Section 3 AAC 52.700 - Exempt water or wastewater utilities(a) A water or wastewater utility, is exempt from provisions of AS 42.05 requiring a certificate of public convenience and necessity or relating to economic regulation within the meaning of 3 AAC 48.820, if the water or wastewater utility (1) collects or transports wastewater only by tank, wagon, or similar conveyance, unless the water or wastewater utility provides the service to a public utility that is an affiliated interest;(2) provides water or wastewater service to a mobile home community exclusively, without a charge separate from the rent paid by tenants of that community; in this paragraph "mobile home community" means a piece of real property on which the owner develops for lease two or more sites for locating but not permanently affixing mobile homes;(3) provides bulk water sales exclusively to water haul vehicles or individuals who self-haul water;(4) serves fewer than 15 service connections;(5) is a water utility that(A) is within the service area of and receives bulk water service from a water utility with (i) a certificate of public convenience and necessity; or(ii) provisional certification under 3 AAC 52.720 - 3 AAC 52.738;(B) and does not (i) create a different pressure zone from the main;(ii) provide additional treatment to the water supply before distribution;(iii) sub-meter the water; or(iv) require payment as a separate line-item on a bill; or(6) is a wastewater utility that (A) is within the service area of and receives bulk wastewater service from a wastewater utility with (i) a certificate of public convenience and necessity; or(ii) provisional certification under 3 AAC 52.720 - 3 AAC 52.738; and(B) does not: (i) treat the wastewater; or(ii) require payment as a separate line-item on a bill.(b) Exemption from regulation under this section may be terminated as provided in AS 42.05.712(h) or by order of the commission for good cause.(c) A utility that is exempt under this section may apply for provisional certification by filing an application that complies with 3 AAC 52.722.Eff. 6/19/2004, Register 170; am 6/3/2007, Register 182Authority:AS 42.05.141
AS 42.05.151
AS 42.05.221
AS 42.05.241
AS 42.05.691
AS 42.05.711
AS 42.05.712