ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Notice of Request for Adjudicatory Hearing on ADEC Water Division Decision on a Notice of Violation

Requester –                   Peter J. Caltagirone on behalf of Ahtna Infrastructure & Technologies, LLC                                                                      

Contested Decision –     ADEC Water Division issued a conditional approval to construct a land application disposal (LAD) system.

Permittee:                     Ahtna Infrastructure & Technologies, LLC.                           

Location –                    NOAA Fairweather Homeport Recapitalization Project at Ketchikan, Alaska

Background –               The Alaska Department of Environmental Conservation (ADEC) Water  Division, issued a Notice of Violation (NOV) of certain terms of APDES General Permit AKR10GP27. Ahtna requested that the NOV be reclassified as a compliance letter. That request for reclassification was denied by the Division. Ahtna requests reversal of that decision and reclassification of the NOV to a compliance letter.  

Copies of the adjudicatory hearing request can be viewed on ADEC’s web site https://dec.alaska.gov/commish/review-guidance/adjudicatory-hearing-guidance/  Copies may also be obtained by writing to Gary Mendivil, Hearing Liaison, Office of the Commissioner, Department of Environmental Conservation, P.O. Box 111800, Juneau, AK 99811-1800; by phoning Mr. Mendivil at (907) 465-5061; by faxing a request to (907) 465-5070; or by email to Gary.Mendivil@alaska.gov.

As provided in 18 AAC 15.210, any person who wishes to oppose or support the request for a stay must do so by serving a response on the Office of the Commissioner, Department of Environmental Conservation by December 27 , 2022. Written responses may be served by email to Gary.Mendivil@alaska.gov or served by mail addressed to Gary Mendivil, Hearing Liaison, Office of the Commissioner, Department of Environmental Conservation, Post Office Box 111800, Juneau, AK 99811-1800, or by facsimile to (907) 465-5070. The Commissioner will issue a decision on the request for stay pursuant to 18 AAC 15.210.

As provided in 18 AAC 15.220(b), the Water Division Director and permittee may file a response to the request for adjudicatory hearing by serving a response on the Office of Administrative Hearings by December 27, 2022. Written responses on the request for adjudicatory hearing may be served by email to doa.oah@alaska.gov or by mail addressed to the Office of Administrative Hearings, P.O. Box 1101231, Juneau, AK 99811-0231, or the Office of Administrative Hearings, 550 W. Seventh Avenue, Suite 1940, Anchorage, AK 99501. Please also serve a courtesy copy of the adjudicatory hearing request response to Gary Mendivil, Hearing Liaison, Office of the Commissioner, Alaska Department of Environmental Conservation, P.O. Box 111800, Juneau, AK 99811-1800, by facsimile to (907) 465-5070, or by email to Gary.Mendivil@alaska.gov .

The Office of Administrative Hearings will issue a recommended decision to the Commissioner whether to grant or deny the request for hearing or to remand the decision to the Division Director under 18 AAC 15.220(a) in accordance with the conditions set forth in the acknowledgement letter issued concurrently with this notice. The Commissioner will issue a decision on the request for adjudicatory hearing under 18 AAC 15.220. ADEC will comply with Title II of the Americans with Disabilities Act of 1990. If you are a person with a disability who may need a special accommodation in order to participate in this process, please contact Claire Fishwick at (907) 465-5871 to ensure that any necessary accommodations can be provided.