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department will approve an application under this section only if

(1) the applicant has any permits required under federal, state, or municipal law;

(2) operation of the device, machine, or process does not violate federal, state, or municipal law; and

(3) the application under (b) of this section demonstrates, to the department’s satisfaction, that the production, processing, storage, and dispersal of radioactive materials will occur in a safe manner without exposing an individual or the public to radiation or radioactive materials in amounts that would endanger the health of that individual or the public. (e) A decision by the department under this section is the department’s final agency action. An applicant whose application is disapproved may seek reconsideration of the decision by filing a petition with the commissioner within 15 days after the date that the department delivers or mails its decision to the applicant. The petition must include a statement of the points on which the applicant disputes the department’s decision, and any argument in support of those points. The time period in which the commissioner may order a reconsideration expires 30 days after delivery or mailing of the decision to the applicant. If the commissioner does not take action on the petition within the 30-day time period for ordering reconsideration, the petition is considered denied. (f) Repealed 7/1/2015. (g) This section does not apply to activities described in AS 18.60.525(a) — (d). (Eff. 11/22/2005, Register 176; am 3/30/2006, Register 177; am 7/1/2015, Register 214) Statutory Authority: Authority: AS 18.05.010 AS 18.05.040 AS 18.60.475 Editor’s note: The discharge and disposal of radioactive materials are regulated by the Department of Environmental Conservation under AS 46.03.250, 46.03.260, and 18 AAC 85, and by the United States Nuclear Regulatory Commission. The Department of Environmental Conservation may be contacted at P.O. Box 111800, Juneau, AK 99811-1800. The United States Nuclear Regulatory Commission, Region IV, may be contacted at 1600 E. Lamar Boulevard, Suite 400, Arlington, Texas 76011-4511; telephone (817) 200-1106; Internet address: www.nrc.gov. Article 2. Registration and Use of Ionizing Radiation Sources. Rule