Section 18 AAC 15.920 - DefinitionsIn this chapter, unless the context requires otherwise,
(1) "administrative law judge" means the individual that the office of administrative hearings assigns under AS 44.64.020(a)(4) to hear(A) an adjudicatory hearing; or(B) a hearing on the existing record and on written briefs;(2) "appropriate division director," with respect to permit or certification procedures under 18 AAC 15.020 - 18 AAC 15.160, means the director of the department division responsible for the permit, approval, or certification at issue;(3) "commissioner" means (A) the commissioner of environmental conservation; or(B) a person designated by the commissioner to act for the commissioner, other than the person who issued the contested decision;(4) "decision" means a department decision to issue, deny, condition, suspend, revoke, or amend a permit, or to take another action reviewable under 18 AAC 15.195 - 18 AAC 15.340;(5) "department" means the Department of Environmental Conservation;(6) "division director" or "director," with respect to proceedings that are subject to 18 AAC 15.185 - 18 AAC 15.340, means(A) the director of the division within the department that issued the decision that is being contested in a request for informal review, request for an adjudicatory hearing, or request for stay; or(B) a person designated by the director to act for the director, other than the person who issued the contested decision;(7) "draft decision," with respect to (A) a draft permit or draft decision that a division issues for a comment, means the draft permit or draft decision;(B) a decision other than one described in (A) of this paragraph, means the permit or approval application, along with supporting materials submitted by the permit applicant or permittee and put out for public comment, that formed the basis for the contested decision;(8) "EPA" means the United States Environmental Protection Agency;(9) "modification of an NPDES permit" includes an action that, as a practical matter, alters the permittee's obligation under the NPDES permit, whether through a consent decree, stipulated agreement, enforcement compliance schedule letter, or any other means;(10) "NPDES" means the National Pollutant Discharge Elimination System under 33 U.S.C. 1328, 1342, and 1345;(11) "office of administrative hearings" means the independent agency under the direction of the chief administrative law judge and created under AS 44.64.010 in the Department of Administration;(12) "party" means the permit applicant or permittee, each person whose request for adjudicatory hearing or intervention has been granted, and the division director;(13) "permit" (A) means an approval, permit, certification, variance, exemption, delegation, or other authorization of the department subject to review under 18 AAC 15.195 - 18 AAC 15.340, including the terms and conditions of the permit;(B) includes an oil discharge prevention and contingency plan under AS 46.04 and the terms and conditions of the department's approval of the plan;(14) "permit applicant" means a person who (A) submitted an application for a permit subject to review under 18 AAC 15.195 - 18 AAC 15.340;(B) has been issued a permit subject to review under 18 AAC 15.195 - 18 AAC 15.340; or(C) who is the subject of a departmental action that is subject to review under 18 AAC 15.195 - 18 AAC 15.340;(15) "regional administrator" means the administrator of Region 10 of EPA;(16) "requester," with respect to (A) actions under 18 AAC 15.200 - 18 AAC 15.220, means a person requesting an adjudicatory hearing under 18 AAC 15.200 or requesting a stay under 18 AAC 15.210;(B) actions under 18 AAC 15.225 - 18 AAC 15.320,(i) means a person whose request for an adjudicatory hearing under 18 AAC 15.200 has been granted in whole or in part, a person whose request for stay has been granted in whole or in part, or a person whose request to intervene to contest all or part of the department's decision had been granted in whole or in part;(ii) does not include a person whose request for an adjudicatory hearing or request for intervention has been denied in whole;(17) "respondent" means a person defending the department's decision.Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; am 11/5/2017,Register 224, January 2018As of Register 204 (January 2013), and under AS 44.62.125(b)(6), the regulations attorney made technical corrections to 18 AAC 15.920.
Authority:AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.330
AS 46.03.720
AS 46.03.880
AS 46.04.030
AS 46.03.890
AS 46.14.120
AS 46.14.150