18 AAC 90.520. Public notice requirements; public hearings

(a) A person required to have a permit under 18 AAC 90.500 or 18 AAC 90.505 must publish a public notice as required by 18 AAC 15.050 if the proposed pesticide application is

(1) on

(A) a state-owned right-of-way, except where the proposed pesticide application is on less than 20 acres of land on a right-of-way wholly within the boundaries of an airport owned by either the state or a municipality;

(B) more than 20 acres of state-owned land; or

(2) to waters of the state; or

(3) applied by aircraft or helicopter.

(b) The department may schedule a public hearing for a permit application subject to this section if the department finds that good cause exists, even if a hearing has not been requested under 18 AAC 15.060(a) .

(c) An applicant must publish the notice of public hearing no fewer than 10 days before the hearing. A hearing under this section is subject to 18 AAC 15.060(c) -(h). If a public hearing is held, the applicant must provide a transcript of the hearing to the department within 15 days after the hearing.

(d) Upon receipt of a permit application for which a public notice must be published under (a) of this section, the department may send a copy of the permit application and the public notice to appropriate local, state, and federal agencies requesting that any comments on the application be submitted in writing to the department within 21 days after the department mails out the copy.

(e) If an applicant submits a permit application under 18 AAC 90.505 for forestry vegetation management where a pesticide is to be applied by aircraft or helicopter, the applicant may not publish public notice until the department sends the applicant the copy of comments or notification described in this subsection. Upon receipt of the application, the department will immediately send a copy of the permit application to the Department of Natural Resources for review and comment, requesting that any comments on the permit application be submitted in writing to the department within 21 days after the department mails out the copy. Upon receipt of those comments or the expiration of the 21-day period without receipt of comments, the department will send the applicant a copy of those comments or a notification that comments were not received. The applicant may make changes to the permit application to address any comments and must submit those changes, in writing, to the department within 10 days after the applicant receives the comments. After submitting any changes to the department, the applicant must publish public notice under (a) of this section.

(f) An applicant for a permit for forestry vegetation management where a pesticide is to be applied by aircraft or helicopter shall make the following available for public review during the period for filing written public comments with the department:

(1) comments from the Department of Natural Resources or a statement that comments from that department were not received before public notice was published;

(2) a description of any changes to the permit application in response to comments from the Department of Natural Resources.

History: Eff. 2/15/98, Register 145; am 3/31/2002, Register 161; am 1/30/2003, Register 168

Authority: AS 41.17.100

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