1. (a) The department may issue a general permit for one or more types of pesticide application subject to the permit requirements of this chapter.
2. (b) General permit development may be initiated by the department, or at the request of one or more persons.

3. (c) A general permit may be developed for a type of pesticide application if the proposed application

   1. (1) involves control of similar species;
   2. (2) is limited to a specific pesticide or list of pesticides;
   3. (3) will be performed by an applicator certified by the department; and
   4. (4) is, in the department's determination, best regulated under a general permit.
4. (d) The department will restrict the coverage of a general permit to certain geographic areas or water body types, or add other limitations as necessary to protect human health, safety, or welfare, animals, or the environment.
5. (e) The department will include conditions in the general permit that the department determines necessary to ensure that there will be no unreasonable adverse effect from the application of pesticides.
6. (f) For a general permit that proposes aerial application of pesticides for forestry management, and before public notice, the department will send a copy of the draft general permit to the Department of Natural Resources and will request that any comments on the draft general permit be submitted in writing to the department no more than 21 days after receiving a copy of the draft general permit. The department will modify the draft general permit as necessary to address any comments received.

7. (g) The department will give notice to the public that a draft general permit has been prepared under this section. The public notice

   1. (1) may describe more than one permit or permit action;
   2. (2) will be consistent with the public notice requirements of 18 AAC 15.050(c); and
   3. (3) will allow at least 30 days for public comment on the draft general permit.

8. (h) The department will hold a public hearing on a draft general permit under this section if

   1. (1) no more than 30 days after the second publication under (g)(2) of this section, a hearing is requested under 18 AAC 15.060(a); or
   2. (2) the department finds that good cause exists, even if a hearing has not been requested under (1) of this subsection.
9. (i) A public hearing held under (h) of this section will be conducted in accordance with 18 AAC 15.060(c) - (h).
10. (j) At the conclusion of the public comment period and any public hearing held under (h) of this section, the department will either issue or deny the general permit. A copy of the department's decision will be sent to any person who submitted written comments on the draft general permit. The decision will include a statement that any person who is aggrieved by the decision may request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.
11. (k) A general permit issued under this section will be for a fixed term not to exceed five years.

12. (l) The department may renew a general permit issued under this section. Public notice of the renewed general permit will be provided if

    1. (1) the renewed general permit includes additional pesticides;
    2. (2) the renewed general permit includes changes that could impact human health, safety, or welfare, animals, or the environment and that are not addressed in the original permit; or
    3. (3) the department, in its discretion, determines that additional notice would be in the best interest of the public.

(Eff. 7/5/2019, Register 231)

Authority: AS 41.17.100, AS 46.03.020, AS 46.03.330, AS 46.03.010, AS 46.03.320, AS 46.03.730