Section 18 AAC 87.210 - Preliminary permit decision(a) After receiving a complete application, the department will make a preliminary decision to issue or deny a permit after reviewing the information contained in the application and the public record, based on the (1) satisfactory completion of pre-application requirements in 18 AAC 87.100;(2) location requirements and restrictions in 18 AAC 87.300;(3) air quality control regulations in 18 AAC 50;(4) water quality standards in 18 AAC 70;(5) wastewater disposal regulations in 18 AAC 72;(6) Alaska Pollutant Discharge Elimination System regulations in 18 AAC 83; and(7) applicant's compliance history while conducting other operations regulated by the department under this title, including any notice of violation, mandatory compliance order, consent order, and any other administrative, civil, or criminal enforcement action; an applicant's compliance history constitutes sufficient basis for denial of approval if, in the department's determination, that history shows a pattern or practice of noncompliance that demonstrates the applicant's unwillingness or inability to achieve or maintain compliance with provisions of this chapter.(b) If the application receives preliminary approval from the department, the department will(1) prepare a draft permit, and make the preliminary decision available for public comment, following procedures in 18 AAC 87.220;(2) send a copy of the draft permit and preliminary decision to each of the entities in the pre-application process under 18 AAC 87.100(a)(3); and(3) request approval of the department's proposal to issue a permit from(A) the municipality with jurisdiction over the proposed facility site; or(B) the legislature, if the proposed facility site is located in the unorganized borough.(d) If the permit application is denied by the department, the department will(1) prepare and issue a response to the applicant, which documents the reason for denial of the permit; and(2) include a statement regarding the availability of informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195-18 AAC 15.340.Eff. 8/23/2023, Register 247, October 2023Authority:AS 18.45.025
AS 46.03.010
AS 46.03.020