Section 18.15.180. Certification for other federal licenses and permits.

	(a)  A person may not undertake a federally licensed or permitted activity requiring certification under 33 U.S.C. 1341 (Clean Water Act, sec. 401) without first applying for and obtaining certification from the department under this section unless, after application, the department waives its right to certify under 33 U.S.C. 1341(a) (Clean Water Act, sec. 401). An applicant must pay the appropriate fee in 18 AAC 72.956, 18 AAC 72.957, or 18 AAC 72.959 for certification of a federal license or permit.  
	(b)  Certification requests for any federal license or permit other than an NPDES permit will be processed in substantial conformity with secs. 130 - 170 of this chapter. The department will, in its discretion, enter into agreements with federal licensing and permitting agencies to provide for joint public notice and hearing. The department will make a decision on certification applications for other federal licenses or permits within 30 days of receipt of the federal agency's proposed action on the license or permit application.  
	(c)  An applicant for a federal license or permit requiring certification under 33 U.S.C. 1341 (Clean Water Act, section 401) must serve upon the department a copy of the application for a federal license or permit, and all accompanying information, contemporaneous with the submission of the application to the federal licensing or permitting agency. The requirements of 18 AAC 15.120(b) regarding reissuances or modifications to an NPDES permit apply to reissuances, renewals, or amendments to any other federal license or permit requiring certification under 33 U.S.C. 1341.  

Authorities

44.46.025;46.03.020;46.03.110

Notes

Reference

18 AAC 15.010
18 AAC 72.245
18 AAC 72.275
18 AAC 72.600

Authority

AS 44.46.025 AS 46.03.020 AS 46.03.110 ________________________

History

Eff. 11/25/77, Register 64; am 11/10/94, Register 132; am 1/17/2002, Register 161; am 7/11/2002, Register 163