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Alaska Administrative Code (Last Updated: January 12, 2017) |
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Title 18. Environmental Conservation. |
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Chapter 18.75. Oil and Other Hazardous Substances Pollution Control. |
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Article 18.75.1. Oil Pollution Prevention Requirements. |
Section 18.75.730. Decision on application for surface oiling permit; permit term and conditions.
Latest version.
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(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) the potential for pollution of adjacent waters, including groundwater; (2) the potential for pollution of vegetation; (3) the need for the oiling, including local public opinion, and considerations of air quality as addressed by 18 AAC 50; (4) the predicted weather conditions for the time of the oiling; and (5) effects on the environment. (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) 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) 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) there may be no run-off of oil or other petroleum-derived dust retardants from the surface receiving the application; (4) oil or other petroleum-derived dust retardants may not be applied to any surface during precipitation or when precipitation is imminent; (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) 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) the permittee shall inspect immediately the freshly-treated surface for oily run-off and ponding of oil or other petroleum-derived dust retardants; (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) no oil or other petroleum-derived dust retardants may be allowed to enter state waters or to enter upon private property.
Authorities
46.03.020;46.03.740