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Alaska Administrative Code (Last Updated: January 12, 2017) |
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Title 17. Transportation and Public Facilities. |
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Chapter 17.97. Naturally Occurring Asbestos. |
Section 17.97.030. Procedures for establishment of designated area.
Latest version.
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(a) The procedures for establishing a designated area at the request of a municipality or person outside the limits of a municipality are as follows: (1) if all or part of the proposed designated area is within the limits of a municipality, the applicant must be the municipality; (2) if the proposed designated area is inside the limits of a community and outside the limits of a municipality, the community may apply; (3) if the proposed designated area is outside the limits of a community and outside the limits of a municipality, any person may apply; (4) the applicant may request the establishment of a designated area by submitting an application to the department containing (A) a cover letter addressed to the department's chief engineer requesting the establishment of a designated area under AS 44.42.400; if the applicant is a municipality, the letter may be signed by the principal executive officer, an elected official, or other authorized employee; (B) a resolution from the governing elected body of the municipality requesting the designation of the area under AS 44.42.400(b), if any part of the proposed designated area is within a municipality; (C) a specific description of the proposed boundaries of the designated area with documentation describing the rationale for the proposed boundaries; the description must include mapping that depicts the limits of the proposed designated area and the material sites evaluated under (D) and (E) of this paragraph; (D) reports of tests documenting the presence of naturally occurring asbestos in gravel or other aggregate material in the proposed designated area that, when tested using the bulk test method prescribed in 17 AAC 97.020, is determined to have a content equal to or greater than 0.25 percent of naturally occurring asbestos; those test results must include information regarding sampling protocols used to establish the presence of naturally occurring asbestos; (E) information related to the availability of gravel or other aggregate material free from naturally occurring asbestos in the proposed designated area; and (F) information related to the project costs associated with using naturally occurring asbestos; (5) upon receipt of an application, the department will not issue a determination until it has (A) reviewed all information submitted; (B) analyzed the effect of the presence of naturally occurring asbestos on construction projects in the proposed designated area; and (C) solicited and considered public input; (6) in addition to the information required in (4) of this subsection, the department may request that additional information or studies it determines relevant and necessary, to include additional testing, sampling, or surveys, be provided in order to process the application; the department will not pay for, conduct, or contract for any testing required to process the application; (7) the department will process the application not later than 90 days after receipt of the complete application; if the department needs additional time to process the application, the department will issue a public notice to extend the 90 days; (8) the department will issue a written determination of approval or disapproval of the application; if the department approves the application, the department will include in the approval a specific description of the boundaries of the designated area; the department will provide a copy of the written determination to the applicant; (9) the department may wholly approve or wholly disapprove an application; the department may revise the boundaries proposed by the applicant of the area to be established as a designated area; (10) after approval of a designated area, the department will notify potentially affected persons that the area has been designated as an area where landowners and contractors may be granted immunity under AS 09.65.245(a) (immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants) from a civil action or claim for damages or costs; (11) an applicant may request at any time that the department withdraw a designated area from designation; if all or part of the designated area is within a municipality or community, the municipality or community must be the applicant to withdraw; the department will solicit and consider public input for withdrawal of the designated area from designation; if a designated area is withdrawn from designation, immunity for projects with site-specific plans previously approved by the department under 17 AAC 97.040 continues for those projects as if the area remained a designated area for the purposes of asserting immunity under AS 09.65.245(a); to retain immunity under AS 09.65.245(a), the projects must continue to be maintained following the monitoring and mitigation plan approved under 17 AAC 97.040(h). (b) Procedures for establishing designated areas for department projects are as follows: (1) if any part of the proposed designated area under this subsection is within a municipality, the department will secure a resolution from the governing body of the municipality in which the proposed area is located supporting the establishment of the designated area; (2) the department will document (A) a specific description of the proposed boundaries of the designated area; (B) tests documenting the presence of naturally occurring asbestos in the area, including information regarding testing methods and sampling protocols used to establish the presence of naturally occurring asbestos; (C) information related to the availability of gravel or other aggregate material free from naturally occurring asbestos in the area; (D) information and analysis related to the project costs associated with using naturally occurring asbestos; and (E) any other information that the department identifies as relevant to the establishment of a designated area as proposed; (3) upon establishing a file documenting the information required under (1) and (2) of this subsection, the department will solicit and consider public input from residents within the proposed designated area; (4) the department will issue a written determination establishing the designated area and containing a specific description of the boundaries of the designated area; the department will provide a copy of the written determination to the governing body of the municipality, if applicable; (5) after establishing a designated area, the department will notify potentially affected persons that the area has been designated as an area where landowners and contractors may be granted immunity under AS 09.65.245(a) (immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants) from a civil action or claim for damages or costs; (6) the department may at any time withdraw a designated area from designation; the department will solicit and consider public input for withdrawal of the designated area from designation; if a designated area is withdrawn from designation, immunity for projects with site-specific plans previously approved by the department under 17 AAC 97.040 continues for those projects as if the area remained a designated area for the purposes of asserting immunity under AS 09.65.245(a); to retain immunity under AS 09.65.245(a), the projects must continue to be maintained following the monitoring and mitigation plan approved under 17 AAC 97.040(h).
Authorities
44.42.030;44.42.400;44.42.020