Section 18 AAC 72.110 - Delegation of authority(a) Except as provided in (i) of this section, the department may delegate all or partial authority to implement 18 AAC 72.005-18 AAC 72.660 to a municipality, city, borough, or other local government organization, upon approval of an i application for delegation.(b) An entity described in (a) of this section must submit an application for delegation to the director. The application must include the following information: (1) a copy of the entity's ordinances governing the subject matter of the proposed delegation;(2) a description of pertinent enforcement processes available to the entity, administratively and through initiation of court action, to ensure compliance with AS 46.03, this chapter, and the entity's ordinances;(3) a description of the entity's administrative organization, staff, funding levels, and other resources that are available to administer and enforce the entity's requirements; and(4) other information that the director considers necessary to the department's decision whether to delegate the department's authority.(c) Not later than 90 days after receipt of a complete application for delegation, the department may delegate the authority to implement 18 AAC 72.005 - 18 AAC 72.660, or a portion of those provisions, to an entity described in (a) of this section 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 entity's ordinances are at least as stringent as the requirements of AS 46.03 and this chapter;(2) the entity 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) A delegation the department has approved under (c) of this section is effective upon the execution by both the director and the individual with administrative management authority for an entity described in (a) of this section. In the delegation, the department will include at a minimum terms and conditions that set out the following: (1) the right of the department to periodically audit the entity to ensure compliance with the terms and conditions of the delegation;(2) the right of the department and the entity 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 entity summarizing the wastewater systems the entity approved or inspected;(4) the requirement that the entity enforce the ordinances; and(5) the right of the department to terminate the delegation if the department determines that the delegation(A) creates a threat to public health, public and private water systems, or the environment; or(B) 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 entity 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 entity in writing of, (A) the areas in which the department has determined that the entity is failing to comply; and(B) the reasons for the department's determination; and(2) allow the entity 30 days after receiving the notification under (1) of the subsection to(A) explain why the entity disagrees with the department's determination; or(B) outline the steps that the entity 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 may (1) revoke the delegation, if the department finds that the entity is not in compliance with the terms and conditions of the delegation, with AS 46.03, or with this chapter, and that the entity is not likely to come into compliance;(2) periodically review the actions of the entity until compliance is achieved, if the department finds that the entity is not in compliance with the terms and conditions of the delegation, with AS 46.03, or with this chapter, but that the entity 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 entity 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 entity may not continue to enforce its authority after the effective date of the revocation or modification.(h) An entity 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 72.010 or 18 AAC 83. An entity with a delegation under this section is not required to charge a fee listed under 18 AAC 72.955.Eff. 10/1/2023, Register 247, October 2023The subject matter of 18 AAC 72.110 (delegation of authority) was previously located in 18 AAC 72.280. The history of 18 AAC 72.110 does not include the history of the previous section.
Authority:AS 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100