Section 18 AAC 75.730 - Decision on application for surface oiling permit; permit term and conditions(a) The department will, in its discretion, grant or deny an application submitted under 18 AAC 75.700. The department will consider the following criteria before issuing a decision under this section: (1) the potential for pollution of adjacent waters, including groundwater;(2) the potential for pollution of vegetation;(3) the need for the oiling, including local public opinion, and considerations of air quality as addressed by 18 AAC 50;(4) the predicted weather conditions for the time of the oiling; and(5) effects on the environment.(b) In addition to the specific terms and conditions set out in the permit, a surface oiling permit is subject to the following terms and conditions:(1) oil or other petroleum-derived dust retardants may not be applied to wet surfaces, frozen surfaces, or snow-covered surfaces; however, oil or other petroleum-derived dust retardants may be applied to a damp surface if deliberate dampening of the surface is part of the normal oiling procedure;(2) oil or other petroleum-derived dust retardants may be applied only in the minimum amounts necessary and may not be allowed to stand in ponds on the surface;(3) there may be no run-off of oil or other petroleum-derived dust retardants from the surface receiving the application;(4) oil or other petroleum-derived dust retardants may not be applied to any surface during precipitation or when precipitation is imminent;(5) there must be equipment such as brooms and mops on the job to prevent oily run-off and to spread any ponded oil or other petroleum derived dust retardants;(6) unless specifically allowed in the permit, in order to avoid drifting of droplets to adjacent vegetation and property, oil or other petroleum-derived dust retardants may not be applied if local wind speed is 15 miles per hour or greater;(7) the permittee shall inspect immediately the freshly-treated surface for oily run-off and ponding of oil or other petroleum-derived dust retardants;(8) to avoid offensive odors, only nonodorous oils and other petroleum-derived dust retardants may be used on surfaces near residential areas or on surfaces that receive considerable pedestrian traffic; odorous oils may be used only on rural surfaces where the odor is less likely to be noticeable and pedestrian traffic is minimal; and(9) no oil or other petroleum-derived dust retardants may be allowed to enter state waters or to enter upon private property.Eff. 5/14/92, Register 122Authority:AS 46.03.020
AS 46.03.740