1. (a) The department will, in its discretion, grant or deny an application submitted under 18 AAC 75.700. The department will consider the following criteria before issuing a decision under this section:

   1. (1) the potential for pollution of adjacent waters, including groundwater;
   2. (2) the potential for pollution of vegetation;
   3. (3) the need for the oiling, including local public opinion, and considerations of air quality as addressed by 18 AAC 50;
   4. (4) the predicted weather conditions for the time of the oiling; and
   5. (5) effects on the environment.

2. (b) In addition to the specific terms and conditions set out in the permit, a surface oiling permit is subject to the following terms and conditions:

   1. (1) oil or other petroleum-derived dust retardants may not be applied to wet surfaces, frozen surfaces, or snow-covered surfaces; however, oil or other petroleum-derived dust retardants may be applied to a damp surface if deliberate dampening of the surface is part of the normal oiling procedure;
   2. (2) oil or other petroleum-derived dust retardants may be applied only in the minimum amounts necessary and may not be allowed to stand in ponds on the surface;
   3. (3) there may be no run-off of oil or other petroleum-derived dust retardants from the surface receiving the application;
   4. (4) oil or other petroleum-derived dust retardants may not be applied to any surface during precipitation or when precipitation is imminent;
   5. (5) there must be equipment such as brooms and mops on the job to prevent oily run-off and to spread any ponded oil or other petroleum derived dust retardants;
   6. (6) unless specifically allowed in the permit, in order to avoid drifting of droplets to adjacent vegetation and property, oil or other petroleum-derived dust retardants may not be applied if local wind speed is 15 miles per hour or greater;
   7. (7) the permittee shall inspect immediately the freshly-treated surface for oily run-off and ponding of oil or other petroleum-derived dust retardants;
   8. (8) to avoid offensive odors, only nonodorous oils and other petroleum-derived dust retardants may be used on surfaces near residential areas or on surfaces that receive considerable pedestrian traffic; odorous oils may be used only on rural surfaces where the odor is less likely to be noticeable and pedestrian traffic is minimal; and
   9. (9) no oil or other petroleum-derived dust retardants may be allowed to enter state waters or to enter upon private property.

(Eff. 5/14/92, Register 122)

Authority: AS 46.03.020, AS 46.03.740