18 AAC 72.201 - Exceptions to prior written approval of engineering plans

(a) Prior written approval of plans is not required for routine maintenance.

(b) Prior written approval of plans is not required for repairs to address an emergency. The owner or operator shall notify the department as required under 18 AAC 72.940.

(c) The department may evaluate a request to replace a component of a wastewater collection, storage, treatment, or disposal system with an equivalent component on a case-by-case basis.

(d) Prior written approval of plans is not required for a sewer service line installation or modification that does not affect the design capacity or result in the overloading of the wastewater collection, treatment, or disposal system. The service line connection may not result in the discharge of wastewater to a system that was not designed to accept the volume or type of waste as approved or permitted by the department. To qualify for this exception, the collection, treatment, and disposal system to which the service line is connected must be owned by a local government organization, or a private or public utility. If the service line is integral to the design and operation of a collection system, this exception does not apply.

(e) Prior written approval of plans for installation or modification of a sewer main is not required for an existing wastewater utility with a certified operator if the utility has been issued an exception under this subsection as follows:

(1) to request an exception to prior written plan approval to construct, install, renovate, or improve a collection system, a wastewater utility must

(A) submit a written application for the exception to the department;

(B) maintain current standards of construction on file with and approved by the department;

(C) certify that the design and construction of any sewer main installed under the exception will be completed in conformance with the standards of construction described in (B) of this paragraph;

(D) certify that the utility will employ and maintain staff qualified to plan, design, construct, operate, and inspect the sewer mains installed under the exception; and

(E) maintain an updated list with the names and professional qualifications of the staff proposed to design and oversee installation of the sewer mains installed under this exception; the department will make the final determination on whether the staff are sufficiently qualified;

(2) if the department grants an exception under this subsection, the department will notify the wastewater utility in writing, specifying the scope and duration of the exception, any conditions for maintaining the exception, and the date on or before which any application for renewal must be submitted to the department;

(3) not later than December 31 of each year, the wastewater utility must submit to the department an updated utility map or set of engineering plans that highlights projects completed under the exception;

(4) the department may conduct periodic audits of the wastewater utility's oversight of projects that began under the authority of this subsection;

(5) the department may deny or revoke the exception granted under this subsection if the department determines that the utility does not qualify for the exception, that the utility is not in compliance with the terms of this subsection, or that the exception creates a risk to public health.

Notes

18 AAC 72.201

Eff. 10/1/2023, Register 247, October 2023

Authority: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 46.03.120