i) adequacy of the source water;

(ii) physical infrastructure adequacy in terms of treatment, storage, and distribution; and

(iii) ability of system personnel to operate and maintain the system adequately and otherwise implement technical knowledge;

(B) the public water system does not have the financial resources necessary to hire an independent engineer and consistently produce and deliver water in compliance with this chapter; in making this determination, the department will examine the entity's

(i) revenue sufficiency;

(ii) creditworthiness; and

(iii) fiscal controls;

(C) the entity is not capable of providing the management structure necessary for the consistent production and delivery of water in compliance with this chapter; in making this determination, the department will examine the entity's

(i) ownership accountability;

(ii) staffing;

(iii) organization; and

(iv) means of communication with customers, professional service providers, the department, and other regulatory agencies; and

(D) the public water system is not served by a circuit rider through a regional health corporation or the department.

(c) The department may grant an extension of the deadlines in the notice of violation if the department determines that good cause exists, based on the information that the entity submits under (b)(4) of this section.

(d) An extension granted under (c) of this section may be withdrawn if the department determines that the entity is not taking the steps necessary to achieve compliance by the extended deadline.

(e) If an offer of technical assistance made under (b)(5) of this section is not accepted within two working days after receipt of the offer, the department will assume that technical assistance is not being requested.

History: Eff. 9/21/2002, Register 163; am 1/11/2006, Register 177

Authority: AS 46.03.020

AS 46.03.761

AS 46.03.850