Alaska Department of Environmental Conservation Division of Water

Proposed Updates to Wastewater Treatment and Disposal Regulations at 18 AAC 72

Frequently asked questions (FAQs) from the public, expected or received, have been compiled along with the department’s responses. Substantially similar questions have been aggregated:

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What is DEC proposing?

The major items DEC is proposing includes:

• a comprehensive restructuring and reorganization of the regulations;
• provide industry (i.e., certified installers and engineers) the authority to provide more services under their existing certification and licensure through permit-by-rule; and
• provide utilities with a process to expand their collection systems without DEC plan approval for each project.

What is permit-by-rule?

Permit-by-rule or authorization-by-rule refers to a process in which DEC will establish specific rules, restrictions, and construction standards that must be met for a wastewater system to be installed without prior approval from the department. Instead, the system, as constructed, is registered with the department. The department provides a cursory review of the wastewater system documentation for conformance with regulations and department published approved best management practices.

What systems can be installed without plan approval?

Under current regulation, a very limited number of conventional onsite wastewater systems can be installed without department approval. DEC is proposing to increase the number and type of systems that can be installed without approval. A certified installer will be able to install conventional onsite wastewater systems on a single lot with a total on lot design flow of 1500 gpd or less that may include residential dwellings or commercial structures. An engineer will be able design and supervise construction of a conventional onsite wastewater system for a total on lot or facility-wide design flow of 2500 gpd or less. In addition, an engineer will be able to design and supervise construction of select alternative wastewater systems without department approval.

Why would DEC allow more systems to be installed without approval?

On an individual basis, small onsite wastewater systems pose little risk as long as prescriptive construction standards and separation distance requirements are maintained. The program sees a need to shift away from regulating small systems on an individual basis and instead focus on identifying geographic areas that are being impacted by the density of wastewater systems or need different construction standards to better protect public health and the environment.

How will this benefit utilities?

DEC is proposing a process that will allow a utility to have their collection system standards of construction approved by the department in lieu of obtaining project specific approval for sewer main extensions and replacements.

How will the proposed changes related to non-domestic wastewater systems affect the plan review and permitting process for stormwater systems or operations related to Oil and Gas or Mining exploration and development?

ADEC does not anticipate any changes to the plan review process for those facilities that are issued permits for non-domestic wastewater systems and non-domestic wastewater discharges. The proposed amendments that set the same plan review process for both domestic and non-domestic wastewater systems under 18 AAC 72.200 – 18 AAC 72.290 could be combined with a permit modification or permit issuance under the proposed 18 AAC 72.010(c).

The Municipality of Anchorage (MOA) has different design standards and review process for some wastewater systems. How will the proposed amendments affect wastewater systems being installed with the MOA?

The Municipality of Anchorage has delegated authority for domestic wastewater systems serving up to 2 dwelling units or B&B’s. Deviations from ADEC requirements and standards contained in 18 AAC 72 go through a review process and must be accepted by ADEC for use within the MOA. The MOA has an onsite wastewater system division that provides permits, plan reviews, and regulatory oversight for these systems. The ordinances and standards developed specific to the MOA under their delegated authority do not apply for systems that are located outside the MOA.

Why place a requirement for manhole risers on septic tanks greater than 2000 gallons?

Currently the OWSIM (section 20.03, Article 3.1(B)) requires manhole risers on all septic tanks, regardless of size, serving a community soil absorption system defined at 18 AAC 72.990(14) in current regulations. The proposed amendment better captures the need for better access on larger septic tanks while allowing smaller community septic tanks to have a 4 inch cleanout.

The proposed amendments at 18 AAC 72.530(g)(2)(C) requires a 20 inch diameter manhole riser for lift stations integral to a septic tank while 18 AAC 72.530(g)(3)(B) requires a 24 inch diameter manhole access. Does ADEC intend these dimensions to be different.

Yes. Separate lift station structures contain steps to allow access and the increased diameter is needed to accommodate that access.

Why is ADEC requiring engineers notify the department prior to beginning construction on a wastewater system that doesn’t require prior plan approval?

The Department frequently receives calls from neighbors concerned about installations of wastewater systems. The notification requirement allows the Department to be aware when a system is being installed so any concerns can be addressed. The notification requirement also allows the Department to track when the system is not documented with 90-days of installation.

Why is ADEC requiring engineers to submit photos with the documentation of construction for wastewater systems that can be installed without prior plan approval?

The Department sees value in including photos during construction of a wastewater system to better evaluate whether the submitted information is correct, accurate, and the applicable construction standards were followed.

Can ADEC provide a simpler definition or an example of a “drain” as defined in the proposed amendments at 18 AAC 72.990(34)? Isn’t a “drain” the point at which the buildings interior plumbing goes below grade?

Whether a “drain” is below grade or below the ground surface is not a factor in the definition. The “drain” may be below grade within the footprint of the building (ex. crawl space) or below the building but not buried which may be the case with post on pad construction. The Department will include examples in the technical guidance manual that will be published prior to the effective date of the regulations.

Additional information:

For additional program information please visit the Engineering Support and Plan Review section website. Documents for the proposed regulation changes may be found at: Proposed Updates to Wastewater Treatment and Disposal Regulations at 18 AAC 72