Wastewater systems that do not meet the requirements listed in 18 AAC 72.511 or 18 AAC 72.611 require prior Department approval. Some examples are large commercial facilities, systems that discharge to surface water, or systems that receive nondomestic wastewater. These systems must have engineered plans submitted to the DEC by a professional engineer (P.E.) licensed in Alaska and must be approved before construction, modification or installation. Written approval is not required for routine maintenance as defined under 18 AAC 72.990. Prior written approval is also not required for emergency repair under 18 AAC 72.201(b) but emergency notice must be given to the department under 18 AAC 72.940. Upon completion of construction, modification, or installation or emergency repair, record drawings must be submitted to DEC by a licensed engineer.

The review, construction and approval process are as follows:

• Step One - Obtain Approval to Construct

  Engineer is hired by property owner to request approval to construct which includes an engineered design of the wastewater system. Plans are then submitted for review by a DEC plan review engineer for compliance with 18 AAC 72 wastewater regulations. Guidance checklists for engineered systems are available to aid in the submittal process. Approval to Construct is granted once plan is found to meet regulatory requirements. The Approval to Construct may include conditions for approval and typically grants a two-year time period to complete construction.

  Required EDMS Submittal Documents

• A plan intake form provided through EDMS
• The plan review fee as listed in 18 AAC 72.955
• A completed Owner's Statement form
• Engineering plans sealed in accordance with 12 AAC 36.185-36.245
  • Cover letter and/or engineers report describing project, including design flow calculations, etc., sealed
  • Other supporting documents
  • Performance Certification as needed (for Private Residential Marine Outfalls (only)

• Step Two - System is Constructed

  The system is constructed according to the plans reviewed and approved by DEC. During the construction, the engineer responsible for observing construction will visually observe the quality of construction, and the equipment and materials used for construction so that the observing engineer has the information necessary to provide a professional opinion regarding the system’s conformance to the approved construction documents, AS 46.03, and 18 AAC 72.

• Step Three - Obtain Approval to Operate

  Upon completion of construction, the designing engineer or engineer of record will submit a request for approval to operate with a signed Certification of Construction form, record drawings, verification of construction approval conditions and, if required, a copy of the maintenance agreement between property owner and a qualified service company. The submittal is then reviewed for compliance with DEC wastewater regulations and Approval to Operate is issued by DEC for the new or modified system.

The ESPR section currently has an extensive backlog of plan review submittals, especially approval to operate (ATO) requests. If a wastewater system no longer requires plan review under amended regulations effective October 1, 2023, but has an existing submittal pending review or has already received construction approval, the following actions may be taken:

• If a plan review fee has already been paid for a system that no longer requires plan approval, the engineer may request to withdraw the application but no refund will be issued; upon request, the Department will waive the DOC fee for systems submitted for registration by December 31, 2023.
• If an approval to construct (ATC) has already been issued and is not expired as of October 1, 2023, the engineer may
• submit a request for ATO by December 31, 2023 so the project can be issued operational approval under regulations effective prior to October 1, 2023; or
• request the ATC be terminated; the system must then be registered by submitting the DOC form and the $115 registration fee paid; the Department may deny this request if conditions were placed on the ATC or the system otherwise did not meet all construction standards and separation distance requirements.
• If an ATC has been issued but expired prior to October 1, 2023 and no ATO request has been submitted then
• if the system is already constructed, the engineer may submit for ATO no later than December 31, 2023; or
• if system has not yet been constructed, the ATC is terminated; a 24-hr notice and a DOC with the $115 registration fee must be submitted in accordance with regulations effective October 1, 2023.
• If an ATO request has already been submitted, no action is needed; the Department will be addressing the backlog of operational approval requests.

If there are any questions regarding this guidance, please contact Tonya Bear, ESPR section manager, at 451-2177 or Tonya Bear.

On October 1, 2023 amended wastewater disposal regulations came into effect and created an authorization by rule process for engineered alternative onsite wastewater systems. In addition it codified the previous interim guidance for conventional wastewater systems serving larger commercial facilities. This expansion allows alternative and conventional wastewater systems with onsite disposal (no direct conveyance off property) to be installed without prior approval as long as the design conforms to prescriptive standards. The engineer must provide a construction notification, via EDMS, and after construction the system must be registered with the Department similar to the existing process for conventional onsite wastewater systems.

For more information on this process please read the Onsite Wastewater System Installation Manual (OWSIM). To start the application process please visit the Document of Construction user guide.

The minimum requirements in 18 AAC 72 must be met unless a waiver is acquired from DEC. A waiver request must be prepared by an Alaska licensed engineer and submitted to DEC for review. Waiver requests must be submitted through EDMS. If a waiver is granted it is applicable until the system is modified or the use of the system is modified unless otherwise noted. A waiver is not automatic and will only be approved if public health and the environment can be protected with the requested deviation from design standards or separation distance requirement.