Section 18 AAC 72.540 - Waiver(a) If the department determines that a waiver of a requirement of 18 AAC 72.501 - 18 AAC 72.560 will adequately protect public health, private water systems, and the environment, the department may waive or modify that requirement on a site-specific basis. The review of separation distance waivers to a public water system, or any component of one, falls under the requirements of 18 AAC 80.(b) A request to reduce a separation distance required under 18 AAC 72.100 or 18 AAC 72.520(a) - (g) must be submitted in a report that specifies each waiver being sought. The report must (1) be sealed by a registered engineer; the department will waive this requirement for a conventional onsite wastewater system if the department determines that (A) public health, public and private water systems, and the environment are adequately protected without this requirement;(B) the site of the proposed system is remote from a community with access to professional engineering services; and(C) the resulting cost of bringing a registered engineer to the site would be overly burdensome;(2) justify the lesser distance and explain how the lesser distance does not threaten public health, public and private water systems, or the environment;(3) describe soil classifications, groundwater conditions, surface topography, geology, and other environmental conditions that would assist the department in determining whether a lesser separation distance is protective; and(4) include a set of plans showing (A) the area's topography and groundwater flow direction;(B) the location of surface water in the area;(C) existing or potential sources of contamination in the area;(D) existing or proposed public and private drinking water sources in the area; and(E) details of the existing or proposed conventional wastewater system construction that will mitigate potential contamination of surface water, groundwater, and existing or proposed private drinking water sources;(5) if the separation distance reduction is to a private water system, provide information on the construction of the existing or proposed water system; and(6) include other information the department determines to be necessary to assess the effect of a lesser separation distance upon public health, private water systems, and the environment.(c) A request for modification of the construction requirements for a conventional wastewater system must include a report that specifies each variation being sought. The report must (1) be sealed by a registered engineer;(2) justify the waiver or modification of the specific construction requirement based on site-specific conditions relevant to the request;(3) include calculations, engineered plans of the system design, or other information that would assist the department in determining whether the waiver or modification requested will adversely impact the system performance and be protective of public health, public and private water systems, and the environment; and(4) include other information the department determines to be necessary to assess the effect of the waiver or modification requested.(d) The department will base its decision under this section on information submitted to justify the waiver or modification, the risk to public health, the risk to the environment, the protection of surface water, groundwater, and existing or proposed drinking water sources, and the impact on conventional wastewater system performance. As necessary, the department will require changes to the system construction as a condition of approval.(e) A request for a waiver or modification under this section must be accompanied by the applicable fee required under 18 AAC 72.955.Eff. 10/1/2023, Register 247, October 2023Authority:AS 44.46.020
AS 44.46.025
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.710