Section 18 AAC 83.175 - Appeals(a) The permit applicant and any person who filed comments on the draft permit, or who both participated in a public hearing on the draft permit and raised the issues that are the subject of the informal review or adjudicatory hearing, may request review of the terms and conditions of a final APDES permit or any denial of an APDES permit application by filing a request for informal review under 18 AAC 15.185 or a request for adjudicatory hearing under 18 AAC 15.200. The provisions of 18 AAC 15.185 and 18 AAC 15.200 also apply to the review of any modification, revocation, or tennination of an APDES permit.(b) For purposes of (a) of this section, an AP DES permit includes an authorization to discharge under a general permit in accordance with 18 AAC 83.210. However, a review under 18 AAC 15.185 and 18 AAC 15.195 - 18 AAC 15.340 of the authorization to discharge under a general permit is limited to whether the authorization to discharge is for the type of discharge intended to be covered under the general permit and the appropriateness of any site-specific terms or conditions issued as part of the authorization to discharge under the general permit that were not otherwise specified in the general permit. The terms of a general permit previously approved by the department are not subject to review as part of the review of the authorization to discharge under a general permit under this subsection.(c) An APDES permit is not automatically stayed by the filing of a request for an adjudicatory hearing on the permit. A request to stay an APDES permit will be decided by the commissioner or by the commissioner's designee if the designee is a person other than the person who issued the contested decision.Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184; am 11/5/2017,Register 224, January 2018Authority: AS 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.110
AS 46.03.880