Sec. 44.46.025. Fees for services.

406 words·~2 min read·/ak/title-44/chapter-46/44-46-025

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as otherwise provided in AS 37.10.050 — 37.10.056, the Department of Environmental Conservation may adopt regulations that prescribe reasonable fees, and establish procedures for the collection of those fees, to cover the applicable direct costs, not including travel except in the case of a designated regulatory service, as that term is defined in AS 37.10.058 , of inspections, permit preparation and administration, plan review and approval, and other services provided by the department relating to

(1)animals and animal products under AS 03.05 ; food, drugs, and cosmetics under AS 17.20 ; and public accommodations and facilities under AS 18.35 ;

(2)certificates of inspection for motor vehicles under AS 46.14.400 or 46.14.510;

(3)drinking water systems under AS 46.03.720 ;

(4)water and wastewater operator training under AS 46.30 ;

(5)waste management and disposal authorizations under AS 46.03.100 ;

(6)certification of laboratories conducting environmental analyses of public drinking water systems or of oil or hazardous substances, or conducting other analyses required by the department;

(7)certification of federal permits or authorizations under 33 U.S.C. 1341 (sec. 401, Clean Water Act);

(8)regulation of point source discharges of pollutants under the program authorized by AS 46.03.020 (12);

(9)regulation of pesticides and broadcast chemicals registered under AS 46.03.320 (a)(4), with a reasonable fee not to exceed $120;

(10)licensing of pesticide applicators under AS 46.03.320 (b), with a reasonable fee not to exceed $25.

(b)The department may not charge a fee for a service that is provided by a municipality under a delegation by the department to the municipality.

(c)The department may adopt regulations that prescribe reasonable fees to cover the direct and indirect costs of air quality permit programs under AS 46.14 and may establish procedures for the collection of those fees.

(d)Notwithstanding

(a)of this section, the department may not charge a fee for inspection, permit preparation and administration, plan review and approval, or other services provided by the department under AS 03.05 or AS 44.46.020 (a)(5) to a school. In this subsection, “school” means a public school or private school for children of school age, as defined in AS 14.03.070 , or a head start center that receives federal financial assistance under 42 U.S.C. 9835.

(e)In (a)(9) and

(10)of this section, “reasonable fee” means a fee that does not unduly interfere in the conduct of commerce in the state.