11 Alaska Admin. Code § 90.109

Current through May 31, 2024

Section 11 AAC 90.109 - Provisional permit

(a) The commissioner will issue a provisional permit, revocable under (c) of this section, to an applicant eligible under (b) of this section who owns or controls a surface coal mining and reclamation operation with

(1) a notice of violation for which the abatement period has not yet expired; or

(2) a violation that is unabated or uncorrected beyond the abatement or correction period.

(b) An applicant is eligible for a provisional permit if the applicant demonstrates, with respect to each violation listed in (a) of this section, one or more of the following:

(1) for a violation meeting the criteria of (a)(1) of this section, the applicant certifies that the applicant has abated or is in the process of abating the violation to the satisfaction of the regulatory authority with jurisdiction over the violation and the commissioner has no evidence to the contrary;

(2) the applicant and applicant's operator, and each operation the applicant or the applicant's operator owns or controls are in compliance with the terms of any abatement plan or payment schedule approved by the agency with jurisdiction over the violation;

(3) the applicant is pursuing a good-faith

(A) challenge to all pertinent ownership or control listings or findings under 11 AAC 90.137; or

(B) administrative or judicial appeal of all pertinent ownership or control listings or findings, unless there is an initial judicial decision affirming the listing or finding and that decision remains in force;

(4) the violation is the subject of a good-faith administrative or judicial appeal contesting the validity of the violation, unless there is an initial judicial decision affirming the violation and that decision remains in force.

(c) The commissioner will consider a provisional permit to be improvidently issued and will make preliminary findings under 11 AAC 90.134 to propose a suspension or rescission of the provisional permit under 11 AAC 90.136 if there if any of the following occurs:

(1) a violation, that the applicant certified as being abated under (b)(1) of this section, is not abated within the specified abatement period;

(2) the applicant, the applicant's operator, or an operation that the applicant or the applicant's operator owns or controls, does not comply with the terms of an abatement plan or payment schedule referenced in (b)(2) of this section;

(3) in the absence of a request for judicial review, the disposition of a challenge or any subsequent administrative review referenced in (b)(3) or (4) of this section affirms the validity of the violation or the ownership or control listing or finding; or

(4) the initial judicial decision referenced in (b)(3)(B) or (4) of this section affirms the validity of the violation or the ownership or control listing or finding.

11 AAC 90.109

Eff. 7/7/2022, Register 243, October 2022

Authority:AS 27.21.030

AS 27.21.180