Section 18 AAC 87.200 - Application requirements(a) Upon completion of the pre-application requirements in 18 AAC 87.100, but not later than three years after the public notice, an applicant must submit a completed application to the department that must be signed as follows: (1) for a corporation, a responsible corporate officer shall sign the application; in this paragraph, "responsible corporate officer" means(A) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or(B) the manager of one or more manufacturing, production, or operating facilities, if(i) the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental statutes and regulations;(ii) the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and(iii) authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; (2) for a limited liability company, a member within the meaning given in AS 10.50.990 shall sign the application;(3) for a partnership, limited partnership, or sole proprietorship, the general partner or the proprietor, as relevant, shall sign the application;(4) for a municipality, state, or other public agency, either a principal executive officer or ranking elected official shall sign the application; in this paragraph, "principal executive officer" means(A) the chief executive officer of the agency; or(B) a senior executive officer having responsibility for the overall operations of a principal geographic unit or division of the agency.(b) An application for siting approval must include(1) a cover letter that (A) describes the proposed facility;(B) identifies the owner and operator of the facility;(C) includes a general narrative description of the site topography, geology, climate, surface hydrology, and groundwater hydrology; and(D) contains a statement that the applicant is aware of all applicable local ordinances and local planning or zoning requirements;(2) a copy of a letter accepting a complete application for licensing from the United States Nuclear Regulatory Commission;(3) a completed permit application on a form supplied by the department, or on an equivalent form approved by the department;(4) an aerial photograph, or set of photographs in each of the following scales: (A) one centimeter to 60 meters; the photograph, or set of photographs, must(i) be taken not more than one year before the date the permit application is submitted, during a period of either minimum spring snow cover or minimal fall foliage cover; and(ii) include an area extending out at least 3,500 meters in each direction from the proposed location of the active portions of the facility;(B) one centimeter to 600 meters; the photograph, or set of photographs, must(i) be taken not more than one year before the date the permit application is submitted, during a period of either minimum spring snow cover or minimal fall foliage cover; and(ii) include an area extending out at least 5,000 meters in each direction from the location of the proposed active portions of the proposed facility;(5) a map in each of the following scales:(A) one centimeter to 60 meters; the map must clearly show(i) the location of the proposed facility;(ii) the property boundaries within which the proposed facility will operate;(iii) the existing and proposed vehicular access to the proposed site;(iv) the applicable separation distance requirements for the facility type as set out in 18 AAC 87.300(b);(v) the location of known or inferred boundaries of permafrost or discontinuous permafrost;(vi) the location and boundaries of all rivers, lakes, streams, wetlands, floodplains, coastal areas, areas susceptible to landslides or avalanches, and tidal and freshwater drainages within 500 feet of the proposed facility; and(vii) the location of any drinking water wells located within 2,000 feet of the proposed facility;(B) one centimeter to 600 meters; the map must clearly show (i) the location of any area described in 18 AAC 87.300(e);(ii) the nature, function, and land use zoning classification of each property contiguous to the proposed facility; and(iii) areas subject to potential geophysical hazards;(6) a discussion of how the applicant plans to monitor for facility emissions to the air, water, and land;(7) a copy of the deed to the property for the facility, or of some other instrument that is routinely examined during a title search and that identifies the landowner; that copy must be accompanied by (A) a copy of any lease agreement relevant to the proposed activity; or(B) a written statement signed by the landowner, showing that the landowner consents to the proposed facility;(8) a written statement confirming that the requirements of 18 AAC 87.100 are met, and (A) a copy of all supporting documents, including a copy of each public notice required under 18 AAC 87.100(a) and the publisher's affidavit of publication for each notice published in a newspaper;(B) a list of the names and addresses of all persons who were sent facility siting notification letters under 18 AAC 87.100(a); and(C) a copy of comments submitted and the applicant's written responses to concerns expressed during the pre-application period, including commitments made by the applicant to address those concerns.(c) If an application is deficient, the department will notify the applicant and will describe the application's deficiencies. When the applicant corrects the application's deficiencies, the department will consider the application complete and will continue processing the application.(d) If an applicant fails to submit the application required under this chapter not more than three years after the date of the public notice required in the pre-application process, the applicant must repeat the requirements of 18 AAC 87.100.Eff. 8/23/2023, Register 247, October 2023Authority:AS 18.45.020
AS 18.45.025
AS 18.45.900
AS 46.03.010
AS 46.03.020