1. (a) If the department agrees that a waiver of a provision of 18 AAC 72.010 - 18 AAC 72.660 will not violate a requirement of 18 AAC 83 and will be protective of public health, public and private water systems, and the environment, the department may waive or modify that provision.

2. (b) A request for a waiver must include the fee required under 18 AAC 72.955 or 18 AAC 72.959 and a report specifying each waiver that is sought. Except as otherwise provided in 18 AAC 72.540, the report required under this subsection must

   1. (1) be sealed by a registered engineer;
   2. (2) justify and explain how the waiver does not threaten public health, public and private water systems, and the environment;
   3. (3) describe soil classifications, groundwater conditions, surface topography, geology, and other environmental conditions that would assist the department in reviewing the waiver;
   4. (4) describe the construction methods and materials that will mitigate adverse impacts on public and private water systems, surface waters, and the environment; and

   5. (5) for waivers of minimum treatment requirements, describe

      1. (A) the wastewater volume, characteristics, frequency, and duration of the discharge; and
      2. (B) existing and potential uses of the land or water where the discharge occurs.

(Eff. 4/1/99, Register 149; am 1/17/2002, Register 161; am 7/29/2006, Register 179; am 10/1/2023, Register 247)

Authority: AS 44.46.020, AS 46.03.020, AS 46.03.100, AS 44.46.025, AS 46.03.050, AS 46.03.710